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06/17/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 6/17/2010- 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 Thank you to Census Complete Count Committee Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 3, 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. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Continue to July 15, 2010, the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 133 West Grapefruit Circle (Lot 22, Block 3 Virginia Groves Estates in Section 8, Township 29 South, Range 16 East); and pass Ordinances 8174-10, 8175-10 and 8176-10 on first reading.(ANX2010-03004) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8159-10 on second reading, amending Section 28.041(3), Code of Ordinances, to exempt solicitors from obtaining liability insurance under specified conditions and to clarify conditions under which solicitations shall be permitted, and amending Section 28.041, to provide for appealing the denial of a permit. Attachments 8.2 Adopt Ordinance No. 8169-10 on second reading, vacating a 16-foot alley in Bay View City Subdivision subject to a water main easement that is retained over all city-owned water mains on the properties, and a sewer main easement that is located upon Meadow Lark Lane and a portion of Virginia Avenue lying east of Meadow Lark Lane. Attachments City Manager Reports 9. Consent Agenda 9.1 Approve Specific Performance Agreement between Pinellas County and the City of Clearwater to allow for allocation of funds to support the Neighborhood Stabilization Program 2 (NSP2) activities within HUD designated areas in the City of Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Approve a standard Agreement Form to be used for various Outside Instructors for wellness initiatives and authorize the City Manager and/or his designee to execute such agreements. (consent) 19 Attachments 9.3 Approve the Tampa Bay Regional Domestic Security Task Force (RDSTF) Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding (2010-2012)and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Approve an agreement between the City of Clearwater Police Department and the Florida Department of Transportation (DOT) to perform educational activities and enforcement of pedestrian regulations at locations on or near state routes identified as having a high frequency of pedestrian-related crashes. (consent) Attachments 9.5 Award a contract to Custom Built Marine Construction, Inc. of Stuart Florida, to construct a new boat ramp at the east end of Bay Esplanade Drive on Clearwater Beach, in the amount of $156,495.90, which is the lowest responsible bid in accordance with plans and specifications, increase project budget by $565,699 for grant funding, and authorize the appropriate officials to execute same. (consent) Attachments 9.6 Accept a 25-foot Drainage and Utility Easement over, under, across and through a portion of the Northeast 1/4 of Section 18, Township 29 South, Range 16 East, as conveyed by the Board of Trustees of St. Petersburg College, in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) Attnchmentc 9.7 Award a contract for the Tropic Hills Stormwater Outfall Project Phase I (99-0018-EN) to Sunshine Pipe Corp. of Safety Harbor, Florida, for the sum of $1,893,512.50, which is the lowest responsible bid received in accordance with the plans and specifications; authorize establishment of project 315-96174, Tropic Hills Phase One and authorize the appropriate officials to execute same. (consent) Attachments 9.8 Award a contract for professional planning services pursuant to Clearwater RFP 12-10, Strategies and Actions to increase Energy Efficiency,to Renaissance Planning Group of Tampa, Florida, approve initiation of the work described in the Scope of Services for a lump sum fee of $214,605, and authorize the appropriate officials to execute same. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Amend the City's fiscal year 2009/2010 Operating and Capital Improvement Budgets at midyear and pass Ordinances 8187-10 and 8188-10 on first reading. Attachments 10.2 Amend Code of Ordinances Article VI, Division 2, Fiscal Management Procedure to reflect current terminology in state law and city charter and pass Ordinance 8185-10 on first reading. Attachments 10.3 Approve a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for runway repairs at the Clearwater Airpark and adopt Resolution 10-16 and authorize the appropriate officials to execute same. Aanchmems 10.4 Support Get Ready Tampa Bay, sponsored by Tampa Bay Regional Planning Council, to encourage the early release and integration of plug-in electric vehicles, adopt Resolution 10-15, and authorize the appropriate officials to execute same. Attachments 10.5 Review Police Staff s proposed budget reductions for the Police Department. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Direction regarding extending sales of alcoholic beverages to 3 a.m. Attachments 12. Closing Comments by Mayor 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Thank you to Census Complete Count Committee SUMMARY: Meeting Date: 6/17/2010 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall Meeting Date: 6/17/2010 SUBJECT / RECOMMENDATION: Approve the minutes of the June 3, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Attachment number 1 Page 1 of 8 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER June 3, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City present: Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. 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. Invocation - Mayor Frank Hibbard 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given 4.1 Cod Enforcement Officer's Aooreciation e Proclamation - Jun 7-11.2010. 4.2 Hurricane Awareness Month Proclamation - Jun 2010. 5. Approval of Minutes 5.1 Approve the minutes of th ay 2 , 2 1 City Council Meeting as submitted in written summation by the Citv Clerk. Councilmember Bill Jonson moved to approve the minutes of the May 20, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens Council 2010-6-3 Item #12 Attachment number 1 Page 2 of 8 Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve th 2010 Affordable Housing Inv nto List pursuant to r uir nts of Chapt r 16.4519 Florida tatut s9 adopt solution 10-12 and authorize the aproriat officials to execute same. The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." The state statute includes that the governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. On February 21, 2008, the City Council adopted Resolution 08-01 establishing the first 2008 Affordable Housing Inventory listing twenty-nine (29) parcels of City- owned land appropriate for use as affordable housing. Upon further analysis and due consideration, on November 5, 2009, the City Council adopted Resolution 09- 41 revising the first 2008 Affordable Housing Inventory to identify only two (2) City-owned parcels of land appropriate for use as affordable housing. Subsequent to the adoption of Resolution 09-41, the City has acquired no additional parcels of land or further identified any others to which it has title as appropriate for use as affordable housing. Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. Therefore, the 2010 Affordable Housing Inventory List includes the address and legal description of each property, and specifies whether the property is vacant or improved. Councilmember George N. Cretekos moved to approve the 2010 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes. The motion was duly seconded and carried unanimously. Resolution 10-12 was presented and read by title only. Councilmember Paul Gibson moved to adopt Resolution 10-12. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. Council 2010-6-3 Item #Z Attachment number 1 Page 3 of 8 The City presently owns and maintains sanitary sewer, storm sewer and potable water utilities in the streets proposed to be vacated. The applicant will assume ownership and maintenance responsibilities for a portion of the existing sanitary and all of the storm sewers present in the streets proposed to be vacated. The City will retain ownership of all unrestricted water mains via a 10-foot water main easement and retain ownership of sanitary sewer lines in Meadow Lark Lane and Virgina Avenue via a 15-foot sanitary sewer easement. Both easements are to be retained pursuant to Ordinance 8169-10.Fire Department access will be retained for all remaining structures on the applicant's properties via the existing roadways until such time the property is redeveloped. Bright House, Verizon, Progress Energy and Knology have no objections to the vacation request. An objection letter has been received from the owner of an adjoining property to the east, 150 McMullen Booth Road, expressing a concern with the City's ability to operate and maintain sanitary sewers in certain street portions proposed to be vacated and a concern with access to his property from the west. The sanitary sewer will be maintained through the retention of a 15-foot sanitary sewer easement. Access to 150 McMullen Booth Road is currently from McMullen Booth Road on the east; no improved access from the west currently exists. The Engineering Department has no objections to the vacation request provided the 10-foot water main and 15-foot sanitary sewer easements are retained per Ordinance 8169-10. In response to a question, the City Attorney said the Mayor did not need to recuse himself. Councilmember Bill Jonson moved to approve the applicants request to vacate alleys and portions of the street rights-of-way of Virginia Avenue, Eastwood Drive, Meadowlark Lane, Kentucky Avenue and Bay Street (aka 110 North McMullen Booth Road) as more particularly described in the ordinance. The motion was duly seconded and carried unanimously. Council 2010-6-3 Item #32 Attachment number 1 Page 4 of 8 Ordinance 8169-10 was presented and read by title only. Vice Mayor John Doran moved to pass Ordinance 8169-10 on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. Councilmember George N. Cretekos moved to continue Item 8.1 to June 17, 2010. The motion was duly seconded and carried unanimously. 8.2 opt rinance No. 8157-1 on second reading, making amendments to Beach By Design: r li iry Design for Clearwater Beach and sin Guidelines by ending Section VII, Design Guidelines and Subsection tacs. Ordinance 8157-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8157-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. 8.3 Adopt Ordinance No. 163-1 on second reading, annexing certain real prop rty whose post oice address is 2552 Ar lia Street into th corporat li its of th citv and red fining the bounds lines of the city to include said addition Ordinance 8163-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8163-10 on second and final reading. The motion was duly Council 2010-6-3 Item #d2 Attachment number 1 Page 5 of 8 seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. 8.4 Adopt Ordinance No. 164-1 on second reading, amending the future land use plan I nt of the Co r h nsiv Ian of the city to designate the land use for certain real property whoa post office address is 2552 Ar lia Street, upon annexation into the City of Clearwater, as Reside ntial/ ice/ etail ( / / ). Ordinance 8164-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8164-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. 8.5 Adopt Ordinance No. 8165-1 on second re in , amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2552 Arb lia trt, upon annexation into th City of Clearwater, as e iu nsity si ntial ). Ordinance 8165-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8165-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. 8.6 Adopt Ordinance No. 171-1 on second reading, annexing certain real property whose post oice address is 1335 and 1337 South Missouri Avenue, together with the abutting ri ht-of-way9 into the corporate li its of the city and redefining the boundarv lines of the city to include said addition. Council 2010-6-3 Item #2 Attachment number 1 Page 6 of 8 Ordinance 8171-10 was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8171-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. 8.7 Adopt Ordinance No. 172-1 on second reading, a enin the future land use plan I nt of the Co pr h nsiv Ian of th city to designate t land use for certain r al prop rty whoa post oic address is 1335 and 1337 South Missouri Avenue, tog th r with the abutting right-of-way, as Commercial n ral (C Ordinance 8172-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8172-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. , amending the Zoning Atlas of 8.8 Adept Ordinance No. 173-1 on second reading th cit zoning certain real property whose post office address is 1335 and 1337 South Missouri Avenue, tq th r with the abutting right-of-way, as Co rcial ?C Ordinance 8173-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8173-10 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Jonson. "Nays": None. City Manager Reports Council 2010-6-3 Item #(P Attachment number 1 Page 7 of 8 9. Consent Agenda 9.1 Authorize the release of a Request for Proposals for the Development of an Economic Development Strategic Plan for the City of Clearwater. (consent) 9.2 Approve an extension to the existina bankina services contract with the Bank of America, NA for a not-to-exceed amount of $600,000 for the 5 year period from October 1, 2010 to September 30, 2015 and authorize the appropriate officials to execute same. (consent) 9.3 Approve $57,500.00 settlement of the liability claim of Maria and Scott Chambers and authorize the appropriate officials to execute same. (consent) 9.4 Approve the Lease Agreement between the City and Powell Professional Center, LLLP. for the space desianated as Suite 240. located in the commercial buildina known as the Powell Professional Center at 401 Corbett Street, Clearwater, for use by the City as an onsite medical clinic at a cost not-to-exceed $137,000 for the three year period beginning July 1, 2010 and ending June 30, 2013 and authorize the appropriate officials to execute same.(consent) 9.5 Approve an agreement between the City of Clearwater and the Early Learning Coalition of Pinellas County, from June 10, 2010 through August 23, 2010 to provide summer camp subsidies for children apes five to eight years old and authorize the appropriate officials to execute same. (consent) 9.6 Approve the final plat for Stevens Creek Subdivision, located at the Southwest corner of North Betty Lane and Sunset Point Road. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted and the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports - None. 11. Closing Comments by Mayor Frank Hibbard reviewed recent and upcoming events; thanked Captain Todd A. Sokalzuk, U.S. Coast Guard Clearwater Air Station, for his service and welcomed Lt. Commander Mark Turner; and reported that instead of full closure, CSX will partially close Court and Chestnut during replacement of railroad ties. Council 2010-6-3 Item #32 Attachment number 1 Page 8 of 8 12. The meeting was adjourned at 6:20 p.m. Attest City Clerk Mayor City of Clearwater Council 2010-6-3 Item #$ ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Continue to July 15, 2010, the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 133 West Grapefruit Circle (Lot 22, Block 3 Virginia Groves Estates in Section 8, Township 29 South, Range 16 East); and pass Ordinances 8174-10, 8175-10 and 8176-10 on first reading.(ANX2010-03004) SUMMARY: This voluntary annexation petition involves a 0.19-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of West Grapefruit Circle, approximately 100 feet east of Calamondin Lane. The applicant is requesting this annexation in order to receive sanitary sewer service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL)and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the Calamondin Lane right-of-way and the applicant has paid the City's sewer impact fee. In coordination with the City's Engineering Department, at a future date, the sanitary sewer line will be extended to the adjacent West Grapefruit Circle right-of-way and the assessment fee will be paid. The owner is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 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 objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 3 Attachment number 1 Page 1 of 7 a z Li a PROJECT C-1 I SITE Location Map Owner: Housing Finance Authority of Pinellas County Case: ANX2010-03004 Site: 133 West Grapefruit Circle Property 0.194 Size (Acres): Land Use Zoning From : RL R-3 To: RL LMDR PIN: Atlas Page: 08-29-16-94284-003-0220 273B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-03004 - 133 W. Grapefruit Circle - Housing Finance Author ty of Pinellas County\Maps\ANX2010-03004 Location Map.doc Item # 3 Attachment number 1 Page 2 of 7 r H e i,Y 1 1 ?e , 1 ? ' ., . ? 1 _ 4 f rMb fl 1 I , jr y 11 11 t s.,. F ` N ?) "tiGyw} 1? } 'cox t ?y? ' h ' r' 'lfii A 4 :4"' 41 t p ?'? ° m t ? H F r p s w r? ifi 14 „att- ?` .'Yrl t S" J T o- 't t AL V. j 4', s eyy7 1 ?7. I . . . , a [ r I V K(ta f ? ?N ? LCLNLCCCL' S1 ' Jo, r I cb ?S i - Ai 1 { . Gf ix i k I r _ ) i 4, ? u?z NOLL?t'f?'?'L' Y s'i9 1 s r Aerial Photograph Owner: Housing Finance Authority of Pinellas County Case: ANX2010-03004 Site: 133 West Grapefruit Circle Property 0.194 Size Acres : Land Use Zoning PIN: 08-29-16-94284-003-0220 From : RL R-3 To: RL LMDR Atlas Page: 273B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-03004 - 133 W. Grapefruit Circle - Housing Finance Author ty of Pinellas County\Maps\ANX2010-03004 Aerial Photograph.doc Item # 3 Attachment number 1 Page 3 of 7 . -.'-r:;:.;,-. ; r. .:'::-::-.?v` r ;•:.::;;-.; _qy ':' r. :. -.r.?l1 .,•. ;.. .='-: ^ ••:,-.:'. N . . 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Grapefruit Circle - Housing Finance Author ty of Pinellas County\Maps\ANX2010-03004 Proposed Annexation Map.doc Item # 3 Attachment number 1 Page 4 of 7 - .. . • H r N . N N . . ?, • , . ..,•..N ^ S M . .a; :-ti --..'?^,?''- 1509 1505 . : :. :. .. . .. ...... . .... •? ??A;1fE?'CA O DR.. . .• • • •T14 1421 .__ . , L 1417 .. .: , •. . i Z 7 . .m• ''. .' . ••oa . •' :•A 2J 1413 z r .. Q ?:.;...... ::.?:::. .. .. .,...: N:-•;. ,...:...^..__ ;.:' :::-"-''.'::W:O•RA.PEf..?' IT:CI ::::' ?'.::.:::'. "'••'.:' .. .::.::::..... .'.':??,:":"::... '.', .:"• 1400 :. ::'• ? .: .: .. •;: • . R 1403 N N N N o N N 1401 N N r N N R N N N N N N N EDENWOOD ST 1316 rn ^ N ^ N ^ ? N rn ^ N o ? 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"..'.?:;""" ' J :1.413.:.J,-.':::r ?.C:.T::.:.., ..;;.•.. z - - - ---------- r .. Z Q • U ?G 1400 '.\.•' 274, 1403 V N N N N o N N 1401 N o N P N N N ry N N N N N EDENWOOD ST - - 1316 rn N N ^ N rn N N N N :- N ^ N 1311 1316 N 1308 ; 1309 1308 W , Q °j Q ' Q 1300 O N N N o N v m N N o N v N m N r N m N O 1301 JuU Q OO o N v N 1224 3 CAND LEWOOD ST 3 1225 3 O U rn rn P 1216 Z W N N N N °m N rn °g N P m N N 1217 1217 /y ? W V 1208 1209 1209 1200 Zoning Map Owner: Housing Finance Authority of Pinellas County Case: ANX2010-03004 Site: 133 West Grapefruit Circle Property 0.194 Size Acres : Land Use Zoning PIN: 08-29-16-94284-003-0220 From : RL R-3 To: RL LMDR Atlas Page: 273B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-03004 - 133 W. Grapefruit Circle - Housing Finance Author ty of Pinellas County\Maps\ANX2010-03004 Zoning Map.doc Item # 3 Attachment number 1 Page 6 of 7 . . 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CCWW???//// C0?/ N co M co M N N N N 5 EDENWOOD ST 1 6 so 1 1 130 02 3 1300 Q 0 1224 4 O 5 V Q 1208 6 m M ?n a O ? n N N N N 6 N 99 N N N N 1 2 3 4 5 L 10 11 6 7 8 18 22 21 20 19 e, 17 16 15 14 13 12 ca Lo N c.. co O R co N b N n l n N Q co co co co N N N N N N N N CANDLEWOOD ST O O O t, N N N N N N N N 1 2 3 4 5 6 7 8 9 10 7 22 21 20 19 18 17 15 14 1c 1317 1316 so so 9 35 N 1 2 y ld nta 28 2 W ? 1301 Q 3 33 N N O n O 11 N 7 Existing Surrounding Uses Map W 4 32 O 7 1216 31 Z P 5 9 30 16 Owner: Housing Finance Authority of Pinellas County Case: ANX2010-03004 Site: 133 West Grapefruit Circle Property 0.194 Size Acres : Land Use Zoning PIN: 08-29-16-94284-003-0220 From : RL R-3 To: RL LMDR Atlas Page: 273B S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-03004 - 133 W. Grapefruit Circle - Housing Finance Author ty of Pinellas County\Maps\ANX2010-03004 Existing Surrounding Uses Map.doc I tem # 3 Attachment number 1 Page 7 of 7 View looking south at t he subject property, 133 West Grapefruit Circle h r-' { a "' F? 4i West of the subject property Across street, to north of the subject property f I "" w - View looking easterly along West Grapefruit Circle View looking westerly along West Grapefruit Circle ANX2010-03004 Housing Finance Authority of Pinellas County Item # 3 133 West Grapefruit Circle T , yr; ?tfaTrn East of the subject property W_?1 N ® r.. rt aim ??J. , Attachment number 2 Page 1 of 1 ORDINANCE NO. 8174-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE 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 22, Block 3, Virginia Grove Estates, according to the plat thereof recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida (ANX2010-03004) 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 # 3 Ordinance No. 8174-10 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8175-10 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 SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE, 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 22, Block 3, Virginia Grove Estates, according Residential Low (RL) to the plat thereof recorded in Plat Book 36, Pages 68 and 69, Public Records of Pinellas County, Florida (ANX2010-03004) 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. 8174 -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 # 3 Ordinance No. 8175-10 Attachment number 4 Page 1 of 1 ORDINANCE NO. 8176-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF WEST GRAPEFRUIT CIRCLE APPROXIMATELY 100 FEET EAST OF CALAMONDIN LANE, CONSISTING OF LOT 22, BLOCK 3, VIRGINIA GROVE ESTATES, WHOSE POST OFFICE ADDRESS IS 133 WEST GRAPEFRUIT CIRCLE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District Lot 22, Block 3, Virginia Grove Estates, Low Medium Density according to the plat thereof recorded in Plat Residential Book 36, Pages 68 and 69, Public Records of (LMDR) Pinellas County, Florida (ANX2010-03004) 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. 8174-10. 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 # 3 Ordinance No. 8176-10 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8159-10 on second reading, amending Section 28.041(3), Code of Ordinances, to exempt solicitors from obtaining liability insurance under specified conditions and to clarify conditions under which solicitations shall be permitted, and amending Section 28.041, to provide for appealing the denial of a permit. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8159-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SOLICITING ON PUBLICLY- OWNED STREETS, GARAGES, AND PARKING LOTS; AMENDING SECTION 28.041(3), CODE OF ORDINANCES, TO EXEMPT SOLICITORS FROM OBTAINING LIABILITY INSURANCE UNDER SPECIFIED CONDITIONS AND TO CLARIFY THE CONDITIONS UNDER WHICH SOLICITATIONS SHALL BE PERMITTED; AMENDING SECTION 28.041(4), CODE OF ORDINANCES, TO PROVIDE AN AGGRIEVED APPLICANT A RIGHT TO APPEAL THE DENIAL OF A PERMIT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Department of Highway Safety and Motor Vehicles of the State of Florida, as of February 1, 2010, has provided 884,803 currently valid decals for motor vehicles in Pinellas County; and WHEREAS, Pinellas County is the most densely populated county in the State of Florida; and WHEREAS, the Tampa Bay area has the second highest incident of pedestrian fatalities in the State of Florida, and City of Clearwater has the third highest among local governments with the Tampa Bay area; and WHEREAS, the orderly flow of motorized traffic is a major concern in congested urban areas, particularly because an obstruction or delay in traffic at one point along a traffic artery results in delays and backups far down the roadway; and WHEREAS, a public safety hazard has been identified with persons approaching motor vehicles to solicit charitable contributions, business, or employment from the occupants of motor vehicles being operated on public streets in Clearwater; and WHEREAS, unlike the oral advocacy of ideas, or even the distribution of free literature, successful solicitation from drivers distracts them from their primary duty to watch the traffic and potential hazards in the road, observe all traffic control signals or warnings, and prepare to move through the intersection because the individual is required to respond to the solicitor by, for example, searching for currency, passing it along to the solicitor, securing any change returned, replacing a wallet or closing a purse, and then returning proper attention to the full responsibilities of operating a motor vehicle; and WHEREAS, there are numerous and diverse methods of soliciting available in the city that provide ample alternatives for solicitation, including Ordinance No. 81ttRM # 4 Attachment number 1 Page 2 of 5 soliciting pedestrians on the sidewalk, canvassing door-to-door, telephoning individuals, or direct mailing; and WHEREAS, the Ordinance is narrowly aimed at the disruptive nature of soliciting the occupants of motor vehicles being operated on public streets and is not intended to restrict the communication of ideas, including the distribution of free literature to occupants of motor vehicles or even the solicitation of the occupants of motor vehicles that are lawfully parked; and WHEREAS, failure to restrict solicitations of the occupants of motor vehicles being operated on public streets will endanger the health, safety, and general welfare of the public by permitting unsafe pedestrian movement within travel lanes, sudden stoppage or slowdown of traffic, rapid lane changing, turns, and other dangerous traffic movement, increased vehicular accidents, and motorist injuries and fatalities; and WHEREAS, although the City Council has a substantial governmental interest in enhancing traffic safety and ensuring the free flow of traffic, the Council also seeks not to sweep too broadly in its prohibitions so as not to burden more speech than is necessary to promote its governmental interest; and WHEREAS, the City Council has determined that a balance can be reached between its governmental interest in enhancing traffic safety and ensuring the free flow of traffic and a solicitor's First Amendment right to solicit by authorizing street solicitations when the solicitors comply with the conditions set forth below; and WHEREAS, the City Council recognizes that some solicitors may not be able to comply with the insurance requirements contained in Section 28.041(3); and WHEREAS, the City Council wants to ensure that any party denied a solicitor's permit is afforded prompt judicial review; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.041, Clearwater Code of Ordinances, is amended to read as follows: Section 28.041 Soliciting, collecting, etc., upon streets. (3) A A-P person, an organization, or person acting on behalf of the organization shall be exempt from subsection (1) under the following conditions: 2 Ordinance No. 81ttEM # 4 Attachment number 1 Page 3 of 5 (a) The person, organization, or person acting on behalf of the organization must provide the following to the chief of police, who shall approve the request within 5 business days from the date that all of the following information is provided: 1. No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or organization that will perform the solicitation and the name and address of the person or organization that will receive funds from the solicitation. 2 4 plop ft-4r +h° safety ef all ePSenc participating innthP- Snolinitatinn as weirs tho MGtnriRg pi blip, at the lnn atlnns ?.Mhoc ro I. snlinitat0AA ?niill take plane m rc-crt?.v 2.3, Specific details of the location or locations of the proposed solicitation and the hours during which the solicitation activities will occur. 3.4 Proof of commercial general liability insurance against claims for bodily injury and property damage occurring on streets, roads, or rights-of-way or arising from the solicitor's activities or use of the streets, roads, or rights-of-way by the solicitor or the solicitor's agents, contractors, or employees. The insurance shall have a limit of not less than $1 million per occurrence for the general aggregate. The certificate of insurance shall name the City of Clearwater as an additional insured and shall be filed with the Office of the Chief of Police no fewer I,-*ter than 14 days 72 hA, p; prior to hpfArp the date of the solicitation. 4. The reauirements of insurance contained in subaaraaraah (a)3. shall be waived where the applicant presents evidence of financial disability or inability to obtain an insurance company that will provide the insurance. Financial disability shall mean lack of present funds with which to pay the premium associated with the policy of insurance described in this section. (b) Organizations or persons meeting the requirements of subparagraphs (a)1.4 may solicit for a period not to exceed 10 cumulative days within 1 calendar year. (c) All solicitations shall occur during daylight hours only. (d) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause danger to the participants or the public. (e) No person engaging in solicitation activities shall persist after solicitation has been denied, act in a demanding or harassing manner, or use any sound or voice-amplifying apparatus or device. (f) All persons participating in the solicitation shall be at least 18 years of age and shall pnssoss pinta iro i?ontifinatinn (g) Signage providing notice of the solicitation shall be posted at least 500 feet before the site of the solicitation. Ordinance No. 81ttEM # 4 Attachment number 1 Page 4 of 5 (4) Any applicant who has been denied an exemption by the chief of police shall have the right of appeal to the city manager. The applicant shall file with the city clerk a written request for a hearing, which should include the grounds for such appeal and the complete name, address, and telephone number of the applicant. Upon the filing of a written request for a hearing, the city clerk shall notify the city manager or city manager's designee, who shall conduct a hearing within 20 calendar days from the date of the filing of the request. At least 10 calendar days prior to the hearing, the city clerk shall send the applicant notice of the date and place of the hearing by regular U.S. Mail to any address included on the written request for a hearing and shall also attempt to contact the applicant at any telephone number included on the written request for a hearing to inform the applicant of the date and place of the hearing. If the applicant did not include an address or a telephone number on the written request for a hearing or if the applicant wants to know the status of the appeal, the applicant can obtain information about the date and place of the hearing by contacting the city clerk at (727) 562-4091 or in person at 112 South Osceola Avenue, 2nd floor, Clearwater, Florida. At the hearing, the applicant shall have an opportunity to present evidence, to cross-examine witnesses, and to be represented by counsel. The City shall have the burden of proof by clear and convincing evidence and the decision of the city manager or city manager's designee shall be based solely on the evidence presented at the hearing. The city manager or designee shall file a written decision with the city clerk's office within 5 calendar days from the date of the hearing. The written decision shall contain the findings of fact upon which the decision was based and the legal basis for the decision. The city clerk shall send the applicant a copy of the decision by regular U.S. Mail to any address included on the written request for a hearing and shall also attempt to contact the applicant at any telephone number included on the written request for a hearing to inform the applicant that the decision has been filed. If the applicant did not include an address or telephone number on the written request for a hearing or if the applicant wants to know the status of the appeal, the applicant can obtain information about whether a decision was filed, as well as a copy of the decision, by contacting the city clerk at (727) 562-4091 or in person at 112 South Osceola Avenue, 2nd floor, Clearwater, Florida. The decision by the city manager or city manager's designee shall be final and conclusive, subject to judicial review by common-law certiorari in the Circuit Court for Pinellas County. {4} (5) If any provision of this section is declared invalid for any reason, such invalidity shall not affect any of the remaining provisions of this section. Ordinance No. 81ttEM # 4 Attachment number 1 Page 5 of 5 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: Robert J. Surette Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance No. 81ttRM # 4 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8169-10 on second reading, vacating a 16-foot alley in Bay View City Subdivision subject to a water main easement that is retained over all city-owned water mains on the properties, and a sewer main easement that is located upon Meadow Lark Lane and a portion of Virginia Avenue lying east of Meadow Lark Lane. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 6 ORDINANCE NO. 8169-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING A 16-FOOT ALLEY CONSISTING OF A PORTION OF LAND LYING BETWEEN LOTS 3 THROUGH 10, BLOCK 1 BAY VIEW CITY SUBDIVISION; A 16-FOOT ALLEY CONSISTING OF A PORTION OF LAND LYING BETWEEN LOTS 1 THROUGH 10, BLOCK 2, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 5, BLOCK 2, BAY VIEW CITY SUBDIVISION; A PORTION OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; A PORTION OF LAND LYING EAST OF LOT 5, BLOCK 2, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 3, AND THE WESTERLY 14 FEET OF LOT 4, BLOCK 4, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 3, BLOCK 3, BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING NORTH OF LOTS 1 THROUGH 6, BLOCK 17 BAY VIEW CITY SUBDIVISION; A PORTION OF LAND LYING SOUTH OF LOTS 1 THROUGH 3, AND THE WESTERLY 14 FEET OF LOT 4, BLOCK 4 AND NORTH OF THE WESTERLY 14 FEET OF LOT 9, AND LOTS 10 THROUGH 12, BLOCK 4, BAY VIEW CITY SUBDIVISION; AND A PORTION OF LAND LYING BETWEEN BLOCK 1, AND BLOCK 2, BAY VIEW CITY SUBDIVISION; SUBJECT TO A WATER MAIN EASEMENT THAT IS RETAINED OVER ALL CITY-OWNED WATER MAINS ON THE ABOVE PROPERTIES AND A SEWER MAIN EASEMENT THAT IS LOCATED UPON MEADOW LARK LANE AND A PORTION OF VIRGINIA AVENUE LYING EAST OF MEADOW LARK LANE; PROVIDING AN EFFECTIVE DATE. WHEREAS, First Baptist Church of Clearwater, Inc., a/k/a Calvary Baptist Church of Clearwater, owner of real property adjoining the alleys described herein, has requested that the City vacate the alleys depicted in Exhibit A attached hereto and that the City vacate the rights-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said alley is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A portion of land lying between Lots 3 through 10, Block 1, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, more particularly described as follows: Item # 5 Ordinance No. 8169-10 Attachment number 1 Page 2 of 6 Commencing at a point along the northerly right-of-way for a 16.00 foot platted alley also being the southeast corner of Lot 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence S 00° 00' 00" E a distance of 16.00 feet to a point lying on the northeast corner of Lot 7, Block 1 of said Map or Plat entitled "Bay View City Subdivision", thence continuing along a southerly right of way line for a 16.00 foot alley also being the northerly lot lines of Lots 7 through 10, Block 1, of said Map or Plat entitled "Bay View City Subdivision" S 90° 00'00" W a distance of 200.00 feet to the Northwest corner of said Lot 10, Block 1, of said Map or Plat entitled "Bay View City Subdivision", thence N 00° 00'00" E a distance of 16.00 feet to the northerly right-of-way line for said 16.00 foot alley, also being the southwest corner of Lot 3, Block 1, of said Map or Plat entitled "Bay View City Subdivision", thence along the northerly right-of-way line of said platted 16.00 foot alley, also being the southerly boundary lines of Lots 3 through 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision" S 90° 00' 00" E a distance of 200.00 feet to the southeast corner of said Lot 6, Block 1, also being the Point of Beginning, and A portion of land lying between Lots 1 through 10, Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the northerly right-of-way for a 16.00 foot platted alley also being the southwest corner of Lot 1, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence continue along the platted northerly right-of-way line for a 16.00 foot alley also being the southerly boundary for Lots 1 through 5, Block 2, Map or Plat entitled "Bay View City Subdivision", S 00° 00' 00" E a distance of 250.00 feet to a point lying on the southeast corner of Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", thence leaving said southerly boundary line of said Lots 1 through 5, Block 2, Map or Plat Entitled "Bay View City Subdivision" S 00° 00' 00" W a distance of 16.00 feet along easterly boundary line of 16.00 foot platted alley to a point lying on the northeast corner of Lot 6, Block 2, Map or Plat entitled "Bay View City Subdivision", thence continue N 90° 00'00" W along northerly boundary line for Lots 6 through 10, Block 2 Map or Plat entitled "Bay View City Subdivision" also being the southerly boundary line for said platted alley a distance of 250.00 feet to a point lying at the northwest corner of Lot 10, Block 2, Map or Plat entitled "Bay View City Subdivision", thence N 00° 00' 00" E a distance of 16.00 feet to a point along the northerly right-of-way line of said 16.00 foot platted alley, also being the southwest corner of said Lot 1, Block 2, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying north of Lots 1 through 5, Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northwest corner of Lot 1, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 30.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00'00" E a distance of 250.00 feet, thence S 00° 00' 00" W a distance of 30.00 feet to a point along the southerly right- of-way line of said Virginia Avenue, also being the northeast corner for said Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00'00" W along the southerly right-of-way line for Virginia Avenue also being the northerly boundary line 2 Ordinance Nq.t6f90t Attachment number 1 Page 3 of 6 for Lots 1 through 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision" a distance of 250.00 feet to northwest corner of Lot 1, Block 2, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land commencing at the southwest corner of the northwest Y4 of the northwest Y4 of Section 16, Township 29 South, Range 16 East and run thence S 89° 27' 56" E along the 40 acre line, 669.05 feet, thence north 00° 37' 03" east 75.14 feet to the Point of Beginning, thence N 90° 00'00" W a distance of 200.00 feet, thence N 00° 00' 00" W a distance of 15.00 feet, thence S 90° 00' 00" E a distance of 50.00 feet, thence N 00° 00'00" W a distance of 15.00 feet, thence S 90° 00'00" E a distance of 150.00 feet, thence S 00° 00' 00" E a distance of 30.00 feet to the Point of Beginning, and A portion of land lying east of Lot 5, Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida. Being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northeast corner of Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 30.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00'00" E a distance of 60.00 feet, thence S 00° 00' 00" E a distance of 166.01 feet to a point along the easterly right- of-way line of Bay Street, perpendicular to the intersection of the westerly right-of-way line of Bay Street and the centerline of the alley dividing Block 2, thence N 89° 44' 51" W a distance of 60.00 feet to a point along said centerline of the alley dividing Block 2 of said Map or Plat entitled "Bay View City Subdivision", thence N 00° 00'00" W a distance of 8.00 feet to the southeast corner of Lot 5, Block 2, Map or Plat entitled "Bay View City Subdivision", thence N 00° 00' 00" W a distance of 127.75 feet to the northwest corner of Lot 5, Block 2, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying north of Lots 1 through 3, and the westerly 14.00 feet of Lot 4, Block 4, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Kentucky Avenue, also being the northwest corner of Lot 1, Block 4, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 60.00 feet to a point on the northerly right-of-way of Kentucky Avenue, thence continue along said northerly right-of-way of Kentucky Avenue N 90° 00'00" E a distance of 164.50 feet, thence S 00° 00' 00" W a distance of 60.00 feet to a point along the southerly right- of-way line of said Kentucky Avenue, also being the northeast corner for said westerly 14.00 feet of Lot 4, Block 4 of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00'00" W along the southerly right-of-way line for Kentucky Avenue also being the northerly boundary line for Lots 1 through 3, and the westerly 14.00 feet of Lot 4, Block 4 of said Map or Plat entitled "Bay View City Subdivision" a distance of 164.50 feet to the northwest corner of Lot 1, Block 4, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and Ordinance Nq.t6f90t Attachment number 1 Page 4 of 6 A portion of land lying north of Lots 1 through 3, Block 3, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Kentucky Avenue also being the northwest corner of Lot 1, Block 3, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 60.00 feet to a point along the northerly right-of-way of Kentucky Avenue, thence continue along said northerly right-of-way of Kentucky Avenue N 90° 00'00" E a distance of 150.00 feet, thence S 00° 00' 00" W a distance of 60.00 feet to a point along the southerly right- of-way line of said Kentucky Avenue, also being the northeast corner of said Lot 3, Block 3 of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00'00" W along the southerly right-of-way line for Kentucky Avenue also being the northerly boundary line for Lots 1 through 3, Block 3 of said Map or Plat entitled "Bay View City Subdivision" a distance of 150.00 feet to northwest corner of Lot 1, Block 3, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying north of Lots 1 through 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43, of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at a point along the southerly right-of-way line of Virginia Avenue also being the northwest corner of Lot 1, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 40.00 feet to a point along the northerly right-of-way of Virginia Avenue, thence continue along said northerly right-of-way of Virginia Avenue N 90° 00'00" E a distance of 316.50 feet, thence N 00° 00' 00" E a distance of 95.00 feet, thence N 90° 00' 00" E a distance of 18.00 feet, thence S 00° 00' 00" W a distance of 105.00 feet, thence N 90° 00' 00" E a distance of 26.00 feet, thence S 00° 00' 00" W a distance of 30.00 feet to a point along the southerly right-of-way line of said Virginia Avenue, also being the northwest corner of Lot 1, Block 2 of said Map or Plat entitled "Bay View City Subdivision", thence S 90° 00' 00" W along the southerly right-of-way line for Virginia Avenue also being the northerly boundary line of Lots 1 through 6, Block 1, of said Map or Plat entitled "Bay View City Subdivision" a distance of 360.50 feet to the northwest corner of Lot 1, Block 1, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying south of Lots 1 through 3 and the westerly 14 feet of Lot 4, Block 4, and north of the westerly 14-feet of Lot 9 and Lots 10 through 12, Block 4, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida, being more particularly described as follows: Commencing at the northwest corner of Lot 12, Block 4 of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 16.00 feet to the southwest corner of Lot 1, Block 4, thence N 90° 00' 00" E along the southerly boundary line for Lots 1 through 3 and the westerly 14.00 feet of Lot 4, Block 4 a distance of 164.50 feet to the southeast corner of the westerly 14.00 feet of Lot 4, Block 4, thence S 00° 00'00" W a distance of 16.00 feet to a point along the southerly right of way line for a 16 foot platted alley 14.00 feet east of the northwest corner of said Lot 9, Block 4, thence S 90° 00' 00" W along the northerly boundary line of the west 14 feet of Lot 9 and Lots 10 through 12, Block 4, a distance of 164.50 feet to the Ordinance Nq.t6f90t Attachment number 1 Page 5 of 6 northwest corner of Lot 12, Block 4, Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, and A portion of land lying between Block 1 and Block 2, Map or Plat entitled "Bay View City Subdivision", as recorded in Plat Book 9, Page 43 of the Public Records of Pinellas County, Florida being more particularly described as follows: Commencing at a point along the westerly right-of-way line of Meadow Lark Lane (field), Michigan Boulevard (plat), and along the northerly right-of-way line of Kentucky Avenue also being the southeast corner of Lot 7, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning, thence N 00° 00' 00" E a distance of 270.75 feet along the westerly right-of-way of said Meadow Lark Lane (field), Michigan Boulevard (plat) to a point along the southerly right-of-way line of Virginia Avenue also being the northeast corner of Lot 6, Block 1, thence N 90°00' 00" E along the southerly right-of-way of Virginia Avenue a distance of 60.00 feet to a point along the easterly right- of-way of Meadow Lark Lane (field), Michigan Boulevard (plat) also being the northwest corner of Lot 1, Block 3, thence S 00° 00' 00" W along the easterly right-of-way of said Meadow Lark Lane (field), Michigan Boulevard (plat), a distance of 270.75 feet to a point along the southerly right-of-way of said Kentucky Avenue also being the southwest corner of Lot 10, Block 2, thence S 90° 00' 00" W along the northerly right-of-way line of said Kentucky Avenue a distance of 60.00 feet to the southeast corner of Lot 7, Block 1, of said Map or Plat entitled "Bay View City Subdivision", also being the Point of Beginning. All of the property described above is hereby vacated, closed and released, subject to the retention of a 10-foot water main easement located over all City owned water mains contained within the above described properties, said water main easement(s) to lie 5 feet on either side of the centerline of all water mains, and subject to the retention of a 15-foot sewer main easement located over the City-owned sewer main contained in the street right-of-way portions of Meadow Lark Lane and Virginia Avenue east of Meadow Lark Lane as described above, said sewer main easement to lie 7.5 feet on either side of the centerline of the sewer main, and only then does the City of Clearwater release all of its right, title and interest to the property described above. