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09/07/2010 WORK SESSION AGENDA Council Chambers - City Hall 9/7/2010 - 9:00 AM 1. Office of Management and Budget 1.1 Set a final millage rate of 5.1550 mills for fiscal year 2010/11 levied against non-exempt real and personal property with the City of Clearwater and pass Ordinance 8215-10 on first reading. Attachments 1.2 Approve the City of Clearwater Annual Operating Budget for the 2010/11 fiscal year and pass Ordinance 8216-10 on first reading. Attachments 1.3 Adopt the Fiscal Year 2010/11 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8217-10 on first reading. Attachments 1.4 Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2010/11 through 2019/20. Attachments 2. Economic Development and Housing 2.1 Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. in the amount of $155,214 to acquire and develop affordable housing units and authorize appropriate officials to execute same. (consent) Attachments 3. Fire Department 3.1 Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 3.2 Award a contract (Purchase Order) in the amount of $156,902.00 to Ten-8 Fire Equipment, Inc., Bradenton, FL for one (1) Medtec Transport Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 4. Financial Services 4.1 Approve a loan from the City of Clearwater (Central Insurance Fund) to the CRA to fund the purchase of real property from MNEK, Inc., and other costs associated with the property, for $1.9 million at the cash pool rate, with interest only through Fiscal Year 2012 and level debt service for the remaining 6 years through Fiscal Year 2018, and authorize the appropriate officials to execute same. (consent) Attachments 4.2 Approve the amended pooled cash investment policy. (consent) Attachments 5. Marine and Aviation 5.1 Award a contract to American Underwater Contractors, Inc., per written quote, to install three 14-inch buoys on the Clearwater Pass Jetty for the total price of $9,596 and authorize the appropriate officials to execute same. (consent) Attachments 6. Parks and Recreation 6.1 Review the proposed artworks for Sculpture360, Season III - Art in the Cleveland Street District, and approve the expenditure of $8,000 from the Public Art Discretionary Fund to supplement the Sculpture360 project budget. (consent) Attachments 7. Police 7.1 Approve renewal of an Interlocal Agreement in the amount of $140,422.36 from the Community Redevelopment Agency (CRA) and authorize continuation of two full time equivalent positions to provide Community Police Officers for the East Gateway area, and authorize the appropriate officials to execute same. (consent) Attachments 7.2 Approve a contract in the amount of $599,928.00 with the Pinellas County Sheriff's Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, 2010 through September 30, 2011, and authorize the appropriate officials to execute same. (consent) Attachments 7.3 Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one-year period commencing July 1 2010 through June 30, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 8. Solid Waste/General Support Services 8.1 Award a Contract (Purchase Order) for $289,687.00 to Pat's Pump and Blower of Orlando, FL for one 2010 Freightliner M2 chassis with 15 cubic yard Aquatech Sewer/Catch Basin Cleaner in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 8.2 Award a Contract (Blanket Purchase Order) for $550,000 to Harris Corporation of Lynchburg, VA for the Quarterly Payments during the period of October 1, 2010 through September 30, 2012 toward the 20-Year Maintenance Agreement for the City's radio system approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) Attachments 9. Public Utilities 9.1 Award a contract (purchase order) to General Chemical, of Parsippany, NJ, for the purchase of Liquid Aluminum Sulfate in the amount of $541,523.84 during the contract period October 1, 2010 through September 30, 2013, being the lowest, most responsive bid for RFP 25-10, and authorize the appropriate officials to execute same. (consent) Attachments 10. Engineering 10.1 Approve agreements, for the period October 1, 2010 to September 30, 2013, with Citation Management, Milwaukee, WI, for parking violation processing services at a cost of $2.58 per citation processed and for collection agency services at a fee of 23% of total delinquent fines collected and authorize the appropriate officials to execute same. (consent) Attachments 11. Planning 11.1 Approve an amendment to the Interlocal Agreement between the City of Clearwater and Pinellas County pertaining to the Clearwater Planning Area, extending the term of said agreement from September 30, 2010 to September 30, 2020 and authorize the appropriate officials to execute same. (consent) Attachments 11.2 Approve continuation of Interlocal Agreement for Planning and Mapping Services with the Pinellas Planning Council for the term beginning October 1, 2010 through September 30, 2018, and authorize the appropriate officials to execute same. (consent) Attachments 12. Official Records and Legislative Services 12.1 Confirm the Mayor's reappointment of Deborah Woodard as a member to the Clearwater Housing Authority Board with the term to expire September 30, 2014. (consent) Attachments 12.2 Appoint Ariana Lazzaroni to the Sister Cities Advisory Board to fill the youth member vacancy with the term to expire September 30, 2014. (consent) Attachments 12.3 Approve amendments to Chapter 2, Administration, Article III, Appointed Authorities, Boards, and Committees and pass Ordinance 8220-10 on first reading. Attachments 13. Legal 13.1 Adopt Ordinance No. 8189-10 on second reading, annexing certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, and 2798 Morningside Drive; 1825 Skyland Drive; 2700 SR 590; 2746, 2752, and 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 13.2 Adopt Ordinance No. 8190-10 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2784, 2794, and 2798 Morningside Drive; 1825 Skyland Drive; 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, upon annexation into the City of Clearwater as Residential Low (RL); and whose post office addresses are 2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive; 2700 SR 590; 2746 and 2752 Terrace Drive; upon annexation into the City of Clearwater, as Residential Low (RL) and drainage feature overlay. Attachments 13.3 Adopt Ordinance No. 8191-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, and 2798 Morningside Drive; 1825 Skyland Drive; 2700 SR 590; 2746, 2752, and 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 