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Ordinance Nq.t6f90t Attachment number 1 Page 6 of 6 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Camilo A. Soto Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Ordinance Nq.t6f90t ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Specific Performance Agreement between Pinellas County and the City of Clearwater to allow for allocation of funds to support the Neighborhood Stabilization Program 2 (NSP2) activities within HUD designated areas in the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The U.S. Department of Housing and Urban Development (HUD) issued a Notice of Funding Availability for the Neighborhood Stabilization Program 2 under the American Recovery and Reinvestment Act of 2009. The funding can be used to stabilize and revitalize neighborhoods identified by HUD as areas of significant need due to the economic downturn and the volatility of the financial and housing markets and resulting foreclosure crisis within these communities. HUD has identified 21 census tracts within the City of Clearwater that would be eligible for NSP2 funding. Neighborhood Lending Partners of West Florida, Inc., a Florida not-for-profit corporation, Pinellas County, Pasco County and the Housing Finance Authority of Pinellas County, formed a consortium for the purpose of applying for Neighborhood Stabilization Program 2 funding in July of 2009. In January of 2010, the Consortium was awarded $50 million in NSP2 funding. Activities allowed under the HUD NSP2 funding award include: Establishment of financing mechanisms for purchase and redevelopment of foreclosed homes and residential properties. Purchase and rehabilitation of Single Family homeownership properties. Purchase and rehabilitation of Multi-Family rental properties. Demolish blighted structures. Redevelopment of demolished or vacant properties. The City of Clearwater will be receiving $3,058,488 in NSP2 funding through Pinellas County with this agreement. The City will follow the policies and procedures established by Pinellas County as the funding provider and will be entitled to 7% of this contract allocation to cover administrative costs. The $200,088 administration fee paid by Pinellas County will help cover lost budget revenue from the SHIP Program and the County's Housing Trust Fund which were eliminated from future funding sources. The City may request reimbursement of administrative costs on a monthly basis to meet program strategies. The City will be required to use Pinellas County's application forms, checklists and closing documents to be eligible for funding. In accordance with NSP2 requirements, at least 25% of the Consortium's funds must be used for the benefit of Low-Income Households. "Low-Income Household" is defined as a household whose income does not exceed 50% of the area median income, as determined by HUD. All properties acquired through this Agreement will remain affordable through the use of the deed restrictions or mortgages, assuring that assisted properties meet affordability requirements for not less than thirty years (30) for homeownership projects and not less than forty years (40) for multi-family developments. It is anticipated by Pinellas County that the funding provided will be able to acquire, rehabilitate or construct at least 25 housing units in the City of Clearwater through this agreement. To satisfy the NSP2 Consortium requirements, the City will need to expend 50% of its total allocation by August 11, 2011 and obligate or expend 100% of the allocation by May 11, 2012. Cover Memo The terms of performance under this Agreement for Services shall commence on June 17, 2010 and shall be comlyttm lff &ugust 31, 2012. 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 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 # 6 Attachment number 1 Page 1 of 11 PINELLAS COUNTY COMMUNITY DEVELOPMENT SPECIFIC PERFORMANCE AGREEMENT THIS AGREEMENT, entered this day of June, 2010 by and between Pinellas (herein called the "County") and City of Clearwater (herein called the "City"). WITNESSETH: WHEREAS, the American Reinvestment and Recovery Act of 2009 (ARRA) includes an allocation of funds for additional activities under Division B, Title III of the Housing and Economic Recovery Act of 2008 (HERA). The additional funds are referred to as the Neighborhood Stabilization Program 2 (NSP2). WHEREAS, the purpose of NSP2 is to assist in the redevelopment and rehabilitation of abandoned and foreclosed properties. NSP2 is a component of the federal Community Development Block Grant Program under Title I of the Housing and Community Development Act of 1972, as amended (CDBG). WHEREAS, implementation of the NSP2 Program is governed by all the applicable laws and regulation governing the use of NSP2 funds, as set forth in ARRA, the Notice of Funding Availability, CDBG, and the Grant Application (collectively, the NSP2 Requirements); WHEREAS, Neighborhood Lending Partners of West Florida, Inc. (NLP), Pasco County, Pinellas County and the Housing Finance Authority of Pinellas County (HFA) are members of a consortium (Consortium) pursuant to the Florida Suncoast Housing Partners Neighborhood Stabilization Program Agreement dated July, 2009; WHEREAS, the U.S. Department of Housing and Urban Development (HUD) awarded Neighborhood Lending Partners of West Florida, Inc. (NLP), a Florida not-for-profit corporation in its capacity as Lead Applicant "Lead Applicant" with $50 Million of NSP2 funds to conduct a NSP2 program in Pinellas and Pasco Counties (County); WHEREAS, the Pinellas County Community Development Department ("County") administers the NSP2 program on behalf of Pinellas County; and WHEREAS, Pinellas County has determined that undertaking NSP2 activities within the corporate city limits of Clearwater meets the County's identified housing and community development needs and that reasonable benefits will accrue to the residents of the Urban County Area; and WHEREAS, City of Clearwater has determined that undertaking NSP2 activities meets the City's identified housing and community development needs and that reasonable benefits will accrue to the residents of the City by undertaking same; and WHEREAS, it is beneficial to County to contract with City to assist in carrying out its local programs; and WHEREAS, the County has determined that the City is qualified to administer this activity; and WHEREAS, it is necessary for the County and the City to enter into an Agreement for implementation of this activity; and Item # 6 1 of 11 Attachment number 1 Page 2 of 11 WHEREAS, the County agrees to accept and evaluate for funding applications for financing of multi-family and planned community rental and homeowner projects within the City's jurisdiction in order to access the Florida Suncoast Housing Partners' programs including Purchase and Rehabilitation of Multi-Family & Single-Family Rental Properties, Purchase and Rehabilitation of Single-Family Homeownership Residential Properties, Redevelopment of Demolished, Abandoned or Vacant Properties, Demolition and Financing Mechanisms. NOW THEREFORE, in consideration of the mutual performance of the said promises and covenants contained herein, the County and the City agree as follows: A. SCOPE OF SERVICES Activities The focus of the City's efforts under this Agreement will be implementation of NSP2 activities within the City's jurisdiction. The principal objective of the Agreement will be the acquisition, rehabilitation, demolition and/or construction of 25 housing units. The City will be responsible for administering the NSP2 Program in a manner satisfactory to the County and consistent with any standards required by NLP as a condition of providing these funds. Such program will include the following activities eligible under the NSP2 Program. The City will administer all tasks in connection with the aforesaid program in compliance will all applicable Federal, State and local rules and regulation governing these funds, and in a manner satisfactory to the County. 2. Program Delivery Activity #1: Purchase and Rehabilitation of Multi-Family & Single-Family Rental Properties Activity #2: Purchase and Rehabilitation of Single-Family Homeownership Residential Properties Activity #3: Redevelopment of Demolished, Abandoned or Vacant Properties Activity #4: Demolition Activity #5: Financing Mechanisms 3. Staffing The City shall assign the following as Key Personnel to the NSP2 Program: James R. Donnelly, Assistant Director, Economic Development and Housing Department. Any changes in the Key Personnel assigned under this project are subject to the prior approval of the County. 4. Project Schedule Unless amended by mutual written agreement by the City and the County, the City will perform the described NSP2 tasks in conformance with the schedule attached as Exhibit 1. Item # 6 2of11 Attachment number 1 Page 3 of 11 5. Budget The following is the budget to be administered by the City. Unless otherwise noted, this budget may only be modified through a formal written amendment approved by the County. NSP2 Eligible Project Costs $2,858,400 Administration (7%) $ 200,088 (Administration includes salaries, fringe benefits, supplies and materials, reproduction/printing, travel, mileage reimbursement) Total $3,058,488 6. Method of Compensation and Schedule of Payment for Administrative Expenses Upon execution of this Agreement, the City may, for the next consecutive six months (Months One through Six) request reimbursement on a monthly basis up to one twelfth of the budgeted amount to cover expenses actually incurred. After Month 6, requests for reimbursement of the budgeted funds for administration must be based on costs actually incurred, and proportional to the percentage of the total authorized amount for project activities. The City shall identify qualified properties within jurisdictional boundaries. The City shall submit information and reports to the County quarterly by the 3rd day of the succeeding month so that the County can submit reports timely to NSP: March 31, June 30, September 30, and December 31. iii. The scope of services outlined above shall not be altered without written approval of the County. B. FUNDING The City is authorized to use County NSP2 funds solely for the purpose of carrying out the NSP2 Activities in a timely manner and in compliance with NSP2 Requirements. The City may use County NSP2 funds solely for the benefit of individuals and families whose incomes do not exceed 120 percent of area median income. 2. In accordance with NSP2 Requirements, at least twenty-five percent (25%) of the Consortium's funds must be used for the benefit of Low-Income Households. The City may satisfy this obligation in three potential ways. The obligation can be satisfied, in whole, by (1) expending at least twenty-five percent (25%) of the funds allocated to the City to NSP2 Activities that benefit Low-Income Households; (2) in partnership with County by contributing a portion of the twenty-five percent (25%) requirement; or, (3) the twenty-five percent (25%) set- a-side may be satisfied, in whole, by another subrecipient or County or Housing Finance Authority of Pinellas County or Florida Suncoast Housing Partners Consortium member carrying out the activity that benefits Low-Income Households. The units benefitting Low- Income Households may be physically located within the jurisdiction of City, such other subrecipient, County or Florida Suncoast Housing Partner Consortium Member, with concurrence of the County. "Low income household" is defined as a household whose income does not exceed fifty percent (50%) of the area median income, as determined by HUD. Item # 6 3of11 Attachment number 1 Page 4 of 11 3. In accordance with NSP2 Requirements, not more than ten percent (10%) of the City's Funds may be used for demolition activities under HERA unless NLP applies for and receives a waiver from HUD. 4. For each NSP2 Activity, the City will ensure that the County's application forms, file stacking sheet, checklists or a reasonable facsimile of same are utilized. County may inspect documentation upon monitoring site visit. Invoices and supporting documentation should be sent to Community Development, 600 Cleveland Street, Suite 800, Clearwater, Florida 33755. 5. In the event that the City fails to expend its initial allocation within the time periods set forth in Section B.6., the unutilized allocation to the City will revert to the County. 6. NSP2 requirements mandate that NLP expend Consortium funds to projects within an established time frame or such funds are subject to recapture by HUD. To satisfy these NSP2 Requirements, one-half of all Consortium Funds must be expended within two (2) years of the HUD Award Date, and all NSP2 funds must be expended within three (3) years of the HUD Award Date of February 11, 2010. To ensure that the Consortium Funds are not recaptured, the City shall use its best efforts to: a. Expend fifty percent (50%) of its total allocation within eighteen (18) months of the HUD Award Date of February 11, 2010; b. Obligate or expend seventy-five percent (75%) of its total allocation within twenty-one (21) months of the HUD Award Date of February 11, 2010; C. Obligate or expend one hundred percent (100%) of its total allocation within twenty-seven (27) months of the HUD Award Date of February 11, 2010; and d. In the event the City fails to expend its allocation as required by this Section, then the funds that reflect the amount by which the City fell short of the desired expenditure levels will be reallocated to the County. 7. The City shall submit supporting documentation with each request for payment in carrying out the activities described in Section A.2. above. For multi-family projects, supporting documentation shall consist of an Affordable Housing Development application and supporting materials and documents. All requests must be approved by the County prior to payment. A "Request for Reimbursement' form will be provided to City by the County. 8. The source of funding from the County for payment of activities performed under this Agreement is a grant provided to the County by the U.S. Department of Housing and Urban Development through the Florida Suncoast Housing Partners Consortium. The City agrees that in the event that any grant reduced or withheld by the U.S. Department of Housing and Urban Development or the Florida Suncoast Housing Partners Consortium, the County shall not be liable for payment of contracted services remaining unfunded by said reduced or withheld grant. In the event that the U.S. Department of Housing and Urban Development or the Florida Suncoast Housing Partners determines that the City has not fulfilled its obligations in accordance with the requirements applicable to the grant and/or requests reimbursement of expenses paid under this Agreement from Florida Suncoast Housing Partners or County, the City shall provide said reimbursement within fifteen (15) days of said notice from the County. C. MONITORING The County and the City agrees that Neighborhood Lending Partners of West Florida, Inc. has the responsibility and right, at any time, with or without notice, to inspect projects, activities, or Item # 6 4of11 Attachment number 1 Page 5 of 11 uses assisted by this Agreement. The City shall also fully cooperate and assist in this and any other monitoring of the City and any City funds and property contained in this Agreement when requested by the County. The City shall furthermore provide access to the County, Florida Suncoast Housing Partners, HUD, the Comptroller General of the United States, the Government Accountability Office, and their duly authorized representatives, to any books, documents, papers, and records which are directly pertinent to the execution of this Agreement and activities for the purposes of making audit, examination, excerpts, and transactions. 2. All records pertaining to this Agreement, including but not limited to financial, statistical, property and programmatic records shall be retained for five (5) years from ending date of the County's fiscal year (October 1 through September 30) in which this Agreement is paid in full, expired, or terminated. All records, however, that are subject to audit findings shall be retained for five (5) years in the manner prescribed above or until such audit findings have been resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by the Statutes of the State of Florida. 3. The City shall at any time during normal business hours and as often as the County and/or Neighborhood Lending Partners of West Florida, Inc. and/ or the Chief Financial Officer, and/or the Auditor General and/or any of their duly authorized representatives may deem necessary make available for examination all of City's records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the County and/or its designated authorized representative to audit and examine all books, documents, papers, records and data related to this Agreement. D. TERM OF AGREEMENT The term of performance under this Agreement for the services described in Section A above shall commence on June 17, 2010 and shall be completed by August 31, 2012. 2. County may suspend, withhold payments, or terminate this Agreement and all payment to the City in whole or in part for cause upon seven (7) calendar days notice in writing to the City. Cause, which shall be determined by County, includes but is not limited to a) improper use of Project funds, b) failure to comply with the terms and conditions of the Agreement, c) refusal to accept conditions imposed by the State and/or HUD pertaining to activities covered by this Agreement, d) submittal to County of documentation which is incorrect or incomplete in any material respect, or e) changes in State and/or Federal law or the availability of grant funds, as identified in Section B of this Agreement, which render the Project impossible or infeasible. 3. In the event of default, lack of compliance or failure to perform on the part of City, County reserves the right to exercise corrective or remedial actions, to include, but not necessarily be limited to requesting additional information from City to determine reasons for or extent of noncompliance or lack of performance; issue a written warning advising City of deficiency and advising City that more serious sanctions may be taken if situation is not remedied; advise City to suspend, discontinue or not incur costs for activities in question; withhold payment for services provided; or advise City to reimburse County for amount of costs incurred for any items determined ineligible. 4. In the event of a natural disaster, this Agreement may be suspended or terminated and funds transferred to recovery activities as determined by the County. Funds subject to this provision Item # 6 5of11 Attachment number 1 Page 6 of 11 shall be those that are not contractually committed for construction, design or other such third party private City. 5. This Agreement may be terminated in whole or in part for convenience by either party upon written notification to the other and with the written consent of the other. Termination for convenience shall not apply to provisions in this Agreement that require compliance with laws, regulations or ordinances, records retention or to the provision of service to low and moderate income persons or other specified beneficiaries. E. INDEMNIFICATION AND INSURANCE The County and City 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, to the extent permitted by Section 768.28 Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either County or City. Nothing herein shall be construed as consent by County or City to be sued by third parties in any manner arising out of this Agreement. F. REPORTING The City shall furnish the County with all additional information, records, reports and data as may be required by the U.S. Department of Housing and Urban Development or Florida Suncoast Housing Partners or County pertaining to this Agreement. G. FEDERAL SUBRECIPIENT REQUIREMENTS The City hereby agrees to comply with all the requirements under ARRA and HERA, its implementing regulations and other applicable federal laws and regulations. The following is a partial list of statutory requirements that may be pertinent to activities carried out pursuant to this Agreement. In carrying out this Agreement, the City or any contractor shall not exclude from participation in, deny benefits to, or otherwise discriminate against, any person because of race, color, religion, sex, age, national origin, family status or handicap. The City, as the applicable responsible entity (as such term is defined in 24 CFR 58.2) within its jurisdiction, undertakes to conduct any environmental reviews, decision- making and action for proposed NSP2 Activities located within its jurisdiction that is required by the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR part 58. iii. Compliance with the following requirements: a. Competitive Procurement; b. Copeland Anti-Kickback Act (for construction or repair contracts); C. National Flood Insurance Program (24 CFR 570.605); d. Davis Bacon requirements and other Labor Standards (24 CFR 570.603); e. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (for construction contracts in excess of $2,000); Item # 6 6of11 Attachment number 1 Page 7 of 11 f. Relocation, Real Property Acquisition and One-for-One Replacement (24 CFR 570.606); g. Tenant Protection Act; h. Lead-based Paint (24 CFR 570.608 and 24 CFR Part 35); i. Section 306 of the Clean Air Act, Executive Order 11738 and Environmental Protection Agency regulations (for contracts in excess of $100,000); and j. Certain energy efficiency provisions issued in state Energy Conservation Plans issued pursuant to the Energy Policy and Conservation Act (where the state has jurisdiction). H. OTHER REQUIREMENTS Although it is anticipated that all activities will be structured so as to return all program income generated to the County, any such income received by the City is to be returned to the County within fifteen (15) days of receipt of such funds. Program income will be tracked by the County and reserved for use by City for activities permitted under this contract. A maximum of three and one half percent (3.5%) will be available for administrative expenses on program income. The use of program income by the City shall comply with the requirements set forth at 24 CFR 570.504. 2. The City shall use best efforts to use the Consortium's Lender Leveraged Funds for NSP2 activities in its jurisdiction that are consistent with the NSP2 Requirements by the expiration date of the Agreement. Leveraged Funds are defined as the funds that the County and the Pinellas County Housing Finance Authority has committed to the Florida Suncoast Housing Partners Consortium for NSP2 activities as well as lenders banks specified in the NSP2 Grant Application. 3. The City shall not assign any interest in this Agreement or otherwise transfer interest in this Agreement without submitting said proposed transfer interest to the County and without the prior written approval of the County of the proposed interest transfer. All requirements of this Agreement shall be applicable to any subcontracts entered into under this Agreement and it shall be the City's responsibility to ensure that all requirements are included in said subcontracts and all subcontractors abide by said requirements. The City may contract with subrecipients and vendors as necessary to carry out activities defined in Section A.2. 4. The Buy American requirement prohibits use of recovery funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. HUD has defined the term "use" to mean obligation of funds as it appears in 24 C.F.R. 85.3. Thus, when a project for the construction, alteration, maintenance, or repair of a public building or public work is assisted, in whole or in part, with NSP2 funds, the Buy American requirement applies. 5. Unless a waiver has been obtained consistent with the NSP2 requirements, the City shall require each NSP2-assisted homebuyer to receive and complete at least eight hours of homebuyer counseling from a HUD-approved housing counseling agency before obtaining a mortgage loan. 6. The City shall ensure that any NSP2-assisted homebuyer obtains a mortgage loan only from an "eligible lender." For purposes of this Agreement, an "eligible lender' is a bank, savings association or savings and loan association or a lender licensed under Florida Statutes, Item # 6 7of11 Attachment number 1 Page 8 of 11 Chapter 494. The City shall document compliance with this requirement in the records for each homebuyer receiving NSP2 assistance. 7. The City shall ensure that the sale, rental, or redevelopment of Abandoned and Foreclosed- Upon homes and residential properties finance under this Agreement remain affordable to individuals or families whose incomes do not exceed the applicable income limits set by the NSP2 Program. For multi-family developments, the County will require, through deed restrictions or mortgages, that the assisted units meet the affordability requirements for not less than forty years and a maximum of fifty years, beginning after project completion. For homeownership projects, the affordability requirements must be met for a minimum of thirty years through recapturing NSP2 funds for use for another NSP2 eligible project with an NSP2 eligible client if this Agreement is still in effect. If this Agreement is no longer in effect, City will recapture NSP2 funds and submit to County within fifteen days of receipt of recaptured funds. If NSP2 funds assist a property that was previously assisted with HOME funds, but on which the affordability restrictions were terminated through foreclosure or transfer in lieu of foreclosure, the City shall require the recipient to revive the HOME affordability restrictions for the greater of the remaining period of HOME affordability or the continuing affordability requirements of NSP2. 8. No forbearance on the part of either party shall constitute a waiver of any item requiring performance by the other party hereunder. A waiver by one party of the other party's performance shall not constitute a waiver of any subsequent performance required by such other party. No waiver shall be valid unless it is in writing and signed by authorized representatives of both parties. 9. The City shall insure recognition of the role of the County in providing funding through this Agreement. In addition, the City will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement, including news releases or other types of publicity. 10. Should any section or any part of any section of this Agreement be rendered void, invalid or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 11. The County and the City identify the following individuals as their primary contacts regarding this Agreement. Either party may, from time to time, appoint another person as their contact; and when doing so, they shall notify the other party in writing: Recipient: Pinellas County Board of County Commissioners Organization: Pinellas County Community Development Name: Anthony M. Jones Title: Director Address: 600 Cleveland Street, Suite 800, Clearwater, Florida, 33755 Telephone: 727.464.8210 Fax: 727.464.8254 E-mail: aiones ainellascounty.or Item # 6 8of11 Attachment number 1 Page 9 of 11 Subrecipient: City of Clearwater Organization: Economic Development and Housing Department Name: James R. Donnelly Title: Assistant Director Address: 112 S. Osceola Avenue, Clearwater, Florida, 33756 Telephone: 727.562.4031 Fax: 727.562.4037 E-mail: Jim. Donnelly@myclearwater.com 12. The laws of the State of Florida shall govern this contract. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor William B. Horne II City Manager By: Approved as to form: Attest: Assistant City Attorney STATE OF FLORIDA ) COUNTY OF PINELLAS ) 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 9of11 Item # 6 Attachment number 1 Page 10 of 11 ATTEST: KEN BURKE, CLERK Deputy Clerk Signature Deputy Clerk Print or Type Name 10 of 11 PINELLAS COUNTY, FLORIDA a political subdivision, by and through its Board of County Commissioners By: Karen Williams Seel, Chair APPROVED AS TO FORM OFFICE OF COUNTY ATTORNEY By: Jason C. Ester Assistant County Attorney Item # 6 Attachment number 1 Page 11 of 11 Exhibit 1 Schedule February 11, 2010 HUD Award Date to Florida Suncoast Housing Partners June , 2010 Execution of Agreement October 3, 2010 Quarterly report information due to County January 3, 2011 Quarterly report information due to County April 3, 2011 Quarterly report information due to County August 11, 2011 Fifty percent (50%) of City's allocation is expended (18 months from HUD Award Date) October 3, 2011 Quarterly report information due to County November 14, 2011 Seventy five percent (75%) of City's allocation is expended (21 months from HUD Award Date) January 3, 2012 Quarterly report information due to County April 3, 2012 Quarterly report information due to County May 11, 2012 One hundred percent (100%) of City's allocation is expended (27 months from HUD Award Date) June 3, 2012 Quarterly report information due to County August 31, 2012 Final report information due to County Item # 6 11 of 11 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a standard Agreement Form to be used for various Outside Instructors for wellness initiatives and authorize the City Manager and/or his designee to execute such agreements. (consent) SUMMARY: The Human Resources Department has been authorized in the current budget year the amount of $75,000 to be used toward wellness activities. In addition, the City's medical insurance carrier for the past three years has committed additional funds to be used for wellness purposes. In the current budget year, CIGNA has committed $50,000 for such use. The City in the past has contracted with various individual instructors for a number of wellness activities. Previously, various service contracts or user agreements have been utilized to codify the contractual relationship. The City has developed a standard user agreement form to be used with all individual contractors for such purpose. The agreement clarifies the roles of the City and the contractor and provides for documentation of appropriate licensing, certifications, payment terms, scheduling, use and care of City facilities, and other administrative requirements. Staff is requesting that the Council authorize the City Manager or his designee to enter into these agreements not to exceed the total amount of City budgeted funds or medical insurance carrier committed funds to be used solely for the purpose of promoting the wellness of employees. 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 # 7 Attachment number 1 Page 1 of 11 CITY OF CLEARWATER OUTSIDE INSTRUCTOR SERVICE AGREEMENT This AGREEMENT, made and entered into this _ day of , 20_, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "CITY", and hereinafter referred to as "CONTRACTOR"; WITNESSETH 1. CITY is making this Agreement specifically with CONTRACTOR and it is intended to be a personal service agreement. 2. CONTRACTOR agrees to provide the following professional services to CITY: At the following location(s): 3. This Agreement shall be effective beginning on -,20 _ and ending on , 20 unless subsequently terminated by either party upon 14 days written notice. In addition, CITY reserves the right to cancel this Agreement without cause and upon payment in full for services rendered pursuant hereto to the date of such cancellation. 4. CONTRACTOR certifies that he/she is competent to perform the services herein described and that there are no moral, legal, or ethical reasons why he/she cannot accept and perform in accordance with the terms and conditions of this personal service agreement. CONTRACTOR further agrees that he/she will comply with all applicable City of Clearwater Ordinances. 5. CONTRACTOR further agrees that he/she is an independent contractor providing services to CITY and is not an employee of the City of Clearwater or any of its divisions and that as such CONTRACTOR is not entitled to participate in or receive any insurance, sick leave, vacation leave, pension or other benefits or protection made available to regular City of Clearwater employees. Further, CONTRACTOR certifies that he/she will represent himself/herself as being self-employed, and as being responsible for all business and personal tax liabilities and unemployment compensation insurance and Workers' Compensation insurance. Thus, no federal tax withholding or social security withholding or contributions will be made by CITY relative to payments for work performed by this independent CONTRACTOR. CONTRACTOR further agrees to maintain his/her own business books and records. 6. CONTRACTOR agrees that all services rendered by him/her pursuant hereto shall be performed in accordance with any parameters or guidelines established by CITY and to the best interest of CITY. 1 Item # 7 Attachment number 1 Page 2 of 11 7. CONTRACTOR agrees to protect, indemnify, and hold 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 CONTRACTOR, its employees or instructors in connection with or arising directly under this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, CONTRACTOR shall procure and maintain during the life of this Agreement professional liability insurance. 8. During the term of this contract, CONTRACTOR will receive compensation of $ for the services described above. Said amount shall be paid in accordance with the following schedule: Payments shall be pro-rated accordingly in the event of any service dates missed or cancelled by CONTRACTOR. 9. CITY shall pay CONTRACTOR for services in accordance with the Florida Prompt Payment Act, F.S. Secs. 255.0705-255.078. CITY, as an entity of government, is subject to the appropriation of funds by its legislative body in the amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract shall remain in effect. Upon notice that sufficient funds are not available in the subsequent fiscal years, CITY shall therefore be released of all terms and other conditions. 10. Each party hereto acknowledges that this Agreement contains all of the terms and provisions of the contractual relationship between the parties hereto and merges and terminates all prior or verbal negotiations with regard hereto. This Agreement may not be assigned by either party hereto without the prior written approval of the other party, and may only be amended by written agreement of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Witnesses: as to City Manager or Designee as to CONTRACTOR /Instructor CITY OF CLEARWATER, FLORIDA By: City Manager or Designee CONTRACTOR /Instructor 2 Item # 7 Attachment number 1 OUTSIDE INSTRUCTOR PROGRAM DESCRIPTION (FORM A) PROGRAM TITLE: LOCATION: 1. DAYS REQUESTED:_ 2. DAYS REQUESTED:_ 3. DAYS REQUESTED:_ PROGRAM START DATE: TIMES REQUESTED: TIMES REQUESTED: TIMES REQUESTED: CLASS MINIMUM- CLASS MAXIMUM- CLASS FEE: $ (PER CLASS, MONTH, SESSION) Amount that will be paid to the instructor. IF SESSIONS, LENGTH OF SESSIONS: AMOUNT OF SET UP TIME REQUIRED: PROGRAM SET UP WOULD INCLUDE (room, space needed, equupment, number of tables, chairs, etc.): EQUIPMENT AND SUPPLIES PROVIDED BY THE INSTRUCTOR: EQUIPMENT AND SUPPLIES PROVIDED BY PLEASE GIVE A BRIEF DESCRIPTION OF THE PROGRAM; AND/OR ATTACH A COURSE OUTLINE: APPLICANT'S SIGNATURE: DATE: 3 Item # 7 Attachment number 1 Page 4 of 11 Your Social Security Number is requested for the purpose of payment for services rendered, in ° Clearwater accordance with IRS statutes and applicant background checks, and in accordance with City policy, and will be used solely for this purpose." OUTSIDE INSTRUCTOR QUALIFICATIONS (FORM B) INSTRUCTOR NAME: COMPANY NAME: HOME PHONE: EMAIL: ADDRESS: (STREET) SOCIAL SECURITY #: EMERGENCY PHONE: FAX: (CITY) (STATE) OR FEDERAL ID #: PROFESSIONAL BACKGROUND AND EXPERIENCE (MAY ATTACH RESUME): (ZIP) INSTRUCTOR CERTIFICATIONS (I.E. CPR, FIST AID, PROFESSIONAL CERTIFICATIONS, ETC.): (PLEASE ATTACH COPIES OF ALL CERTIFICATIONS) LIST INSTRUCTORS YOU EMPLOY, SUB-CONTRACT, OR WORK WITH WHICH WILL BE TEACHING CLASSES OR SUBSTITUTING IN YOUR ABSENCE (PLEASE PROVIDE COPIES OF CERTIFICATIONS AND A COMPLETED COPY OF THE CITY OF CLEARWATER BACKGROUND CHECK ON EACH INSTRUCTOR AND AFFIDAVIT OF GOOD MORAL CHARACTER): NAME: PHONE: ADDRESS: NAME: PHONE: ADDRESS: PLEASE LIST TWO PROFESSIONAL REFERENCES FROM WHERE YOU HAVE PREVIOUSLY INSTRUCTED: (NAME) (BUSINESS NAME) (PHONE) (NAME) APPLICANT'S SIGNATURE: (BUSINESS NAME) DATE: (PHONE) 4 Item # 7 Attachment number 1 Page 5 of 11 OUTSIDE INSTRUCTOR S OCCUPATIONAL LICENSE FORM Outside Instructor. Classes taught or services: Location: City representative in charge of agreerrtent: Do you operate a permanent business related to the professional services in this agreerrtent? ? Yes or ? No If so, what is the location of your business? ? City of Clearwater ? Unincorporated Pinellas County ? Other Appendix A of the City Code, Section 29.30(3), requires that an Occupational License acquired by a person in another jurisdiction must be registered at a cost of $3. If the person wmrks out of a jurisdiction that does not require Occupational Licenses at all, (unincorporated Pinellas County for instance), then that party must also register with the City for a fee of $25. A copy of a Clearwater occupational license or registration must be attached to the contract prior to department approval. Instructor's Signature Date FOR DEPARTMENTAL USE ONLY: Registration Required: ? Yes or ? No City Representative Signature Date Item # 7 Attachment number 1 Page 6 of 11 City of Clearwater Policies & Procedures Outside Instructor's Manual Welcome! The City of Clearwater has designed this manual to provide guidelines for our outside instructors. It will add uniformity to our programs, and clarify procedures to be followed. Listed below are the names of City staff who should be contacted if there are any questions or concerns regarding the program or City policies and procedures: Name Title Phone Name Title Phone Name Title Phone 1. Absences/Tardiness Instructors are responsible for notifying the contact listed above any time they will be late or absent. Absences and tardiness will be monitored closely. Failure to notify the City of Clearwater staff, an unreasonable number of absences, and/or excessive tardiness will be recorded, and could result in termination of the instructor's agreement. The City will be responsible for notifying class members of the cancellation. 2. Accidents Any injury to an instructor or participant should immediately be reported to a City staff member. After administering first aid, the staff member will fill out an accident report with assistance from the instructor, and make the site supervisor aware of the accident as soon as possible. 3. Address or Name Changes Notification of any business name or address changes should be reported to the City as soon as possible. This is very important, considering your check and end of the year tax information will be mailed to the address we have on file. Do this by calling the contact above, or notifying him/her in writing. 4. Class Fees Amounts charged for classes will be determined and stated on the contract. Fees should be agreed upon by the instructor and the City. Requests to change class fees should be directed to the contact above. S. Class Reaistration The City shall provide the instructor with a registration sheet and the instructor shall maintain a registration sheet for each class and submit it to the City at the end of each week. 6 Class Schedules The City establishes class schedules with the instructor at the time the original agreement is signed. Following that time, schedule changes, additions, or deletions must be approved by the City. In the event class times or locations need to be temporarily cancelled or changed do to facility closure or conflicting City programs, the City will provide at least 14 days notice to the instructor. 6 Item # 7 Attachment number 1 Page 7 of 11 7 Supplies and Equipment It is understood that the instructor will be responsible for providing any supplies and equipment necessary for instruction of the class. However, participants may be required to bring any necessary materials or may be provided such by the City. 8. Holidays City facilities are closed during various holidays through out the year. Scheduling for classes during holiday weeks will be agreed upon in advance by the instructor and the City. 9. Serious Incidents Any serious incident occurring on City property should be reported immediately to a City staff member, and a report filed. Serious incidents include fights, illegal activities, disruptive behavior, property damage, etc. 11. Instructor's Pavments Fees for classes are payable in accordance with the schedule established in the Outside Instructor Service Agreement. Your check will be mailed to you within 2-3 working days following the date(s) established in the schedule, or you may pick up the check in person. If you do not receive your payment within that time frame, or there is a discrepancy, please notify the contact listed above. Any instructors paid over $600 per year will receive a 1099 tax statement from the City. A copy is also sent to directly to the IRS. No changes will be made once these forms are issued, so please make sure the information is correct each month. 12. Insurance All outside instructors are encouraged to carry their own liability insurance. The City of Clearwater is self-insured, and does not cover the instructor. If you do have insurance, please furnish us with a copy for your file. 13.Occupational License Any person who maintains a permanent business location or branch office within the City limits of Clearwater, for the privilege of engaging in or managing any business within its jurisdiction must acquire an Occupational License. Appendix A of the City Code, Section 29.30(3), requires that an Occupational License acquired by a person in another jurisdiction must be registered at a cost of $3. If the person works out of a jurisdiction that does not require Occupational Licenses at all, (unincorporated Pinellas County for instance), then that party must also register with the City for a fee of $25. A copy of a Clearwater occupational license or registration must be attached to the contract prior to City approval. 14. Outside Instructor's Aareement The City and each instructor or company enters into an agreement designating the instructor and/or instructor's company as an independent contractor. The agreement includes the terms and the definition of services to be rendered. Instructor's qualifications, class content and size, fees charged, occupational licenses, and background checks are all a part of the attachment to the agreement. A background check must be completed on each instructor before classes begin. Please fill these forms out completely and accurately. 7 Item # 7 Attachment number 1 Page 8 of 11 16 Professional Certifications Professional certifications in your field are strongly suggested, and in some situations, required. CPR and/or first aid certifications are also encouraged. 17 Professional Image Instructors must project a positive image for the City of Clearwater. Therefore, they should conduct themselves in a professional manner and dress appropriately for the activity. Any instructors making derogatory remarks regarding the City, staff, facilities, or other instructors will be cause for termination of their outside instructor's agreement. Instructors will also work in a cooperative manner with City staff, and understand that the facility supervisor will record any customer complaints. Instructors should arrive a few minutes early, allowing time to set up necessary equipment, and greet students as they arrive. Classes should start and end on time, and be conducted according to the schedule established by the City of Clearwater and the instructor. At the first class meeting, the following information should be given to participants if applicable: A) General regulations of the building where the class is taught, such as no smoking, etc. B) Type of shoes or clothing required for class C) Equipment or tools participants must furnish D) Equipment the City will furnish E) Time, frequency, and duration of class An instructor's aim should be: A) To acquaint themselves with each participant and find out what they wish to derive from the class B) To build self confidence in participants and instill a sense of achievement C) To maintain a comfortable friendly atmosphere during class D) To feel you have given new knowledge to each participant at the end of a session 18. Publicity The City will be responsible for the creation and distribution of promotional materials. 19. Safety Instructors should familiarize themselves with safety procedures in the facilities where their classes are held. Please pay special attention to fire escape plans, which should be posted in each room. To get EMS on a City telephone, you must dial 9-911. Also, classes should be managed with the utmost concern for safety. 21. Sales and Marketin The City must approve the marketing or promotion of any activities or merchandise outside the scope of the classes agreed upon by the City and the instructor. 22. Set up/Break down Classes City staff should be advised as to how the instructor wishes the facility to be set up most effectively for classes. Instructors and students are then responsible for clean up of lightweight equipment or materials such as exercise mats, step benches, and any other equipment used for classes. Item # 7 Attachment number 1 Page 9 of 11 23. Special Classes or Events If any instructors would like to suggest new classes or special events, please notify the contact above. We welcome new ideas. 24. Trademarks or Copyright Laws It is the instructor's responsibility to make sure they are not in violation of any copyright or trademark laws when conducting business. We look forward to working with you! Item # 7 Attachment number 1 Page 10 of 11 'Clearwater City of Clearwater Outside Instructors Acknowledgement: Re: City of Clearwater Outside Instructors Manual Acknowledgement of Receipt As an outside instructor with the City of Clearwater, I will abide by the rules and regulations governed by the instructor's agreement, and the instructor's manual provided by the City. By signing below, I acknowledge that I have received my copy of the City of Clearwater Outside Instructor's Manual. I realize it is my responsibility to review it, and understand its contents. If I have any instructors working with me, I will also review the manual with each of them, making sure they understand its contents as well. Failure to provide my services in adherence to any of the conditions and/or understandings specified in this manual, may result in the termination of my Outside Instructor's Service Agreement. Any questions or clarifications should be directed to the contacts identified by the City. Instructor's Signature Date 10 Item # 7 Attachment number 1 Page 11 of 11 Release Form for Consumer Reports As a routine part of our due diligence effort, the City of Clearwater, Florida, intends to conduct a verification of your background. To insure full compliance with the Fair Credit Reporting Act and to facilitate easy access to all information necessary, please read and sign this form. I authorize all persons and entities (including but not limited to business, corporations, former supervisors, credit agencies, governmental agencies, law enforcement authorities, educational institutions, and all military services) to release all written and verbal information about me to the City of Clearwater, Florida. I release and agree to hold each harmless from all liability and responsibility for doing so. I understand and authorize the procurement of an investigative consumer credit report and understand that in all likelihood it will contain information about my background, mode of living, character, general reputation, and personal characteristics. I further understand that I have the right to make a request of the agency performing the background checks, upon proper identification and payment of any authorized fees, for the information in its files concerning my report. Home Address: City, State, Zip Code: Phone Number: Social Security Number: Drivers License State: Number: College Institution: Location of College/City, State: Professional License - Type/State: For Identification Purposes Date of Birth (MM/DD/YEAR): Race: Gender: Year Graduated: Signature of Applicant or Employee Date Note: your social security number is requested for the purpose of payroll eligibility verification, processing employment benefits, applicant and employee background checks, and income reporting, and will be used solely for those purposes. 11 Item # 7 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 6/17/2010 Approve the Tampa Bay Regional Domestic Security Task Force (RDSTF) Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding (2010-2012)and authorize the appropriate officials to execute same. (consent) SUMMARY: The Tampa Bay RDSTF Investigations and Intelligence Squad begins an eighth year of coordination between investigators in the eight counties served by the Tampa Bay RDSTF. Sworn investigators from the Hillsborough, Pasco, Pinellas and Polk County Sheriff's Offices, Clearwater, St. Petersburg and Tampa Police Departments, Florida Division of Alcoholic Beverages and Tobacco and FDLE work together on domestic security issues that impact the communities served by the Tampa Bay RDSTF. Beginning in the Spring of 2007, the Tampa Bay RDSTF moved to the new Federal Bureau of Investigations Building in Tampa. This move created a co-location that has strengthened the ability of the Tampa Bay RDSTF to more efficiently respond to domestic security issues that face the Region. The FDLE continues to provide Task Force Agents with credentials that allow them to travel outside of their jurisdictions to follow-up on investigative leads and to monitor special events. These efforts have resulted in the resolution of hundreds of investigative leads and a number of criminal cases. It is the intent of this agreement to assure the continued functioning of law enforcement in times of emergencies and for routine enforcement contemplated by this Agreement and in areas where major law enforcement efforts would otherwise be thwarted by jurisdictional barriers. The FDLE must maintain a Mutual Aid Agreement and Memorandum of Understanding to facilitate the continuation of the RDSTF Investigations and Intelligence Squad. 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) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 & 12 TAD'illf-1--l? BAY Y DOMESTIC S ACC ` Y 'B'ASK FORCE c() Fl"f';i,.w i .V ,f' it! _ . 2V In __ 2012" u n GI AZ r a C(9wc__-.._ I _. ; .L.'rw 1_H1: _ 10=1 AM SUt Ah l ia", L ?11I i_. ?41? R `i ]'P-it7'Lran€e WwAr respeAve WIC =._7 .a 1 arth, In this Agreement FIorfd . r .. ni Poll. Pa.,_i X11°eri` Cl -,. I1 "i 21" A ,1?_, ? ?_. ItfFT d ( o - c 1 i 1 1.. _. _ NO SOT, h 1h f .,;rr_- _-curiv, '1 ?_: Tyrgiond ..y ras co ?i? the revio - - - n of FIVE and K" in w= Z of 10 - 4 r ?g C,i... stTecrt p w? 114:- ;5 S,Ai wi I.??... _ ?.?.. .- "_ .,....- -. .,. -'1K- yj„1p,}u c ` 1. 1 _2._ J )1-.' R) t'. of Law En , _ p AST Alkha _ ?. 1 32301 Intel .. ;? onme o 'rusk, ores, an Provisions for V t ?? „ L L; rs_ 1' .( l'' T _`5'_ _ al Bay Ui"a, -. I' 2, f"C)I. -1 _ nIW1i _. hie terms "Aer wi "?1f and -ie rror . .1,11.1 W construct .!?snsi5w1. , 6. ':Pi n wit AS 111 vw --7130. 1"1 r.:'S.. Item # 8 Attachment number 1 Page 2 & 12 ". 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AMT tO W. approprtaw civ , ii _. ii II ..''.l _ n Crinlilla] ?._.- ja i . 1_',,-, to, terrorisni in - Florida, 5. The TO Y& ?nc _'rli3rLCYn4i s .- _ C) ; . ated 111 ' I.. ' ,,r i', Ac it each to i"'U _ . :10 _ _Lw j ,-:tutti'al ._43 I _ , s nl O O -i% YJ resources to Acq;.,-py , _,,,. nd to: it. C - u°I%clicttional crin-iinaf ;I? as it) Ir 'p`ct the public p?ace C_ c_ w On lives and tat' Terty I L 1'_ fit .'.L. .. wit b. in!_I.-• ?I:,. but n0l tO3 ur 21. t_• 252.-',4. Florida Statutes'. tr. TO iinw _ ' aywnA. have 1,s"1e authorni t.lw._-. IN p. C.-;il or '13florida ?t'1lIiI', Ji- ['-Ic"'A'? L 71_,?_. _`Z AW to wc" ono . A & nv n uZ Ad t 1; , ' t L .l %I,.11.? ., I It .i r}y'q y+ ?• __,? _. -!? All ?l L_?1L1? -.- _ 1 ?i?_?l ?. _! II.1i ]11 ?. _J -a`r? di. ,s J ? fi'.I •1 f x. t r ? ?.. 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Ili_!•_??i i_ _1_.__ ?_?R vI iilmng tenor:L'n-1 P". .. ;,- a -,:? ;s t effOl'T - _. 1IeCf ltit•, _ _.t il'_'rtfencies. taro: .n 0 [so 1._ _ ri -. A :1rin t11111.'.-.'1 LACLU: a' J11(] -' Item # 8 Attachment number 1 Page 4 & 12 9. The .E.''t Ll S,l`1' ?' ?11 promote tl-.c 1 ,ponstlt:'1,,' sh-LrinL, o' ?.1 mi-1e'r?,3'risrn and invest .0 1r , ._L_1L1'C''s ":11`1 . _ ': 1 h1now :'th W .-al terrorism task rces as b'i'll , z ' . I) : i ;_ k1L ltl. "Yh DS 1 F Wll cop_,,. ka, with, Public 1iealt11 ?oMhir? c1 criminal anon, ill's c ;'.iE )I1s. 11. The FDS l ' ._ -i we "]'.h O qMewide -whk?nkzv ?n.'; la hi , ? Jk `'. Nothin 1?.?? otherwise limit Te ME of pa 7i_ 'ukup RDS? ?,u,.I.t. ys i provide. as Kv ' w allowed by W. _Wh . II',i,,? d 1 in of the 1'. an_. Pucedure for . est rig tt t I Authorizing F ssist cce { j:`lli I"fi ;) 1 1 l'l' C1pCI'.tl€.7r1S 1 u?'tidal 1:` 'YS'. _. i : it he 0111 (,)NVt.'rcd to rands i;;" q,: ':ia:a assisCallc _ and take etltc}F"C'. 11`+WnI 1. ?-ittl the ei11?` and r _, this A._ ,_, iant. 1..xec,tnion W N_ n._? 'hnued, .".k 7-1 _ii_; u, or 311€ve RD S11 w l'w a rc post ix and <<kl"i, - i:,.._ Q _wiK I"S t9 ir1' ,.: n . jo 1-x'1 k ' 11 ` C )17StiZf 3'i d .Il'l: e,: 1:. the 400moos of W ? i? I1??F11 plc;' wiauonal or sp ci:iw iornia1 2'-1'a c .t. 1, W ;Minch . in 1 . I?P. , .kal1 b tt;L 1 rlI_, cj_ional Of' as that ?to j urisci n. .... y SO _ - i Q! #Wisclic tional I?w,l orit y . ? ()$ cuscd ?Aithin th to t,_ll 1_ ?- r)O wVer HBO l„ ? I . n. Y l l th 11 , _ . _ , € f the proMon! of ... K-_ . m w n, 2. R PSI _ _ de the Qisdic r tll ?kl,?sc n-! Yq'n t; nIJrc..cFp1c'lt ]_ A--a LdFAW., ?.. . ?. ?,_.?... The ParW! Yl' . . tik •. v..1„nd . Q W P: i.9f4d,(gnal ..Ue.:3+[)F"1 [)(."v wj,,.. ?T]`,.. agency is b' ,?..,`-on K Ishiss AgF""a t and the ils, 111 s$1pen Wo n €1'?'d aIIt" k'. 4 Item # 8 Attachment number 1 Page 5 & 12 7@ T tb 110:-, _in De artnlent of 4rp- I':nhir'ecrpcnt u moires h; AL "FlrrrAn 3, W, Pat ?? -,1 21125 1 F • .,_. Son 1r__ . desiunwed _ nNovIc.es i Qe S ' ,'.il,. L A'_ , p u l adram . 's111U the em p! qn. --.`1L, _ in 4`!''_ „ . « ?-. Activities s1r£rl lie considered rrr?thrrrt-°u only nc. as ext r sW7 °SMti n w- arrttrtrri f K 2rar tied b A rt_ a mm Q- lam enfor. ... ?t-_.. idvw [drlins they are ppr"Inved as pr'EiWal ho rv± and uy! ,, related I n, lWKEF or3wNtiow or have been f'rar<ountur d tlf.""E'Mb !E,eA T i in an €rpprovec w n sup nloo RD Td` operv`ion &.H wi1wanuo V vuwh ` F irso Xl+".r.eI. Frrrrn aw- I' - V upwrath"i one under th, arr; trri ?!L" not, hrrwever-, 1 o y L he ,,rrss .°.-., and r,.ttf+wU o Atrs.° f wr`r_ ip:,'ting in said lrr€rv & --<<L'A :Gas provided by tiri4 5. 11 P1l _j'.i t1neG"'"i FDL ?IEIci 1 1 't t desiL,n tee _._ _- M Iles that rrn t .... r? _ ..,i_ RDSII- ? I. 9 _ , war on is to, he promp 1 t,`.. 1 • slatted 1,11 a f rll i ivolv _l' la er lor-cenient officers, 6. Ilse 10I l 1 a &N ri&nwr- a C_nEWM ..i in ..w ow- ,.-a_. the daily hersonn '. i?ti"lj .1'I ?lI'1i ?I- '_._` I ... the . _ P such rr: °,;.i _ . GA R _)S'I I= 1 I.?..I.l. IS .SUl,-e ,, r n1eG11t.+e j _ !:, ? X11! :rr Iy,DS F vlalw chcAlt.A ?n_ aw M:}: ?- ?._..?j? wrz to tba_ . WE ?'?:1??"i k .?tirn~v?r???;•_. .. °, ?.b, ?r?? -- ??? 9 q If ?• - W._. . ' :Iween all • ..ie-r" or direw.1 n prC.wided 01- V _T-,hl° supu ,. 7_'. '• i! Tl _ _.. :1_ (l ,,`•I Gtli.'.. - I' 5. t1F T7.7ir I 1._i'.w' 21 tC' tl sl.r )err(r" 7' t )er."1SOt. rr'1 tlrr, ...t'.. resolve the conflict in . ?? .. ?.. xill q-riaiely. A,, ric, tirn_ „°mher'_. 'i9tILlisrlerL"vi w_.1 fspoli:iesow•,_ ILSSIf r1,r-, t_ ,? L g _ .G?q ?? h th auproval of I'M a _1'•)' . 1; iuN {tni }r vents c? to ' i• - t t hl,slt par-ficulr.-, = iiGAnes. poliA ,n . _ An. v he rrtr?rr- i. the RD-ShF ..1= r.y Dir, RDA 1 171 til EGC>Ser1C_ _'1 _?LIi?i'_1171 of .ll- ?"11ii?1:7? Via` lmd'- 1'_.-- that I-Wc 01- ;II ilicies and btix tr . . Item # 8 Attachment number 1 Page 6 & 12 IAS I :1I_. 0r_ is r a r _ knable FDLE poIicies and 1-._ _,:1._ .,I' 1-,:d I be LF?_ Counrn? above, n ?r I a-Qc.ILIIrc..C. to', Ii.. '_ ?... ? n1v1lnub. 1_ 1_'.711. s ,.D1',lt n i `1 os swrid rds tl;t _ i'1 r'.11. s . _ II i'at nlcI1aI-!ens. F•DLF'. 11-. _I-1 ICI? . I I? _ _ ??"s L F?L)r?"s???I` no I A _ 5 ?. 1 ' a -"3 I'cCR1QS1, th" GIII',-'i in l R:I SJT. _'1, ,. - particip aiin4 Mell1bCII tah I=DLI' 11" 11 1.' in t11c f i-'l I il7tCrCSt t, RA d r alwX ?InI.1 " 'I1 All &W l0q, '"itll tl1C 'II)P3- _a1 0" Ll- , Ii -c instate. ?r 1 1„_ _ han , VOrn or , itrtlc;ip tiny in 7.,'_ I,. )?°T F 10. doth:n_' rr ' cl?_ otheI's1I,s II111it 111 tLII`I?cS Ct]c1n IAj-CI '' IItYII11caF1S` 1_':I b an ? 11,E :k a n:1°1'I11blor of the C',n'Iplal Lll_' ,O V 11. "F'11 ? I7 ?' ?,=SariI1F?? c r)m hl_'_? 1L r tlLilrc?. 1 u_ z?1t???? ' t F F ?.. Qr RD I. = Ia1 CU lice _I- . t1.,j Ecrra?I"? _,, . or IncalvIdU111';- stecring L X 4 shall p i i1_5 x a ininirm _ . ."I?V and d {rli' _ 11 I tl:lc' f', pS 11- and issue Uk1`. _,iives and _ accord " 12. F ??1?. 1 .n ??al' ?.? rarl?llt ?1_. rr?rsll.l . , ? ? ? Ia1 '.ll_ 11 _7 II'.. !?il''" tile Ii' 1.1 ... _" . thl'_ L7 I ac.cepi ance L 11._ [ .... I F shall I'C , I Cmi inittec. rccluint, propos-,r! and Gat1i, ?_u1( d? or alillc r tIIiic ttion. as n C sT._ 13, Ih. T KAI -1, Ylu. Yh1?_ '' OIL i'.. W II '?_? L llnrl'._P_c3 ..1? A ,_ dr 17. ??_ _-L. _._??; _!.`.. ";. :1lttt1i a Iii 1-1:1_? SULICILIIT: 01 14. DU AM= T..._ , _ `)LE t11e n1l7el, _ .. . t ."1 °1Ia ?. cIti . be 1_ o_ A LS _. _ __t _ 2-I?WT I Pl, tk'. ?In? iL, 71?h1 RDA G S _..?, `' Item # 8 Attachment number 1 Page 7 & 12 le ??t7£ Liability- .,1d, _es o ... I7 ."tIC patio wk , _, e1CtLIi1 h g 17 m ual lil,:li jLI' C ILL1dJ ai 111111 ;id e Il _ un:-:?,. pLkrs-uL1111 to 1IIIrnu 1e 411_ 2, Ar ThiS _:-j j jn I'..... P 11 nn,. >[ Of A L. ??-11'_°131 and Ililz'si P ?. _ uI. 21 I3 th R )` `" ..11tiad es pLIISL111111 N 111'' I _'I.._IlL ?..r;:r?r,.:I _ ,i„ii' the acts, ?,.II , '2sponsPbb iu- Ll_ .. ?, u rcll'i Ih?;5'. oLiiL accruing to Liar { partk:i l s .?'44 zr.'&,ww.E _ On1; e Mon. `, T A I'fIny , _'K _,. _111 ?_ o [f[.'p. I;.., d:z"y I?ers(mine _ WC I?"OIice W +.d pj-nL`tl',, _'.I..'. '. _1]C ,' I' [7 :2j in C}q't UY 1, , _ l I _ _ - 111c I'-I17[XYSCS ,r' agrees 1C w . m _ . v Pi loss du, n. i '.. 41 . mn :1,,L4 . Wo pro 'i hI.) rl _ . __11 . __ I :L'. L. I i. 1"i'.. OI,_. 1_ _. 0101 C, OIL KT _, ', "....Jl_ ?. [ I_. 'LV j t?IlIei - t7%'C117:._ n?'. , .: or LjCd'.._. 11ya=`4' t9I`ti":"1 m ,Iin sCrviccs. pursuant _.. ??.. Qreenlen "A "I m i.. .:. eniP __ --i' L the lltl, , . h services Titr 1 z1IICI SLI, Servio'L '7- C . Ti1_ I'-;:1 I1`1'.°nll1 1 ,.Ios 1T-o US ..... .-tIc : A1' law. rdilYttl CC I anc 'L jC Item # 8 Attachment number 1 Page 8 & 12 S, C5, Whii "i:,I'C..,11, A ! VIC m n day pa.I' 'aliq _ 'in An i'., l.. ,,. ?itl'??"'11G:,' -ictUal c }I" ixp. 1- .L!ned by 14 77 lj, -,,..:I.k17dci 9. Not lY7iu _.;1_wnt 14 tiBt_'-._ is to be c_ 1., as any L n , '.: oq' conka I11_ a. powan o . ?.. P o d.>ne part' L? 1.'!`: :I'• ?_1P,t i ; ti J'?S x' tl'iay I`Lilt}ninlt ' ?'- "'. various, Aso!,: `e d4'dli;`c11 `.. `,i. i• b.dt it _'Id ! di?l IT, :11N- iL111C I J11. E,:: . Ian, Murls r, lie PartiwK `7. all RDS _ z id records NO] be [1l and shall '., ??, II7t?` _ and m the _Jd '__ 17, al-ll Ei <P i 7. lie F! St;fl;r;Ur ai,_3 1 IL ;:'1 _ i... i_ ,1 i petty. or cash of ii 4)T1akol'-. ?tee P'.-; Tj in rw well i.3C. dh C' _. a Q - WSW m d11cui-rienis 11 -,iwnz: mid W.1 C1 _1" p :w_Agria §h „>.7di1 t . } c: p :~ rl IN a eF I3 h r result _. °? A i C3It of the . . ?'. I_'lt o 10 0 pYn; A W! n .lll al a 1007, 1: IE1i . _ about: and 5 Item it 8 Attachment number 1 Page 9 & 12 . I"1,_ ,.._..: the RDS.I_F pwic:ipa t(s) accused and the ornipil 2. Dl . pr a . - the Am .1I?:._:r.??? ,..?.... h,1 ;1_r . .,, •.-z_'!icl:t Each .. __'L?_z _.y ? i n_. L p. it ??l,-1?''., hi a .., ?`". nw AT E N As lias?.a i1'lr?,a 1. _ P . U As RI'AF is the jai wz!L .. m p,i h il- ?, and al;-1 1'_ in such a ?ti ? I'?1?7ItC the cli-i4ien'. ,',ut no,1 f1m11.c'i l ._L 1 iLC'!i:, assknm l:, ,._ 11. USA F- gw _nd `. ,:1j _ ? r ?'?r1 kl -ii v LC7T1€ ?I .? 1tLlr disc it1.; ". 2. CAN or ndu-hj i.1m, ,.21k''11'- An- ,i from receive =J i IV 1 10 Inn Ih :. °sll rI}.. ! 211_llre by a n1ernb?2 I,. I I°ou,]Ir_ ill ij1C i1`1a11r:usc '.?-M W44 iki? -)r re -ioval frui--, Ail- (, n Tern-i of Agreement 1. leis Avwwm_' Ad . _AO.a' K w ._ tip Ne e xem6no f'am , won CIxuClam) h " 1 nI r?'al 1zll in : u _ _ L EL-', 7t11It1 PUTI&S LMAI i i _ ?.. _...t_ ?.1. _ h.! ''s . _ ?....- Force i1n: w_ wy as K. k '. Item # 8 Attachment number 1 Page 10 of 12 E S he date st i E Tl s Aceepft of .ic =F all ipa Ba DofR estie sE 4"uri""a r 'r J Force 16:' ,' h• t fig,-q ,'@wltarv Ceroperatloi.E iZlaCi Operational A ,Lst?`,,Li tWual of l.itti_At'[e,n!,` L? (2010-2012) 1• L«? J1 3 aaw hn SrL'.':,1C11 Item # 8 Attachment number 1 Page 11 of 12 Party's Acceptance of the Tampa Ray -Regional Domestic Security Task Force [RDSTF] Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding (2010-2012) Pursuant to F. S. 211225(3), this agreement may be entered into by a sheriff, a mayor or chief executive officer of a municipality or county on behalf of a law enforcement agency, if authorized by the governing body of the municipality or county. By signing below, an indication of such authorization is being made. Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FILE along with this signature page.. I hereby acknowledge that I have been authorized by the governing body of the municipality to enter into this Agreement on behalf of the Clearwater Police Department. Signature Print or Type [-i rri Title: (Mayor l Chief Executive Officer, to wit: Date: Date'. d „ p } Item # 8 Attachment number 1 Page 12 of 12 Signature Page - Tampa Bay Regional Domestic Security Task Farce (RDSTF) Mutual Aid Agreement and Memorandum of Understanding (2010-2012) Countersigned: CITY OF CLEARWATER, FLORID By= Frank V. Hibbard William B. Herne Il Mayer City Tanager Approved a to term: Attest: Rooert J. 5urette Cynthia E. oudeau Assistant City Attc;, ney City Clerk 12 Item # 8 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater Police Department and the Florida Department of Transportation (DOT) to perform educational activities and enforcement of pedestrian regulations at locations on or near state routes identified as having a high frequency of pedestrian-related crashes. (consent) SUMMARY: The Tampa-St Petersburg-Clearwater metropolitan area currently experiences a pedestrian-related traffic crash fatality rate of 2.94 per 100,000 residents. This rate is almost twice the national average of 1.57. The Tampa-St Petersburg-Clearwater metropolitan area is identified as one of the second most dangerous areas for pedestrians, with the Orlando-Kissimmee area being listed as first. The environmental conditions for the Tampa-St Petersburg-Clearwater area likely contribute to the high statistics. When compared against other areas nationally, the weather in the Tampa-St Petersburg-Clearwater area allows for higher levels of pedestrian travel year round. That fact may mitigate the comparison to other areas but still further justifies additional attention to pedestrian safety. The FDOT has developed a Pedestrian Safety Action Plan for all of Pinellas County and has received a grant from the National Highway Traffic Safety Administration (NHTSA) to support the implementation of that plan. The plan will conduct enhancements to traffic control devices and support education efforts. The plan will also include enhanced enforcement of traffic violations associated with pedestrian issues. To accomplish the enforcement portion of the plan, FDOT proposes to pay various law enforcement agencies in the Pinellas- Pasco-Hillsborough area for enhanced enforcement of pedestrian-related traffic laws. The enhanced enforcement cannot be used to supplant current operations. FDOT has budgeted $50,000 to hire Clearwater officers to perform enforcement in the City of Clearwater. An analysis of traffic crash data from 2006 to the present has identified six general areas that justify enhanced pedestrian enforcement. Those areas are as follows: 2800 block Gulf to Bay Boulevard (SR 60) 2100-2300 block of Gulf to Bay Boulevard (SR 60) 1700-1900 block of Gulf to Bay Boulevard (SR 60) 1300 block of Cleveland Street 2900 block of State Route 580 400-800 block Missouri Avenue To execute this project, the officers of the Clearwater Police Department will perform approximately 6 details a month for a period of 9 months. Additional or fewer details may be scheduled as necessary and within the FDOT fiscal allocation. There will be no impact on the Police Department operating budget. The activity report will be forwarded to the Special Operations Section Commander to be included with the invoicCover nt tooFDOT for payment. Item # 9 Although pedestrian crashes make up a small number of overall traffic crashes, they result in a large percentage of traffic-related fatalities in the City of Clearwater. This enforcement campaign will improve pedestrian safety by providing focused enforcement at problem areas. Enforcement will be approached from two angles: (1) drivers who violate traffic laws designed to protect pedestrians and (2) pedestrians who violate pedestrian laws exposing themselves to danger. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 28 STATE OF < [i?, .. i ..? I Mi NT OF TRANSPORTATION ! ; 3 STANDARD WRITTEN AGREEMENT PROGUI ,t` ',T-C 7 '-; j-r 1 tii 7 Agreement No.. BDP9 Financial Project I.D.: 428324-1-52-01 F.E.I.D. No: F96999239-992 Procurement No.: ESC-DOT-09/10-7937DB D.M.S. Catalog Class No.: 7855-3r 'i ,1 i , ' 19 BY THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORI0 ` DEPARTMENT OF TRANSPORTATION, hereinafter called the' Department" and City o` Clearwater Of ',4.? Pierce Street Clear:^ afar, Florida, 33756 duly authorized to conduct a in.ess in the State of Florida, hereinafter called' "Vendor," hereby agree a follows: SFRVICFS AND PERFORMANCE A. In connection with the Pedestrian Safety Enforcement Campaign the Department does hereby, retain the Vendor to furnish certain services, information, and items as des ;ribad In Exhibit "A, attached hereto and made a park hereof. B. Before making any additions or deletions to the work described in this Agreement and before .ir lerfar irg any changes or revisions to such work, the parties shall negotiate any necessary cost changes j ,id shall enter into are Amendment covering such work and compensation. Reference herein to this Agreement shall include any amendments}, C. All tracings, plans, specifications, maps, computer files, and reports prepared or obtained under this Agreement, as well as all data collected, tojether with summaries and charts osrived therefrom, shall be the exclusive property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. Thy 'Vendor shall nct cop?,rright any material and products or patent any invention developer: under this Agreement. The Department shall have the right to visit the site for inspection of the work and the products of the Vendor at any time. D. All fina4 plans dccurilents, reports, studies, and other data prepared by the Vendor shall boar the professional's seal signature, in accordance with the applicable Florida Statutes, Administrati e Pules p crruig.ated by the Department of Business and Professional Regulation, and guidelines puiDhsined t:y the [.epartment, in effect at the time of execution of this Agreement In the event that changes in the statutes or rules create a conflict with the requirements of published guidelines, requirements of the stat`.Kes and rules shall take precedence. E. The Vendor agrees to provide project schedule progress reports in a format icceptahle to the Department and at intr:ls established by the Department. The Department shall be entitied at ail times to b advised, at its request„ as to the status of work being done by the Vendor and of the details therecf. Coordination shall be maintained by the V'end'or with representatives of the Department, or of other agrrocs interested in the project on behalf of the Department. Either party to this Agreement n.a f request and be granted a conference. F. All services shall be performed by the Vendor to the satisfaction of the Director who shall decide all q u :itions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution and fua fillment of the services hereunder and the character, quality, amount of value thereof; and the decision upon all claims, questions, and disputes shall be final and Finding upon the parties hereto. Adjustments of compensation and contract time because of an major changes in the work that may become necessary or desirable as the work progresses shall be Subject to n-ILIt lal agreement of the parties, and amendment(s) shall be entered into by the parties Iri accordance herewith. Reference h.ereln to the Director shall mean the Director of nsportation Operations Item # 9 Attachment number 1 Page 2 of 28 2. TEF ;r,,I A. Initial Term. This Agreement shall begin on date of execution and shall remain in full force are efreot through completion cf all services required or five (5) years , 1hichever occurs first. Subsequent to the execution of this Agreement by both parties, the services to be renalered by the Vendor shall commence and he c+;rnpleted in accordance with the option selected below. (Select box and indicat-- date(s) as appropriate): Services shall' commence and shall be completed by or date of termination, whichever occurs first. Services shall commence upon written notice from the Department°s Contract 112rlager and shall be completed by or date of termination, wh chever occurs first. * Other: See Exhibit "A S. RENEWALS (Select appropriate box): This Agrc ament may not be renewed. This Agr-ernent maybe renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENSIONS. In the event that circumstances arise which mare performance by the Vendor impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of this Agreement. Extension cr t'.iii:s Agreement sh7sil be in iting for period not to exceed six (6) months and shall be subject to the same to rps and cord .'ions set forth in this Agreement; provided the Department may, in its discretion, grr ?t a proportional increase in the total dollar amount based on the method and rate established herein There sha I be only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agrcement is due to events beyond the control of the Vendor. It shall be the responsibility of the Vendor to ensure at all times that sufficient time remains in the Proic ct Schedule v,ithin which to complete services on the project. In the event there have been delays which would affect the project completion date, the Vendor shall submit a vvritten request to the Department which identifies the reason(s) for the delay and the amount o time related to each reason. The Departmen1 shall review the request and make a determination as to granting all or part of the requested extension. COM;,PEt4 ATION AND PAYMENT A. Pav mast shall be made only after receipt and approval of goods and services unless advance payments are arathcri-ecl by the Chief Financial Officer of the State of Florida under Section 215.422(14), Florida StattHes. S. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. C. Sills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. D. The bills for any travel expenses, °,vhien authorized by terms of this Agreement and by the Departmcnt's Project Manager, shall be subrnitted in accordance with Section 112.011, Florida Statutes, and Chapter - Travel„ Department's Disbursement Operations Manual, 350-030-400. E. Ven ors sr) a+iding goods and services to the Department should be aware of the follati,, ing time frames. Upon receilx, the Department has five (5) working days to inspect and approve the goods and se .r„_es, unless other , ise specified herein. The Department has twenty (20) days to deliver a request for pa` gent (voucher) t the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. Item # 9 Attachment number 1 Page 3 of 28 PROGUREMLM Page f .7 F. If a payment is not available within forty (40) days, a separate nterost penalty as established ptrsuant to Section 215.422, Florida. Statutes, shall be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar shall not be enforced unless the Vendor requests payment. ln,roices which have to be returned to a Vendor because of Vendor preparation errors shall result in a delay in the payment.. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. G. The State of Florida, through the Department of Management Services, has instituted 1y,rforidaM irket7laco„ a state,,%, de eProcurem7ent system. Pursuant to Section 287.657(23), Florida Statutes, all pa°yrrnents shall be assessed a transaction fee of one percent (1 %), which the Vendor shall pay ;o the State For payments within the State accounting system (FLI IlR or its successor), the trarisauticri ?.s shall, ?,vhen passible, be automatically deducted from payments to the Vendor. If autos atic Jeductloin is not possible, the Vendor shall pay the transaction fee pursuant to Mule 6OA-1.031 (2), FloridG Administrative Ccde. By submission of these reports and corresponding payments, Vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee, The Vender shall receive a credit for any transaction foe paid by the Vendor for the purchase of any Itern(s) if such item(s) are returned to the Vendor through no fault, act, or omission of the Vendor. Notwithsta,iding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declinec, due to the Vendor's failure to perform or comply with specifications or requirements of the Agreemen'_. Failure to comply with these requirements shall constitute grounds for declaring the Vendor in default aid recovering reprocurement costs from the Vendor in addition to all outstanding fees. VENDORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURL BUSINESS',11TH THE STATE. H A vendor or ibudsman has been established v,oithin the Department of Financial Services. The duties, of this individa,al include acting as an advocate for vendors when may be experiencing problems in olptaining timely payrr -nt(Sj from a state agency. The Vendor Ombudsman may be contacted at (856) 413-5516 or by calling the Consumer Hotline, 877-693-5236. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies cf t'lese documents and records shall be furnished to the Department upon request. Records of coasts incurred shall include the' ardor's general ac;( ,inting records and the project records, together with supil documents and records of the Vendor ai d all subcontractors performing work on the project, and all other records of the Vendor and subcontractors considered necessary by the Department for a proper audit of project costs. The D parl-me r,.t, 6 _iring any fiscal year, shall not expend money, incur any liability, or enter into any contract g rhi ;l-, ley its terms„ involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year, Any contract, verbal or written, made in vin-lation of this subsection is null and void, and no money -tray be paid on such contract. The Department shad require a statement from the comptroller of the Department that fonds are available prior to entering irate u,ny such contract or other binding commitment of fords. Nothing herein contained shall prevent the rrma king Of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. . II?IC MNITY Alil PAYC,tENT_FOR CLA,I_ A. INDEMNITY: To the extent permitted by Florida Law, the Vendor shall indemnify and hold harmless the Department, its officers and employees from liabilities, damages, losses, and costs including, k,,r_ r of limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional! wrongful misconduct of the Vendor and persons employed or utilized by the Vendor in the performance of this Agreement. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a suit for personal. injuries or property damage pursuant to the terms or provisions of this Agreement. FA"r'MENT FOR CLAIMS; The Vendor guaranties the payment of all just claims for ;Taaterials, supplies, tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the "~greement. The Department's final acceptance and payment does not release the Vcndcr's bond until all such claims are paid or released. Item # 9 Attachment number 1 Page 4 of 28 '.75-C,.; 0-19 PROCUREN F NT Page 4 7 B. LIABILITY INSURANCE. (Select and complete as appropriate): No gener l Iiabiljty insurance is required. The Vendor shall carry and keep in force during the terra of this Agreement, a general liability insurance policy or policies vJth a company or companies authorized to do business in Florida, affording public liability insurance with a combined bodily injury limits of at least per person and each occurrence, and property damage insurance of at least each occurrence, for the services to be rendered in accordance with this Agreement. The Vendor shall have and maintain during the term of this Agreement, a professional liability insurance policy or policies or an irrevocable letter of credit established pursuant to Chapter 675 Section 337.106, Florida Statutes, with a company or companies authorized to do bus riess 11 -1 State of Florida,. affording liability coverage for the professional services to be rendered in with this Agreement in the amount of C. WORKERS' COMPENSATION, The Vendor shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Wcri;ers' Compensation Law. D. PERFORMANCE AND PAYNIFNT BOND.. (Select as appropriate): No Bond is required. 0 Prior to commencement of any services pursuant to this Agreement and at all times during the term hereof, including renewals and extensions, the "Vendor will supply to the Department ano I<:eep in force a bond provided by a surety authorized to do business in the State of Florida, pviable to the Department and conditioned for the prompt, faithful, and efficient performance of this Ag rcument according to the terms and conditions hereof and within the time periods specified herein; and for the prompt payment of all persons furnishing labor, materials, equipment, and supplies therefor. E. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, al such policies shall be issued by companies licensed to do business in the State of Florida. The Vendcr shall provide to the Department certificates shrv ir,g the required coverage to be in effect and showing the Department to be an additional certificate bolder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department. . +CONI`-ILIANCE WITH LAWS, A. The Vendor shall allow public access to all documents, pagers, letters, or other material subject to the prokisiors c: Chapter 119, Florida. Statutes, and made or received by the Vendor in conjunction with this Agreemen':, Failure by the Vendor to grant such public access shall be grounds for immed ate unilateral cancellation of this Agreement by the Department. B. The Vendor agrees that it shall make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclcscd any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the pariod of the Agreement, without first notifying the Department's Contract T?,tanager and securing prior ^e ritt?n consent. The Vendor also agrees that it shall not publish, copyright, or patent any of the data developed under this Agreement, it eyeing understood that such data or ?rformation are works made for hire and the property of the Department. C. The Vendor shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex„ national origin, age; or disability in the performance of work under this Agreement. D. If the Vendor is licensed by the Department of Business and Professional Regulation to perform the services herein contracted, then Section 337.162, Florida Statutes, applies as follows: (1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint regarding the violations to the Department of Business and Professional Regulation. The complaint shall be confidential. Item # 9 Attachment number 1 Page 5 of 28 375-D-aG19 1 "a c1' (2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of the person's employment, has knowledge to believe that any person has violated the provisions of state professaunaf licensing laws or rules shall submit a compla tit regarding the violations to the Department of Business and Professional Regulation. Fai€ure to submit a complaint about the Viol wions may be grounds for disciplinary action pursuant to Chapter 455, Florida Statutes, and the state licensing law applicable to that licensee. The complaint shall be ccrfidential. (3) Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt from Section 11 9.07(1), Florida Statutes, pursuant to Chapter 455, Florida Statutes„ and applicable state law. F. The 'v'endor covenants and agrees that it and its employees and agents shall be bound by the standards of conduct provided in applicable law and applicable rules of the Board of Business and Professional Regulation as they relate to work performed under this Agreement. The Vender ;urtner covenants and agrees that when a former state employee is employed by the Vendor, the Vendor scull require tha; strict adherence by the forger state employee to Sections 112.313 and 112.3185, Florida statutes, is a condition of employ rnent for said former state employee. These statutes will by reference be made a part of this Agreement 4s though set forth in full. The Vendor agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement. F. A person or affiliate w%,ho has been placed on the convicted vendor list fc€Io,,Ping a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the coast+-uction or repair of a public build rig or public work, may not submit bids, proposals, or replies on leases f -eal property tc n public entity, may not be awarded or perform work as a ccntracter, suyi;lier, subcorrtr c. r, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 237,017, Florida Statutes, for CATEGORY C for a period of thirty-six (35) months fallowing the date of being placed on the convicted vendor list. C. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contact with a public entity for the construcfion or repair of a public building or public work, may not sul? pit Kids, proposals, or replies on leases of real property to a public entity, may not be awa ded or perform work. as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity. H, The Departmer,:t shall consider the employment by any vendor of unauthorized aliens a violation of Section 274,7?,e;a of the Immigration and Nationality Act. If the Vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. Pursuant to Section 215.347, Florida Statutes, the vendor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. & TERl',liNATION AND DEFAULT A. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination, The Department reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. B, If the Department determines that the performance of the Vendor is not satisfactory, the Department shall have the op. on of (a) immediately terminating the Agreement, or (b) notifying the Vendor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the Department. C. If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Vendor„ the Department shall notify the Vendor of such termination, with instructs ,r.s as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. Item # 9 Attachment number 1 Page 6 of 28 Y 401 „c D. If the Agreement is terminated before performance is completed, the Vendor shall be paid only for that work satisfactorily performed for which costs can be sup stantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of the Department and shall be turned over promptly by the Vendor. A EGN II NT AND SUBCONTRACTS. A. The Vendor shall maintain an adequate and competent staff so as to enable the Vender to timely perform under this Agreement and may associate with it such subcontractors, for the purpose of its services hereunder, without additional cost to the Department, other than those costs within the limits and terms of this Agreement. The Vendor is fully responsible for satisfactory completion of 391 subcontracted work. The Vendor, however, shall not sublet, assign, or transfer any Work: under this Agreement to other than subcontractors specified in the proposal, bid, and/or Agreement without the written consent of the Depa-m-nert.. B. Select the appropriate box: The following provision is not applicable to this Agreement: The following, provision is hereby incorporated in and made a part of this Agreement: It i expressly understood and agreed that any articles that are the subject of, or required to carry out this Agreement shall be purchased from a nonprofit agency for the blind or for the severely hardicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under e-:a same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Agreement the person, firm, or other business entity (Vendor) carrying out the provisions of this Agreement shall be deemed to be substituted for the state agency (Depar.n7ent) insofar as dealings with such gr!alified nonprofit agency are concerned [I The following provision is hereby incorporated in and made a part of this Agreement: It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Agreement shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Sections 946.515(2) and (4), Florida Statutes; and for purposes of this Agreement the person, firm, or other business entity (Vendor) carrying out the provisions of this Agreement shall be deemed to be substituted for this agency (Department) inscfar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Inc.. (PRIDE). Available pricing" products, and delivery schedules may be obtained by contacting. PRIDE Enterprises 12425 - 28th Street, North St. Petersburg, FL 33716-1826 (800)643-8459 This AQre rnnnt involves the expenditure of federal funds and Section 946.515, Florida Statutes, as noieci a>Jove, does not apply. Flowerer, Appendix I is applicable to all parties and is hereof made a part cf thi Agreement. MISCELLANEOUS A. The Vender and its employees, agents, representatives, or subcontractors are not employees of the Department and are not entitled to the benefits of State of Florida employees. Except to the extent expressly authorized herein, Vendor and its employees„ agents, representatives, or subcontractors are not agents c` the Department or the State for any purpose or authority such as to bind or represent the interests thereof, and shall not represent that it is an agent or that it is actina on the behalf of the Department or the State. The Department shall not be bound by any unauthorized acts or conduct of the Vendor or its employees, agents, representatives, or subcontractors. Vendor agrees to include this provision in all its subcontracts under this Agreement. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. Item # 9 Attachment number 1 Page 7 of 28 ,371-040-19 &'32C}C' REMENT •02107 C. This Agreement embodies the whole agreement of the parties. Th,?,r? are no promises, terms, conditions, or obligations sthe, than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or, v.?ntter, between the parties hereto. The State or F- On is terms and conditions, whether general or specific, shall take precedence over and su Wrsede u:nl4` i:rcunsistent or conflicting provision in any attached terms and conditions of the Vendor. D. It is understood and agreed by the parties hereto that if any part, term or provision of this irgreen e rt is by the courts l,,eld to be illegal or in conflict with any law of the State of Florida, the validity of the rern?_ining portiors or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular par[, terra, or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Vendor hereby waives any and all privileges and rights it may have under Chapter 7 and Section 337.1 g, Florida Statutes, relating to venue, as it now exdsts or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to thoac grounded on convenience. Any such legal action may be brought in the appropriate Court in the :ount;V chosen by the Department and in the event that any such legal action is filed by the Vendor, the Vendor hereby consents to the transfer of venue to the county chosen by the Department upon the Department tiling a motion requesting the same. C. It this Agreement involves the purchase or maintenance of information technology a defined in Section 28 .0041, Florida Statutes, the selected provisions of the attached Appendix II are made a part of this Agreement. H. If this Agreement is the result of a formal solicitation (invitation to Sid„ Request for Proposal or Invitation to Negotiate), the Department of Management Services Forms P lR1000 and PUR1001, included in the solicitation, are incorporated herein by reference and made a part of this ,Agreement. l Time is of the essence as to each and every obligation under this Agreement, 1. The following attachments are incorporated and made a part of this agreement: Exhibit "A Scope of Services, Exhibit "B", Method of Compensation, Exhibit "C" Price Sheet, Map Attachment, Terms for Federal Aid Contracts (Appendix 1) K Other Provisions: IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. C Iy- sf Clean° r tar STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION V1?rns ? ?[l?ur Attachment number 1 Page 8 of 28 Signature Page v Pedestrian Safety Enforcement Campaign (2010-2012) Countersigned: Frank V. Hibbard Mayor Approved as to form: Robert J. urette Assistant City Attorney CITE' O CLEAR'V ATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. oudeau City Clerk 1 Item # 9 Attachment number 1 Page 9 of 28 EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN SAFETY ENFORCEMENT CAMPAIGN CITY OF CLEARWA?TER POLICE DEPARTMENT l.. OBJECTIVE The Florida Department of Transportation, Distr!ct Seven Traffic Operations Safety Section (the Department) will utilize law enforcement support, to enhance a multi- agency safety campaign that promotes safe pedestrian and driver behaviors in Hillsborough, Pinellas and Pasco Counties. II. PURPOSE: This campaign is part of a Pedestrian Safety Action Plan developed for Pinellas and Hillsborough Counties and grant allocated by National Highway Traffic Safety Administration (NHTSA) and Florida Department of Transportation (FDOT). The statistics show us that we should be placing an additional emphasis on pedestrian safety. In Florida, pedestrian crashes account for less than 2% of all crashes but make up 7.% o all severe crashes and 24% of all fatal crashes. Hillsborough County is at 2.53 pedestrian deaths per 100,000 people, Pinellas County is at 3.24 pedestrian deaths per 100,000 people and Pasco County is at 3.51 pedestrian deaths per 100,000 people. The national average for pedestrian fatalities is 1.59 deaths per 100,000 people. Conducting a pedestrian safety enforcement campaign with the development of the Pedestrian Safety Action Plan, as well as timing it with the construction of high emphasis crosswalks throughout Hillsborough, Pinellas and Pasco counties, should' make an impact. f i I SERVICES TO BE PROVIDED: A. We are proposing a cooperative work effort with local law :enforcement agencies to remind and educate both the drivers and pedestrians of safe driving and walking behaviors. The main objective of this expanded effort in each county is to reduce traffic crashes and fatalities involving pedestrians through the use of selected Traffic Fnfarcernent Details and Educational Outreach Programs. These details may include education and enforcement of pedestrian behavior away from cr near marked crossings. Law enforcement may also educate; and enforce driver behavior at or near marked crossings. Activities may include issuing warnings and/or citations to both pedestrians and motorists for failure to yield at intersections and at mid-block crossings. Florida Statues FSS 315.130(2), FSS 315.130(3), FSS A-1 Item # 9 Attachment number 1 Page 10 of 28 316.130(7) and FSS 316.139(11) will be enforced with eithec citation, written or verbal warning. B. DOT will create and distribute safety educational materials, such as reflective items and printed materials, that may be given out to citizens at apartment complexes, home owner association meetings, community centers, houses of worship, senior centers, motels, bars, and businesses in Hillsborough, Pasco and Pinellas counties with the cooperation of our community partners. Local Police departments, Sheriff's offices, and the Florida Highway Patrol may also use these safety materials as part of their special enforcement efforts along selected corridors. We will also work within our Hillsborough, Pasco and Pinellas Community Traffic Safety Teams to distribute these items at community events. C. We encourage enforcement agencies to also engage the media to help spread the messages of the safety campaign to drivers and pedestrians throughout the district. IV. DEPARTMENT F.ESPONSIBILITIES: A. The Department will provide backup documentation to support the enforcement campaign. We will provide information about our Pedestrian Safety Action Plan that will be helpful in the development of the campaign. We also will provide detailed maps showing pedestrian crash locations for each muricipality. We expect that enforcement efforts will be concentrated in those areas. Funding is to supplement on-going enforcement and educational activities, This additional funding is to be used for Agencies' additional or increased enforcement and educational efforts. B. The Department will provide a Contract Manager for Administrating the terms and conditions of this Agreement, who shall be Jeanette Rouse and Peter Hsu at 11291 North McKinley Drive, Tampa, Florida, 66612-6466. The telephone number is (61 976-6256. The Department reserves the right to change the Contract Manager at any time. V. AGENCY" RESPONSIBILITIES: Monthly reports will be provided to the Contract Manager which will include: A. Number of enforcement details conducted with date, time and location specified. B. Citation data, including warnings issued to both pedestrians and drivers. C. EducaJonai efforts conducted with date, time, location and number of contacts specified. The funding that is provided to the Agency is not to be used to supplant the Agency's on-going enforcement and educational efforts. A- Item # 9 Attachment number 1 Page 11 of 28 WW1. BEGINNING AND LENGTH OF SERVICES: A. The performance period of this Agreement shell begin upon execution of the contract and shall continue for a period of five () years. Services will begin and be performed as directed by Letters of Authorization issued in accordance with Exhibit "" of the Agreement. B. This Agreement may be renewed for a period that may not exceed three () years or the term of the original contract, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement. 'III. ATTACHMENTS: A map, depicting various concentrations of Pedestrian Crashes for the related coverage area, has been attached for reference purposes. Vid. TERMINATION ACTION: Deference is made to Paragraph 5 of the Standard Written Agreement. Any necessary default action will be processed in accordance with Department Management Services Rule 59A-1,905(3). A-3 Item # 9 Attachment number 1 Page 12 of 28 EXHIBIT "B" METHOD OF COMPENSATION PEDESTRIAN SAFETY ENFORCEMENT CAMPAIGN CITY OF CLEARWATER POLICE DEPARTMENT 1. PURPOSE-, This Lxh t,it defines the limits and method of compensation to be, made to the Vendor fa. the services set forth in Exhibit "A" and the metl?cd by which payments mall be made. II. COMPENSATION: For the satisfactory performance of services detailed in Exhibit "A" the Vendor shall be paid a Maximum Amount of $50,000.00. The Department, based on need and availability of budget, may increase or decrease .e Maximum Amount by Amendment. III. PROGRESS PAYMENTS: The Vendor shall submit an invoice ( copies) in a format acceptable to the Deparment.. Payment shall be made at the contract hourly billing rates in Exhibit "C" fcr services provided, as approved by the Department. The contract hour y billing rates shall include the costs of salaries, overhead, fringe benefits and operating margin. Payment for expenses shall be made on the basis of actual allowable cost incurred as authorized and approved by the Department. Invoices shall be submitted to: Florida Department of Transportation Attn: Jeanette Rouse, MS 7-1300 11201 N. ?'lcKinley Drive Tampa, Florida 33012-0455 IV. DETAILS F COSTS AND FEES: Details of costs and fees for the performance of the services are contained in Exhibit "C"attached hereto and made a part hereof. B-1 Item # 9 Attachment number 1 Page 13 of 28 V. TANGIBLE PERSONAL PROPERTY: This contract does net involve the purchase of Tangible Personal Property, as defined in Chapter 273, F.S. B-2 Item # 9 Attachment number 1 Page 14 of 28 EXHIBIT "aC" PRICE SHEET PEDESTRIAN SAFETY ENFORCEMENT CAMPAIGN CITY OF CLEARWATER POLICE DEPARTMENT SERVICE PROVIDED. Enhanced Traffic Enforcement Detail NOTE: There will be to 12 Enhanced Traffic Enforcement Details per Month. TOTAL ESTIMATED COST: 59,999.00 ACKNOWLEDGEMENT: I certify that I have read and agree to abide by the pricing, and all terms and conditions of this Agreement and that I am authorized to sign for the City of Clearwater Police Department. Agency: City of Clearwater Police Department Address: 645 Pierce Street City- Clearwater FEID# Fb 600 ",tf State: FL Zip: 33756 Autho-ized Signature; Date: Printed d Typed: Title: t"-1. Item # 9 Attachment number 1 Page 15 of 28 'c u ?S k Tj- , r ? i w j r ?,r, Ir-X'' UNI N ?K. f S 7.'S P _ Y JN O U .. ., ET ANT IT i-. r ? --? ? ?-•?-- -k Ct _ T: Fk ?- n'r?r.Lr..erra'.?,rkFEr L. AHD .rREEr-`` : -? • Y }.. `c o ---1'[f ?F Q EAY 6L A7 4 I ? € f _ W l G? i 4 {{ 1- f ?j ~ t l W + 4 -1F EP] I30A?I9 ? fir' F:7??T sir,ic;t 7 ,lc..: a 2006-2008 F1i?hCrash C9ncc-r.trLtiTns Pedestrian Crashes M,,intdpal Limits gyp 3 Outside of Municipal Gm{l',5 Ciof Clearwater C? Item Attachment number 1 Page 16 of 28 375-04: 4 a'R0GUr'er,*-kT TERMS FOR FEDERAL AID CONTRACTS (,APPENDIX l). CONTRACT (Purchase Order) # BDP96 The following terms apply to all contracts in which it is irdicated in Section T.B of the Standard Written Agreement, the Master Agreement Terms and Ccan6tions, the Contractual Services Agreement, or the Purchase Order Terms and Corditions, that ti!v contract involves the expenditure of federal funds: A. It is understood and agreed that all rights of the Lepartment relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, spec fiwations, wraps data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be pei,rormed hereunder without the approval of U.S,D.07,, anything to the contrary in this Agreement not withstanding. C. Compliance with 7egulations: The Contractor shall complywith the Regulations refativeto nondiscrimination in Federally-assists 4d programs of the U.S. Department of Transportation titer inafter, -USDOT") Title 49, Ccde cf Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. D, Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, natonal origin, sex, age, disability, religion or family status i the selection and retention of subcontractors, including procurements of materials and leases of equi,pnncnt. The Contractor shall nct participate either directly or indirectly in the discrimination prohibited by section 21.117 of the Regulations, irc;Iu ng employment practices when the contract covers a program set forth in /?pperid x of the Regul:at:cnr-, E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor„ either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of material's cr leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to rtond scrirnination on the basis of race, color, national origin, sex, age, disability, religion or family status. F, Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records„ accounts, other sources of information, and its, facilities as may be deter nr red ley the Florida Department of Trarispor'tatror, the Federal Highway ; x r,'rr,s: 3tron, Federal Transit Adn?irri?traficarr, Fcdoral Aviation Adminis.ration, an-VbrIne, Federal Motor Cat rr r St r"ery Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. %V,1eio any information required of a Contractor is in the exclusive possession of another whe fails or refuses tc furnish this information the Contractor shall so certify to the ,,bran Lci wtrxeaf of Transportation, the Federal Highway Administration, Federal Transit Adrrrini,?t,ration, F&Jersil Aviation Administratioa;r, a , .`, dr the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it II L?S T ne to obtain the information. G. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Admini, trader, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Ado inistration may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Contractor under the contract until the Contractor complies, and/or 2. cancellation, termination or suspension of the contract, in whole or in part.. H. lncorporatlon of Provisions: The Contractor shall include the provisions of paragraphs C. through H. in every subcontract, indicting procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procu rement as the Florida Departmerrrt of Transportation, the Federal Highway Administration, Feder,--3i T arasrl` .thin iraistration, Federal Aviation Admirtistration, andl"or the Federal Motor Carrier Safet Adrnlnistralicrn may direct as a means of enforcing such provisions including sanctions fear noncompliance. In the event a Item # 9 Attachment number 1 Page 17 of 28 3.'i'u..040- 0 F ROCUNEMENI M8 Pace 2 of 2 Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, t;nc Contractor may request the Florida Department of Transportation to enter into such litigation, to prctent the interests of the Florida Department of Tra spoilafion, and in addition, the Contractor may request the. United States to enter into such litigation to protect the interests of the United Mates. Interest cf Members of Congress: No mernber of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. interest of Public Officials: No men nber, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any Mate. K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26,13(b). This statement shall be included in all subsequent agreements between the Consultant and any sub-consultant or contractor. The contractor, sub recipient or subcontractor shall not discriminate cn the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and adm nistration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. L. It is mutually understood and agreed that the willful falsification, distortion or misrepresentati on with respect to arv facts related to the project(s) described in this Agreement is a violation of the Federal La,,%', Accerdngly, United States Code, Title 16, Section 1020, is hereby incorporated by reference and node a part of tl,Is Agreement. M. It is understood am agreed that if the Consultant at any time learns that the certification it provided the Department in campliance with 9 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, ln& gib?lity and !Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 2.9.5101 shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The Department 17,oTeby certifies that neither the consultant nor the consultant's representative has been required by the L vpartment, directly or indirectly as an express or implied condition n connection with obtaining or c4zrr,ln out this contract, to 1, employ or retain„ or agree to employ or retain, any firm or person, or 2, pay, or agree to pay, to any firm, person, or organization, any fee contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency, it connection with this contract involving participation of Federal-Aid funds, and is subject to applscabl State and Federal taws, both criminal and civil. O. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above contractor) to solicit or secure this contract;. 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection %vith carrying out this contract, or . paid, or agreed to pay, to any firm, organization cr person (other than a bona fide employee working solely for me or the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract, The consultant further acknowledges that this agreementwill be furnished to the State of Florida Departr n ent of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.. Item # 9 Attachment number 1 Page 18 of 28 2006 - 2008 Pedestrian Crashes Total Percent of Location Total Pedestrian "At Intersection" Pedestrian Crashes Crashes Pedestrian Crashes "At Intersection'' Jni°r orpor f: ct HlIls"orough County 575 152 23.4% H Ilsborough Tampa 483 219 45.3% County Plant City 2 9 32.1% Temple Terrace 20 13 65.0% Uniri rmrporated Pinellas County 133 51 38.3% Clearwater 114 6 49.1% St °etersb rg 105 51 48.1% Largo 7 36 48.0% Pinellas Pa-k 49 19 38,8%Q St Pete Eeac : 19 9 47.4% Dunedin 19 8 42,11% Tarpon 5pr--t s 17 11 64.7% Semina're - 15 6 40.0% P%%deira Beac'ri 12 6 50.0% Pinellas Treasure Island 11 4 36.4%? County - South Pasadena 8 5 62.5% Oldsmar 6 5 83.3%a Dade City 4 1 2? 0. Safety Harbor 4 1 7F. Redington Shores 3 1 33.W .v Indian Pocks Beach 3 1 33.31m Redington Beach 2 0 0.0% Kenneth City 2 1 50.0% Red' ngton Beach 1 0 M% Belleair 1 1 10G Ci'r" Unincorporated Pasco County 262 5; 21.0)% Pasco New Port Richey 47 15 31.9%Q County Part Richey 11 5 45.5% Fe h rhills 9 3 3fO Item # 9 Attachment number 1 Page 19 of 28 2006 - 2008 Pedestrian Crashes Location U ce,rporatec Hillsboro ]-lillstorou h !Tan?pai County Plant City Temple Terrace Unincorporated Pinellas Cl? ari: ?i? ? r 5t f ?a ?k Pinellas County Pasco Ccunty Pinellas Park St Pete Beech Dunedin Tarpon Spring eminrl: I,ladeira 7pa.;7 Trea'LJFe Island South Pasadena Oldsmar Dade C:il',,' Saff,tHjFLor F,edirClor1 Shores ,-jr, Racks Beach P'.J Rei] ricion Beach F^,n. _-th City Redlrq!cm Fetich Bellel- _ Uniruolp° a'.eJ Pasco New P rt Ri :i°ay Poll Filchcy Zephyrhills Total Pedestrian Crashes Along "High Emphasis" Crosswalk Corridors Total "At Intersection" Pedestrian Crashes Along "High Emphasis" Crosswalk Corridors Percent of "High Emphasis" Crosswalk Corridor Pedestrian Crashes "At Intersection" 2 25.0A 4 7 .,, 45,8% 40.0% 50 0 Q 0 nr 3t, 5'° ti 5 L 1 Cl L C.C'., 100.0% 0.0% 33.3% L 0 .- u 0-, 0 J.. 0 J is, 1 r: Item # 9 Attachment number 1 r I I l _ I F${' I I ? i u I .r-u r r I ?. b Lv rJ Y " ^ 1 II LS"N:;l .7 J y 1P [] ?? Q '6'?] LIB, { .? _ [ . _ ? 1 ?`ri u u-¢ UIALIRSTRE, -- 4 r yF `. u I +" 'T A r tir. Eh RL v 1 ,?=z .J czar ?- _ E :J L''.-'1J dl I - - oFF'JV-?L RL ? _i[ T:G '- H W u - yr G l _ n _. I I N, 5 I I LL F o- I'ra S - u ,. p.`r• ° - I - II`. HL1-T:N E G kESI F:U - - I ' SYI`A `nES RO., CI .. I ? C V _ I I U, 10 B n OA L, 0 I n f.A'. 1 R.T!F]AL',1 ?I ??NIr:; ?' r L ? f EUn L LEGE„,.I-- - I P I.YI =1JLh2 J :1 I;LL - _ -- ?, j` L. i r /.L ' l Yr 0 r, L. r R W I ? C, 1 4 N11ILs +FgDOT District 7 striarCr.{:,.h GV0' - 2008 Hi h Crash Concentrations Pedestrian C3rashes NI.inicipalLIrntts HillsboroughCounty - Countywide UI,incorporatedArea Item # 9 Attachment number 1 I c I I I I , I I U I 7 I r. j C U Y I I L Af.',? f., E.NL1E- O .f - L ..I I II R1, 1C 11 - V L o, 10 FLAT H ;rv NUE, c ? : w I I I baos - J4L mAlrv ?.- " - n w I J I L F"•? CI U " 3 P X HJ I.LA P_] PA F 1,L'yAr L 1 a .x I , w ? _I s " w n a A,L 1GH A: E. .. ? . Ir ? G o?c. a Cl :E AN A ' H N 4 , L J Oak O zo r ? y L _ y "ern ,y C > ! PL HLIr .'?I ti L. ! ?T' L Lf M1I A .,E J P y % r _ I w I ?` t EE k9'i'Sr L ht ]?` EA PV, -? Lr.1 F F - - L r? ..C,j E [FAN t , r 4 ? rc I E G w LL 5 - r Q I s I I I I I I I s L r h TREE-' ?L - 11 11 P- T -- r I 2 3 FDOT [district P'ed- 'iian Crash 2006 - 2008 F ioh crash; Concentrations Pedestrla,n Crashes Municipal Limits City g Ts 1(1 p t', r I Area Outside of Municipal Limits Iterr Attachment number 1 ANC LC:? T 2 Ul G I - I I O I I V 1 - A. .] .L!„µtr FE i ? IW NSE i F]f' N[J r ?" ? 1 L 1] C Jh YAL AE TI rl; ,:.ET G 'lNEf ?.irh ... E LI.' V' - Va, P wxx0 c?,c ? R I J ve, 1 a+ ? G fT ? .i .? ! ELLrau2 I , V - - L-- L h .v. TAI: , I A, f ?f- . yI1I JR`IJ I i ? - 1 1 Y F4u.rc, I 11 . I I T. H - 4 u I " 11-JLlA,1 v 1 'j i 'I N. -Fd tr rv,Rn bL',, tt.a- ? r= I --' J 7 ?G ? sal. N 'o r ` }oil{a ? il L f? 1 rh S ,EJ . ? [ 1 I? 1 : C` _ C z C r y Y ' r, I I tis _ ? ,a c x b v ? r o c C5 k,'U ? I y r Ir CDI f l 6AIHAV E3.. v r I. 1 2 3 4 ..11It 5 ., 2006 - 2008 Hig C xshConE_°rlmtnns Pedestr alill Crashes - €ut:nicipald_imts Unincorporated Area Pinellas County - Countywide Item # 9 Attachment ni mhar 1 rage L.5 OT ZO i I z I w '? I ,III I u I : I H? gyp: r , I - SOL...J AYE J I I I .. I f`-Z L' [i I 2i --- ? NIEPFE,1[ F, I _ .,. Y Tw u S 4 r i y I rr I c. CI ? uJ ? I. - 'IN ON ;F._ n" I h :h 5 ` 0 L pp 4 -MLIN IRE. AIR nu `'. •?.I..II1,.A'. PINT kPk= V I r -,!NS!-T P_IN I L, y z r 0 P", L MI II STREET -- I - f W ` '- ° I ? - ?RLV tiT- 9 ,. r 1 -' TCR S,t llfc! v..,i - i I r _ ` nom c, l..fl T.. ?; a'• frl,.oi o u- Lana! E I BF,,Ap-. I _ y r I W ? u S ' P -'r ? v u v n 7' 1' T _ fY......?_- .? ? W 7' _? L. ? L N ' ? 4 n F [ IYJH iT I 'J? 4 ,F f Er " LF 7 U . _ „ r . W , 0 r 1 r.... E I Y Eti :.i re. 6 I 'd W o?rJernN fro a ?_ , S1 "1. 5 - ?, yiI L iVt6GAt?3 I FDOT District 7 Pf d. s?ri7rl Grp.:, 2006 - 2008 F;'qh Crash Concentrations Pedestrian Crashes t,Ii-I- I Limits a.rza Outside of Mun6pa3 Limits oIearwater Item # 9 .1 -1 Attachment number 1 ra e L4 or Zu 11 1 _ , ; ,, , ..Ar ;; N o I n_ ti c I a -.,. Gtr -. +n I r, r. ' '..- _. _.- 'cif.. H .. II AJE N ITS n _ w I ?. C i I I r 4 I N C I, F C ;A•r .J I ,r T-rE NUE . 0-- N I ',I IT I, F, L ' Q 11 1'E N ' Cry I I Ul I J r' J ?r h l LL J 'Sq Tr AJE rJ C' r :7. . ? Q .? TT I I J ^ .. I ' n I- H A V E N ..al-. ;':. .. rJ <, a oo IT'VE N i I i C LI .r _.-" _ _-30T 141CN LL , a _ s l k o T71 11 ,,- ?.tl I TFEASIIF.EI?L'+r.:- "r - ?T AVEN E 11 I r? C, O ., , c J _ ri - 7 :51:ti NHS ? P I LF V,2LJE l+ rG _ u, ?U Cr? O rJ J 1 1 { f - F fA Y I ATH AL,? 'T N, F H . T o £ I i ' F - I Ih C,.L AS FC?IIJ T FDT District i7 I utii3 ra_I 2006-20018 H ih Crash Concentrations Pedestrian {Crashes Municipat Limits City of S . Petersburg r aC?utsde of Municipal tits Item # 9 Attachment number 1 - rage Zn OT Zu c. 3 T!ri EEL FI IJT '2r.I A,!]? ':CT FJIN l R?E E? I I a,„ r U li - V R f C ?k? O f'I L IAETI? '_TFEET. I I a„ I x 4:: Y FREj., .,T N VII TI J L1I ll 41, T. LE'.r -L tiL TFEEI _ -.- [?Q? JLF''o 5nrEL JiT'? c ? L I i u _ I I ` y I I i 4 I_ o 7 r F'I V L" r ? ROSERY RD ? r r l 4 :EL Lilll:. 411,. r I r , ? ? LVI V I I I Y T u o, C h N.. a P:? JE. n rJ f: r ' I . . , ` O aa'V,_ILrr.,TC?aen c4i I - u j WILC r F 0 - mcs'I r??r?,?rw FLT- - rr.,_cl:v i1,AM Fo g -' ? I p -j II -- ? C, L C J N LA 11, R L, . 1: C i a I - L y r r 1h u I -. c. u l ? ,aTF 0 FDOT District 7 ) 2006-2008 1 1:,;1 Crash Concentrations Pedestrian Crashes Municipal Limits City of Largo Area Outside of Municipal Limits Item # 9 MII Attachment numher 1 p li h I I _ r 4 0 F {H i --- J 02N O AVE fi!-?_ { i .w _?__?..,..?-?........ -e7H-AVEFf9JElV . ..e.,j?.... j 1; TPARK SLV®I74T{{AYE h'- . ......_......,, _. ? fl h -70TH AVE N _...,m.. to ....._"....__ .....:.,_.._. -, - c7 Y y 47 0 -1 AV? " I y ? r ? n l? I 7, 1 '-r LI I FDOT Dis?.rict Cry t 2006-2008 H ,jh Crash Concentrations Pedestrian Crashes Plunicipal Limits City of Paellas Park -aOutside ©fMunicipal Limits Item # 9 Attachment numher 1 ?r r? tv r r ' P a I .ice ? I - n s NVHii x "r. `. l u y ' s, 'TO`J AC VJUd v ' - 1 u F r _ I w I ? a • I I.. a I ill' ids I G- I I l . Z. l u i i " r r I U ? s • I r I u - I I r. I n p I . w 3 i I V u . I I I 1. I H N 3 I I •?'G J - u _ - l - - i ? pp;y V ArY I A??p 1 c i ! I ?r .. --md -311111,E J V E Iil. Il CVl1: 31111 ?? FAA U 1 1 .] ] C 1'L 4I JAI] F/ •rr. F LAY E{.'. Tt arlp J.?CC a [:?N N[ H `? -. l C, L -- r I'tl I??? d.- E15` 3 ?o 3 v to 0 V cln1 GNCa V! lczgp m `1 n L (L IL z I It Attachment number 1 ® .... .., __, r-a e Lo oTgg r{ n !I I ; I I r ? I r ?_ If I _ y II -. ... -. .. 7 ? A ` ,U may{ r .. A V, LH? ? 15CTT _;- - - .. _ . .... i ?? (J ?. ri f fL v I !- f, l? ......,, L': r.. . - ..... ......... -?OMAIN ST-. 0 ?....,-- .,. .._._ .y ?- o I m ?. j -... ._, GULF L7ek i 17, k E4, f i y fi. w I f o. 1 ['.Al1L f_,.::? ltUHi R,TF, il.UIJLL F.'FIECS I I I L 0.5 r J t ENE- FDOT District 7 e .I rIC W c ': 2006-2008 Hi:, h Crash Conc ntrer r' Pedestrian Crashes Muniapal Limits City of New Port Richey Area Outside of Municipal ItLimi em # 9 Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Custom Built Marine Construction, Inc. of Stuart Florida, to construct a new boat ramp at the east end of Bay Esplanade Drive on Clearwater Beach, in the amount of $156,495.90, which is the lowest responsible bid in accordance with plans and specifications, increase project budget by $565,699 for grant funding, and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing concrete boat ramp is broken and has deteriorated. Due to lack of affordable facilities in the area, the public continues to use the ramp. The existing ramp allows only one boat at a time to launch and cannot be used by larger boats at low tide due to the water depth at the end of the ramp. This project will provide a new, safer boat ramp which meets the needs of the public. The adjacent bank area will be stabilized to prevent future erosion and protect the ramp. The existing adjoining dock will be relocated to the south by driving new piles, providing additional launching width at the end of the boat ramp. The City received a Florida Boating Improvement Program (FBIP) grant not to exceed 75% of project costs including design, construction, and inspection/ project management services for maximum reimbursement of $565,699 from the Florida Fish and Wildlife Conservation Commission. The City's cost for this project includes design and CEI work orders to Ayers Associates for $140,000 and $75,400 respectively and $156,495.90 for this construction contract, for a total of $371,895.90. The City's 25% share of total project costs is estimated at $92,974. Due to the low bid of the construction contract, the City will allocate fewer funds than originally anticipated. Construction, Engineering, & Inspection (CEI) services during the construction period will be completed by Ayers Associates, which includes reviewing shop drawings, attending meetings, responding to contractor questions, conducting daily on-site construction inspections, providing engineering assistance with field issues and contract interpretations, and ensuring all federal reporting requirements are met. The contract period for construction is 90 consecutive calendar days estimated to start in September 2010 and finish in December 2010. The Marina Department shall own and maintain the proposed improvements included in this contract. A third quarter budget amendment will increase Capital Improvement Program (CIP) project 0315-93408, Beach Recreation Center Boat Ramp Replacement budget in the amount of $565,699 for National Fish and Wildlife Conservation (337900) grant funding as approved by Resolution 09-05 on February 5, 2009 by City Council. Sufficient revenue is available in CIP 0315-93408, Beach Recreation Center Boat Ramp Replacement to fund the City's $39,123.98 portion of this construction contract. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See Summary Current Year Cost: $156,495.90 Not to Exceed: $156,495.90 For Fiscal Year: 2009 to 2010 Budget Adjustment: Yes Annual Operating Cost: Total Cost: $156,495.90 Cover Memo Item # 10 Appropriation Code Amount Appropriation Comment 0315-93408-563800-575-000- $156,495.90 See summary section 0000 Bid Required?: Yes Bid Number: 06-0049- MA Other Bid / Contract: Bid Exceptions: None Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 NEN\P W 80 ? IRIS ° F NF< > `Z O m o ASTER O ACACIA ST L ?5 SOME- O O O CAMBRIA > O PGE 1DLEW1LD O PP55 PROJECT o "PRgor, LOCATION HEILWOOD O eAY AVALON 0 ? ? N KENDALL u? uani a z C NE ? a o SLPNO BAY ESPLANADE N? PPLM SE ?SLPNO F1 SW PPLM ? nmeler BAYMONT ST SKIFF PONS j W 0 Q 3 ° SAN MgRCO ? m ? W A O ? O A 'z I 00[pHN o $ ? POINT o Z 0 PAPAYA ST ? g DORY PASSAGE o W W ? ? Q ? Pier6? O a Causeway Blvtl WINDWARD PASSAGE sq? DEVON m ' ?o SECOND OFE ST ON DR ?Oq THIRD q ST W LL Z ° ?q s G 0 0q ? Y 0 U? BRIGHT WATER DR FIFTH ST g BAYSIDE OW O R BAY Y S GU<FIgFw BLVD a y 3 ° ?m ?o v PIER (l CO ms cy? Jr ?? ?'T 0 Clearwater Location of Clearwater Beach Boat Ramp, 75 Bay Esplanade, Prepared by: Engineering Department Geographic Technology Division Project # 06-0049-MA Ite w E m # 1 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: JHH Reviewed By: TK Date: 5/28/2010 Grid #: 258A Page #: 1 Scale: 1"=1/4 mile Attachment number 2 Page 1 & 28 1 +t ^? PJA M+S €nilPROVEMEN; MAN! A'': REE ME W .T ;I I ?r rl, I ?I;II ;I I a ? ?? i i1.F I a?>at F? I I i I 2 ?, SCOT d vy,r O v 4<'.- TF . 1 I I I L ? 711 . F =i M1 hl Item # 10 1 1= 1 of 1 Attachment number 2 Page 2 of 28 ? ,' I I, ? I III I 14' I +j i rr r i i i ? I ! I i t?~< I 13 t r- f 14 t7 C i I ( if I I r I I' Item # 10 -- :f 1 Attachment number 2 Page 3 of 28 19 i I I I i I 1 I ,r by Iht Z t_ ; I I I I r I ?I I I f i t I J r I v tf ' % ?. .J 1 r r I ICI, , srl I1 ? I i ? I C "1I 1 ? 2, 1 RAN EE o 1 I I ` J I_ .? ; I- ? 1C O] f i' 1 I i I of fli Item # 10 Attachment number 2 Page 4 of 28 I iJ'I 28 t i 4 0 TI , ... t t - v i ? w 32 i M I? 3 !Fiv( „ ltca . ?.. _ '.. I Item # 10 Attachment number 2 Page 5 of 28 I f`i f l° "en I f the A ? as f, 1 i ytlk., address is given any and all notice shall Lie delivered to the PaNies a Item # 10 5 cf10 Attachment number 2 Page 6 of 28 ' 4e ; 1 ',li9y Other i Ir I 4r; I I r I I I I i 4T _ T' '. 1 I I t I I I I .. f ?. ... 9k1 I I ? a Item # 10 Attachment number 2 Page 7 of 28 ). Item # 10 Attachment number 2 Page 8 of 28 F 6', I ?' I I ' I { I I I I t ,III 67 I i I I I I I t tl 9 I I i 64 , i II It i i 6 I€?? ,.I i Item # 10 Attachment number 2 Page 9 of 28 I I Item # 10 j Attachment number 2 "ER Page 10 of 28 Item # 10 Attachment number 2 Page 11 of 28 ?f r r c; i , li 4 ! i, , l , 'I f... f'11+. fli?a 1 . B IT f`.E E I ' Y 1 Hl i [ COUNCIL F THE CITY OF L r' f ' ,T4 1' 1` 11, 1 l 1 71e y - I1?1-3' i''; il.?f1C]f I,'? ._ f lF`' I1? f?' t r"in1'r'l".?1 ['r)'i(?L t clI t t.'?1r:1 ± I tflp .i? ii` f vIj t ,?,'{-jl?)f! Tli'I?'; 1 1t 't11?1??"? PASSEL) AND AD(fijl"ED this 5th yy y .F.- nt , s Item # 10 , to t? Attachment number 2 Page 12 of 28 T7 I?? Item # 10 Attachment number 2 Page 13 of 28 ATTACHMENT A ?lj r i d 1 i I- A - rt Item # 10 Attachment number 2 Page 14 of 28 11 0 .ro r°^ ;ik ??'µ5 Sze Item # 10 Attachment number 2 Page 15 of 28 m, i i i i i i I Item # 10 Attachment number 2 Page 16 of 28 k ,?? I I ,o ? ill Item # 10 Attachment number 2 Page 17 of 28 ATTA.- r` mm F _. _w. Item # 10 Attachment number 2 Page 18 of 28 T 4' ' ?,'! L; T Item # 10 Attachment number 2 Page 19 of 28 T mh° THE Item # 10 1 (t Attachment number 2 Page 20 of 28 Item # 10 Attachment number 2 Page 21 of 28 Item # 10 Attachment number 2 Page 22 of 28 1 i, T i I'Dacie f of 1 Item # 10 Attachment number 2 Page 23 of 28 Ii ?. m rT Item # 10 Attachment number 2 Page 24 of 28 '. '1Pi'L'4l, /1 [ Ic-',j ? ? + Attachment number 2 Page 25 of 28 t- Attachment number 2 Page 26 of 28 n 1« 3 P F, i Item # 10 Attachment number 2 Page 27 of 28 s w ? L' sF, s i Item # 10 Attachment number 2 Page 28 of 28 Item # 10 O? O O O C? 0 CQ W E? W a U e W F U F O d W U . . C4 P. F WWI azM 40 Fl Fr a - 9 m c t 1 w Wok w z?a H ?g 0 ? ?a H F F w ? O F 0 h d zOOr z z N? H q? a1, F ?6 W4 M O WA.a x a w ? W a ? ? w F ?. A M N F a a ? M O z ? d ? w U d O U ? ? z N N W a ?da + M O ? W d x w U ?qz ? W w o? U ? a O F z 0 ? o 4 0 0 0 g M ? F M W U ? C + !. Q ll ? ? w w uz?? u W F zq? ? 0 O W H t+ U C) O O u W4 W c U O O ? W W W U F F F ? U ? W W W ?1 'y h r W ? F Ci o -o m x ° E p O °? Y `O Q `tl F U P° m_ o o ?' ro ou x p ro 'a." °° ro `3 ` . 'o r E m 0.1 z a ? bA A O O N r W z ti A x C? W 0 0 N r N z z w 0 A nber 3 Attachment number 4 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we CUSTOM BUILT MARINE CONSTRUCTION, INC. Contractor and FIRST SEALORD SURETY, INC. (Surety) whose home address is 4901 NW 17TH WAY, STE. #304, FT. LAUDERDALE, FLORIDA 33309 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: ONE HUNDRED FIFTY-SIX THOUSAND FOUR HUNDRED NINETY-FIVE DOLLARS AND NINETY CENTS ($156,495.90) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the ,. day of 2010, entered into between the Contractor and the City of Clearwater for: CLEARWATER BOAT RAMP 06-0049-MA a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page I Item # 10 Attachment number 4 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 2010. CUSTOM BUILT MARINE CONSTRUCTION INC. CONTRACTOR ATTEST: WITNESS: COUNTERSIGNED: By: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 10 Attachment number 4 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2010 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and CUSTOM BUILT MARINE CONSTRUCTION, INC. of the City of STUART, County of MARTIN and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: CLEARWATER BOAT RAMP (06-0049-MA) FOR THE SUM OF: ONE HUNDRED FIFTY-SIX THOUSAND FOUR HUNDRED NINETY-FIVE DOLLARS AND NINETY CENTS ($156,495.90) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 10 Attachment number 4 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 10 Attachment number 4 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 Item # 10 Attachment number 4 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of CUSTOM BUILT MARINE CONSTRUCTION, INC. a Florida Corporation, with its principal place of business located at 1321 SE DECKER AVENUE, STUART, FLORIDA 34994 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2010, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of CLEARWATER BOAT RAMP 06-0049-MA That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me CUSTOM BUILD MARINE CONSTRUCTION, INC. AFFIANT This day of , 20 BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 10 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 25-foot Drainage and Utility Easement over, under, across and through a portion of the Northeast 1/4 of Section 18, Township 29 South, Range 16 East, as conveyed by the Board of Trustees of St. Petersburg College, in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: The City has a 48-inch corrugated metal pipe (CMP) that extends south from Drew Street through the site of Faith United Church of Christ, 2401 Drew Street, then extends south along the west boundary of the adjoining St. Petersburg College campus. The CMP is nearing the end of its useful lifespan . The City proposes to replace the old storm line with a reinforced concrete pipe from Drew Street to Teakwood Drive, approximately seventy-five feet into the college campus. The total project will replace approximately 600 linear feet of pipe. Although the large drainage pipe has been operational for decades, 30 year searches of both the church and college title records failed to locate any formal easement granted to the City for its maintenance. The subject easement formalizes City authority to replace and maintain the storm line across the college property in perpetuity. Faith United Church of Christ granted a contiguous easement on February 18, 2010. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 4 r' _ I AIN , 'T" 01 1 ihiuuu !;_ rih I any Tr, C I _, ... ? w a p Item # 11 Attachment number 1 Page 2 of 4 i i iii.. I I r Item # 11 Attachment number 1 Page 3 of 4 29 F t I RECORDS PINE' I Item # 11 Attachment number 1 Page 4 of 4 DREW STREET 0 EAST'660D Attachment number 2 Page 1 Of 1 LORENA LN ELLA PL W 0 0 0 3 w z a EASTWOOD DR it 0 a o: 0 0 NASH ST WHITMAN ST f WHITMAN ST o W ? o ¢ z z W j W W ? U CHAUCER ST CHAUCER ST SHELLEY ST f' 1 1 } f .,.,.,.,.?.,... I ,eebeeee. .(sees ?__.__°? o Clearwater U Prepared by: Engineering Department Geographic Technology Division St.Petersburg College Drainage & Utilities Eaement Legend Q Parcel Boundary Bldg Footprint Waterbodies Outside CLWTR City limits • • •. Clearwater Service Area Ite "' N W E m # 11s 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: JHH Reviewed By: EB Date: 3/15/2010 Grid #: 290B S-T-R: XX-XXs-XXe Scale: N.T.S. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 6/17/2010 Award a contract for the Tropic Hills Stormwater Outfall Project Phase I (99-0018-EN) to Sunshine Pipe Corp. of Safety Harbor, Florida, for the sum of $1,893,512.50, which is the lowest responsible bid received in accordance with the plans and specifications; authorize establishment of project 315-96174, Tropic Hills Phase One and authorize the appropriate officials to execute same. (consent) SUMMARY: The Tropic Hills neighborhood experienced severe flooding in June 1997 and February 2006. The existing outfall is undersized and during heavy rainfall water backs up into the neighborhood, flooding streets and houses. Tropic Hills Drainage Improvements Project consists of 3 phases. Phase I is the subject work, Phase 11 consists of FDOT replacing the 2 undersized 36-inch pipes under U.S. 19 with a 4-foot x10-foot box culvert during the reconstruction from SR 60 to Harn Blvd. Funding for construction of Phase 11 was approved by Council on 5/21/2009 and issued to FDOT. Phase III consists of replacing 900 feet of undersized pipe that is upstream of Phase 11. When all three phases of the project are complete, the Tropic Hills neighborhood will have an outfall that reduces the risk of houses and streets flooding. Construction of this Phase will include widening approximately 1450 linear feet of the existing channel located just east of U.S. 19, stabilizing the eroding north bank with gabions, and replacing a failing seawall along the south side of the channel. Construction of this Phase will improve water quality by minimizing sediment transport to the bay. The construction of this Phase is the first step in providing improvements to the stormwater conveyance system for the Tropic Hills neighborhood. The Project will commence after award and execution of the contract with duration of 270 calendar days. The Project will be cooperatively funded by the Southwest Florida Water Management District (SWFWMD) at 50-percent of the construction cost or up to $1,250,000, and 50-percent by the Stormwater Utility Fund which was approved by City Council on 4/15/2009. Third quarter budget amendments will establish Capital Improvement Program (CIP) project 0315-96174, Tropic Hills Phase I with a transfer of SWFWMD budget, only, from CIP 0315-96170, Coastal Basins Projects in the amount of $1,250,000 and a transfer of Stormwater Utility Revenue from 0315-96170, Coastal Basins Projects, in the amount of $1,065,041.25 of which $946,756.25 will be 50% of construction costs, $18,285 for design fees, plus an additional $100,000 for unexpected costs caused by unforeseen conditions underground. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: See Summary Current Year Cost: $1,893,512.50 Annual Operating Cost: Not to Exceed: $1,893,512.50 Total Cost: $1,893,512.50 Cover Memo For Fiscal Year: 2009 to 2010 Item # 12 Appropriation Code Amount Appropriation Comment 0315-96174-563700-539- $1,893,512.50 See Summary 000-0000 Bid Required?: Yes Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Engineering 4) Financial Services 5) Office of Management Approval: and Budget 6) Legal 7) Clerk 8) Assistant City Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 12 Attachment number 1 f':?cc ^. of ^. Q Q _._._._._._._._._._._._._._._._. l! Q __ _________________ L Q ------------- ------ < U LO LO , ..,. ___:_:_:_:_:_:_:_:_:_:_:_:_ -_:_:_:_:_:_:_:_:_:.:.: _ .:.:.:....._- m CO DR : : :_:_:_ _._ :.:_._._:.:.:.:.:.:.: ._:_:..................... _ _ ...:..... _ _._._._._.r.:.:.:.:.:.: ---------- ._._ _ _ _ _ _ _ _.- .- _ _ _ _ _ _ _ _. Drainage Improvement Approx. 1600 LF 1 _._._._._._._._._. ?y, ......... ......... r._._._._._._._._._._._._ ._._._ ........ ......... ......... ..?.'? , ......... ........... ............... .............. ._ -' -.__......I ------------ HARN BLVD. = 19135 ..:. ______._-i .__:_:_:_:_:_:.:_:__ :.:.:.:.:. . _ US HWY 19 N . ., . .'.'. -.'.-.'.'.-.'.-.'.-.'.'.-.'.-.'._._._._._._._._._._._._._ ---------- ---- ------------------ .................. . ... ._._._._.._.._._.._.._._._._.._.._._.._. ............................................... _._. .... Z ._._____.__ _._._._._._._._ '''''__'. __________.__ _._._._._._._._._._._... '.-.'.-.'.'.-.'.-.'.'.'.' __________._____? ............................ .-.'.-.'.'.-.'.-._._._._.-.' l -- ---- - --------- ---------------------------------------------------------------------------------------------------- -- -. -. - i i ., L__._________._._._._._._._._._._._._._.. ,._._. i_ .'.__'.-.-.'.-.'.-.'.................................. ................................ "' L Clearwater L Tropic Hills , Drainage Improvements W E Prepare E i i D t t Phase 1 ng neer ng epar men Geographic Technology Division S 100 S. Myrtle Ave, Clearwater, FL 33756 e m # 12 Ph: (727)56 , Fax: 26-4755 Map Gen By: SF Reviewed By: PV Date: 6/3/08 Grid #: 310A S-T-R: 20-29s-16e Scale: 1 "=400' cor www.MyCMyCl learwaterer.com 6/3/2008 -- 4:20 PM Attachment number 2 Page 1 of 1 W F ? 0 0 ai rn m 0 0 o o O if) 0 0 o o O LL6 0 0 ° ° ° N ° 2 ? 0 0 0 o o LL? 0 0 0 0 u? O 0 0 0 o o O 0 0 0 v m ? 0 0 0 u? N ? 0 0 0 u? m V 0 0 0 O o V ° ° ° M ? O O 0 o O LO O O 0 u? r M 0 o 0 o o of 0 0 0 ro m O 0 0 0 o u? 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O N ro m (O (O o n r Attachment number 3 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we SUNSHINE PIPE CORPORATION Contractor and MERCHANTS BONDING COMPANY (Surety) whose home address is 2100 FLEUR DRIVE, DES MOINES, IOWA 50321-1158 HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: ONE MILLION, EIGHT HUNDRED NINETY-THREE THOUSAND, FIVE HUNDRED TWELVE DOLLARS AND FIFTY CENTS ($1,893,512.50) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the , day of 2010, entered into between the Contractor and the City of Clearwater for: TROPIC HILLS STORMWATER OUTFALL PROJECT - 09-0018-EN a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page I Item # 12 Attachment number 3 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 20 SUNSHINE PIPE CORPORATION CONTRACTOR ATTEST: WITNESS: COUNTERSIGNED: By: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 12 Attachment number 3 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 2010 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and SUNSHINE PIPE CORPORATION. of the City of SAFETY HARBOR, County of PINELLAS and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: TROPIC HILLS STORMWATER OUTFALL PROJECT - 09-0018-EN - FOR THE SUM OF: ONE MILLION, EIGHT HUNDRED NINETY-THREE THOUSAND, FIVE HUNDRED TWELVE DOLLARS AND FIFTY CENTS ($1,893,512.50) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 12 Attachment number 3 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 12 Attachment number 3 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 Item # 12 Attachment number 3 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of SUNSHINE PIPE CORPORATION a Florida Corporation, with its principal place of business located at 1713 BERMUDA COURT, SAFETY HARBOR, FLORIDA 34695-4824 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 2010, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of TROPIC HILLS STORMWATER OUTFALL PROJECT - 09-0018-EN That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me SUNSHINE PIPE CORPORATION AFFIANT This day of , 201_ BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 12 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract for professional planning services pursuant to Clearwater RFP 12-10, Strategies and Actions to increase Energy Efficiency,to Renaissance Planning Group of Tampa, Florida, approve initiation of the work described in the Scope of Services for a lump sum fee of $214,605, and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 21, 2009, the City was awarded a U.S. Department of Energy Block Grant for several projects including a planning project to address citywide energy efficiency, conservation and mobility (Project 181-99858). This Planning and Development Department project involves amendments to the Clearwater Comprehensive Plan (Phase I) and Community Development Code (Phase 11) pursuant to Florida House Bill 697 provisions of Chapter 163, Florida Statutes, and Florida Senate Bill 360 (2009). Under these provisions, local governments must develop strategies and actions that address energy efficient land use patterns, transportation and housing; reductions in greenhouse gases; energy conservation; renewable energy sources; and mobility. The project will build on existing City programs and initiatives to improve community sustainability and livability including the Mayors' Climate Protection Agreement, Green City Certification and energy conservation policies in the Comprehensive Plan. On April 2, 2010, the City issued Request for Proposal (RFP) 12-10 delineating the following general project services to be provided by the consultant: Perform existing condition and trend analyses pursuant to HB 697, SB 360 and Chapter 163, Florida Statutes; Develop greenhouse gas reduction and mobility strategies; Develop Comprehensive Plan goals, objectives and policies for transmittal to the Department of Community Affairs (DCA) and adoption by City Council; and Engage the public in the technical analysis and policy development processes. Notice of the RFP was posted on the City's website on April 2, 2010, advertised in the St. Petersburg Times on April 8, 2010 and mailed directly to 12 Florida planning firms. Nine firms submitted proposals by the May 3, 2010, proposal deadline including: 1) AECOM (Orlando); 2) Calvin, Giordano & Associates, Inc. (Fort Lauderdale); 3) Genesis Group, Inc. (Tampa): 4) HDR (Tampa); 5) Jack Faucett Associates (Bethesda, MD); 6) Jacobs & Tindale-Oliver & Associates (Tampa); 7) Renaissance Planning Group (Tampa); 8) VHB Miller Sellen (Orlando); and 9) Wade Trim, Inc. (Tampa). On May 7, 2010, the City's Evaluation Committee short-listed AECOM, HDR, Renaissance Planning Group, and VHB Miller Sellen. References were checked and the firms were invited to present their qualifications and project approach to the Evaluation Committee on May 13, 2010. The firms were ranked using a point system with four criteria: Project Approach (30 points); Qualifications and Experience (30 points); References (25 points); and Fee (15 points). The top ranked firm was Renaissance Planning Group. The Renaissance Planning Group team demonstrated strong capabilities in the three major technical areas requested (i.e., Florida growth management planning, multimodal mobility planning and greenhouse gas science). Additionally, Renaissance Planning Group team has recent, relevant projects with the City and Pinellas County, including the City of Clearwater Greenhouse Gas Inventory and Pinellas County MPO 2035 Long Range Transportation Plan; working knowledge of City operations and staff; and working relationships with governmental agencies that will Wrticipate in the project planning and adoption processes (e.g., Pinellas County MPO, Florida DCA, FDOT and TBARTA).Cover emo Item # 13 The Evaluation Committee recommends that the City Council award the contract to Renaissance Planning Group. The U.S. Department of Energy Block Grant funding for the project (Phase 1 and Phase 2) is $350,000. The scope of services and contract with Renaissance Planning Group addresses Phase I of the project for a lump sum fee of $214,605. The balance of the grant funds will be reserved for Phase 11, at which time the City has the option of extending the contract with Renaissance Planning Group or selecting another firm. Type: Other Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: 214,605.00 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0181-99858 214,605. Bid Required?: Yes Bid Number: RFP 12-10 Other Bid / Contract: Bid Exceptions: None Review 1) Legal 2) Clerk 3) Office of Management and Budget 4) Financial Services 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 6 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made and entered into at Orlando, Florida, this _ day of June, 2010, by and between City of Clearwater, hereinafter referred to as "CLIENT" and Renaissance Planning Group, Inc., a corporation with a principal place of business at 121 S. Orange Ave., Suite 1200, Orlando FL 32801 and existing under the laws of the State of FLORIDA hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CLIENT wishes to obtain General Land Use and Transportation Planning Consultant Services; and WHEREAS, the CLIENT desires to engage the CONSULTANT to perform certain professional services pertinent to such work as requested on a either a Project Lump Sum or a Time and Reimbursable basis, the former which shall be attached as an Exhibit and made a part hereof by reference, and in accordance with this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT A. The relationship of the CONSULTANT to the CLIENT will be that of a professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable land use and transportation planning practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, and employees shall be independent contractors at all times. B. Professional and Technical Services: It shall be the responsibility of the CONSULTANT to work with the CLIENT and apprise it of solutions to technical problems and the approach or method to be used towards accomplishment of the CLIENT'S objectives as set forth in each Project, which is made a part of this Agreement upon execution by both parties. C. The CONSULTANT shall be responsible for the professional quality; technical accuracy; timely completion; compliance with regulations, codes, and rules; and the coordination with all appropriate agencies of all designs, drawings, specifications, reports, and other services furnished by the CONSULTANT under this Agreement. If the CLIENT determines there are any errors, omissions, or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the 1 Item # 13 Attachment number 1 Page 2 of 6 CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CLIENT. D. Approval by the CLIENT of drawings, designs, specifications, reports, and incidental planning work or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CLIENT'S review, approval, or acceptance of or payment for any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. E. The CONSULTANT shall be and remain liable in accordance with applicable law for all damages to the CLIENT caused by the CONSULTANT'S negligent performance of any of the services furnished under this AGREEMENT. F. The parties recognize that the CONSULTANT is an independent contractor. The CONSULTANT agrees to indemnify and hold harmless CLIENT of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of the CONSULTANT, its agents, officers, subcontractors, employees, and independent contractors. II. GENERAL CONSIDERATIONS A. All original sketches, drawings, computations, details, design calculations, and other documents and plans that result from the CONSULTANT'S services under this AGREEMENT shall become and remain the property of the CLIENT, including copyright rights, upon receipt of payment by the CONSULTANT from the CLIENT for services rendered in connection with preparation of said sketches, drawings, etc. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CLIENT upon request. B. CONSULTANT, at its own expense, shall procure and maintain the following insurance: 1. Workman's Compensation insurance as required by the laws of the State of Florida. 2. Comprehensive public liability including contractual liability and liability arising out of use of owned and non-owned automobiles in the amount of not less than $1,000,000 combined single limit for bodily injury and property damage for anyone accident or loss. 3. Professional liability (errors and omissions) insurance with a limit of not less than $1,000,000 per occurrence. C. The CLIENT acknowledges that the materials cited in Paragraph II. A. above which are provided by the CONSULTANT are not intended for use in connection with any project or purpose other than the project and purpose for which such materials are 2 Item # 13 Attachment number 1 Page 3 of 6 prepared. Any use by the CLIENT of such materials in connection with a project or purpose other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CLIENT'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. D. The CONSULTANT agrees to cooperate with the CLIENT and other CONSULTANTS providing services to the CLIENT in accomplishing work that may require joint efforts to accomplish the CLIENT'S goals. This cooperation, when requested by the CLIENT, will include but not be limited to: 1. Sharing technical information developed under contract with the CLIENT. 2. Joint meetings for project coordination. 3. Establish lines of communication. III. COMPENSATION A. Services shall be compensated in accordance with a negotiated Project lump sum or time and materials charges with established hourly rates. METHOD I -PROJECT LUMP SUM Lump Sum Amount When requested by the CLIENT to conduct a Project, the CONSULTANT shall prepare a thoroughly defined and outlined Scope of Services to the CLIENT prior to the Project's authorization. The CLIENT and CONSULTANT shall mutually agree to a Lump Sum amount for services to be rendered and a detailed scope of services. METHOD II -TIME AND REIMBURSABLE CHARGES Computation of Time and Reimbursable Charges - When a service is to be compensated for on a time and reimbursable charge basis, the CONSULTANT will provide an estimated cost to the CLIENT for prior approval. It is anticipated that the total cost to the CLIENT for the performance of time and reimbursable charge services including, but not limited to time charges, professional associates, and other reimbursable costs as noted in III.C will not exceed the estimated costs; and the CONSULTANT agrees to use its good faith effort to perform said work within said estimated costs. If, as the actual work progresses, the CONSULTANT has reason to believe that the cost for the task will be greater than estimated, the CONSULTANT shall notify the CLIENT to that effect, giving the revised estimate of such cost for said work and, upon acceptance by the CLIENT, the revised estimate shall become the estimated cost which the CONSULTANT will use in good faith effort not to exceed. 3 Item # 13 Attachment number 1 Page 4 of 6 B. Sub-contractual services shall be invoiced at the actual fees paid by the CONSULTANT with no mark-up in fees. Sub-contractual services will be approved by the CLIENT prior to performance of the sub-contractual work. C. Reimbursable expenses shall be invoiced at the actual expenditures incurred by the CONSULTANT as follows: 1. Expense of transportation and lodging, long distance calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the project. 2. Expenses of reproductions, postage, and handling of drawing, graphics and reports including duplicate sets for the CLIENT'S review and approval. 3. Expense of overtime work requiring higher than regular rates, when authorized by the CLIENT. 4. Expense of models for the CLIENT'S use. 5. Expense of computer time. IV. PAYMENT Payments for professional services, sub-contractual services, and reimbursable expenses as defined in Section III shall be in accordance with the Florida Prompt Payment Act, F.S. Sections. 255.0705-255.078. The CONSULTANT shall submit monthly invoices or other periodic invoices including a report of work completed during the respective invoice period. The report shall be adequate in detail to describe work progress. V. RECORDS Records of all expenses relative to all services performed under this AGREEMENT shall be kept on a generally recognized accounting basis and shall be available to the CLIENT or its authorized representative at mutually convenient times. VI. SUSPENSION, CANCELLATION OR ABANDONMENT This AGREEMENT may be terminated in whole or in part in writing by the CLIENT for its convenience, provided, that the CONSULTANT is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the CLIENT prior to termination. In the event the project described in the Scope of Services, or the Services of the CONSULTANT called for under any ADDITIONAL SERVICES AUTHORIZATION is or 4 Item # 13 Attachment number 1 Page 5 of 6 are suspended, cancelled, or abandoned by the CLIENT, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation, or abandonment. Upon receipt of a cancellation action, the CONSULTANT shall (1) promptly discontinue all services affected (unless the notice directs otherwise) and (2) deliver or otherwise make available to the CLIENT all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONSULTANT in performing this AGREEMENT, whether completed or in process together with all other material and property belonging to the CLIENT and in the CONSULTANT'S possession. The CLIENT may take over the work and prosecute the same to completion by agreement with another party or otherwise. VII. INTEREST OF THE CONSULTANT The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. VIII. ASSIGNABILITY The CLIENT and CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT; and, neither the CLIENT nor the CONSULTANT will assign or transfer their interest in this AGREEMENT. 5 Item # 13 Attachment number 1 Page 6 of 6 IN WITNESS WHEREOF, THE CLIENT and the CONSULTANT have executed this Agreement as of the day and year first written above. ATTESTED By: Print Name: CITY OF CLEARWATER By: Signatory's Name and Title WITNESS: By: RENAISSANCE PLANNING GROUP, Inc. By: Frank W. Kalpakis, AICP Principal,/Director Print Name: 6 Item # 13 Attachment number 2 Page 1 of 9 SCOPE OF SERVICES STRATEGIES & ACTIONS TO ENHANCE MOBILITY, INCREASE ENERGY EFFICIENCY & CONSERVATION, & REDUCE GREENHOUSE GAS EMISSIONS CITY OF CLEARWATER PROJECT PURPOSE The purpose of this Scope of Services is to provide support to the City of Clearwater ("City") in developing strategies and actions to enhance mobility, increase energy efficiency and conservation, and reduce greenhouse gas emissions. Renaissance Planning Group and ECO,ASSET SOLUTIONS (together the "Consultant") will conduct relevant analyses, develop reports and other materials, and engage community stakeholders to complete this project. The City has already made a commitment to pursuing sustainable and environmentally conscious policies and programs and is undertaking this planning process to further this commitment through satisfying the greenhouse gas and energy conservation requirements of Florida House Bill 697 (HB 697) and the mobility planning requirements of Senate Bill 360 (SB 360). By conducting a greenhouse gas (GHG) inventory and GHG reduction strategy concurrently with a land use and mobility strategy, the City will explore new ideas and take advantage of new kinds of decision-making information. The Consultant and the City (together the "Project Team") will develop an approach to analyzing and understanding these issues in a measured and thorough way using the analytical tools and data described in this Scope of Services. The process will produce metrics for a greenhouse gas inventory and integrated land use and transportation analysis, and will be accompanied by tools and information the City can use to monitor its progress toward reduction targets and develop measurable objectives for the Comprehensive Plan. GREENPRINT FOR SUSTAINABILITY In addition to the technical and policy-related work, the Consultant will present and articulate the study findings in ways that resonate with the City's community members, elected officials and planning partners. The Consultant will develop a Greenprint for Sustainability, which will provide the necessary framework for action. It will include measurable goals for greenhouse gas emission reductions, energy efficiency and conservation, waste reduction and localized production and consumption. In addition, the Greenprint will address the relationship between land use and transportation, putting forth recommendations to ensure a complete transportation network and built environment that will result in predictable and desirable levels of walking, bicycling and transit use. The Greenprint will be the basis for understanding, communicating and building consensus for recommended strategies. At the beginning of the study process, the Greenprint will be used as a policy framework identifying GHG and energy efficiency issues, establishing sustainability goals, and creating preliminary strategies, measures and policies. As the study progresses, it will then be used to communicate the benefits of various strategies. The Greenprint will also be used to support the development of specific Comprehensive Plan policies that address HB 697 and SB 360. It will be a branded effort that will include a set of published documents, website content and meeting materials intended for public consumption. Highly technical or detailed information will be included as appendices or separate deliverables. Greenprint for Sustainability Scope of Services J erg ea -1 0 Attachment number 2 Page 2 of 9 APPROACH TO COORDINATION AND DECISION-MAKING The Project Team will design, organize and implement a strategy for effective public participation, agency coordination and decision-making. The City will identify members of the community and partner agencies to participate in a Steering Committee that will be engaged throughout the study. The Steering Committee will assist the Project Team in identifying issues and opportunities and assisting with the development of Greenprint goals, measures and strategies. These activities will be done in conjunction with two public outreach periods that will each include online and direct communications, opinion surveys, interactive open houses and a speakers' bureau. The Consultant will prepare materials for and conduct all of the Steering Committee meetings and interactive open houses. The Consultant will also prepare materials for the City to present the study findings to various groups within the community. The Project Team will identify points of contact and key staff from relevant public, quasi-public and private agencies and organizations, and engage them to collect data and ensure early and ongoing coordination at important milestones in the process. The results of the study will be presented to the City Council at key milestones. The Consultant will be present at these meetings and assist the City with compiling and presenting decision-making information. TASK 1: COMMUNICATION, DATA AND ANALYSIS Project Initiation, Management and Coordination The project team will hold a kick off meeting with the City Project Manager and other appropriate staff from the City to initiate the project, establish expectations and organize for the GHG inventory and forecast. At this meeting, the project team will define the boundaries for the greenhouse gas inventory, establish the baseline and forecast year, identify data sources, location, format and availability, compile a preliminary list of current practices affecting energy and GHGs, and determine a timeline for data collection, analysis and other milestones. The Project Team will hold six (6) face-to-face coordination meetings with the City staff, including the kick off meeting. The Consultant will prepare for and conduct four (4) Steering Committee meetings throughout the course of the study. The City will identify and manage a list of the Steering Committee members for the project. The meetings will be held at a location of the City's choosing. The Consultant will prepare agendas and methods for engaging the Steering Committee in the study. Deliverables: Detailed project schedule; six (6) Project Team and four (4) Steering Committee meetings preparation and attendance Documentation, Communication and Community Education The project team will create a branded set of products for the Greenprint for Sustainability. This will include a look and feel and an overall message and purpose statement. The initial products will include colors, report format and style. The theme will relate to existing logos (City of Clearwater or Think Green). Using the theme, the Consultant will produce professional quality and coordinated materials throughout the study, including a PowerPoint presentation template, standard report cover and template, display boards, cut sheets on study topics, and technical memoranda. The Consultant will assist the City in establishing a web presence for the project on the City's website by recommending a structure for a page within the City's official site. The Consultant will create summary information appropriate for the page that is based on the Greenprint structure and content. Greenprint for Sustainability Scope of Services J erg ea 22 0 Attachment number 2 Page 3 of 9 Deliverables: Project brand and templates; project webpage content Community-Wide GHG Analysis Tool A user-friendly GHG calculator tool will be developed for the City of Clearwater. The Microsoft Excel-based calculator will be developed to automatically quantify the City's community-wide emissions and generate graphs and tables when new data are input into the appropriate cells. The Consultant will provide instructions on how to use the tool to conduct future inventories and training will be provided to the Project Team in conjunction with a coordination meeting. Deliverables: Greenhouse gas calculator tool and supporting data Data Collection, Validation and Refinement The Consultant will request necessary data from the City staff, other agencies and local utilities to conduct the community-wide GHG inventory and quantify the GHG reduction impacts of existing programs and policies. All data maintained by the City must be provided in ready-to-use electronic format (Microsoft Excel Spreadsheets). The Consultant may provide templates to City staff to facilitate the data collection process. The key categories that will be evaluated for inclusion in the community-wide inventory are electricity, natural gas, transportation, solid waste and wastewater. The baseline for the greenhouse gas inventory will be 2007. The Consultant has already obtained electricity, natural gas, transportation and solid waste data for the City of Clearwater's residential, commercial, and industrial sectors. The Consultant will need data from the City of Clearwater's wastewater treatment facilities and heavy industrial users (i.e. cement and steel industries, etc). The Consultant will rely on the City and the Pinellas MPO to provide the inventory of sidewalks, bicycle lanes and roadway characteristics. Data with a geospatial component will be organized and managed using ArcGIS database, which will ensure all of the appropriate layers of information are relatable and organized. The cost of the task includes setting up that database, establishing and populating the grid cell network for CorPlan, and establishing conventions and styles for mapping information. The Consultant will refine and structure data as necessary to make it compatible with the tools and methods to be used for the GHG inventory and the integrated land use and transportation analysis. Deliverables: GIS database; CorPlan structure and data; project map templates; base data for greenhouse gas inventory Existing Conditions Analysis With assistance from the City, the Consultant will compile a comprehensive a list of the City's conservation practices to date that are responsible for mitigating energy consumption and greenhouse gas emissions. The Project Team will compile the list of practices from both the initial kick-off meeting as well as documents that will include, but are not limited to, the City of Clearwater Comprehensive Plan, City of Clearwater Community Development Code, City of Clearwater Green Team recommendations and actions, City programs and policies including recycling, waste reduction, resource conservation programs, green design, and energy efficiency programs, and steps accomplished toward Local Government Green Certification. Using readily available data from the City, the Consultant will quantify the impact of the practices and programs on the GHG baseline and rank the effectiveness of current practices and programs in mitigating energy consumption and greenhouse gas emissions. The Consultant will document the background research, information and conclusions and relate City practices to potential private sector programs, policies and practices. Deliverables: Existing conditions assessment Greenprint for Sustainability Scope of Services A J URTg ea e Attachment number 2 Page 4 of 9 Baseline, Forecast and Goal Setting Based on the initial meeting, a "Key Category" analysis will be conducted using the most up-to-date scientific methodologies. The Consultant will use greenhouse gas accounting protocols published by The Climate Registry, ICLEI, U.S. DOE's 160Sb, IPCC, and additional peer-reviewed scientific methodologies and computer models. The project team's approach will be to use methodologies that represent the highest `tier' for available data. Community-wide GHG emissions will be forecasted for 2035 using population growth projections from Pinellas County and any that exist from the City of Clearwater Planning Department. All results will be imported into ArcGIS 9.3 to create a geospatial database. Emissions data will be linked to geographic data (parcels, building footprints, etc.) and presented in map form where possible. Additionally, all raw data and analysis will be provided to the City in Microsoft Excel format. All results will be compiled into a technical report that includes the community-wide inventory with GHG emissions summarized by category, by sector, and per capita; a business-as-usual forecast of greenhouse gas emissions for the Clearwater community; a detailed methodology; and recommendations on how to conduct inventory process in future years. The Consultant will use the baseline and business as usual forecast to frame a discussion of reduction targets for the community as a whole and for each element. The reduction goals will be tested for viability in Task 2 based on the strategies identified after Task 1. The Consultant will prepare for and conduct an Interactive Open House meeting to review the findings of Task 1. The materials will include an opinion survey, which will be conducted online and available in paper form. The meeting will include stations by topic area that will be staffed by the Project Team and select members of the Steering Committee. The Consultant will create a form of structured feedback on the topics and document the results of the meeting. No formal presentation will be given as the meeting is a come and go as you please format. The City will be responsible for identifying the means by which the meeting will be advertised and promoted and secure a location. The Consultant will produce a flyer announcement, logistics plan and instructions for facilitators. The Consultant will coordinate the production, delivery and City review materials for all of Task I in conjunction with Steering Committee meeting I (kick off), Steering Committee Meeting 2 (Task I review), and the Interactive Open House 1. Deliverables: Baseline GHG inventory and forecast, including initial GHG reduction goals; Draft and Final Greenprint Issues; Interactive Open House materials; opinion survey; presentation to City Council TASK 2: STRATEGY TESTING AND DEVELOPMENT Energy Efficient Mobility and Land Use Strategies The Consultant will use a set of tools for the land use and transportation analysis and mobility strategies, including CorPlan, CorMap and MOVES. The tools will take advantage of and integrate various sources of data, including the existing and future land use, property appraiser data, data from the Tampa Bay Regional Planning Model, existing and planned transportation networks, utilities data and other sources. All three tools are open source applications that can be used by the City without cost after the project is complete. CorPlan will be used to support a number of the measures and strategies. For the transportation analysis, it will be used to conduct a multimodal mode choice propensity score that varies based on use, context and the quality of the transportation network. The information will be separated by trip purposes, be related to the assumptions in the travel demand forecasting model, and provide input into CorMAP. The results of the Greenprint for Sustainability Scope of Services A J URTg ea eI Attachment number 2 Page 5 of 9 analysis will be used in the transportation component of the GHG inventory and forecast. The results will also be used to provide a rational basis for Comprehensive Plan policies. The Consultant will use the data to conduct a proximity analysis for walking and transit and analyze jobs-housing balance, providing clues for where and how much to incentivize new housing or employment so as to create compact, mixed-use and demonstrably multimodal places. The CorPlan results will also be used to estimate mode choice. CorMAP will be used to create the VMT output that is needed for MOVES. A planning area will be established for Clearwater using traffic analysis zones that are a subset of the zones in the travel demand forecasting model. Trip purposes and origins and destinations will be broken out by category. The Consultant will be able to distinguish between trips that start and end within the City, originate or end in the city with another trip end outside the City, and those that are just passing through the City. The trips will be further broken down into work and non-work trips. The Consultant will test the VMT impact of assuming different percentages of walk or transit trips. MOVES will be used to measure the GHG characteristics of the vehicle component of the transportation system. MOVES permits fuel type assumptions for the vehicle fleet, giving the user the ability to test future fleet fuel characteristics and the GHG benefits that would result relative to the trend. Deliverables: Parcel level and CorPlan grid cell geospatial data and analytical findings (e.g. walkability index, areas of transit adjacency for existing and planned bus and rail, station areas and TOD development potential forecasts, transit supportive areas present and future, energy conservation area recommendations, redevelopment potential); CorMAP data, tool and multimodal strategy test results (e.g. base year and future VMT and VMC, VMT reduction based on various multimodal strategies, length and location of work trips; percentage of pass through traffic on major facilities; effect of different trip generation rates on VMT and VMC); MOVES results on GHG reductions Energy Efficient Design and Construction The Consultant will summarize and compare the State requirements, the LEED rating system, and other best building practices to determine an appropriate course of action for the City. The result will be a recommendation to adopt or expand upon systems in place or to produce something unique to the City. Deliverables: Assessment and recommendation for changes and additions to the building efficiency standards the City is required to use Potential for Renewable Energy and Energy Conservation The Consultant will evaluate the potential for renewable energy, including, but not limited to, solar, landfill gas, and biomass energy. For solar power, the potential capacity of solar power will be calculated by using ArcGIS to measure roof surface area and pitch of buildings throughout the City. From there we will be able to calculate an amount of solar energy that can be produced in the City. For energy efficiency, the project team will calculate the amount of energy savings that can be achieved through various levels of retrofitting. Next, the Consultant will also identify policies and programs that incentivize property owners to install renewable energy systems and retrofit existing buildings with energy efficiency measures. Since financing is often one of the main barriers to both renewable energy and energy efficiency, the Consultant will conduct a feasibility study to implement an energy finance program in Clearwater. The study will analyze energy and demographic data to prioritize cost-effective improvements and neighborhoods that would be most likely benefit from such a program. In addition, the Consultant will set up a format for citizen and business reporting of the conservation measures they have taken on their properties. Without some type of voluntary feedback or Greenprint for Sustainability Scope of Services JR URT ea gft Attachment number 2 Page 6 of 9 reporting mechanism, the City will have no way of tracking the amount and type of individual measures that are being employed in community. Deliverables: Rooftop and other renewable energy resource analysis and data; recommended incentives and programs; energy finance program feasibility assessment Recd cling and Waste Reduction The Consultant will assess the effectiveness of the existing City recycling program and establish a baseline rate of recycling for the community. The baseline will include differentiating factors and information for residential and non-residential waste. The Consultant will analyze the types of solid waste being produced and the potential for the waste to be reduced, reused or recycled, and recommend policies and programs that address the opportunities and challenges. In addition to recommending ways to reduce waste and to recycle waste, the analysis will include the opportunity for household, business or community composting. Deliverables: Waste reduction, recycling and composting analysis; recommended incentives and programs Natural Resource Conservation The Consultant will analyze and measure the potential for reducing the use of potable water for household and commercial purposes. The work will build on what the City has already done to forward the use and availability of reclaimed water to summarize and present the benefits and potential for this program. The Consultant will also calculate the potential to reduce the need for metered water through different types of landscape installations, rainwater harvesting systems, and low flow faucets, fixtures and appliances. Participation rates for programs already in place will be estimated and goals will be set for increased participation. A measured water and energy savings benefit will be calculated. The calculations will be based on a GIS analysis of existing property characteristics. The Consultant will also recommend strategies to sequester carbon through increasing the size and improving the effectiveness of the urban forest and natural areas within the City for this purpose. Deliverables: Water use and reduction analysis; carbon sequestration strategies, recommended incentives, policies and programs Sustainable Food Production The Consultant will estimate the potential amount and nature of local food production in Clearwater. The emphasis will be on the capacity, skills and resources needed for individuals to grow their own food and the circumstances the City can create to support them. While the community may only be able to meet modest goals in this area, there is significant room for awareness and improvement. The Consultant will recommend programs and partnerships that have been employed in other communities with a specific focus on what the City can be doing to promote local food production and consumption. The assessment will also include recommendations for supporting local sources of food from the region and the state. Deliverables: Sustainable food production strategy; recommended incentives and programs Implementation Strategies, GHG Analysis and Prioritization The Consultant will create a draft set of recommended strategies. Each of the strategies will be tested and assessed for GHG reduction and energy efficiency benefits. Based on the findings, the Project Team will revisit the GHG reduction goals and determine how the strategies are accomplishing the reduction targets for each sector. The Consultant will integrate the output of the analytical tools to allow for adjusting the goals and benefits of the strategies as needed to meet the overall reduction target and the targets for individual sectors. Greenprint for Sustainability Scope of Services A J UUTg ea E Attachment number 2 Page 7 of 9 While there are various strategies that the City of Clearwater can adopt to comply with FIB 697, the Project Team will prioritize those strategies that are both feasible and have a significant impact on the GHG baseline. Using the best available data, the Consultant will evaluate and quantify energy/ greenhouse gas emission reductions for the recommended strategies. This evaluation will be valuable in assessing what short and long term strategies the City should implement to reach its GHG reduction targets. Deliverables: Draft and final report on strategies, measures and effect on GHG reduction goals by sector and community; refinement and finalization of Greenprint materials TASK 3: COMPREHENSIVE PLAN AMENDMENTS SuIporting Documentation and Materials The Consultant will take the materials from Greenprint documentation and supplement them with reported information from the land use and transportation analysis. The purpose of this information will be a record of the analysis conducted to support the FIB 697 and SB 360 recommendations for the Comprehensive Plan Future Land Use, Transportation, Conservation and Housing Elements. The SB 360 documentation will include the mobility plan requirements, which will be based on Comprehensive Plan policies, a description of the context- sensitive, performance-based multimodal development review process, and the approach to changing Community Development Code regulations. The task also includes preparing materials for Interactive Open House 2, which covers the Greenprint and the Comprehensive Plan recommendations. This will give the City the opportunity to present a comprehensive and coordinated set of strategies to the community that will deal with how to visualize and work toward a sustainable future (Comprehensive Plan) and how to generate awareness of and a call to action for the greenhouse gas reduction and energy efficiency measures (Greenprint). The materials will be produced in conjunction with two Steering Committee meetings one prior to the Open House and one prior to adoption of the Greenprint and transmittal of the Comprehensive Plan amendments. Deliverables: Comprehensive Plan report documenting analysis substantiating FIB 697 and SB 360 policies; presentation to City Council; Interactive Open House 2 materials; opinion survey 2; preliminary recommendations for how the Comprehensive Plan policies should be implemented in the Community Development Code and other processes, policies, plans, standards and programs Goals, Objectives and Policies The cost of drafting Comprehensive Plan policies is included in the overall fee estimate. The project team will base recommended text changes and provide required maps for the Comprehensive Plan amendments for FIB 697 and SB 360. Deliverables: Comprehensive Plan amendments draft and final; presentation to City Council PROJECT SCHEDULE AND BUDGET The project schedule will be determined based on the need to finalize Comprehensive Plan amendment materials in advance of the Community Development Board Public Hearing in February 2011. The Consultant will perform the work described above for a lump sum fee indicated on the attached Fee Summary. The Consultant will submit monthly invoices identifying percent completion by task, supported by a progress report of work accomplishments. Greenprint for Sustainability Scope of Services JR URT eg? Vl y (fl N f? M O r N O O O r- M O (D O M N N M O m w N N CO CO O O fl- h O M V N O CO LO O p CO M V M (fl f- CO N Cl) V V 00 CO N N CO 00 LO CO U L M M M CO V V N M N 'a 0 tl) r N J ? E!-7 EA ER ER ER ER EA ER ER ER ER ER ER ER ER ER ER ER ER EH EH 0 0 0 0 C O 11 O CO (a 00 C M C M _O ?' CO CO N N O M N w't O't 't 't w 00 M O 00 0) p N i ?2 00 N d d Q C O V l U y 0 6 1 CO) R 0 r C ) Cl) , O C E A) co x I O U m m c c N o w 0 ? .m w m F o U 9 0) m C O LL U Q F ) LL D 00 N V V N O N V co V l V C ) o co C a O N (fr d . Q V ER W V 'IT M O M N N N O O O M O 'IT O N N V N V V V V M C c a w _O L M O 00 00 CO N N N V V co N co CO O M d y V d N V M M I? 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C +' C N u) 0 O) O o Q C N W U N j m o m C 0 E C N O V a) U N J ? O O y d O N C7 N N p m t6 C '=6 >. 'v ? d . - LL ? -p Q c - N d o o m -m c .= c op j c in >m Q 'v E y c> C o U >, N > o U. y u j c °- N o =o J E 'p J 2 o O O) O C N m U LL ` , a) I N O m 1 2o z U c p 0 N m> c X m o U- Q ? ? -? ,. w c? o of a ? a i a i T a a i C7 m m m 1° n a o m n O? o E 2 i o O a a o x a ) ? IL CD 0 W ED ED u) r u) (7 co E a) i A i a Q L d LL II C 7 O a•+ C V ? O O V O = Z s v ? v ?• O 3 O II a I N Q 7 ' ? ?? ? I (? IIIIIIIIIIIIIIIIIII '1V' co E a> i O w d w w O a+ H V H d a+ O V Attachment number 5 Page 1 of 1 DOE GRANT - PHASE I (Planning - Agenda Item 10.1) Guiding Principles/objectives 1. This project will address unfunded state mandates (HB 697 and S13360). 2. This project will analize and provide future direction for creating a sustainable apprach to land use and transportation including green house gas inventory and reductions. 3. This project will lay the foundation for strategies and actions to address post currency mobility and prepare for transit oriented development. 4. This project will priovde direction for community development code. changes to implement the provisions needed to address these issues. 5. This project will emphasize public engagement in developing the strategies and approaches necessary to accomplish these objectives. Item # 13 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2009/2010 Operating and Capital Improvement Budgets at mid year and pass Ordinances 8187-10 and 8188-10 on first reading. SUMMARY: The fiscal year 2009/2010 Operating and Capital Improvement Budgets were adopted in September 2009 by Ordinances 8100-09 and 8101-09. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outline the issues at mid year that require amendment. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 3 Mid Year Budget Review Fiscal 2009-10 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Mid Year Budget Review - Amended City Manager's Annual Budget Report DATE: July 1, 2010 Attached is the Mid Year Budget Review in accordance with the City Code of Ordinances. The report is based on six months of activity (October, 2009 through March, 2010) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $12,359,949. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund reserves and funds received from the Special Development Fund and Central Insurance Fund to redeem almost $12 million in outstanding debt. $3.9 million of General Fund reserves are allocated for the redemption of City of Clearwater Improvement Revenue Bonds, Series 2008 which was approved by the City Council on March 4, 2010. In addition, $7,570,000 of funds allocated from the Special Development Fund and Central Insurance Fund reserves are transferred to the General Fund and then allocated to the debt service funds to redeem Series 2001 bonds. In addition, increases to General Fund expenditures result from the allocation of General Fund reserves in the amount of $8,350 for Council member offices, $100,000 for unsafe structures, and $808,592 for the Honeywell performance contract. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2009 books, and the allocation of reserves noted above, estimated General Fund reserves at mid-year are approximately $16.4 million, or 14.3% of the current year's General Fund budget, exceeding our reserve policy by $6.6 million. Significant amendments to other City Operating Funds are noted as follows. Item # 14 Attachment number 1 Page 2 of 3 Mid Year Budget Review Fiscal 2009-10 City Manager's Transmittal Gas Fund Budget amendments to the Gas Fund reflect a net decrease of almost $2 million in budgeted expenditures primarily the result of a decrease in gas commodity charges due to the current economic environment. Solid Waste Fund Budget amendments to the Solid Waste Fund reflect an net decrease of $565,720 which is primarily the result of reductions in dump fees due to lower than expected tonnages and debt savings. Recycling Fund Mid-year amendments to the Recycling Fund expenditures reflect a net increase of $103,960 due to operational savings in several areas, while revenues reflect an increase of $152,000 due to a stronger resale market. Marina Fund Mid-year expenditure amendments in the Marina Fund reflect a net decrease of $560,500 to offset the loss of revenues anticipated for the fiscal year. Downtown Boat Slip Fund Mid-year expenditure amendments in the Downtown Boat Slip Fund reflect a net decrease of $309,685 to offset the loss of revenues anticipated for the fiscal year due to the delay in the scheduled opening of the boat slip operation. Airpark Fund The airpark fund recognizes a $175,000 increase in budgeted revenue from Central Insurance Fund reserves offsetting a like increase in expenditures to fund the King settlement approved by the City Council in April, 2010. Parking Fund Mid-year budget amendments for the Parking Fund reflect the allocation of $455,700 of Parking Fund reserves to provide funding for project 315-93411, Clearwater Beach Lifeguard Building Renovations, to fund the renovation project approved by the City Council on March 31, 2010. Administrative Services Fund At mid-year, $3,448 of Administrative Services Fund reserves are allocated to cover unemployment costs for the Graphics Supervisor position which was eliminated in the current year's budget. Garage Fund The Garage Fund reflects the allocation of $205,746 of reserves to fund the Honeywell contract approved by the City Council on May 20, 2010. Central Insurance Fund At mid-year, the Central Insurance Fund operating expenditures reflect the allocation of Central Insurance Fund reserves for a total of $4,895,000 and includes: 1)The allocation of $1,750,000 of reserves to fund the Employee Health Clinic which was approved by the City Council on May 6, 2010; 2) $2,970,000 to fund the pay off of Improvement Revenue Bonds, Series 2001 which was approved by the City Council on March 18, 2010; and $175,000 to fund the King settlement approved by the City Council on April 15, 2010. Item # 14 Attachment number 1 Page 3 of 3 Mid Year Budget Review Fiscal 2009-10 City Manager's Transmittal Capital Improvement Fund Mid-year amendments to the Capital Improvement Fund reflect a decrease of $5,584,709. The decrease is primarily a result of the closing of project 362-92648, Beach Parking Garage decreasing that budget by almost $8.3 million. Now that the bond financing is no longer necessary for this garage, this project is closed. In addition, project 315-92820, Memorial Causeway Bridge Replacement, is also closed and almost $270,000 of infrastructure sales tax is returned to the Special Development Fund Project budget increases not previously approved by the Council are also summarized on page 20. The largest of these proposed increases is an increase of $208,677 of funds received from developers for public art which is being transferred from the Special Development Fund, where these funds are initially captured, to project 325-93608, Miscellaneous Minor Public Art, to provide funding for art projects downtown and throughout the City. Special Program Fund The Special Program Fund reflects a net budget increase of $2,145,542 at mid-year. Amendments include the recognition of $1,750,000 of Central Insurance Fund reserves to establish a project for the Employee Health Clinic. Other significant amendments reflect more than $381,000 for the special events and sponsorships programs in the last three months, over $146,000 from police fines and court proceeds to support public safety programs and over $154,000 in revenues for police outside duty contractual services. Item # 14 escription FY 09110 Adopted Budget First Quarter Amended Mid Year Projected Mid Year Actual Variance % Mid Year Adjustment Ame Bu( I Fund: sues 115,453,300 115,724,536 71,581,409 69,574,069 (2,007,340) -3% 12,359,949 128,0 iditures 115,453,300 115,724,536 65,198,190 63,622,754 1,575,436 2% 12,359,949 128,0 "unds: Attachment n tuber 2 Sewer Fund Page 1 of 1 sues 58,827,450 61,189,925 30,713,200 27,955,395 (2,757,805) -9% - 61,1 iditures 58,672,340 58,672,340 30,363,303 29,307,990 1,055,313 3% - 58,6 Eiter Fund sues 15,579,600 15,579,600 7,214,906 7,283,871 68,965 1 % - 15,5 iditures 15,579,600 15,579,600 10,796,688 10,630,933 165,755 2% - 15,5 id sues 42,901,470 47,952,869 21,812,424 21,995,359 182,935 1 % (1,532,610) 46,4 iditures 40,528,040 45,046,119 28,651,186 25,314,898 3,336,288 12% (1,983,300) 43,0 aste Fund sues 18,823,080 18,823,080 9,411,546 9,600,023 188,477 2% 182,000 19,0 iditures 18,759,080 18,531,318 9,736,212 8,998,716 737,496 8% (565,720) 17,9 iq Fund sues 2,949,470 3,047,291 1,304,053 1,448,753 144,700 11% 152,000 3,1 iditures 2,949,470 2,949,470 1,554,389 1,516,268 38,121 2% (103,960) 2,8 •ise Funds: =und sues 4,850,380 4,590,380 1,972,198 1,707,926 (264,272) -13% (725,500) 3,8 iditures 4,552,760 4,423,160 2,213,790 1,808,112 405,678 18% (560,500) 3,8 Fund sues 249,000 241,000 120,500 124,066 3,566 3% 175,000 4 iditures 194,070 194,070 104,748 91,980 12,768 12% 175,000 3 Nn Boat Slips Fund sues 631,260 631,260 157,610 52,798 (104,812) -67% (456,110) 1 iditures 464,230 464,230 155,020 19,373 135,647 88% (309,685) 1 Fund sues 5,405,020 8,805,020 2,440,046 1,861,300 (578,746) -24% 455,700 9,2 iditures 5,172,020 8,572,020 6,060,512 5,855,190 205,322 3% 455,700 9,0 iew Center sues 163,080 163,080 139,748 207,347 67,599 48% 152,671 3 iditures 163,080 163,080 137,490 159,307 (21,817) -16% 5,000 1 Service Funds: Services Fund sues 4,991,540 4,991,540 2,495,774 2,494,991 (783) 0% - 4,9 iditures 4,991,540 4,991,540 2,673,556 2,603,223 70,333 3% - 4,9 trative Services sues 9,430,000 9,455,846 4,715,014 4,629,991 (85,023) -2% 3,448 9,4 iditures 9,224,590 9,250,436 5,059,392 4,572,011 487,381 10% 3,448 9,2 Fund sues 12,824,540 12,824,540 6,412,272 5,899,215 (513,057) -8% 205,746 13,0 iditures 12,824,540 12,824,540 6,679,534 6,081,408 598,126 9% 205,746 13,0 Insurance Fund .. ... ,. 4r% 4014 Onn n0 nCG Onn 4A nnn CAI) 4 0 74 0 C7A /CnG nG0\ A O/ A onC nnn no 0 Attachment number 3 Page 1 of 2 MID YEAR REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2009-10 REPORT General Fund Operating Budget ................. Utility Funds Operating Budget .................... Other Enterprise Funds Operating Budgets Internal Service Funds Operating Budgets. Capital Improvement Program Budget........ Special Program Fund Budget ..................... Special Development Funds ........................ Administrative Change Orders ..................... Ordinances ................................................... Mid year budgets were projected in the following manner: PAGE # .. 3 .. 9 13 17 20 30 38 41 43 All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents six months, October 1, 2009 through March 31, 2010. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after March 31, 2010. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 17, 2009. Mid Year Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Mid Year Actual Self-explanatory. Variance Difference between Mid Year projected and Mid Year actual. Variance % % of variance to Mid Year projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Mid Year review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Item # 14 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2009/10 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2009, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Mid Year review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. 2 Item # 14 CI of Clearwater Attachment number 4 Page 1 of 3 General Fund Revenues Mid Year Amendments FY 2009/10 Increase/ (Decrease) Description Utility tax revenues are approximately 8% greater than budgeted at mid year, and approximately 11 % greater than the same period last year, primarily due to the cold winter. No amendments are proposed until additional months of revenue Utility Taxes are available for review. At mid year, license and permit revenues exhibit a 6% negative variance. This is primarily related to the Business Tax License revenue which, for the first seven months of this year, is approximately 14% less than the same period in fiscal year Licenses & Permits 2008/09. No amendments are proposed at this time. Intergovernmental At mid year, sales tax revenue reflects a 22% negative variance primarily related to the timing of revenue collection. Adjusted for timing, revenues are approximately 3% lower than anticipated for this year and 4% lower than the first six months of fiscal year 2008/09. No amendments are proposed until Sales Tax additional months of revenue are available for review. At mid year, communications tax revenue reflects a 29% negative variance due to a timing difference between actual receipts and budget revenues. Adjusted for timing, revenues are 11% less than expected for the year and 10% lower than the same period of fiscal year 2008/09. No amendments are proposed until additional months of revenue are available for Communications Tax review. Other Intergovernmental revenues are approximately as budgeted at mid year. Amendments reflect overtime reimbursements of $7,916.21 supporting the U.S. Immigrations and Customs Enforcement program, and $4,090.34 supporting the Drug Enforcement Agency which offset expenditure Other Intergovernmental 12,007 increases in the Police Department. Charges for service revenues reflect a 17% negative variance at mid year, this variance is due to reduced admissions revenue and a timing variance is in the receipt of facilities fees. Admissions revenue will be closely monitored for a possible amendment at third quarter. Revenue amendments include a $24,000 decrease in Golf Course Revenue due to the new lease with Clearwater Executive Golf Course; and a $15,000 decrease in Land Rentals due to weather effects on the operations of Sunsets at Pier 60. These revenue reductions are offset by reductions in operating expenses in the Parks and Recreation Charges for Service (39,000) department. 3 Item # 14 CI of Clearwater Attachment number 4 Page 2 of 3 General Fund Revenues Mid Year Amendments FY 2009/10 Increase/ (Decrease) Description Fines and forfeiture revenues are approximately 25% less than anticipated at mid year. This will be carefully monitored for possible amendment at third quarter once further data is Fines & Forfeitures available. Revenues from interest earnings reflect a 16% positive variance at mid year due to better than expected returns. No amendments are recommended until further activity is available Interest Income for review. At mid year, miscellaneous revenues are approximately as budgeted. Amendments reflect a reduction of $6,000 in Library Cafe Rental Income due to the 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 as Miscellaneous (6,000) approved by the Council on March 31, 2010. Mid year budget amendments reflect the following: 1) an increase of $4,600,000 transferred from the Special Development Fund and $2,970,000 in transferred from the Central Insurance Fund to provide funding to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001; as approved by the Council on March 18, 2010. This revenue increase is offset by an increase in the Non- Departmental program expenditures; and 2) the return of Interfund Charges/ $166.56 from closed special program project 188-99876, Florida Transfers In 7,570,167 Bar Student Internship. 4 Item # 14 CI of Clearwater Attachment number 4 Page 3 of 3 General Fund Revenues Mid Year Amendments FY 2009/10 Increase/ (Decrease) Description Transfer (to) from Surplus Net Transfer (to) from Retained Earnings 4,822,775 First quarter amendments reflect the following allocations of General Fund reserves: 1) An appropriation of $8,350 from retained earnings to the City Council Program to provide funding for the Councilmember 8,350 offices in City Hall as approved by the Council May 6, 2010. 2) An appropriation of $3,900,000 from retained earnings to the Non-Departmental Program to provide funding for the full redemption of outstanding City of Clearwater, Florida, Improvement Revenue Bonds, Series 2008 as approved by the 3,900,000 Council on March 4, 2010. 3) An appropriation of $100,000 from retained earnings to the Planning and Development program to provide funding for increased contractual services as approved by Council on May 100,000 20, 2010. 4) An appropriation of $808,592 of from retained earnings for project 315-94527, Honeywell Performance Contract, was 808,592 approved by the Council on May 20, 2010. 5) An appropriation of $5,833.44 from retained earnings to cover the $6,000 revenue reduction in Library Rental revenue listed above, less the return of $166.56 from closed project 181- 99876, Florida Bar Student Internship; is required to balance the 5,833 General fund at mid year Net General Fund Revenue Amendment 12,359,949 5 Item # 14 CI of Clearwater Attachment number 5 Page 1 of 2 General Fund Expenditures Mid Year Amendments FY 2009/10 Increase/ (Decrease) Description Mid year expenditure amendments reflect and increase of $8,350 to fund the cost of constructing the councilmember's offices in City Hall. The $12,350 construction estimate is offset by a $4,000 reduction in travel. The remaining expense will be offset by a travel reduction in the City Manager's proposed fiscal City Council 8,350 year 2010/11 budget. At mid year, the 8% negative variance in the Economic Development department is strictly related to timing of the payment of the tourism contracts with the Clearwater Regional Economic Development Chamber of Commerce and the Tampa Bay Partnership & Housing membership. No amendments are proposed at this time. At mid year, the 12% negative variance in the Official Records and Legislative Services department is related to the timing of Official Records and the payment to the Supervisor of Elections for services provided Legislative Services for the March election. No amendment is proposed at this time. Mid year expenditure amendments reflect a reduction of $39,000 of operating supplies and materials in the Parks and Recreation Department which offset the revenue reduction Parks & Recreation (39,000) amendments. Mid Year expenditure amendments reflect an increase of $100,000 in contractual services budget to provide sufficient funds to demolish priority unsafe structures, continue limited lot mowing/clearing through the rainy season, and provide limited emergency inspections or plan reviews in the event customer Planning and service demands dictate; as approved by Council on May 20, Development 100,000 2010. Mid Year expenditure amendments reflect an increase to overtime by $12,006.55 which is offset by revenue amendments recognizing the reimbursements received for overtime from ICE (The Department of the Treasury) and overtime from DEA (US Police 12,007 Department of Justice, Drug Enforcement Agency). 6 Item # 14 City of Clearwater General Fund Expenditures Mid Year Amendments FY 2009/10 Increase/ (Decrease) Non-Departmental 12,278,592 Description Attachment number 5 Page 2 of 2 Expenditure amendments reflect an increase in budgeted transfers of $3,900,000 of General Fund unappropriated retained earnings to the Debt Service Funds 220 and 221 for the full redemption of outstanding City of Clearwater, Florida, Improvement Revenue Bonds, Series 2008 as approved by the 3,900,000 Council on March 4, 2010. Mid year budget amendments reflect an increase in budgeted transfers of $4,600,000 of Undesignated Special Development Fund reserves and $2,970,000 of Central Insurance Fund reserves transferred to the debt service fund to provide funding to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001; as approved by the 7,570,000 Council on March 18, 2010. The budget amendment also reflects City Council approved interfund transfers of $808,592 to Capital Improvement and 808,592 Special Program projects, as follows: 1) A transfer of $808,592 of General Fund unappropriated retained earnings for project 315-94527, Honeywell Performance Contract, was approved by the Council on May 20, 2010. Net General Fund Expenditure Amendment 12,359,949 Item # 14 GENERALFUND MID YEAR REVIEW For Six Month Period of October 1, 2009- March 31, 2010 2009110 g 2009110 1 Qtr Amended Mid-Year Mid-Year Budget ' pa a Toff nunMy Amended Budget Projection Actual Variance % Ame dment Budget ENERALFUND ENERALFUND REVENUES Property Taxes 41,786,420 36,500,000 36,005,883 (494,117) -1% 0 41,786,420 Franchise Fees 10,152,000 4,281,667 4,284,541 2,874 0% 0 10,152,000 Utility Taxes 12,321,860 5,064,478 5,493,180 428,702 8% 0 12,321,860 Licenses, Permits & Fees 3,550,000 1,660,002 1,562,453 (97,549) -6% 0 3,550,000 Intergovernmental Sales Tax 5,313,000 2,213,750 1,725,247 (488,503) -22% 0 5,313,000 Communications Services Tax 6,814,600 2,839,415 2,013,938 (825,477) -29% 0 6,814,600 Other Intergovernmental 11,355,576 4,973,572 5,038,497 64,925 1% 12,007 11,367,582 Charges for Services 3,882,660 1,752,372 1,453,811 (298,561) -17% (39,000) 3,843,660 Fines & Forfeitures 677,300 326,152 244,059 (82,093) -25% 0 677,300 Interest Income 1,140,000 531,500 618,129 86,629 16% 0 1,140,000 Miscellaneous Revenues 981,500 505,756 503,826 (1,930) 0% (6,000) 975,500 Interfund Charges/ Transfers In 20,236,265 10,932,745 10,630,505 (302,240) -3% 7,570,167 27,806,432 OPERATING REVENUES 118,211,181 71,581,409 69,574,069 (2,007,340) -3% 7,537,173 125,748,354 Transfer (to) from Surplus (2,486,645) 0 0 0 - 4,822,775 2,336,130 TOTAL REVENUES 115,724,536 71,581,409 69,574,069 (2,007,340) -3% 12,359,949 128,084,484 ENERAL FUND EXPENDITURES City Council 296,570 154,081 146,703 7,378 5% 8,350 304,920 City Manager's Office 1,274,680 707,623 670,280 37,343 5% - 1,274,680 City Attorney's Office 1,623,430 839,883 657,477 182,406 22% - 1,623,430 City Auditor's Office 182,410 103,673 103,058 615 1 % - 182,410 Development & Neighborhood Sv - - - 0 - - - Economic Development & Housin 1,374,570 742,554 800,378 (57,824) -8% - 1,374,570 Engineering 7,441,890 4,095,176 4,042,695 52,481 1% - 7,441,890 Equity Services - - - 0 - - - Finance 2,195,470 1,208,585 1,187,728 20,857 2% - 2,195,470 Fire 21,760,100 12,242,964 12,292,051 (49,087) 0% - 21,760,100 Human Resources 1,108,350 596,720 548,725 47,995 8% - 1,108,350 Library 5,710,940 3,375,808 3,223,666 152,142 5% - 5,710,940 Marine & Aviation 564,440 299,461 282,521 16,940 6% - 564,440 Non-Departmental 5,136,700 3,437,756 3,532,075 (94,319) -3% 12,278,592 17,415,292 Office of Management & Budget 285,690 162,242 161,703 539 0% - 285,690 Official Records & Legislative Svc 1,087,520 583,487 651,932 (68,445) -12% - 1,087,520 Parks & Recreation 19,772,130 10,885,301 10,129,047 756,254 7% (39,000) 19,733,130 Planning & Development 4,679,890 2,596,452 2,553,221 43,231 2% 100,000 4,779,890 Police 37,421,276 21,212,794 20,816,846 395,948 2% 12,007 37,433,282 Public Communications 1,031,750 563,398 481,441 81,957 15% - 1,031,750 Public Services 2,580,000 1,390,232 1,341,207 49,025 4% - 2,580,000 Allocation to GF Reserve 196,730 - - 0 - - 196,730 TOTAL EXPENDITURES 115,724,536 65,198,190 63,622,754 1,575,436 2% 12,359,949 128,084,484 City of Clearwater Utility Funds Attachment number 7 Mid Year Amendments Page 1 of 2 FY 2009/10 Increase/ (Decrease) Description At mid year, anticipated revenues of the Water & Sewer Fund exceed Water & Sewer Fund anticipated expenditures by $2,517,585 for fiscal year 2009/10. Water and Sewer fund revenues reflect a 9% negative variance at mid year, no amendments are proposed until further months of activity Revenues: are available for review. Expenditures: No amendments are proposed at mid year. At mid year, anticipated revenues of the Stormwater Fund equal Stormwater Fund anticipated expenditures for FY 2009/10. Revenues: No amendments are proposed at mid year. Expenditures: No amendments are proposed at mid year. At mid year, anticipated revenues of the Gas Fund exceed anticipated Gas Fund expenditures by $3,357,440 for FY 2009/10. Mid year amendments to Gas fund revenues reflect a net decrease of $1,532,610 reflecting projected decreases due to fuel costs and current Revenues: (1,532,610) economic conditions. Mid year amendments reflect a decrease of $2,000,000 in Gas Commodity Charge as well as various increases and decreases to line Expenditures: (1,983,300) item budgets between cost centers for a net decrease of $1,983,300. At mid year, anticipated revenues of the Solid Waste Fund exceed Solid Waste Fund anticipated expenditures by $ 1,039,482 for FY 2009/10. Mid year revenue amendments reflect a net increase of $182,000 to adjust for higher than expected revenues, primarily related to collection Revenues: 182,000 charges and increased interest earnings. Mid year expenditure amendments reflect a net decrease of $565,720 which includes the following amendments: 1) decreases in dump fees totaling $322,020 due to the reduced amount of refuse hauled; 2) decreases in principal and interest for lease purchase debt of $107,070 due to the elimination or postponement of equipment purchases; 3) a reduction of personnel costs of $89,670 due to vacancies; 4) reductions in garage charges totaling $64,960 due to lower than expected repair costs; and 5) increases in contractual services, electricity and sanitation costs totaling $18,000 due to regulatory Expenditures: (565,720) requirements and unexpected increases. Item # 14 City of Clearwater Utility Funds Attachment number 7 Mid Year Amendments Page 2 of 2 FY 2009/10 Increase/ (Decrease) Description At mid year, anticipated revenues of the Recycling Fund exceed Recycling Fund anticipated expenditures by $353,781 for FY 2009/10. Mid year revenue amendments reflect a net increase of $152,000. These amendments are the result of the strong resale market which Revenues: 152,000 has increased the sale of recyclables. Mid year expenditure amendments reflect a net decrease of $103,960 which includes the following: 1) decreases in principal and interest for lease purchase debt of $78,960 due to the elimination or postponement of equipment purchases; 2) a $25,000 reduction to inventory purchased for resale due to reduced quantities purchased from recycling partner cities, 3) a reduction of personnel costs of $7,570 due to employee turnover; 4) a reduction of $1,900 in printing costs due to year-to-date savings; and 5) increases in garage charges Expenditures (103,960) totaling $9,470 due to higher than expected vehicle repairs. 10 Item # 14 UTILITY FUNDS Attachment number 8 Page 1 of 2 MID YEAR REVIEW For the Six Month Period of October 1, 2009 to March 31, 2010 2009/10 2009/10 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 57,291,800 28,645,896 26,654,386 (1,991,510) -7% 0 57,291,800 Non-Operating Revenue 3,898,125 2,067,304 1,206,965 (860,339) -42% 0 3,898,125 Contributions - 0 93,144 93,144 - 0 - Transfers In 0 900 900 - 0 Use of Fund Equity - 0 0 0 - 0 - Total Revenues 61,189,925 30,713,200 27,955,395 (2,757,805) -9% 0 61,189,925 Water & Sewer Fund Expenditures Public Utilities Administration 901,650 468,544 450,919 17,625 4% 0 901,650 Wastewater Collection 5,139,670 2,919,995 2,952,577 (32,582) -1% 0 5,139,670 Public Utilities Maintenance 2,988,580 1,575,072 1,543,503 31,569 2% 0 2,988,580 WPC / Plant Operations 10,588,070 5,458,348 5,348,099 110,249 2% 0 10,588,070 WPC / Laboratory Operations 1,250,130 655,532 681,708 (26,176) 4% 0 1,250,130 WPC / Industrial Pretreatment 822,910 434,295 390,198 44,097 10% 0 822,910 Water Distribution 7,904,560 4,205,492 4,248,126 (42,634) -1% 0 7,904,560 Water Supply 12,370,480 6,229,788 5,028,992 1,200,796 19% 0 12,370,480 Reclaimed Water 2,064,970 1,095,577 1,068,478 27,099 2% 0 2,064,970 Non-Departmental 14,641,320 7,320,660 7,595,390 (274,730) 4% 0 14,641,320 Total Expenditures 58,672,340 30,363,303 29,307,990 1,055,313 3% 0 58,672,340 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 14,138,310 7,069,158 7,109,760 40,602 1% 0 14,138,310 Non-Operating Revenues 291,410 145,748 174,111 28,363 19% 0 291,410 Transfers In - 0 0 0 - 0 - Use of Fund Equity 1,149,880 0 0 0 - 0 1,149,880 Total Revenues 15,579,600 7,214,906 7,283,871 68,965 1% 0 15,579,600 Stormwater Utility Expenditures Stormwater Management 4,794,760 2,441,506 2,346,678 94,828 4% 0 4,794,760 Stormwater Maintenance 10,784,840 8,355,182 8,284,254 70,928 1% 0 10,784,840 Total Expenditures 15,579,600 10,796,688 10,630,933 165,755 2% 0 15,579,600 GAS FUND Gas Fund Revenues Operating Revenues 40,386,920 21,201,428 21,414,790 213,362 1% (1,563,000) 38,823,920 Non-Operating Revenues 969,980 499,996 448,541 (51,455) -10% 390 970,370 Transfers In - 0 0 0 - 0 - Capitalized Labor 222,000 111,000 132,028 21,028 19% 30,000 252,000 Use of Fund Equity 6,373,969 0 0 0 - 0 6,373,969 Total Revenues 47,952,869 21,812,424 21,995,359 182,935 1% (1,532,610) 46,420,259 Gas Fund Expenditures Administration & Supply 29,266,700 16,570,669 13,633,317 2,937,352 18% (1,695,030) 27,571,670 South Area Gas Operations 7,509,140 5,636,730 5,577,748 58,982 1% (182,790) 7,326,350 North Area Gas Operations 3,479,160 2,747,448 2,714,451 32,997 1% (159,760) 3,319,400 Marketing & Sales 4,791,119 3,696,339 3,389,382 306,957 8% 54,280 4,845,399 Total Expenditures 45,046,119 28,651,186 25,314,898 3,336,288 12% (1,983,300) 43,062,819 11 Item # 14 UTILITY FUNDS Attachment number 8 Page 2 of 2 MID YEAR REVIEW For the Six Month Period of October 1, 2009 to March 31, 2010 2009/10 2009/10 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenue 17,923,000 8,961,504 9,085,184 123,680 1% 120,000 18,043,000 Non-Operating Revenue 652,100 326,052 390,849 64,797 20% 62,000 714,100 Transfers In 247,980 123,990 123,990 0 0% 0 247,980 Use of Fund Equity - 0 0 0 - 0 - Total Revenues 18,823,080 9,411,546 9,600,023 188,477 2% 182,000 19,005,080 Solid Waste Expenditures Collection 15,409,178 8,089,794 7,352,861 736,933 9% (540,750) 14,868,428 Transfer 1,406,550 751,140 731,130 20,010 3% (38,970) 1,367,580 Container Maintenance 777,880 420,806 438,499 (17,693) 4% 8,100 785,980 Administration 937,710 474,472 476,227 (1,755) 0% 5,900 943,610 Total Expenditures 18,531,318 9,736,212 8,998,716 737,496 8% (565,720) 17,965,598 RECYCLING FUND Recycling Revenues Operating Revenue 2,263,710 1,222,323 1,374,817 152,494 12% 152,000 2,415,710 Non-Operating Revenue 783,581 81,730 73,936 (7,794) -10% 0 783,581 Total Revenues 3,047,291 1,304,053 1,448,753 144,700 11% 152,000 3,199,291 Recycling Expenditures Residential 1,047,110 556,417 574,854 (18,437) -3% (3,360) 1,043,750 Multi-Family 527,470 277,810 270,764 7,046 3% (20,530) 506,940 Commercial 1,374,890 720,162 670,651 49,511 7% (80,070) 1,294,820 Total Expenditures 2,949,470 1,554,389 1,516,268 38,121 2% (103,960) 2,845,510 12 Item # 14 Attachment number 9 Page 1 of 2 City of Clearwater Other Enterprise Funds Mid Year Amendments FY 2009/10 Increase/ (Decrease) Description Anticipated revenues of the Marine Fund exceed anticipated Marina Fund expenditures by $2,220 at mid year fiscal year 2009/10. Mid year amendments reflect a net decrease of $725,500 to reflect the loss of anticipated revenues anticipated for the year. Revenue amendments include reductions in slip rental transient, slip rentals, building rentals, gas and oil sales - marine, Seminole ramp fees, electrical service, and gas sales non-tax - Marina. A small increase in Revenues: (725,500) land rental revenue is also included. Mid year expenditure amendments reflect reductions in various operating codes, including; a $520,000 reduction in cost of goods sold; $8,000 of inventory purchased for resale; $7,500 in electrical costs; $6,000 in other services and repair; and various other line item Expenditures: (560,500) decreases totalling $19,000; for a net reduction of $560,500. Anticipated revenues of the Downtown Boat Slips Fund exceed Downtown Boat Slips Fund anticipated expenditures by $20,605 at mid year fiscal year 2009/10. Mid year revenue amendments reflect a net reduction of $456,110, this reduction of operating revenues is related to the delay in opening of the Downtown Boat Slips. Amendments also include increases of Revenues: (456,110) $52,150 for grant funds, interest earnings and donations received. The Downtown Boat Slips are now scheduled to open in the Summer,. At mid-year, budgeted expenditures will be adjusted to Expenditures: (309,685) reflect the shorter operating period for fiscal year 2009/10. Anticipated revenues of the Airpark Fund exceed anticipated Airpark Fund expenditures by $46,930 at mid year fiscal year 2009/10. At mid year, revenue amendments reflect an increase of $175,000 transferred in from the Central Insurance Fund for the King settlement Revenues: 175,000 as approved by the Council on April 15, 2010. Mid year expenditure amendments reflect an increase of $175,000 to Expenditures: 175,000 fund the King settlement as approved by the Council on April 15, 2010. 13 Item # 14 Attachment number 9 Page 2 of 2 City of Clearwater Other Enterprise Funds Mid Year Amendments FY 2009/10 Increase/ (Decrease) Description At mid year, anticipated revenues of the Parking Fund exceed Parking Fund anticipated expenditures by $233,000 for fiscal year 2009/10. Mid year revenue amendments to the parking fund include an appropriation of $455,700 of undesignated retained earnings for project 315-93411, Clearwater Beach Lifeguard Building Renovations, to fund the renovation project as approved by the Council on March Revenues: 455,700 31, 2010. Mid year expenditure amendments to the parking fund include a transfer of $455,700 of undesignated retained earnings of the Parking Fund to project 315-93411, Clearwater Beach Lifeguard Building Renovations, to fund the renovation project as approved by the Expenditures: 455,700 Council on March 31, 2010. Anticipated revenues of the Harborview Fund exceed anticipated Harborview Fund expenditures by $147,671 at mid year fiscal year 2009/10. Mid year revenue amendments reflect an increase of $152,671.15 in Surplus Machinery and Equipment from proceeds of the in-house auction by Tampa Machinery Auction as approved by the Council on Revenues: 152,671 March 4, 2010. Mid year expenditure amendments for the Harborview Fund reflect an increase of $5,000 to establish a budget for presale advertising and other expenses related to the in-house auction by Tampa Machinery Auction, as approved by the Council on March 4, 2010. Expense are Expenditures: 5,000 offset by sales proceeds from the auction. 14 Item # 14 Attachment number 10 Page 1 of 2 MARINE FUND ENTERPRISE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2009 - March 31, 2010 2009/10 2009/10 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND REVENUES Operating Revenues 4,412,000 1,858,000 1,607,680 (250,320) -13% (715,500) 3,696,500 Non-Operating Revenues 128,380 64,198 50,246 (13,952) -22% (10,000) 118,380 Transfers In 50,000 50,000 50,000 0% 50,000 Use of Fund Equity - - - - - TOTAL REVENUES 4,590,380 1,972,198 1,707,926 (264,272) -13% (725,500) 3,864,880 MARINE FUND EXPENDITURES Marina Operations 4,423,160 2,213,790 1,808,112 405,678 18% (560,500) 3,862,660 TOTAL EXPENDITURES 4,423,160 2,213,790 1,808,112 405,678 18% (560,500) 3,862,660 DOWNTOWN BOAT SLIPS FUND DOWNTOWN BOAT SLIPS FUND REVENUES Operating Revenues 558,410 139,600 - (139,600) -100% (440,410) 118,000 Non-Operating Revenues 72,850 18,010 52,798 34,788 193% (15,700) 57,150 Transfers In - - - - - - Use of Fund Equity - - - - - TOTAL REVENUES 631,260 157,610 52,798 (104,812) -67% (456,110) 175,150 DOWNTOWN BOAT SLIPS FUND EXPENDITURES Downtown Boat Slips Operations 464,230 155,020 19,373 135,647 88% (309,685) 154,545 TOTAL EXPENDITURES 464,230 155,020 19,373 135,647 88% (309,685) 154,545 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 231,000 115,500 115,044 (456) 0% 231,000 Non-Operating Revenues 10,000 5,000 9,022 4,022 80% - 10,000 Transfers In - - - - - 175,000 175,000 Use of Fund Equity - - - - - - - TOTAL REVENUES 241,000 120,500 124,066 3,566 3% 175,000 416,000 AIRPARK FUND EXPENDITURES Airpark Operations TOTAL EXPENDITURES 194,070 104,748 91,980 12,768 12% 175,000 369,070 194,070 104,748 91,980 12,768 12% 175,000 369,075- 15 Item # 14 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2009 - March 31, 2010 2009/10 2009/10 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget PARKING FUND PARKING FUND REVENUES Operating Revenues 4,781,020 2,128,048 1,581,286 (546,762) -26% - 4,781,020 Non-Operating Revenues 4,024,000 311,998 274,154 (37,844) -12% 455,700 4,479,700 Transfers In - - 5,860 5,860 - - - TOTAL REVENUES 8,805,020 2,440,046 1,861,300 (578,746) -24% 455,700 9,260,720 PARKING FUND EXPENDITURES Engineering / Parking System 7,263,720 5,497,462 5,342,713 154,749 3% 455,700 7,719,420 Engineering / Parking Enforcement 850,000 313,243 271,577 41,666 13% - 850,000 Parks & Rec / Beach Guards 458,300 249,807 240,900 8,907 4% - 458,300 TOTAL EXPENDITURES 8,572,020 6,060,512 5,855,190 205,322 3% 455,700 9,027,720 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 40,000 19,998 21,315 1,317 7% - 40,000 Non-operating Revenues 51,550 48,220 114,502 66,282 137% 152,671 204,221 Transfers In 71,530 71,530 71,530 - 0% - 71,530 TOTAL REVENUES 163,080 139,748 207,347 67,599 48% 152,671 315,751 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 163,080 137,490 159,307 (21,817) -16% 5,000 168,080 TOTAL EXPENDITURES 163,080 137,490 159,307 (21,817) -16% 5,000 168,080 16 Item # 14 City of Clearwater Internal Service Funds Attachment number 11 Mid Year Amendments Page 1 of 1 FY 2009/10 Increase/ (Decrease) Description At mid year, anticipated revenues of the General Services Fund equal General Services anticipated expenditures for fiscal year 2009/10. Revenues: No amendments are proposed at mid year. Expenditures: No amendments are proposed at mid year. At mid year, anticipated revenues of the Administrative Services Fund Administrative Services exceed anticipated expenditures by $205,410 for fiscal year 2009/10. Mid year amendments reflect the allocation of $3,448 of Administrative Service Fund retained earnings to cover the expenses incurred for Revenues: 3,448 unemployment costs. Mid year expenditure amendments reflect an increase of $3,448 in the Expenditures: 3,448 Graphic Communications budget to cover unemployment costs. At mid year, anticipated revenues of the Garage Fund equal anticipated Garage Fund expenditures for fiscal year 2009/10. Mid year amendments reflect the allocation of $205,746 of Garage Fund reserves to fund project 315-94527, Honeywell Performance Contract as Revenues: 205,746 approved by the Council on May 20, 2010. Expenditure amendments at mid year reflect a transfer of $205,746 to project 315-94527, Honeywell Performance Contract as approved by the Council on May 20, 2010; as well as increases and decreases between Expenditures: 205,746 cost centers that have a zero net effect on the Garage Fund. At mid year, anticipated revenues of the Central Insurance Fund exceed Central Insurance anticipated expenditures by $5,577,950 for fiscal year 2009/10. At mid year, revenue amendments reflect the following: 1) an allocation of Central Insurance Fund reserves for $1,750,000 to fund project 181- 99862, Employee Health Clinic as approved by Council on May 6, 2010; 2) an allocation of Central Insurance Fund reserves for $2,970,000 to fund the repayment of City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001 as approved by Council on March 18, 2010; and 3) an allocation of $175,000 of Central Insurance Fund reserves to fund the King settlement with the Clearwater Airpark as approved by Revenues: 4,895,000 Council on April 15, 2010. Mid year expenditure amendments reflect the following: 1) a transfer of Central Insurance Fund reserves for $1,750,000 to fund project 181- 99862, Employee Health Clinic as approved by Council on May 6, 2010; 2) a transfer of Central Insurance Fund reserves for $2,970,000 to fund the repayment of City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001 as approved by Council on March 18, 2010; and 3) a transfer of $175,000 of Central Insurance Fund reserves to the Airpark fund for the King settlement with the Clearwater Airpark as approved by Expenditures: 4,895,000 Council on April 15, 2010. 17 Item # 14 INTERNAL SERVICE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2009 - March 31, 2010 Attachment number 12 Page 1 of 2 2009/10 2009/10 1 Qtr Amended Mid-Year Mid-Year Budget Proposed MY Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 4,951,540 Non-Operating Revenue 40,000 Transfers In - Fund Reserves 2,475,774 2,473,671 (2,103) 20,000 21,320 1,320 0% 0 4,951,540 7% 0 40,000 0 0 TOTAL REVENUES 4,991,540 2,495,774 2,494,991 (783) 0% 0 4,991,540 GENERAL SERVICES FUND EXPENDITURES Administration 271,650 144,852 153,774 (8,922) -6% 0 271,650 Building & Maintenance 4,719,890 2,528,704 2,449,449 79,255 3% 0 4,719,890 TOTAL EXPENDITURES 4,991,540 2,673,556 2,603,223 70,333 3% 0 4,991,540 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 9,230,000 4,615,014 4,507,924 (107,090) -2% 0 9,230,000 Non-Operating Revenue 200,000 100,000 107,067 7,067 7% 0 200,000 Transfers In - - 15,000 15,000 - 0 - Fund Reserves 25,846 - - - - 3,448 29,294 TOTAL REVENUES 9,455,846 4,715,014 4,629,991 (85,023) -2% 3,448 9,459,294 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology/ Admin 389,940 215,101 217,487 (2,386) _1% 0 389,940 Information Tech / Network Svcs 2,222,230 1,171,824 923,618 248,206 21% 0 2,222,230 Info Tech/ Software Applications 1,999,220 1,137,563 1,070,069 67,494 6% 0 1,999,220 Info Tech / Telecommunications 972,020 491,545 353,427 138,118 28% 0 972,020 Public Comm / Courier 182,640 93,500 87,134 6,366 7% 0 182,640 Public Comm / Graphics 25,846 25,846 26,094 (248) _1% 3,448 29,294 Clearwater Customer Service 3,458,540 1,924,013 1,894,182 29,831 2% 0 3,458,540 TOTAL EXPENDITURES 9,250,436 5,059,392 4,572,011 487,381 10% 3,448 9,253,884 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 12,202,140 6,101,070 5,650,349 (450,721) -7% 0 12,202,140 Non-Operating Revenue 622,400 311,202 248,866 (62,336) -20% 0 622,400 Transfers In - - - - 0 - Fund Reserves - - - - 205,746 205,746 TOTAL REVENUES 12,824,540 6,412,272 5,899,215 (513,057) -8% 205,746 13,030,286 Garage Fund Expenditures Fleet Maintenance 12,192,160 6,355,648 5,921,073 434,575 7% 195,746 12,387,906 Radio Communications 632,380 323,886 160,335 163,551 50% 10,000 642,380 TOTAL EXPENDITURES 12,824,540 6,679,534 6,081,408 598,126 9% 205,746 13,030,286 INTERNAL SERVICE FUNDS MID YEAR REVIEW For The Six Month Period of October 1, 2009 - March 31, 2010 2009/10 1 Qtr Amended Mid-Year Mid-Year Budget Attachment number 12 Page 2 of 2 2009/10 Proposed MY Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 18,037,560 9,018,780 8,350,612 (668,168) -7% 0 18,037,560 Non-Operating Revenue 940,000 415,000 635,202 220,202 53% 0 940,000 Transfers In 4,808,760 4,786,762 4,727,760 (59,002) _1% 0 4,808,760 Fund Reserves 170,000 - - - 4,895,000 5,065,000 TOTAL REVENUES 23,956,320 14,220,542 13,713,574 (506,968) -4% 4,895,000 28,851,320 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 436,770 251,200 252,304 (1,104) 0% 0 436,770 Human Resources / Employee Benei 329,980 179,360 156,467 22,893 13% 0 329,980 Non-Departmental 17,611,620 8,884,312 9,963,295 (1,078,983) -12% 4,895,000 22,506,620 TOTAL EXPENDITURES 18,378,370 9,314,872 10,372,065 (1,057,193) -11% 4,895,000 23,273,370 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND Mid Year Summary FY 2009/10 The amended 2009/10 Capital Improvement Program budget report is submitted for the City Council's Mid Year review. The net proposed amendment is a budget decrease in the amount of $5,584,709. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increases to projects: ? Miscellaneous Minor Public Art - To record a budget increase in the amount of $208,676.98 of Developer Public Art Contribution revenue from the Special Development Fund. These funds will cover art projects at the Downtown Promenade, Downtown 360 and other art projects around the City. ? Pinellas New Mains - Service Lines - To record a budget increase in the amount of $52,982.03 of Property Owners Share revenue received, which will match budgeted revenue with actual cash proceeds. All significant budget increases that have been previously approved by the City Council are listed below Project Council Budget Increase Approval Honeywell Performance Contract 1,014,338 5/20/10 Long Center Major Infrastructure Improvements 700,000 5/20/10 Clearwater Beach Lifeguard Building Renovations 455,700 3/31/10 System R & R Maintenance 225,000 5/6/10 Library Technology 164,053 5/6/10 20 Item # 14 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 1 of 3 Net Budget # Number Amount Amount Description Amendment Streets and Sidewalks To record a budget transfer in the amount of $85,481.44 of Road Millage revenue to project 315-92343, East Ave Trail. This was 1 315-92273 (85,481) approved by City Council on May 20, 2010. (85,481) East Avenue Trail To record a budget transfer in the amount of $85,481.44 of Road Millage revenue from project 315-92273, Streets and Sidewalks. 2 315-92343 85,481 This was approved by City Council on May 20, 2010. 85,481 Parking Lot Improvements To record a budget transfer in the amount of $37,034.90 of Fee Lieu Parking revenue from project 315-92646, Station Square 3 315-92636 37,035 Parking. 37,035 Station Square Parking - CLOSE PROJECT To record a budget transfer in the amount of $37,034.90 of Fee in Lieu of Parking revenue to project 315-92636, Parking Lot Improvement. Station Square Parking is complete and will be 4 315-92646 (37,035) closed. (37,035) Beach Parking Garage - CLOSE PROJECT To record a budget decrease in the amount of $8,252,065.22 of Bond Proceeds. The Beach Parking Garage will now be privately 5 362-92648 (8,252,065) financed. This was approved by City Council on March 4, 2010. (8,252,065) Memorial Causeway Bridge Replacement - CLOSE PROJECT To record a budget decrease in the amount of $269,664.94 of Infrastructure Sales Tax and return the funds to the Special 6 315-92820 (269,665) Development fund. This project is complete and will be closed. (269,665) Downtown Boat Slips To record a budget increase in the amount of $88,548 of Other State Grant revenue from the Florida Department of Environmental Protection. This was approved by City Council on March 31, 2010. This funding will provide for the additional funds required for the construction, equipment purchase, and installation of two pumpout systems for the Downtown Boat 7 315-93405 88,548 Slips. 88,548 Clearwater Beach Lifeguard Building Renovations - NEW PROJECT To establish the project budget in the amount of $455,700 of unappropriated retained earnings of the Parking fund. 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 planning room on the additional third floor. This was approved by City Council on 8 315-93411 455,700 March 31, 2010. 455,700 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 2 of 3 Net Budget # Number Amount Amount Description Amendment 9 325-93608 10 315-94233 Miscellaneous Minor Public Art To record a budget increase in the amount of $208,676.98 of Developer Public Art Contribution revenue from the Special Development Fund. These funds will cover art projects at the Downtown Promenade, Downtown 360 and other art projects 208,677 around the City. Motorized Equipment - Cash To record a budget increase in the amount of $3,200.00 of insurance proceeds to match budgeted revenue with actual cash 3,200 proceeds. 208,677 3,200 11 315-94524 12 315-94527 13 316-94861 14 315-96124 15 315-96141 Long Center Major Infrastructure Improvements To record a budget increase in the amount of $700,000.00 of Infrastructure Sales Tax (Penny for Pinellas) reserves from the Special Development Fund. The funding will provide for the installation and service of energy saving equipment, which was 700,000 approved by City Council on May 20, 2010. Honeywell Performance Contract - NEW PROJECT To establish the project and record a budget increase in the amount of $808,592.00 from General Fund Reserves and $205,746.00 from Garage Fund Reserves. This project will fund the installation and service of energy saving equipment in various City owned buildings. This was approved by City Council on May 1,014,338 20, 2010. Library Technology - NEW PROJECT To establish the project and record a budget increase in the amount of $164,053.19 in Lease Purchase revenue. This project will fund nine XpressCheck self check-out stations, including hardware, software, and five years maintenance and support. 164,053 This was approved by City Council on May 6, 2010. Storm Pipe System Improvements To record a budget transfer in the amount of $1,059.37 of Stormwater Utility revenue to project 315-96141, Kapok Flood (1,059) Resolution. This will correct a first quarter budget amendment. 700,000 1,014,338 164,053 (1,059) Kapok Flood Resolution - CLOSE PROJECT To record a budget transfer in the amount of $1,059.37 of Stormwater Utility revenue from project 315-96124, Storm Pipe System Improvements. This will correct a first quarter budget 1,059 amendment. 1,059 CAPITAL IMPROVEMENT FUND Mid Year Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 3 of 3 Net Budget # Number Amount Amount Description Amendment Line Relocation Pinellas Maintenance To record a budget increase in the amount of $5,837.68 of Property Owners Share revenue received from Baycare Health System. This will match budgeted revenue with actual cash 16 315-96365 5,838 proceeds. 5,838 Pinellas New Mains - Service Lines To record a budget increase in the amount of $52,982.03 of Property Owners Share revenue received, which will match 17 315-96377 52,982 budgeted revenue with actual cash proceeds. 52,982 Pasco New Mains - Service Lines To record a budget increase in the amount of $18,685.53 of Property Owners Share revenue received, which will match 18 315-96378 18,686 budgeted revenue with actual cash proceeds. 18,686 System R & R Maintenance To record a budget increase in the amount of $225,000 of Other Governmental revenues for the Southwest Florida Water Management District's share of the Groundwater Replenishment Program. This was approved by City Council on May 6, 2010. 19 315-96721 225,000 To record a budget transfer in the amount of $225,000 of 2009 Water & Sewer Bond proceeds from project 376-96742, Line Relocation Capitalized. This was approved by City Council on 376-96721 225,000 May 6, 2010. 450,000 Line Relocation Capitalized To record a budget transfer in the amount of $225,000 of 2009 Water & Sewer Bond proceeds to project 376-96721, System R & R Maintenance. This was approved by City Council on May 6, 20 376-96742 (225,000) 2010. (225,000) TOTALS (5,584,709) - (5,584,709) 'ction cuter Network - II 375,994 275,994 275,994 275,994 ;ide Vehicle 150,000 150,000 150,000 150,1 Sub-Total 525,994 425,994 - 425,994 275,994 - 150,1 :ion Replacement 450,000 450,000 450,000 436,380 13,218 , Equipment 1,052,316 1,052,316 1,052,316 1,031,480 20,E ipport 505,509 505,509 505,509 451,087 54,, pgrade Airpacks 802,000 802,000 802,000 741,784 9,223 50,! icle 462,967 462,967 462,967 462,967 Facility 4,915,000 4,915,000 4,915,000 4,546,260 37,200 331,! enovation/Expansion 651,500 651,500 651,500 509,104 59,752 82,1 (Fire) 3,000,000 3,000,000 3,000,000 146,678 2,853,: tems 155,480 155,480 155,480 121,436 34,1 ess Systems 90,380 90,380 90,380 37,647 52,' 'n 60,500 60,500 Attachment r6%5005 35,585 24,! k Equipment 150,000 150,000 Page 1 of 6150,000 93,597 13,929 42,, cements 201,500 201,500 201,500 84,630 116,E Aection Equipment 592,990 592,990 592,990 341,532 2,144 249,: 3placement 50,000 50,000 50,000 22,277 24,805 2,! Sub-Total 13,140,142 13,140,142 - 13,140,142 9,062,444 160,271 3,917, 'TTATION Construction mprovements 4,042,774 4,042,774 4,042,774 1,494,271 125,053 2,423, Sub-Total 4,042,774 4,042,774 - 4,042,774 1,494,271 125,053 2,423, t Maintenance ing 13,287,941 13,287,941 13,287,941 7,348,743 2,294,417 3,644,' 31,939,877 31,433,392 31,433,392 31,433,392 ;h Guideway 140,000 140,000 140,000 90,000 50,1 Highland Improvement 1,500,000 1,500,000 1,500,000 34,713 32,525 1,432,' Sidewalks 11,317,055 11,317,055 (85,481) 11,231,573 3,937,711 972,835 6,321,1 .enance & Improvements 1,749,820 1,749,820 1,749,820 193,019 157,508 1,399,: ,treetscape- Phase II 2,626,764 2,626,764 2,626,764 172,887 71,728 2,382, Sub-Total 62,561,457 62,054,971 (85,481) 61,969,490 43,210,465 3,529,013 15,230,1 ind Bike Trail Iks 550,849 550,849 550,849 468,500 82,: ector Trail 1,875,807 1,875,807 1,875,807 889,077 444,147 542,! Trail 1,392,000 313,596 85,481 399,078 36,173 277,423 85,, Sub-Total 3,818,656 2,740,252 85,481 2,825,734 1,393,750 721,570 710,, 1s tersection Improvement 1,020,848 1,020,848 1,020,848 461,792 559,1 vation 1,155,698 1,155,698 1,155,698 1,084,084 24,941 46,1 nstallation 921,789 921,789 921,789 803,950 117,E Improvements-11 2,706,910 2,706,910 2,706,910 1,384,290 28,100 1,294,! Sub-Total 5,805,245 5,805,245 - 5,805,245 3,734,116 53,041 2,018,1 Resurfacing 1,461,603 1,461,603 1,461,603 596,665 30,594 834,: age Structure Repair 1,468,432 1,468,432 1,468,432 707,241 761,' Improvement 1,697,627 1,697,627 37,035 1,734,662 1,288,379 84,466 361,E -king Lot 6,000,000 0 0 ?re Parking 1,300,000 1,300,000 (37,035) 1,262,965 1,262,965 ng Garage 8,252,065 8,252,065 (8,252,065) 0 )ndominium Parking 0 9,400,000 9,400,000 100,000 9,300,E Sub-Total 20,179,727 23,579,727 (8,252,065) 15,327,661 3,955,250 115,060 11,257,: ?us Engineering iuseway Br Replace 37,258,665 37,258,665 (269,665) 36,989,000 36,989,000 is Engineering 504,025 541,975 541,975 277,763 43,796 220,, Sub-Total 37,762,690 37,800,640 (269,665) 37,530,975 37,266,763 43,796 220,, ?pment eld-Infras Rep/Improve 210,000 265,000 AttachmenA&QPR 251,605 iewalk & Pad Repair 562,913 562,913 Page 2 of E5162,913 534,089 ;mp Infr Rep/Improve 455,822 425,822 425,822 325,376 y Purch & Rplcmnt 869,942 869,942 869,942 778,869 t Resurfacing 654,082 654,082 654,082 526,797 3,950 tness Equip Purch-Repl 1,575,210 1,559,910 1,559,910 1,329,884 67,673 Pool Project 925,000 925,000 925,000 925,000 pment Replacement 125,000 125,000 125,000 60,979 and Armory Renovation 850,140 847,326 847,326 847,326 Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 52,399 81,045 ilacement Program 1,212,555 1,212,555 1,212,555 1,092,261 599 aintenance 1,498 1,498 1,498 oad Dog Park 468,949 468,949 468,949 468,470 75 -y/Rec Ctr Renovations 814,873 837,176 837,176 827,880 3,959 ement 1,775,677 1,775,677 1,775,677 1,762,747 3,712 ool R&R 474,401 274,401 274,401 250,128 s-Bridges 2,450,000 2,450,000 2,450,000 1,112,025 30,985 ?n Clearwater Beach 588,000 588,000 588,000 67,108 34,022 Infra Rep/Impr 635,451 635,451 635,451 384,613 2,041 Infra Repairs 419,104 419,104 419,104 372,414 42,047 Bike Path Rsr/Imprv 456,943 456,943 456,943 366,405 Equest & Nat Preserve 3,695,000 3,680,609 3,680,609 3,680,609 quip Rep & Rplcmnt 90,000 90,000 90,000 47,304 ocks Rep & Rplcmnt 195,000 195,000 195,000 47,475 omplex Clubhouse Ren 3,200,000 3,200,000 3,200,000 3,115,789 50,251 gmt & Fac Sch Sys 60,000 60,000 60,000 54,303 5,697 'ublic Art 13,553 13,553 208,677 222,230 4,375 8,494 ,nnis Complex 400,000 400,000 400,000 6,691 (Club Repair & Renova 50,000 50,000 50,000 ater Acquisition 2,650,000 2,650,000 2,650,000 2,574,517 ;enter 2,229,720 2,229,720 2,229,720 264,260 671,007 o Sports Comp Renova 3,600,000 3,600,000 3,600,000 Aquatic Ctr & Pk Reno 0 350,911 350,911 31 282,991 Sub-Total 34,843,833 35,009,541 208,677 35,218,218 22,131,729 1,288,548 menade 1,375,589 1,327,484 1,327,484 1,327,484 1 Facility Maint 50,000 50,000 50,000 21,432 22,655 5,! ,oat Slips 17,147,893 12,522,893 88,548 12,611,441 8,438,847 3,101,082 1,071,; Boat Ramp Rplcmnt 700,000 700,000 700,000 162,516 76,800 460,1 ,oat Slips Maintenance 15,000 15,000 15,000 0 15,1 3each Life Guard Reno 0 0 455,700 455,700 7,665 448,1 ices Replace 403,966 403,966 403,966 393,126 10,E ;ement & Repair 369,040 349,040 349,040 342,649 6,: R&R 134,792 69,792 69,792 62,145 7,1 action 24,858 24,858 24,858 16,408 8,? dredge/Maint 576,781 561,781 561,781 552,117 9,1 iwalls 686,085 686,085 686,085 500,091 37,459 148,! ig Center Maint 166,952 166,952 166,952 155,607 11,: Sub-Total 21,650,956 16,877,851 544,248 17,422,099 11,980,087 3,237,996 2,204,1 A & Repair 90,000 90,000 Aachment Page 3 of 6 nd6bd0?5 78,203 11 iprovements 425,000 425,000 425,000 200,064 213,640 11,; irity Improvements 166,799 166,799 166,799 108,788 58,1 Sub-Total 681,799 681,799 - 681,799 387,055 213,640 81,. ier Lib Mat - II 4,698,981 4,698,981 4,698,981 4,056,731 496 641,' Sub-Total 4,698,981 4,698,981 - 4,698,981 4,056,731 496 641,' juip-Cash II 739,731 739,731 3,200 742,931 640,937 18,981 83,1 juip - LP 11 21,319,841 21,319,841 21,319,841 17,925,189 1,731,885 1,662,' Ies 300,000 300,000 300,000 253,567 26,408 20,1 Sub-Total 22,359,572 22,359,572 3,200 22,362,772 18,819,693 1,777,274 1,765, Ontenance place-City Wide 2,323,351 2,298,351 2,298,351 1,899,633 119 398,; 602,635 602,635 602,635 460,220 142,, ements 1,595,334 1,595,334 1,595,334 967,178 14,316 613,E acilities 844,380 844,380 844,380 364,969 11,600 467,E acilities 164,811 164,811 164,811 122,415 42,: =acilities 890,872 890,872 890,872 671,040 219,E 'urbish/Modernization 220,000 220,000 220,000 220,1 Major Infrst Imprvmts 2,662,500 2,662,500 700,000 3,362,500 2,654,955 707,! erformance Contract 0 0 1,014,338 1,014,338 0 1,014,: Sub-Total 9,303,883 9,278,883 1,714,338 10,993,221 7,140,412 26,035 3,826,' Aic City Buildings & Equipment 11 108,750 108,750 108,750 164 108,; Demolition 950,000 950,000 950,000 4,338 57,493 888,' Sub-Total 1,058,750 1,058,750 - 1,058,750 4,502 57,493 996,' ?nnect Infra 1,706,478 1,706,478 1,706,478 1,366,105 38,775 301,; Information Sys 1,052,726 1,052,726 1,052,726 906,556 146, ik Rem/Repl-Gen Fd 433,658 433,658 433,658 244,249 189,, )grade 802,623 802,623 802,623 774,368 28,: :al Assmt & Clean-up 803,664 803,664 803,664 312,361 28,052 491,; a & Server Upgrade 1,535,057 1,535,057 1,535,057 1,092,248 442,E )ft Upgrade 450,000 450,000 450,000 75,420 374,! Zecovery 275,000 275,000 275,000 179,290 95,' fications Upgrade 229,000 329,000 329,000 329,1 stems Upgrades 526,628 526,628 526,628 111,661 12,493 402,, 's /Replacement 597,376 597,376 597,376 172,646 424,' g / Upgrades 425,000 425,000 425,000 412,252 12,' onitors 320,000 320,000 320,000 302,647 17,; Traffic Asset Mgt 420,000 420,000 420,000 185,421 234,! ,t Resurf/Imprvmts 400,000 400,000 400,000 12,390 387,1 ire Park 519,620 485,926 485,926 485,926 eversion of Records 500,000 500,000 Page 4 ofn6" 103,607 395,016 1,; sitting & Code Enforce 50,000 50,000 50,000 50,1 nology 0 0 164,053 164,053 164,1 Sub-Total 11,046,829 11,113,136 164,053 11,277,189 6,551,727 659,757 4,093,' Utility System Improvements 7,844,651 7,848,390 (1,059) 7,847,331 6,526,726 155,095 1,165,; 7,610,847 7,610,847 7,610,847 7,546,971 39,276 24,1 wary Restor 6,037,055 6,037,055 6,037,055 4,769,059 1,267,! ?liance 1,008,000 1,008,000 1,008,000 721,807 286,' I Resolution 0 -1,059 1,059 0 0 ie Stormwater Imp 2,351,163 2,351,163 2,351,163 1,319,314 567,400 464,, ek Implemt - II 1,772,331 1,156,878 1,156,878 1,156,878 -d Upgrade 309,325 309,325 309,325 109,401 122,956 76,! < Improvement Projects 499,250 499,250 499,250 1,375 497,E ;h Enhancement Proj 1,202,077 1,202,077 1,202,077 136,025 66,101 999,! ek Chan G Drain Impr 992,074 852,477 852,477 852,477 System Expansion 786,000 866,831 866,831 866,E ;reek 3,324,745 2,324,745 2,324,745 12,414 2,312,; in Projects 6,134,079 6,134,079 6,134,079 1,201,719 145,346 4,787,1 ek Chan F Drain Impr 1,792,274 1,826,187 1,826,187 338,850 1,079,938 407,; finer 300,000 300,000 300,000 300,1 ek Watershed Projects 250,000 1,016,490 1,016,490 41,009 359,010 616,, Sub-Total 42,213,871 41,342,735 - 41,342,735 24,734,026 2,535,122 14,073,! R-Maintenance Vater Dist Sys y/Treatment R-Capitalized ion-Capitalized 'rev Dev/Change 3nsion litation ;e Lines Jp Trucks Vater System iter Tanks Upgrade r Wells )ansion p Res #1 :y Monitoring Devices p Res #2 Lk, Pnd Irr Abandmt Sub-Total am ww Pump Replacement ment reatment erator Replacements dworks Presses ition Imp action ver Extension Reloc Accmmdtn lpgrade & R&R grade & Improvement ver R&R Bypass & NE Pump ik Remov-WPC n Replacement Sub-Total 1,083,038 1,083,038 450,000 1,533,038 1,048,427 7,900 476,' 58,781,651 59,044,785 59,044,785 44,041,899 7,957,879 7,045,1 5,522,032 5,522,032 5,522,032 4,371,827 130,659 1,019,; 8,800,901 8,876,796 8,876,796 7,976,842 86 899,E 11,850,165 11,850,165 (225,000) 11,625,165 8,979,795 283,651 2,361,' 4,699,182 4,699,182 4,699,182 2,109,154 4,807 2,585,: 2,749,673 2,749,673 2,749,673 1,456,609 1,293,1 0 0 0 -4,689 4,1 4,876,792 4,876,792 4,876,792 3,438,563 48,085 1,390, 112,801 112,801 112,801 79,021 33" 83,780 83,780 83,780 83,596 3,208,600 3,208,600 3,208,600 2,139,592 37,950 1,031,1 675,952 675,952 675,952 151,214 13,913 510,E 3,307,310 3,307,310 3,307,310 1,159,761 1,768,400 379, 8,482,485 8,482,485 8,482,485 1,905,176 2,110,947 4,466,; 600,000 600,000 600,000 8,255 591 6,971,250 6,971,250 Page 5mdf PT,25b5 1,395,206 151,766 5,424,; 200,000 200,000 200,000 8,180 191,E 122,005,612 122,344,640 225,000 122,569,640 80,348,428 12,516,043 29,705,' 1,149,860 1,149,860 1,149,860 69,251 94,572 986,1 42,540 42,540 42,540 42, 10,711,918 10,003,784 10,003,784 7,663,046 6 2,340, 820,182 820,182 820,182 663,355 98,900 57,! 5,019,731 5,019,731 5,019,731 1,448,503 1,239,492 2,331,' 6,439,651 6,460,115 6,460,115 6,211,125 3,050 245,! 1,778,786 1,809,276 1,809,276 205,905 1,603,; 3,897,000 3,897,000 3,897,000 2,725,854 1,138,609 32, 1,038,310 1,483,310 1,483,310 174,205 1,296,735 12,; 5,115,894 5,115,894 5,115,894 1,088,752 410 4,026,' 3,885,693 3,885,693 3,885,693 3,236,032 81,873 567,' 1,016,259 1,016,259 1,016,259 806,565 209,1 2,893,347 2,893,347 2,893,347 1,755,246 88,836 1,049,: 12,343,510 12,343,510 12,343,510 10,818,881 183,925 1,340,' 28,452,385 28,452,385 28,452,385 15,240,365 2,956,999 10,255,1 2,010,400 2,010,400 2,010,400 58,677 36,309 1,915, 207,756 207,756 207,756 192,933 14,E 14,219,027 14,219,027 14,219,027 11,956,222 113,934 2,148, 101,042,249 100,830,069 - 100,830,069 64,314,917 7,333,650 29,181,! :al Remediation 1,889,294 1,889,294 1,889,294 896,383 14,861 978,1 ion-Pinellas Maint 1,651,089 1,651,089 5,838 1,656,926 390,656 1,266,: :hange Out-Pinellas 1,340,000 1,340,000 1,340,000 167,263 1,172,' ion-Pinellas Capital 2,836,983 2,836,983 2,836,983 1,628,846 386,722 821,, ion - Pasco Maint 630,000 630,000 630,000 27,618 602,: / Main / Service Lines 14,351,957 14,351,957 52,982 14,404,939 12,181,547 2,223,: Mains / Service Lines 10,950,782 10,950,782 18,686 10,969,468 7,647,579 12,234 3,309,1 deter Change Out 820,000 820,000 820,000 44,172 775,E 'asco-Capital 755,000 755,000 755,000 954 754,1 ry - Work Mgmt Sys 992,000 992,000 992,000 705,434 31,000 255,; 1 Renovation 799,675 799,675 799,675 126,336 673,: ctensions 1,257,845 1,357,845 1,357,845 641,543 716,: nergy Conservation 0 2,075,709 2,075,709 20,039 2,055,1 Sub-Total 38,274,625 40,450,334 77,505 40,527,839 24,478,370 444,817 15,604,1 :R 1,476,752 1,476,752 Attachment number 15 Page 601(476,752 1,245,185 22,010 209,! aisition 906,461 906,461 906,461 777,258 129,: is to SW Complex 208,785 208,785 208,785 92,574 116,: Replacements 1,359,769 1,359,769 1,359,769 842,213 15,286 502,: er Acquisition-II 861,741 861,741 861,741 535,593 73,366 252,' ainer Acquisition-II 1,700,020 1,700,020 1,700,020 948,077 326,583 425,: Sub-Total 6,513,528 6,513,528 - 6,513,528 4,440,900 437,245 1,635,: )Ilaneous -ial Photo Adm Bldg R&R Sub-Total 155,533 287,054 442,587 155,533 287,054 442,587 155,533 287,054 442,587 150,283 198,063 348,346 5,: 88,! 94,, arts/Dumpsters 671,925 671,925 671,925 378,835 293,1 i/Prom/R&R 987,923 987,923 987,923 675,582 312,: juip Replacement 2,631,437 2,631,437 2,631,437 1,861,855 769,! Sub-Total 4,291,285 4,291,285 - 4,291,285 2,916,272 - 1,375,1 PROJECTS 568,265,042 566,883,435 (5,584,709) 561,298,726 373,046,248 35,275,920 153,004,1 Budget Amendments October 1, 2009 - March 31, 2010 Lmdmt Project umber Number Increase/ (Decrease) Amount Intrafund Transfer Amount Description Net Budg( Amendmer iblic Safety Programs Attachment number 16 Page 1 of 5 School Resource Officers - To record a budget increase of $7,630.42 in revenue from the Pinellas County School Board. This represents reimbursements received for 1 99264 7,630 overtime worked at school functions. 7,63( Police Education Fund - To record a budget increase of $7,167.01 in Police Education Fine revenue. This reflects actual revenue received and will bring the budget in line with the actual 2 99317 7,167 revenue. 7,161 Investigative Cost Recovery - To record a budget increase of $30,154.28 in Fines, Forfeitures & Penalties revenue. This reflects actual revenue received and will bring the 3 99329 30,154 budget in line with actual revenue. 30,152 Florida Contraband Forfeiture Fund - To record a budget increase of $62,024.86 in Fines, Forfeitures & Penalties revenue. This reflects actual revenue received and will bring 4 99330 62,025 the budget in line with actual revenue received. 62,021 Special Law Enforcement Trust Fund - To record a budget transfer of $200,000.00 in Fines, Forfeitures & Penalties revenue from 181- 99356, Safe Neighborhood Program. This 5 99331 200,000 represents the return of unspent funds. 200,00( Vehicle Replacement - To record a budget transfer of $9,388.50 in Police Services revenue from 181-99908, Extra Duty Program. This represents revenue collected for the first quarter of this year (January through March 2010) for 6 99350 9,389 vehicle usage on extra duty jobs. 9,38 Budget Amendments October 1, 2009 - March 31, 2010 Increase/ Lmdmt Project (Decrease) Intrafund Net Budg( umber Number Amount Transfer Amount Description Amendmer Attachment number 16 Page 2 of 5 Safe Neighborhood Program - To record a transfer of $200,000.00 in Fines, Forfeitures & Penalties revenue to 181-99331, Special Law Enforcement Trust Fund, this represents the 7 99356 (200,000) return of unspent funds. (200,00( Federal Forfeiture Sharing - To record a budget increase of $36,071.11 in US Department of Justice revenue. This reflects actual revenue received and will bring the 8 99387 36,071 budget in line with actual revenue in the project. 36,071 iblic Safety Progra m Totals: 143,048 9,389 152,43E >mmunity Development Programs Public Facilities 2008 - To record a $238,716.54 budget transfer in grant revenue from 2008 remaining unused project funds to 9 99612 (238,717) 181-99630, Public Facilities 2010. (238,71 i Program Administration 2008 - To record a $12,016.60 budget transfer in grant revenue from 2008 remaining unused project funds to 10 99615 (12,017) 181-99630, Public Facilities 2010 (12,01 i Public Services 2009 - To record a $36,510.12 budget transfer in grant revenue from 2009 remaining unused project funds and reallocate to Fund 686 CDBG Rehabilitation Revolving Loan Fund based on fiscal year 1998 to fiscal year 2003 program income. 11 99619 (36,510) (36,51( Public Facilities 2009 - To record a $126,824.00 budget transfer in grant revenue from 2009 remaining unused project funds to 12 99620 (126,824) 181-99630, Public Facilities 2010. (126,822 Economic Development 2009 - To record a $1,596.27 budget transfer in grant revenue from 2009 remaining unused project funds to 181- 13 99621 (1,596) 99631, Economic Development 2010. (1,59E Budget Amendments October 1, 2009 - March 31, 2010 Lmdmt Project umber Number Increase/ (Decrease) Intrafund Amount Transfer Amount Description Attachment number 16 P ge3of5 Housing Rehab 2009 - to record a $185,725.76 budget decrease in grant revenue from 2009 remaining unused project funds and reallocate to Fund 686 CDBG Rehabilitation Revolving Loan Fund based on fiscal year 1998 to fiscal year 2003 program income. 14 15 99622 99625 Relocation/Demolition 2009 - To record a $40,670.00 budget transfer in grant revenue from 2009 remaining unused project funds to (40,670) 181-99635, Relocation/Demolition 2010. Infill Housing 2009 - To record a $101,741.59 budget decrease in grant revenue from 2009 remaining unused project funds and reallocate to Fund 689 CDBG Infill Revolving Loan Fund based on fiscal year 1998 to fiscal year 2003 16 17 99626 99630 377,557 Public Facilities 2010 - To record budget transfers of $238,716.54 from 181-99612, Public Facilities 2008; $12,016.60 from 181- 99615, Program Administration 2008; and $126,824.00 from 181-99620, Public Facilities 2009 in grant revenue representing remaining unused project funds. Economic Development 2010 - To record a $1,596.27 budget transfer in grant revenue from 181-99621, Economic Development 2009 representing remaining unused project funds. 18 99631 1,596 Relocation/Demolition 2010 - To record a $40,670.00 budget transfer in grant revenue from 181-99625, Relocation/Demolition 2009 representing remaining unused project funds. 19 99635 (185,726) (101,742) program income. >mmunity Development: Total: (323,977) 40,670 Net Budg( Amendmer (185,72E (40,67( (101,74 377,551 1,59E 40,67( (323,97-A scellaneous Programs: Budget Amendments October 1, 2009 - March 31, 2010 Increase/ Lmdmt Project (Decrease) Intrafund Net Budg( umber Number Amount Transfer Amount Description Amendmer Attachment number 16 Page 4 of 5 City Manager's Flexibility Fund - To record a $4,833.77 budget transfer to 181-99928, Nagano Sister City Program to fund the Nagano 20 99804 (4,834) 50th Anniversary celebration expenditures. (4,832 Special Events YR 07-08 - To record a $381,236.82 budget increase representing; $229,607.65 in Sales, $35,500.00 in Sponsorships, $1,500.00 in Memberships and Registrations, $713.87 in Donations, $18,201.20 in Rentals, and $95,714.10 in Reimbursements to match budgeted revenue 21 99851 381,237 with actual revenue received. 381,231 Employee Health Clinic - To establish a $1,750,000.00 budget representing a transfer from the Central Insurance Fund reserves for the administration of a facility to provide onsite medical and prescription drug services. As 22 99862 1,750,000 approved by the Council on May 6, 2010. 1,750,00( DriveCam Driver - To record a $100.00 budget decrease to match budget revenue and 23 99870 (100) expenses to actual and close program. (10( State Brownfield Redevelopment - To record a budget increase of $516.56 in interest revenue to match budgeted revenues with 24 99871 517 actual revenues received. 511 Florida Bar Student Internship - To record a budget decrease of $166.56 reflecting a return of funds to the general fund and close the 25 99876 (167) program. (161 Police Extra Duty Program - To record a budget increase of $154,730.50 in Police Services revenue, to reflect actual revenue collected for extra duty jobs. To record a budget transfer of $9,388.50 in Police Services revenue to 181-99350 Vehicle Replacement. This represents revenue 26 99908 154,731 (9,389) collected when police vehicles were requested. 145,34 Budget Amendments October 1, 2009 - March 31, 2010 Increase/ Lmdmt Project (Decrease) Intrafund Net Budg( umber Number Amount Transfer Amount Description Amendmer Attachment number 16 Page 5 of 5 Library Special Account - To record a budget increase of $9,688.04 in donations revenue to match budgeted revenues with actual revenues 27 99910 9,688 received. 9,6& Peg Access Support - Record a $19,500.00 budget increase in donations representing Public Education and Government funding received from Knology to be used to support C- 28 99925 19,500 View channel 15. 19,50( Nagano Sister City Program - To record a $4,833.77 budget transfer from 181-99804, City Manager's Flexibility Fund to fund the Nagano 50th Anniversary celebration expenditures. 29 99928 4,834 4,832 Parks & Recreation Specified & Gift Program - Record a $314.58 budget increase in donations to match budgeted revenues with 30 99962 315 actual revenues received. 31; Tree Replacement Program - Record $10,752.00 budget increase in fines to match budgeted revenues with actual revenues 31 99970 10,752 received. 10,75 scellaneous Progr ams Total: 2,326,472 (9,389) 2,317,08: Grand Total: 2,145, 542 0 2,145,549 'PROGRAMS le Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 ,trict Evaluation 40,000 40,000 0 40,000 29,977 0 10,023 ?iew 10,000 10,000 0 10,000 0 0 10,000 inexation 15,000 15,000 0 15,000 0 0 15,000 lopment Mitigation 250,000 250,000 0 250,000 51,619 30,043 168,338 Electronic Plan Submittal & Rey 0 244,000 0 244,000 112,000 0 132,000 Sub-Total 360,050 604,050 0 604,050 227,506 30,043 346,501 4FETY PROGRAMS utreach Center 0 100,000 0 100,000 0 0 100,000 )ne 0 6,625 0 6,625 6,625 0 0 Clearwater 2010 209,123 209,123 0 209,123 40,669 0 168,454 ?e Cost Recovery Officers 564,980 564,980 0 564,980 317,722 0 247,258 Protection Prog II 192,461 192,461 0 Patgeh1 n40er 17 191,566 0 895 source Officers 262,642 271,712 7,630 2799,343 162,173 0 117,170 Clearwater 2009 207,006 207,006 0 207,006 201,613 0 5,393 ifficking Immersion Training 99,730 99,730 0 99,730 50,340 2,050 47,340 s Clearwater 2008 194,242 183,703 0 183,703 183,703 0 0 Shelter 07 473,171 473,171 0 473,171 473,171 0 0 Vest Partnership '06 35,801 35,801 0 35,801 6,241 0 29,560 Human Trafficking 450,000 500,000 0 500,000 354,581 84 145,335 ruitments 50,000 50,155 0 50,155 39,663 0 10,492 ures - Treasury 139,329 143,330 0 143,330 34,864 22,089 86,377 hnology 2005 246,661 246,661 0 246,661 246,661 0 0 4 Technology 692,634 691,015 0 691,015 691,015 0 0 qty Fund 1,841 1,841 0 1,841 1,517 0 324 ,istance Grant FY07-08 75,380 76,105 0 76,105 76,105 0 0 lent 28,758 31,283 0 31,283 29,203 0 2,080 inteers 115,421 115,421 0 115,421 97,067 0 18,354 cation Fund 1,065,487 1,077,500 7,167 1,084,667 968,310 0 116,357 dice Academy 34,113 39,113 0 39,113 30,356 0 8,757 ?e Recovery Costs 1,271,535 1,321,731 30,154 1,351,885 1,226,125 16,839 108,922 sand Forfeiture Fnd 528,159 654,518 62,025 716,543 558,199 0 158,344 :ement Trust Fd 2,541,073 2,642,197 200,000 2,842,197 2,472,353 0 369,844 placement Fund 113,751 130,041 9,389 139,430 0 0 139,430 tion Program 3,000 3,000 0 3,000 1,420 0 1,580 borhood Program 669,485 685,892 (200,000) 485,892 199,417 0 286,475 nent Fund 19,000 19,000 0 19,000 18,889 0 111 ,ention Program 23,095 23,095 0 23,095 18,390 70 4,635 rfeiture Sharing 890,822 956,368 36,071 992,439 593,390 47,995 351,054 borhood TV Specialist 588,647 567,240 0 567,240 567,240 0 0 Sub-Total 11,787,347 12,319,817 152,436 12,472,254 9,858,585 89,127 2,524,542 TY DEVELOPMENT )nsulting Service 115,000 115,000 0 115,000 49,334 0 65,666 lities 2008 373,918 373,918 (238,717) 135,201 135,201 0 0 Development 34,233 34,233 0 34,233 34,233 0 0 Ahab 2008 87,387 87,387 0 87,387 87,387 0 0 dministration 2008 177,691 177,691 (12,017) 165,674 165,674 0 0 'Demolition '08 191,670 191,670 0 191,670 99,254 0 92,416 ig 2008 1,583,244 1,583,244 0 1,583,244 1,190,394 0 392,850 (ices 2009 177,062 177,062 (36,510) 140,552 140,552 17,508 (17,508) ig 2009 29,284 29,284 0 29,284 29,284 0 0 'Demolition 2009 40,670 40,670 (40,670) 0 0 0 0 ig 2009 131,742 131,742 (101,742) 30,000 30,000 0 0 ast Gateway Facade Imprmt 80,000 80,000 0 80,000 0 0 80,000 ast Gateway Sidewalk Imprmt 146,395 146,395 0 146,395 0 38,228 108,167 rogram Administration 25,154 25,154 0 25,154 1,886 0 23,268 Iities 2010 195,710 195,710 377,557 573,267 150,000 45,710 377,557 Development 2010 10,000 10,000 1,596 11,596 873 0 10,723 Ahab 2010 185,921 325,921 0 325,921 63,887 0 262,034 dministration 2010 186,562 186,562 0 186,562 91,693 0 94,869 ig 2010 29,984 29,984 0 29,984 10,451 19,532 0 'Demolition 2010 140,000 0 40,670 40,670 81,340 0 (40,670) ig 2010 35,000 35,000 0 355,000 19,812 0 15,188 (ices 2010 149,632 149,632 0 Atta,454PANer 17 42,347 100,285 7,000 Sub-Total 4,954,829 4,954,828 (323,977) age, ,851 2,926,754 231,337 1,472,761 ERVICES (non-HUD) 248,671 248,671 0 248,671 209,436 19,980 19,255 Housing Imp Fees 343,740 359,280 0 359,280 132,236 0 227,044 lal Education 30,000 30,000 0 30,000 26,200 0 3,800 Sub-Total 622,411 637,951 0 637,951 367,873 19,980 250,099 itigation Project 635,217 652,398 0 652,398 134,480 0 517,918 ird Donations 80,083 82,583 0 82,583 61,397 0 21,186 Sub-Total 715,300 734,981 0 734,981 195,877 0 539,104 ?NEOUS PROGRAMS Revolving Loan 1,200,000 1,200,000 0 1,200,000 224,147 0 975,853 ler's Flexibility Fund 971,238 971,238 (4,834) 966,404 690,972 2,000 273,432 n Teen 2001 332,888 332,888 0 332,888 310,392 0 22,496 )od Svices Grants 175,000 166,691 0 166,691 166,691 0 0 ammer N. Greenwood 339,780 339,780 0 339,780 308,332 0 31,448 6,080 6,080 0 6,080 4,689 0 1,391 Development - QTI 76,960 76,960 0 76,960 50,866 0 26,094 A Valley Teens 136,272 136,272 0 136,272 132,939 0 3,333 ants FY07-08 3,818,783 4,256,382 381,237 4,637,619 4,414,392 52,740 170,486 EPA Assessment 400,000 400,000 0 400,000 310,669 41,276 48,054 (field Recovery Assessment 400,000 400,000 0 400,000 0 0 400,000 LEED Training Certification 0 18,000 0 18,000 0 0 18,000 Clearwater Energy Strategies 0 350,000 0 350,000 0 0 350,000 Energy Effiiciency Retrofit 0 463,400 0 463,400 0 0 463,400 pgrade 0 50,000 0 50,000 0 50,000 0 Health Clinic 1,750,000 1,750,000 1,750,000 Driver 15,000 15,000 (100) 14,900 14,900 0 0 nfields Redevelopment Acct 159,705 160,929 517 161,446 106,478 1,096 53,872 d Child Care - Ross Norton 0 100,369 0 100,369 26,236 0 74,133 d Child Care -No. Greenwood 0 100,369 0 100,369 27,282 0 73,087 Incentive Program 2,600,000 2,600,000 0 2,600,000 2,445,031 0 154,969 )onations 27,500 27,500 0 27,500 26,304 1,196 0 Student Internship 2,400 2,400 (167) 2,233 2,233 0 0 ,reenwood Camp 2008 82,430 82,430 0 82,430 77,237 0 5,193 4 1 Rn 4 1 RS n 4 1 RS .111.119 n 1 flriR ,cial Account s Support r Operation ;ter City Program 624,169 799,261 5,125,807 78,329 54,131 ,c Gift Giving Pgm 1,351,356 Disability Mgmt Assmnt & Impl 80,000 cement Project 932,470 tive/Recognition 69,700 ation Strategy 50,000 y Field Trust 115,571 ige 28,666 Sub-Total 24,993,260 625,947 9,688 635,636 517,984 0 117,651 799,261 19,500 818,761 727,560 8,275 82,926 5,125,807 0 5,125,807 2,911,216 5,000 2,209,591 78,329 4,834 83,163 74,372 0 8,791 54,131 0 54,131 32,830 0 21,301 1,355,636 315 1,355,950 1,339,902 0 16,048 80,000 0 80,000 40,000 0 40,000 1,035,718 10,752 1,046,470 614,518 0 431,952 69,700 0 69,700 41,088 0 28,612 50,000 0 50,000 45,744 0 4,256 115,571 0 115,571 0 0 115,571 28,766 0 28,766 21,716 0 7,050 26,851,223 2,317,083 29,168,307 20,890,701 177,104 8,100,502 Attachment number 17 =CTS 43,433,197 46,102,851 2,145,542 aft, ,393 34,467,296 547,590 13,233,508 Revenues Allocation of Designated Reserves Allocation of Undesignated Reserves Expenditures Transfer to Capital Improvement Fund City of Clearwater SPECIAL DEVELOPMENT FUND Mid Year FY 2009/10 Increase/ (Decrease) Description Attachment number 18 Page 1 of 1 Mid year amendments reflect the following: 1) an allocation of $700,000 in Infrastructure Tax reserves to the capital project 315-94524, Long Center Major Infrastructure Improvements to fund the installation and service of energy saving equipment in the Honeywell contract as approved by Council on May 20, 2010; and 2) an alloction of $208,676.98 of Developer Public Art Contribution funds to project 325-93608, Misc. Public Art 908,677 Projects. Mid year amendments reflect the allocation of $4,600,000 of undesignated reserves to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001 as approved by Council 4,600,000 on March 18, 2010. $ 5,508,677 Net Revenue Amendments Mid year expenditure amendments reflect the following: 1) a transfer of $700,000 in Infrastructure Sales Tax revenue to capital project 315-94524, Long Center Major Infrastructure Improvements as approved by Council on May 20, 2010; 2) a transfer of $4,600,000 of undesignated reserves to the General Fund to redeem in full City of Clearwater, Florida, Improvement Revenue Refunding Bonds, Series 2001 as approved by Council on March 18, 2010; 3) a transfer of $208,676.98 of Developer Public Art Contribution funds to project 325- 93608, Misc. Public Art Projects; and 4) the return of $269,664.94 of Infrastructure Sales Tax revenue from the close of project 315-92820, Memorial Causeway 5,239,012 Bridge Replacement. $ 5,239,012 Net Expenditure Amendments 38 Item # 14 SPECIAL REVENUE FUNDS Mid Year: October 1, 2009 - March 31, 2010 Original Budget 2009110 First Quarter Amended Budget 2009110 Attachment number 19 Page 1 of 2 Mid Year Amended Budget 2009110 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,090,670 2,090,670 2,090,670 Infrastructure Tax 10,167,770 10,167,770 10,167,770 Pinellas County Fire Tax 0 0 0 Interest Earnings 800,000 800,000 800,000 Open Space Fees 50,000 50,000 50,000 Recreation Facility Impact Fees 20,000 20,000 20,000 Recreation Land Impact Fees 50,000 50,000 50,000 Transportation Impact 250,000 250,000 250,000 Local Option Gas Tax 1,340,000 1,340,000 1,340,000 Allocation of Designated Reserves 420,000 420,000 1,328,677 908,677 Allocation of Undesignated Reserves 950,000 950,000 5,550,000 4,600,000 Transfer-In from Capital Improvement Plan 0 1,339 1,339 16,138,440 16,139,779 21,648,456 5,508,677 Expenditures: Transfer to Capital Improvement Fund Road Millage 2,090,670 2,090,670 2,090,670 Infrastructure Tax 6,225,000 6,191,171 6,621,506 430,335 Recreation Facility Land Fees 0 0 Open Space Impact Fees 0 0 Transportation Impact fees 290,000 290,000 290,000 Local Option Gas Tax 1,720,000 1,720,000 1,720,000 Developer Contributions - Public Art 0 0 208,677 208,677 Undesignated Special Development 950,000 950,000 5,550,000 4,600,000 Debt Service on Penny for Pinellas Bonds 1,147,460 1,147,460 1,147,460 12,423,130 12,389,301 17,628,313 5,239,012 39 Item # 14 SPECIAL REVENUE FUNDS Mid Year: October 1, 2009 - March 31, 2010 Original First Quarter Budget Amended Budget 2009110 2009110 Attachment number 19 Page 2 of 2 Mid Year Amended Budget 2009110 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds Interest Earnings Grant Funds Other Governmental Revenue Police Fines and Court Proceeds Donations Sales Rentals Sponsorships Downtown Development Board Memberships/Registrations Contractual Services Transfers from General Fund Sister City Program City Manager's Flexibility Fund Special Events Qualified Tax Incentive Homeless Shelter Program Neighborhood Services Grants Transfers from Central Insurance Fund Expenditures: CDBG/Home Funds Planning Public Safety Community Development Social Services Marine Sister City Program City Manager's Flexibility Fund Special Event Funding Qualified Tax Incentive Homeless Shelter Program Other Miscellaneous Programs 1,521,830 1,521,830 1,197,853 (323,977) 300,000 334,670 335,187 517 0 1,270,991 1,270,891 (100) 0 209,808 217,439 7,630 0 461,362 607,532 146,169 0 13,827 44,044 30,216 0 214,965 444,572 229,608 0 41,381 59,583 18,201 0 66,962 102,462 35,500 0 0 18,875 20,375 1,500 0 345,122 595,567 250,445 0 0 (167) (167) 3,000 3,000 3,000 100,000 100,000 100,000 70,000 70,000 70,000 4,600 4,600 4,600 100,000 100,000 100,000 0 (8,309) (8,309) 0 0 1,750,000 1,750,000 2,099,430 4,769,084 6,914,626 2,145,542 1,521,830 1,521,830 1,521,830 0 244,000 244,000 0 532,470 675,518 143,048 0 0 (323,977) (323,977) 0 15,540 15,540 0 19,681 19,681 3,000 3,000 3,000 100,000 100,000 100,000 70,000 70,000 70,000 4,600 4,600 4,600 100,000 100,000 100,000 1,857,963 4,184,435 2,326,472 1,799,430 4,469,084 6,614,626 2,145,542 LOCAL HOUSING ASSISTANCE TRUST FUND Revenues: SHIP Funds Expenditures: SHIP Program 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 0 40 Item # 14 Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2009 / 10 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. 02/26/10 Administrative Change Order #2 and Final - 2008 Street Resurfacing (08-0015- EN). This change order is for the purpose of adjusting line item quantities in order to close out the contract, resulting in an overall decrease to the final contract amount. Ajax Paving Industries, Inc. (43,696.31) 02/26/10 Administrative Change Order #3 - Lake Bellevue Branch 6A Stormwater Management Project (03-0030-EN). This change order is for the purpose of increasing the contract amount for additional items needed due to unforeseen conditions, and adding thirty-five (35) days to the contract. Caladesi Construction Company 40,040.00 03/02/10 Administrative Change Order #2 - Skycrest Neighborhood Traffic Calming Project (03-0097-EN). This change order is for the purpose of adjusting line item quantities resulting in an overall decrease to the contract amount. Semper Fi Services, LLC. (124,399.91) 03/03/10 Administrative Change Order #1 - East Avenue Trail Connector from Turner Street to Drew Street (09-0023-EN). The purpose of this change order is to increase existing items and fund items from a new cost code. APAX Southeast, Inc. 420.00 03/10/10 Administrative Change Order #2 - Bayfront Uplands Improvement Project (07- 0045-MA). This change order is issued to upgrade and relocate temporary electrical service (used for special events) to 300amp service and run the conduit underground, resulting in an increase to the project. Caladesi Construction Company 7,100.00 03/24/10 Administrative Change Order #2 - Seawall Repair at Betty Lane. This change order is issued to remove unforeseen debris that was uncovered and must be excavated and disposed, resulting in an increase to the project. Castco Construction Company 10,231.00 41 Item # 14 Attachment number 20 Page 2 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Mid Year Review FY 2009 / 10 05110110 Administrative Change Order #1 - Alligator Creek Channel F hnprovements (03- 0028-EI). This change order is issued to increase items due to unforeseen conflicts with existing water and sewer utilities, resulting in an increase to the project. Keystone Excavators, Inc. 6,782.00 42 Item # 14 Attachment number 21 Page 1 of 1 ORDINANCE NO. 8187-10 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, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, DOWNTOWN BOAT SLIPS FUND, PARKING FUND, HARBORVIEW FUND, ADMINISTRATIVE SERVICES FUND, GARAGE 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 Mid Year Review it was found that an increase of $23,521,513 is necessary for revenues and an increase of $21,961,232 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 # 14 0 i 0. 1 7-i EXHIBIT A 2009-10 BUDGET REVENUE First Quarter Mid Year Original Amended Amended Attachment number 22 Budget Budget Budget Page 1 of 2 2009/10 2009/10 2009/10 Amendments General Fund: Property Taxes 41,786,420 41,786,420 41,786,420 Franchise Fees 10,152,000 10,152,000 10,152,000 Utility Taxes 12,321,860 12,321,860 12,321,860 Licenses, Permits & Fees 3,550,000 3,550,000 3,550,000 Sales Tax 5,313,000 5,313,000 5,313,000 Communications Services Tax 6,814,600 6,814,600 6,814,600 Intergovernmental Revenues 11,350,290 11,355,576 11,367,582 12,007 Charges for Current Services 3,904,660 3,882,660 3,843,660 (39,000) Fines & Forfeitures 677,300 677,300 677,300 Interest Income 1,140,000 1,140,000 1,140,000 Miscellaneous 926,500 981,500 975,500 (6,000) Interfund Charges / Transfers In 17,516,670 20,236,265 27,806,432 7,570,167 Transfer from Surplus 0 (2,486,645) 2,336,130 4,822,775 Total, General Fund 115,453,300 115,724,536 128,084,484 12,359,949 Special Revenue Funds: Special Development Fund 16,138,440 16,139,779 21,648,456 5,508,677 Special Program Fund 2,099,430 4,769,084 6,914,626 2,145,542 Local Housing Asst Trust Fund 97,330 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,827,450 61,189,925 61,189,925 Stormwater Utility Fund 15,579,600 15,579,600 15,579,600 Solid Waste Fund 18,823,080 18,823,080 19,005,080 182,000 Gas Fund 42,901,470 47,952,869 46,420,259 (1,532,610) Recycling Fund 2,949,470 3,047,291 3,199,291 152,000 Airpark Fund 249,000 241,000 416,000 175,000 Marine Fund 4,850,380 4,590,380 3,864,880 (725,500) Downtown Boat Slips Fund 631,260 631,260 175,150 (456,110) Parking Fund 5,405,020 8,805,020 9,260,720 455,700 Harborview Center Fund 163,080 163,080 315,751 152,671 Internal Service Funds: Administrative Services Fund 9,430,000 9,455,846 9,459,294 3,448 General Services Fund 4,991,540 4,991,540 4,991,540 Garage Fund 12,824,540 12,824,540 13,030,286 205,746 Central Insurance Fund 19,161,320 23,956,320 28,851,320 4,895,000 Total, All Funds 330,575,710 348,982,480 372,503,992 23,521,513 EXHIBIT A (Continued) 2009-10 BUDGET EXPENDITURES First Quarter Mid Year Original Amended Amended Budget Budget Budget Attachment number 22 2009/10 2009/10 2009/10 Pagh4I Adments General Fund: City Council 296,570 296,570 304,920 8,350 City Manager's Office 1,274,680 1,274,680 1,274,680 City Attorney's Office 1,623,430 1,623,430 1,623,430 City Auditor's Office 182,410 182,410 182,410 Development & Neighborhood Svcs 0 0 0 Economic Development & Housing Svc 1,374,570 1,374,570 1,374,570 Engineering 7,441,890 7,441,890 7,441,890 Equity Services 0 0 0 Finance 2,195,470 2,195,470 2,195,470 Fire 21,760,100 21,760,100 21,760,100 Human Resources 1,108,350 1,108,350 1,108,350 Library 5,710,940 5,710,940 5,710,940 Marine & Aviation 564,440 564,440 564,440 Non-Departmental 4,903,750 5,136,700 17,415,292 12,278,592 Office of Management & Budget 285,690 285,690 285,690 Official Records & Legislative Svcs 1,087,520 1,087,520 1,087,520 Parks & Recreation 19,739,130 19,772,130 19,733,130 (39,000) Planning & Development 4,679,890 4,679,890 4,779,890 100,000 Police 37,415,990 37,421,276 37,433,282 12,007 Public Communications 1,031,750 1,031,750 1,031,750 Public Services 21580,000 2,580,000 2,580,000 Allocation to Reserves 196,730 196,730 196,730 Total, General Fund 115,453,300 115,724,536 128,084,484 12,359,949 Special Revenue Funds: Special Development Fund 12,423,130 12,389,301 17,628,313 5,239,012 Special Program Fund 1,799,430 4,469,084 6,614,626 2,145,542 Local Housing Asst Trust Fund 97,330 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,672,340 58,672,340 58,672,340 Stormwater Utility Fund 15,579,600 15,579,600 15,579,600 Solid Waste Fund 18,759,080 18,531,318 17,965,598 (565,720) Gas Fund 40,528,040 45,046,119 43,062,819 (1,983,300) Recycling Fund 2,949,470 2,949,470 2,845,510 (103,960) Airpark Fund 194,070 194,070 369,070 175,000 Marine Fund 4,552,760 4,423,160 3,862,660 (560,500) Downtown Boat Slips Fund 464,230 464,230 154,545 (309,685) Parking Fund 5,172,020 8,572,020 9,027,720 455,700 Harborview Center Fund 163,080 163,080 168,080 5,000 Internal Service Funds: Administrative Services Fund 9,224,590 9,250,436 9,253,884 3,448 General Services Fund 4,991,540 4,991,540 4,991,540 Garage Fund 12,824,540 12,824,540 13,030,286 205,746 Central Insurance Fund 18,208,370 18,378,370 23,273,370 4,895,000 Total, All Funds 322,056,920 332,720,544 354,681,775 21,961,232 Attachment number 23 Page 1 of 1 ORDINANCE NO. 8188-10 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 $5,584,709, 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 Mid Year 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 Mid Year Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Item # 14 Ordinance No. 8188-10 Attachment number 24 Page 1 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2009110 2009110 2009110 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 0 435,000 250,000 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 50,000 678,490 3,053,704 (992,923) 435,000 (4,602,065) (196,715) 6,211,885 86,143 10,000 635,310 2,719,900 1,967,268 950,000 870,359 5,073,864 7,563,214 520,000 26,000 9,560,410 10,263,579 220,000 (85,481) 85,481 (8,252,065) (269,665) 208,677 544,248 3,200 1,714,338 164,053 77,505 225,000 TOTAL 52,069,740 50,688,133 45,103,424 (5,584,709) GENERAL SOURCES: General Operating Revenue 1,470,990 1,518,217 2,326,809 808,592 General Revenue/County Co-op 635,310 635,310 635,310 Road Millage 2,090,670 2,090,670 2,090,670 Penny for Pinellas 6,225,000 6,191,171 6,621,506 430,335 Transportation Impact Fee 290,000 290,000 290,000 Recreation Land Impact Fee 0 (1,339) (1,339) Local Option Gas Tax 1,720,000 1,720,000 1,720,000 Special Development Fund 950,000 950,000 1,158,677 208,677 Special Program Fund 30,000 30,000 30,000 Grants - Other Agencies 2,900,000 1,944,155 2,032,703 88,548 Donations 900,000 900,000 900,000 Item # 14 47 Ordinance # 8188-10 Attachment number 24 Page 2 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Mid Year Original Amended Amended Budget Budget Budget 2009110 2009110 2009110 Amendments 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 BORROWING - GENERAL SOURCES: Improvement Revenue Bonds Lease Purchase - General Fund BORROWING - SELF SUPPORTING FUNDS: 50,000 15,000 10,000 260,000 250,000 500,000 3,050,490 5,652,800 5,340,000 350,000 0 0 0 (50,000) 15,000 10,000 3,660,000 250,000 500,000 3,050,490 5,652,800 7,415,709 350,000 (873,815) 20,464 62,327 (50,000) 15,000 10,000 4,115,700 250,000 500,000 3,050,490 5,652,800 7,493,215 350,000 (873,815) 245,464 62,327 119,400 119,400 325,146 150,000 150,000 150,000 0 (5,022,507) (5,019,307) 0 0 (8,252,065) 0 0 164,053 Lease Purchase - Water 42,540 42,540 42,540 Lease Purchase - Stormwater 300,000 300,000 300,000 Lease Purchase - Solid Waste 170,000 170,000 170,000 Lease Purchase - Recycling 220,000 220,000 220,000 Bond Issue - Water & Sewer 15,665,240 15,665,240 15,665,240 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,312,300 2,312,300 2,312,300 Lease Purchase - Administrative Services 400,000 400,000 400,000 455,700 77,505 225,000 205,746 3,200 (8,252,065) 164,053 TOTAL ALL FUNDING SOURCES: 52,069,740 50,688,133 45,103,424 (5,584,709) Item # 14 48 Ordinance # 8188-10 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Code of Ordinances Article VI, Division 2, Fiscal Management Procedure to reflect current terminology in state law and city charter and pass Ordinance 8185-10 on first reading. SUMMARY: City of Clearwater Code of Ordinances Article VI, Division 2, describes various fiscal management procedures to be followed by the City. Several revisions are required based upon changes in state law, charter changes, position title changes, and technology changes. The changes are identified below: Throughout Division 2 Commission has been changed to council to conform to current charter language. Grammatical/spelling changes. Section 2.511 State law has changed regarding which financial institutions may be used by the City and the requirements of such financial institutions. Florida Statues Chapter 280 defines qualified public depository and this section has been changed to refer to State law. The accounting standards have changed and the City must now comply with publications issued by the Governmental Accounting Standards Board and the Financial Accounting Standards Board. Section 2.512 Deputy finance director has been changed to Assistant Finance Director to conform to the City's position titles. Section 2.515 Intergovernmental service fund has been changed to internal service fund to comply with current accounting language. Section 2.517 Changes were made to tie City Council action on budgets to statutory requirements. Also included a requirement to post details on the City's website as opposed to the current requirement to publish in a newspaper. Section 2.521 Changes were made to match the ordinance to current practice. Due to technology, controls in the financial system make sure that no payments or obligations are incurred unless there are sufficient funds. It would not be practical to have the City Manager certify all payments. Section 2.522 Changes were made to remove the requirement of public referendum on certain bonds. This requirement was also in the Charter and was removed from the Charter via public referendum. Cover Memo Section 2.526 Item # 15 Changes were made to the requirement for manually signed checks which would typically only be used in an emergency. The requirement has been changed to require the city manager and the finance director or their designated alternates. Section 2.538 Dishonored check service fees have been changed to refer to Florida Statutes Chapter 68 rather than a specific amount so that the fees will change when the fees in the statute changes. 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 Attachment number 1 Page 1 of 7 ORDINANCE NO. 8185-10 AN ORDINANCE OF THE CITE' OF CLEARWATER, FLORIDA, AMENDING CODE OF ORDINANCES ,ARTICLE: VI, DIVISION , FISCAL MANAGEMENT PROCEDURE; PROVIDING AN EFFECTIVE DATE.. WHEREAS, Cit y of Clearwater Code of Ordinances Article VI, Division describes various fiscal management procedures to be followed by the City; and WHEREAS, severa revisions are required based upon changes in stone law, charter changes, position title changes and technology changes; now therefore, BE IT ORDAINED BY THE CITE` COUNCIL OF TIME CITY OF CLEARWATER, FLORIDA: Section 1. That Article VI, Division ., Clearwater Code of ordinances is amended as follows: ARTICLE Vl. FISCAL MANAGEMENT* DIVISION . FISCAL MANAGEMENT PROCEDURE* Sec, 2.511. Financial administration. Accounting, finance and treasury functions of the city will be combined in a single finance department under the direction of a finance director. For purposes of reference to the historical record or current or future documents wherein either title may appear, the titles city treasurer and finance director are deemed to be synonymous. The finance director shall be the custodian of all monies of the city, which shall be deposited in a selected by competitive bids or in such other manner as the 1;'!j ? a ?_i ?ii may deem appropriate. All bank accounts shall be in the name at the city. The finance director will ensure that an accounting system is muiritained in accordance with generally accepted accounting principles for governmental accounting as set forth in publications of the ordinance No. 4@M 4 15 Attachment number 1 Page 2 of 7 Sec.. 2.51 fnance director. The city manager, upon the request of the finance director, may appoint who, when so appointed, shall have the same powers and authorities and shall conform to all the rules of the city and of the law as the city finance director. Sec. 2.513. Submission of operating budget, capital improvements budget and prograr l and budget message. No lager than 60 days {prior to the end of each fiscal year, the city mar nger shall submit to the city corn -r s+ ?r i (-?nun ii ,operating budget for the ensuing fiscal year, a capital improvements budget and a five-year capital improvements program, and an accompanying budget message. Sec. 2.514. Contents of budget message. The city manager's budget message shall explain the budget bath in fiscal terms and in, terms o work programs. The budget message shall outline the proposed financial policies of the city for the ensuing fiscal year; describe features of the budget; indicate any major changes from the current year in financial policies, expenditures and revenues, together with the reasons for such changes; summarize the city's debt position and include such other supplementary material as will further explain the organization and content of the budget or such material as the city o ".11-1Cil may request. Sec. 2.515. Contents of operating b id g e t. (1) Operating budget documents shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year, and shall be presented in such form as stated in this section. In organizing the operating budget, the city manager shall utilize the most meaningful combination of expenditure classifications as will adequately disclose all material amounts budgeted by fund, organization unit, program, purpose or activity, and object. It shall begin with a clear summary of its contents; shall show in detail all estimated revenue including the sources thereof, indicating the proposed property tax level, and all proposed expenditures, including debt service for the ensuing fiscal year; and shall be so arranged a to show comparative figures for actual and estimated revenues and expenditures of the preceding year, and budgeted revenue and expenditures of the current fiscal year. It shall indicate in separate sections: (a) General operating budget. Proposed revenues and expenditures for general operations, including those capital expenditures contained in the operating budget and any transfers of general fund revenues to other funds, during the ensuing fiscal year, detailed to program levels by departments in terms of their respective work programs. (b) Enterprise and service funds. 2 Ordinance No. 8185-10 Item # 15 Attachment number 1 Page 3 of 7 1. Proposed operating expenditures, including those capital expenditures contained in the operating budget and transfers to ether funds, and estimated revenues of all enterprise and service funds will be attached! . A statement of estimated net income or deficit from operations for the current year for each such fund, including the proposed treatment of such net income or deficit. () Proposed expenditures or transfers from revenues shall not exceed for each fund the total' of estimated income for the ensuing fiscal year plus existing fund resources anticipated to be available for appropriation at the beginning of that year. Sec. 2.517. City :urllFiissioncauncil action on budgets. (1) Notice of hearing, Is ?r?r iti. n Lo the note e r=7,quire city ?:,,Fr its: l£?f?"council shali (:??I_!bli-{ {3#???e'n, a 1-11-1 3t on ?1 h?ilo at least seven days prior to the first ,3f itutori r( mired E hearing on and the pror(-)st:d il+i ik(je r M the general summary of the operating budget, the capital improvements budget and program, the rolled-I r: the percentage increase or decrease and the pry ?k)o"ed rate and a notice stating, (a) The times and places where copies of the budget message, operating budget, capital improvements budget and program are available for inspection by the public; and (b) The times and places for public hearings. (2) Amendment before adoption. After the st tutc)i :yre uir d public hearings, the city r,r, F: ioncouncil may adopt the operating and capital improvements budgets with or without amendment. In amending the operating budget, it may add or increase programs or amounts, or may delete or decrease, except expenditures required by law or for debt services or for estimated cash deficit, provided that no amendment to the operating budget shall increase the authorized expenditures to an amount greater than the total estimated income plus existing fund resources anticipated to be available for appropriation at the beginning of the ensuing fiscal year, (3) Adoption, The city shall adopt the operating budget and capital improvements budget and program by separate ordinances :err ?es prior to the end of each current fiscal year for the ensuing fiscal year, If it falls to adopt the operating budget by that time, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to- month basis, with all items in i prorated accordingly, until such time as the city corr+isi adopts an opernting budget for the ensuing fiscal year. Adoption of the operating budget shall constitute appropriations for the amounts specified therein as expenditures from funds indicated and shall constitute a levy of the property tax therein specified. (4) !Notice of hearing regarding discussion of the use of Penny for Pinellas fonds or for changes in the amount of project funding. 3 ordinance No. 8185-10 Item # 15 Attachment number 1 Page 4 of 7 Prier to the adoption of the capital improvement budget, a special public hearing shall be held to discuss the use of Penny for Pinellas tax. The city -1ii it shall public once in a newspaper of general circulation at least seven days prior to the hearing a notice stating: (a) ` he general summary of the proposed usage or change, and the times and places where copies of the proposed changes are available for inspection by the public; and (b) The times and places for the public hearing. Sec. 2.519. Amendments after adoption, (1) Supplemental appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city coEi tr l ,council, by ordinance, may make supplemental appropriations for the year up to the amount of such excess. () Emergency appropriations. To meet a public emergency affecting fife, health, property or the public welfare, the city , . }ri+s{ cou_rcil may make emergency appropriations. Such appropriations may be made by emergency ordinance. To the extent that there are no available unappropriated revenues to meet such appropriations, the city cunitnis-i council may by such ordinance authorize the issuance of emergency notes which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. () Reduction of appropriations, If at any time during the fiscal year it appears probable to the city manager that the revenues available will be insufficient to meet the amount appropriated, such event shall be reported to the city ?. t? ?i sioncounci[ without delay. Such report shall indicate the estimated amount of the deficit, any remedial action taken by the city manager and recommendation a to any other steps to be taken. The city commi-sF?c ct?r?cil shall then take such further action as it deems necessary to prevent or minimize any deficit, and for that purpose i shall by ordinance reduce one or more appropriations. (4) Transfer of appropriations. At any time during the fiscal year the city manager may for reasons of economy or efficiency, transfer part or all of any unencumbered' appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. The city manager may transfer appropriations within the capital budget provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget.. Such operas'-ing and capital transfers must be included in the next budget review presented to the city d r nm+s-;icin(,uundI. Upon detailed written request b the city manager, the city .; :n }i: Ettcnc it may by ordinance transfer part or all of any unencumbered appropriation balance from one fund to another. (5) Limitations; effective cafe. No appropriation for debt service may be reduced or transferred except where such reduction or transfer i surplus and will not jeopardize the specific debt service requirements, No appropriation may be reduced below any amount required by law to be appropriated by more than the unencumbered balance 4 Ordinance No. 81.85-10 Item # 15 Attachment number 1 Page 5 of 7 thereof. The supplemental and emergency appropriation and reduction or transfer of appropriations authorized by this section may he made effective immediately upon adoption. (f) If after adoption of the capital improvements budget and program there is a change proposed for the use of Penny for Pinellas tax, adding or subtracting $500,000.00 or more from a project approved in the capital improvement budget or adding new projects in excess of $500,000.00, there shall be an advertised public hearing before the city co missiei-ic until as set forth in section 2,51 7(4) above. Sec. 2.520. Lapse of appropriations. Every appropriation, except a appropriation for a capital improvements budget expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital improvements expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned. The purpose of any such appropriation may by action of the city r, ,stern a ,;;il, be declared abandoned if three years pass without any disbursement from or encumbrance of the appropriation, Sec. 2.521. Administration of budget. (1) Payments and obligations prohibited. No payments shall be made or obligation incurred except in accordance with appropriations duly made and unless there are sufficient funds therefrom and are or will be available to cover the, claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this division shall be void and any payment so made illegal. Such action shall be cause for removal of any person who knowingly authorized or made such payment or incurred such obligation, and such person shall also be liable to the city for any amount so paid. However, except where prohibited by law, nothing in this section shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payment beyond the end of the fiscal year, provided that such action is made or approved by ordinance. (2) Quarterly report. The city manager shall prepare a quarterly report for the operating and capital improvements budgets. Such reports shall contain: () Articipated quarterly income estimates, actual collections and variance between estimated and actual income for all city operating funds„ (b) Projected quarterly expenditure estimates, actual expenditures and variance between estimated and actual expenditures for all city operating funds; (c) A narrative explanation of significant variances listed above; () f=inancial status of all active capital improvements projects. Sec. 2.522. Approval of debt instruments. 5 Ordinance No. 8185-10 Item # 15 Attachment number 1 Page 6 of 7 c r Except those obligations incurred pursuant to the provisions of division 3 of this article, the purchasing code of the city, no debt instrument, bonds, notes, mortgages, debentures, loans or other evidences of debt not specified in this division, shall be valid without the explicit approval by majority of the city cam; , i .,r,cil. Such approval shall be in the form of an ordinance with public hearings as required by state law, for all debt instruments for which the repayment period extends beyond 12 months after the date of obligation. A city c-cin- fi li unc i resolution or ordinance may be used to approve a debt instrument maturing 12 months or less after the date of obligation. The requirements provided in this section shall be considered to be additiora: or supplernentary to the borrowing repuirernerts set out in F.& ch_ 166, pt. H, Sec. 2.526, Signatures on checks. Checks or warrants for payment of monies shall be signed b mechanical check signing equipment bearing the facsimile signature of the city manager and the finance director, I Manually signed checks will be signed by the finance director or his and the city manager or his designated alternate. Sec. 2.528. Dishonored check, service fee. (1 ) Any person issuing a check, draft or any other order to the city for the payment of money, which check, draft or carder is dishonored, shall be subjekt to a service fee in The service fee shall be in addition to all other penalties imposed by flaw. Proceeds from this fee, if imposed, shall be retained by the city. (2) 'violations involving checks and drafts shall be governed by Florida Statute 832. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING 6 ordinance No. 8185-10 Item # 15 Attachment number 1 Page 7 of 7 MASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to farm: Pamela K. Akin City Attorney Attest: Cynthia E. Coueau City Clerk 7 Ordinance No. 8185-10 Item # 15 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of Transportation (FDOT) for runway repairs at the Clearwater Airpark and adopt Resolution 10-16 and authorize the appropriate officials to execute same. SUMMARY: The FDOT has agreed to provide 80% maximum reimbursable funding for the overlay, marking, and repair of the runways at the Clearwater Airpark in the amount of $100,000.00, of the total project cost of $125,000.00. The City portion of $25,000.00 will be provided with an allocation of $25,000 of Airpark reserves to capital project 315-94863, Airpark Runway Repairs, as a third quarter budget amendment. Upon execution of the JPA, capital project 315-94863-542 will be established, Airpark Runway Repairs in the amount of the $125,000.00. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment: Yes Budget Adjustment Comments: Third quarter amendment to Airpark operating budget. Current Year Cost: $125,000.00 Annual Operating Cost: Not to Exceed: $125,000.00 Total Cost: $125,000.00 For Fiscal Year: 2009 to 2010 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 # 16 Attachment number 1 Page 1 of 1 RESOLUTION NO. 10-16 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, TO PROVIDE FUNDING FOR THE OVERLAY, MARKING AND REPAIR OF RUNWAYS AT THE CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding for the overlay, marking and repair of runways at the Clearwater Airpark under Joint Participation Agreement Financial Project No.: 41812419401, Contract No.: APS66, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Participation Agreement between the City and the State of Florida Department of Transportation, Financial Project No.: 41812419401, Contract No.: APS66, at the Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: Camilo Soto Assistant City Attorney 2010. Frank Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Resolution Nteff-#616 Attachment number 2 Page 1 of 28 ? - Aw Florida Department of Transportation CHARLIE CRIST GOVERNOR December 17, 2009 Mr. Gordon Wills Airport Operations Manager Marine and Aviation Department 25 Causeway Boulevard Clearwater, Florida 33767 11201 N. McKinley Drive Tampa, FL 33612-6456 RE: JOINT PARTICIPATION AGREEMENT (JPA) FPN: 418124-1-94-01 CONTRACT NO: APS66 Dear Mr. Wills: STEPHANIE C. KOPELOUSOS SECRETARY Enclosed are two (2) copies of the Joint Participation Agreement (JPA) providing for the Departments participation in the above referenced project. Please sign and return the grants. DO NOT DATE THE AGREEMENTS! Please note paragraph 8.30 of the JPA entitled Disallowed Costs. Do not incur any costs to this project until you receive a fully executed JPA from this office. Failure to comply with this provision is cause for non-participation by the Department. If you require additional information, please call me at (813) 975-6235. Your assistance in this matter is appreciated. Since 1 , s and Clark Avi tion Administrator RJC Enclosures %AAAAAt rlnt ctOtO fl iic Item # Q Attachment number 2 Page 2 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030.Ofi PUBLIC TRANSPORTATION 06W Page 1 of 14 Financial Project No.: Fund: DPTO FLAIR Category: 088719 41812419401 Function: 683 Object Code: 750004 em-segment- ase-sequence irr Contract No.: APS66 CFDA Number: na ederal No.. na Org. Code: 55072020728 UNS No.: 80-939-7102 Vendor No CSFA Number: 55004 F596000289002 THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Clearwater P.O. Box 4748, Clearwater, Florida 33578 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before June 30, 2015 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.007 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation through the Aviation Program in the overlay, marking, repair end-widening of runways at the Clearwater Airpark. and as further described in Exhibit(s) A, B, C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, an to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Item # 16 Attachment number 2 Page 3 of 28 72503006 PUBLIC TRANSPORTATMm 01M0 Pegs 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization Is requisite under applicable law to enable the Agency to enter Into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with reaped to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall Initiate and prosecute to corrlpletion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Docgments: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may ---_- requireas listed in' Exhibit*"C" attached hereto and by this reference made'a part'hereof.- 3.00 Project Cost: The total estimated cost of the project is $ 125,000 This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses In excess of the total estimated cost of the project and any deficits involved. 4.00 Department Pa ilclpation: The Department agrees to maximum participation, including contingencies, In the project in the amount+ofJ 100,000 as detailed in Exhibit "B", or in an amount equal to the per?oentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs Is subjgt to: . (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project Is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available 4.20 Front End Funding : Front end funding Q is Q is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown In paragraph 4.00. , 5.00 Retainage : Retainage 0 is O is not applicable. If applicable, percent of the Department's total share of participation as shown In paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit Item # 16 Attachment number 2 Page 4 of 28 725-03606 PUBLIC TRANSPORTATION 06/09 6.00 Project Budget and Payment Provisions: Page 3 of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.60 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "Y attached hereto and by this reference made a part hereof this Agreement. Item # 16 Attachment number 2 Page 5 of 28 725-030-06 PUBLIC TRANSPORTATION 06= Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. 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, 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 the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department 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, 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 1., 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)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Item # 16 Attachment number 2 Page 6 of 28 725-030,06 PUBLIC TRANSPORTATION 06109 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OM B Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: 11201 N. McKinley Drive, Tampa, Florida 33612 In addition, 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, and any management letters issued by the auditor, to the Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 Item # 16 Attachment number 2 Page 7 of 28 725-03006 PUBLIC TRANSPORTATION 06109 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 11201 N. McKinley Drive, Tampa, Florida 33612 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OM B Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department 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 Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Item # 16 Attachment number 2 Page 8 of 28 725-030-06 PUBLIC TRANSPORTATION 06/09 Page 7 of 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Seven Public Transportation Office 11201 N. McKinley Drive, Tampa Florida , FL, 33612 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; or 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Item # 16 Attachment number 2 Page 9 of 28 725-03006 PUBLIC TRANSPORTATION 06M Page 6 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Item # 16 Attachment number 2 Page 10 of 28 725-030-06 PUBLIC TRANSPORTATION 06/09 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Item # 16 Attachment number 2 Page 11 of 28 725-030-06 PUBLIC TRANSPORTATION 06/09 Page 10 d 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Item # 16 Attachment number 2 Page 12 of 28 725-03606 PUBLIC TRANSPORTATION 06109 Page 11 d 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Item # 16 Attachment number 2 Page 13 of 28 725-030,06 PUBLIC TRANSPORTATION 06/09 Page 12 d 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2015 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal 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. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. agency. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state Item # 16 Attachment number 2 Page 14 of 28 725-030-06 PUBLIC TRANSPORTATION 06/09 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Item # 16 Attachment number 2 Page 15 of 28 725-030,06 PUBLIC TRANSPORTATION 06/09 Page 14 of 14 Financial Project No. 41812419401 Contract No. APS66 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Clearwater AGENCY NAME SIGNATORY (PRINTED OR TYPED) FDOT See attached Encumbrance Form or date of Funding Approval by Comptroll r LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE TITLE DEPARTMENT OF TRANSPORTATION Scott W. Collister, P.E., CP CM Director of Transportation Development TITLE Item # 16 Attachment number 2 Page 16 of 28 Financial Proiect No. 41812419401 Contract No. APS66 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33578. Dated: Referenced by the above Financial Project Number. PROJECT LOCATION: Pinellas County; Clearwater Airpark PROJECT DESCRIPTION: To provide for the Department's participation through the Aviation Program in the overly, marking, repair and widening of runways at the Clearwater Airpark. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. Audit reports must be submitted to the Department within 13 months after fiscal year end or 30 days from audit completion. Audit work papers and reports shall be retained by the independent auditor for a minimum of three years from the date of the audit report. SPECIAL CONSIDERATIONS BY DEPARTMENT: Time extensions may be granted by the Director of Transportation Development. Item # 16 Attachment number 2 Page 17 of 28 Financial Proiect No. 41812419401 Contract No. APS66 EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the City of Clearwater, P.O. Box 4748. Clearwater Florida 33578. Dated: referenced by the above Financial Project Number. I. PROJECT COST: $ 125,000 TOTAL PROJECT COST: $ 125,000 H. - PARTICIPATION: Maximum Federal Participation FTA, FAA Agency Participation In-Kind/Cash Other ( 'YO) or $ ( 20%) $ 25,000 ( %) $ Maximum Department Participation, Primary (DS/DDR/DPTO) ( 80 %) or $ 100,000 Federal Reimbursable (DU)(FRA)(DFTA) ( %) . or $ Local Reimbursable (DL) ( 'Yo) or $ TOTAL PROJECT COST $ 125,000 Item # 16 Attachment number 2 Page 18 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" occCIA? AVIATION PROGRAM ASSURANCES Page 1 of9 FINANCIAL PROJECT NO.: 418124-1-94-01 EFFECTIVE DATE: A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities* and Exhibit B, "Project Budget, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non- compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following: a. Florida Statutes (F.S.) • Chapter 163, F.S., Local Government Comprehensive Planning and Land Development • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) • Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports Item # 16 Attachment number 2 Page 19 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EXHIBIT "C" AVIATION PROGRAM ASSURANCES • Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps to Building a New Airport • Florida Airport Financial Resource Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Guidelines for Plan Development 725-046.15 AVIATION OGC - 03M Page 2 of 9 2. Construction Certification: The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" • Standard Specifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4. National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority Item # 16 Attachment number 2 Page 20 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725440-15 AVIATION EXHIBIT "C" OGC -003M AVIATION PROGRAM ASSURANCES Page 3 of 9 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duty adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to dear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use 333.03, a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Sec#oNrnment F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure I o Attachment number 2 Page 21 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-04415 EXHIBIT "C" OGC-A? AVIATION PROGRAM ASSURANCES Page 4of9 adoption of an airport zoning ordinance or interlocal agreement with another kcal government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of kcal communities and has had reasonable consultation with those parties affected by the project c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency With Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controiled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), inducting all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and kcal funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JACIP) online website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for cap"dffl q)1tq ent or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the Attachment number 2 Page 22 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" OGCC-03M AVIATION PROGRAM ASSURANCES Page 5of9 owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30 years. 11. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department b. Duration of the terms or conditions in Section D11 a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public- use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility Item # 16 Attachment number 2 Page 23 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" O?c'AO 09 AVIATION PROGRAM ASSURANCES Pope6of9 a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United WgfWlry other country. Attachment number 2 Page 24 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-04415 EXHIBIT "C" ? ? AVIATION PROGRAM ASSURANCES Pape 7 of 9 d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. Item # 16 Attachment number 2 Page 25 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725.040.75 EXHIBIT "C" Dcc-? AVIATION PROGRAM ASSURANCES Pap8of9 d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Item # 16 Attachment number 2 Page 26 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725440-15 EXHIBIT "C" OGC-? AVIATION PROGRAM ASSURANCES Page 9of9 (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section 62 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Item # 16 Attachment number 2 Page 27 of 28 725-030-06 PUBLIC TRANSPORTATION 06M Exhibit D ExhibitD FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Compliance Requirements 1. 2. 3. STATE RESOURCES State Agency FDOT Compliance Requirements 1. 2. 3. Catalog of Federal Domestic Assistance (Number & Title) Catalog of State Financial Assistance (Number & Title) 55004 Amount Amount 400,000 Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Compliance Requirements 2. 3. Amount NOTE: Section.400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Item # 16 Attachment number 2 Page 28 of 28 Clark, Raymond From: The job F1989HLR Sent: Wednesday, December 09, 2009 3:18 PM To: Clark, Raymond Subject: FUNDS APPROVAUREVIEWED FOR CONTRACT APS66 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #APS66 Contract Type: AG Method of Procurement: G Vendor Name: CLEARWATER, CITY Vendor ID: VF596000289002 Beginning date of this Agmt: 12/11/09 Ending date of this Agmt: 06/30/15 Contract Total/Budgetary Ceiling: ct = $400,000.00 ************************************************************************ Description: Overlay, mark, repair and widen runways ************************************************************************ ORG-CODE *EO *OB3ECT *AMOUNT *FIN PR03ECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S)/STATUS ************************************************************************ Action: ORIGINAL Funds have been: APPROVED 55 072020728 *PT *750004 * 400000.00 *41812419401 *683 2010 *55100100 *088719/10 0001 *00 * *0001/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 400,000.00 * ------------------------------------------------------------------------ FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 12/09/2009 1 Item # 16 Attachment number 3 Page 1 of 1 725-030M PUBLIC TRANSPORTATION 01110 Pape 14 cf 14 Financial Project No. 41812419401 Contract No. APS66 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Clearwater AGENCY NAME William B. Horne II SIGNATORY (PRINTED OR TYPED) SIGNATURE City Mang er TITLE ATTEST: Cynthia E. Goudeau City Clerk Countersigned: Frank V. Hibbard, Mayor Approv a to 0 Camilo o, Assistant City Attorney FDOT See attached Encumbrance Form for date of Funding Approval Comp oller 1101ZM?4??4' LEGAL R VIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Scott W. Collister, P.E., CPCM Director of Transportation Development TITLE Item # 16 ?- Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Support Get Ready Tampa Bay, sponsored by Tampa Bay Regional Planning Council, to encourage the early release and integration of plug-in electric vehicles, adopt Resolution 10-15, and authorize the appropriate officials to execute same. SUMMARY: Get Ready Tampa Bay is focusing on identifying the barriers associated with the plug-in electric vehicles and providing a forum to interact with all partners and technical advisers to propose solutions for a smooth transition. Adoption of this resolution will commit to working with all parties included in the group to promote electric transportation through public and media outlets, promote the installation of charging stations, standardize local codes, support electric vehicle research efforts, educate electricians and building inspectors to expedite the permitting process and provide one representative from the City that will be a member of the Get Ready Tampa Bay Technical Advisory Group. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: None Annual Operating Cost: Total Cost: to Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 2 RESOLUTION NO. 10-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA SUPPORTING THE TAMPA BAY REGIONAL PLANNING COUNCIL'S EFFORTS FOR PROJECT GET READY TAMPA BAY TO PROMOTE THE REGION AS ELECTRIC VEHICLE PLUG-IN READY AND TO ASSIST IN PREPARING FOR THE USE OF PLUG-IN ELECTRIC VEHICLES; PROVIDING AN EFFECTIVE DATE. WHEREAS, many of the major motor vehicle companies as well as some start- up companies plan to begin launching plug-in and plug-in hybrid electric vehicles by the end of 2010; and WHEREAS, the use of electric transportation and more specifically, electric passenger and fleet vehicles can reduce the region's reliance on imported petroleum products; and WHEREAS, several studies have indicated that the use of electric vehicles could significantly reduce greenhouse gas emissions; and WHEREAS, the Rocky Mountain Institute has developed an initiative entitled Project Get Ready to promote the use and understanding of electric vehicles; and WHEREAS, the Rocky Mountain Institute has the goal of designating 20 cities/regions as Project Get Ready affiliates and the Federal government has set a target of at least one million electric vehicles in service by 2015; and WHEREAS, to be an active Project Get Ready affiliates, Rocky Mountain Institute has the following criteria: 1. Create a local Electric Vehicle working group consisting of relevant stakeholders, such as local governments, state and regional agencies, colleges and technical schools, business associations, employers, consumers, civic associations, and the like; 2. Appoint a leader, or "champion," of this group; 3. Agree to hold regular meetings; and 4. Create a charter or plan for initiative's Electric Vehicle (EV) and Electric Vehicle Service Equipment (EVSE) rollout; and WHEREAS, the Tampa Bay Regional Planning Council ("TBRPC") has several existing technical committees such as the Agency on Bay Management and the Regional Planning Advisory Committee to build upon to create an electric transportation advisory group; and WHEREAS, local governments and civic organizations have expressed support for the use of plug-in electric vehicles; and RESOL I ill #--151 7 Attachment number 1 Page 2 of 2 WHEREAS, the major electric utilities in the region wish to support Project Get Ready. WHEREAS, the TBRPC intends to enter into a Memorandum of Understanding with the Rocky Mountain Institute to become a regional Affiliate of Project Get Ready; and WHEREAS, the TBRPC will act as the "Champion" for Project Get Ready in the Tampa Bay Region to include the Florida counties of Hillsborough, Manatee, Pasco, and Pinellas and their municipalities; and WHEREAS, the TBRPC will sponsor the regional program to get the region ready for the use of electric vehicles and electric vehicle charging infrastructure. The program shall be known as Get Ready Tampa Bay and its web site shall be GetReadyTampaBay.org; and WHEREAS, the TBRPC will create a Get Ready Tampa Bay Technical Advisory Group and convene the group regularly to address issues related to educating and preparing the region for electric transportation, electric vehicle roll outs, electric vehicle equipment supply, and electric vehicle charging infrastructure; and WHEREAS, the TBRPC will create a Charter for Get Ready Tampa Bay and solicit participation from local governments, state and regional agencies, utilities, businesses, colleges and technical schools, business associations, employers, consumers, civic association, and the like. The Charter shall generally outline the non- binding roles and responsibilities of Get Ready Tampa Bay participants. Binding actions and responsibilities shall be encumbered by separate Memoranda of Understanding or similar agreement. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2009. Frank Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk RESOL I ill #--151 7 Attachment number 2 Page 1 of 2 RESOLUTION NO. 10-15 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA SUPPORTING THE TAMPA BAY REGIONAL PLANNING COUNCIL'S EFFORTS FOR PROJECT GET READY TAMPA BAY TO PROMOTE THE REGION AS ELECTRIC VEHICLE PLUG-IN READY AND TO ASSIST IN PREPARING FOR THE USE OF PLUG-IN ELECTRIC VEHICLES; PROVIDING AN EFFECTIVE DATE. WHEREAS, many of the major motor vehicle companies as well as some start- up companies plan to begin launching plug-in and plug-in hybrid electric vehicles by the end of 2010; and WHEREAS, the use of electric transportation and more specifically, electric passenger and fleet vehicles can reduce the region's reliance on imported petroleum products; and WHEREAS, several studies have indicated that the use of electric vehicles could significantly reduce greenhouse gas emissions; and WHEREAS, the Rocky Mountain Institute has developed an initiative entitled Project Get Ready to promote the use and understanding of electric vehicles; and WHEREAS, the Rocky Mountain Institute has the goal of designating twenty cities/regions as Project Get Ready affiliates and the Federal government has set a target of at least one million electric vehicles in service by 2015; and WHEREAS, to be an active Project Get Ready affiliate, Rocky Mountain Institute requires that the following criteria be met: 1. Create a local Electric Vehicle working group consisting of relevant stakeholders, such as local governments, state and regional agencies, colleges and technical schools, business associations, employers, consumers, civic associations, and the like; 2. Appoint a leader, or "champion," of this group; 3. Agree to hold regular meetings; and 4. Create a charter or plan for the initiative's Electric Vehicle (EV) and Electric Vehicle Service Equipment (EVSE) rollout; and WHEREAS, the Tampa Bay Regional Planning Council ("TBRPC") has several existing technical committees such as the Agency on Bay Management and the Regional Planning Advisory Committee to build upon to create an electric transportation advisory group; and WHEREAS, local governments and civic organizations have expressed support for the use of plug-in electric vehicles; and RESOL I ill #--151 7 Attachment number 2 Page 2 of 2 WHEREAS, the major electric utilities in the region wish to support Project Get Ready; and WHEREAS, the TBRPC intends to enter into a Memorandum of Understanding with the Rocky Mountain Institute to become a regional Affiliate of Project Get Ready; and WHEREAS, the TBRPC will act as the "Champion" for Project Get Ready in the Tampa Bay Region to include the Florida counties of Hillsborough, Manatee, Pasco, and Pinellas and their municipalities; and WHEREAS, the TBRPC will sponsor the regional program to get the region ready for the use of electric vehicles and electric vehicle charging infrastructure, the program shall be known as Get Ready Tampa Bay, and its web site shall be found at GetReadyTampaBay.org; and WHEREAS, the TBRPC will create a Get Ready Tampa Bay Technical Advisory Group and convene the group regularly to address issues related to educating and preparing the region for electric transportation, electric vehicle rollouts, electric vehicle equipment supply, and electric vehicle charging infrastructure; and WHEREAS, the TBRPC will create a Charter for Get Ready Tampa Bay and solicit participation from local governments, state and regional agencies, utilities, businesses, colleges and technical schools, business associations, employers, consumers, civic associations, and the like, the Charter shall generally outline the non- binding roles and responsibilities of Get Ready Tampa Bay participants, and binding actions and responsibilities shall be encumbered by separate Memoranda of Understanding or similar agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby expresses support for the Tampa Bay Regional Planning Council's efforts regarding Project Get Ready Tampa Bay. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Camilo Soto Assistant City Attorney day of , 2010. Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk RESOL I ill #--151 7 Meeting Date: 6/17/2010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Review Police Staff s proposed budget reductions for the Police Department. SUMMARY: On May 20, 2010 the Council approved a motion to direct the City Manager to sit down with Police staff, and police bargaining units along with CWA. After discussion with Unions, the Police Department will report back to City Council within 30 days with recommendations on savings. Proposed Budget Reductions to be discussed include: Historical Reductions FY 2009 - Elimination of 4 FTE's, Overtime Budget Reduction $500,000 Historical Reductions FY 2010 - Elimination of 16 FTE's Department-Wide Reductions FY 2011 - Elimination of 26.9 FTE's Office of the Chief - Reduction of 1 FTE Criminal Investigations - Reductions of 3 FTE's Patrol Division - Reduction of 10.4 FTE's Support Services - Reduction of 12.5 FTE's Current Span of Control Criminal Investigations - Sergeant/Detective Ratio Patrol Division - Sergeant/Officer Ratio Special Operations - Sergeant/Officer Ratio Potential Budget Reductions FY2011 - 2012 Property and Evidence Intake Savings Crime Scene Cost Reductions Other Cost Savings Opportunities Review Approval: 1) Clerk Cover Memo 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 4 r J ? 0? !v G?' 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U ?F L1, U a ++ L"r A o Q V W a ai Wow A a 6/17/2010 6/17/2010 6/17/2010 6/17/2010 Attachment number 2 Page 1 OfE?14/2010-4:37 PM Police Department FY'11 Proposed Reductions FTE's Department-Wide Medical Insurance - Employees that opted out (150,000.00) Memberships & Subscriptions (1,100.00) Closure of Downtown Bike Substation (5,500.00) Department-Wide Reductions (156,600.00) - Office of the Chief Humane Society Donation (7,800.00) Background Investigations (4,000.00) Police Recruit Sponsorships (16,000.00) Personnel Sergeant (based on officer salary) (69,050.00) (1.0) Total Office of the Chief - (96,850.00) (1.0) Criminal Investigations Other Services or Charges (5,000.00) Programming Services (4,000.00) Postpone Purchase of 1 Vehicle (6,000.00) Eliminate 4 Pool Cars (10,000.00) Economic Crimes Detective (71,730.00) (1.0) Misdemeanor Detective (68,750.00) (1.0) CACF Detective (69,800.00) (1.0) Total CID Reductions (235,280.00) (3.0) Attachment number 2 Page 2 OfE?14/2010-4:37 PM Patrol Patrol Vehicles/Take Home Vehicle Program (204,000.00) Patrol Pick-up Truck (12,500.00) Patrol Kawasaki Mules (8,000.00) Patrol Honda ATV (6,500.00) Uniforms for Sworn Personnel (100,000.00) Police Service Technician (132,770.00) (2.0) K-9 - Dog Only (8,500.00) Seasonal Police Aides Reduction of Hrs Due to Position Reclass (28,610.00) (1.4) Reduction of Related Social Security (2,190.00) (30,800.00) Volunteer Recognition (820.00) Police Officer (528,530.00) (7.0) Total Patrol Reductions (1,032,420.00) (10.4) Support Services Police Info Tech (33,880.00) (1.0) History Checks (5,000.00) Police Service Technician (382,870.00) (6.0) Command Bus Maintenance for Video Equip (3,000.00) Carpet Cleaning Services (1,500.00) Air Card Savings (4,000.00) Pager Savings (3,000.00) Hard Copying Reduction (copy paper) (9,000.00) Travel (12,500.00) Training (12,500.00) Attachment number 2 Page 3 OfE?14/2010-4:37 PM Debt Service Part-Time Custodial Worker Reduction of Related Social Security Comm Center Operator - Vacant Comm Center Supervisor - Vacant Language Line Service (9,150.00) (700.00) (21, 510.00 ) (0.5) (9,850.00) (159,000.00) (4.0) (51,220.00) (1.0) (4,000.00) Total Support Services Reductions (712,830.00) (12.5) TOTAL REDUCTIONS (2,233,980.00) (26.9) City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Direction regarding extending sales of alcoholic beverages to 3 a.m. SUMMARY: Meeting Date: 6/17/2010 Review Approval: 1) Clerk Cover Memo Item # 19