13.4 Adopt Ordinance No. 8192-10 on second reading, making amendments to the Clearwater Downtown Redevelopment Plan by adding a new policy supporting the outdoor display of bicycles associated with retail bicycle uses abutting the Pinellas Trail and by expanding the uses allowed east of Garden Avenue. Attachments 13.5 Adopt Ordinance No. 8203-10 on second reading, annexing certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 13.6 Adopt Ordinance No. 8204-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). Attachments 13.7 Adopt Ordinance No. 8205-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of- way on the north side of subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). Attachments 13.8 Adopt Ordinance No. 8210-10 on second reading, vacating the Drainage and Utility Easement portion commencing at the Southwest corner of Lot 252, Coachman Ridge Tract A-III, (P.B. 88, Pg. 73), run thence S89° 55' 59" E along the South property line of said Lot 252 a distance of 97.5 feet to the Point of Beginning; thence N 00° 04' 01" E a distance of 15 feet, thence S 89° 55' 59" E a distance of 48.1 feet, thence S 45° 19' 58" W a distance of 21.31 feet to a point on the South property line of said Lot 252, thence N 89° 55' 59" W a distance of 32.96 feet to the Point of Beginning. Attachments 14. City Manager Verbal Reports 14.1 Clearwater Country Club Attachments 15. Council Discussion Items 15.1 Limiting Hours for Outdoor Music Attachments 15.2 Update on Pinellas County Digital Signs - Councilmember Jonson Attachments 16. Closing Comments by Mayor 17. Adjourn 18. Presentation(s) for Council Meeting 18.1 Summer Neighborhood and Homes of the Quarter Awards Attnchmentc 18.2 Summer Quarter Business Beautification Recognition Award Attachments 18.3 Suicide Prevention Week Proclamation Attachments 18.4 Hispanic Heritage Month Proclamation Attachments 18.5 City Clerk Oath of Office Attachments Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Set a final millage rate of 5.1550 mills for fiscal year 2010/11 levied against non-exempt real and personal property with the City of Clearwater and pass Ordinance 8215-10 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes, which defines requirements for the "Determination of Millage" and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance is to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 5.1550 mills on July 15, 2010, which is the rate that appeared on the TRIM bill notices mailed to taxpayers in August. The millage rate of 5.1550 mills represents a 10.52% decrease from the rolled back rate of 5.7610 mills. Ordinance 8215-10 is now presented in order to adopt the millage rate of 5.1550 mills to support the operating and capital improvement budgets for the 2010/11 fiscal year. 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 # 1 Attachment number 1 Page 1 of 1 MILLAGE ORDINANCE ORDINANCE NO. 8215-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.1550 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.1550 MILLS CONSTITUTES A 10.52% DECREASE FROM THE ROLLED BACK RATE OF 5.7610 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1, 2010, and ending September 30, 2011, from ad valorem taxes is $39,136,050; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.1550 mills are necessary to generate $39,136,050; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.1550 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1, 2010. Section 2. The levy of 5.1550 mills constitutes a 10.52% decrease from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2010. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk Ordinance, 8417-10 lk 99 l:= .......... E a) ? •'j m a v IIL C m . P JIL a ?Z d I ? ll 4 ' i, a ?i i ,i s I? I , I e gull s? r m ' ? ?,??'t,. '? III. a? 1 Illlll?ll?i??? IIII -44 0 ?u D? DC 1? I I= 4 lb 0 40 • r.? IIIIIIIII I r N C 0 1 milmimm r7 I L ?.7 11 • • M • • 1 • 1 • 12 m • m m pp a ME imolummKoff'o J Q ?? `i VLMI q n - - a ME immismoaff'o ?',Mmm E m C-1 P 4 11 • I a.? lk 99 l:= .......... E a) ? •'j Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the City of Clearwater Annual Operating Budget for the 2010/11 fiscal year and pass Ordinance 8216-10 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt the final budget. The adoption of the ordinance and the related ordinances adopting the 2010/11 millage rate and the Capital Improvement Budget are an integral part of fulfilling these requirements. On June 30, 2010, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement Budget that outlined proposed estimates of revenues and expenditures for the 2010/11 fiscal year. On July 13, 2010, the City Manager held a Special Council Meeting for Council discussion of the preliminary budget as well as citizen input. A public meeting was also held for citizen input on August 30, 2010. After the Preliminary budget was released, during Council discussion at the August 5th Council Meeting, the City Manager informed the council he intended to add back a Parks Service Technician into the budget to make sure the beach is maintained properly. This is the only change to the preliminary budget at this time. A worksheet detailing the changes made to date on the final budget for fiscal year 2010/11 is available. 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 # 2 Attachment number 1 Page 1 of 2 OPERATING BUDGET ORDINANCE ORDINANCE NO. 8216-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carry on the City government for the fiscal year beginning October 1, 2010, and ending September 30, 2011; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and and WHEREAS, the City Council has examined and carefully considered the proposed budget; WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 9, 2010, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2010, and ending September 30, 2011, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Ite?p #? Ordinance No. 8216-1 Attachment number 1 Page 2 of 2 Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2010. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ite?p #? Ordinance No. 8216-1 Attachment number 2 Page 1 of 2 EXHIBIT A CITY OF CLEARWATER 2010-11 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2008/09 2009/10 2010/11 GENERAL FUND: Property Taxes 43,828,561 41,786,420 37,271,490 Franchise Fees 10,204,413 10,152,000 10,575,000 Utility Taxes 12,020,599 12,321,860 12,858,380 Licenses, Permits & Fees 3,622,187 3,550,000 3,615,000 Sales Tax 5,275,818 5,313,000 5,150,000 Communications Services Tax 6,966,606 6,814,600 6,610,160 Intergovernmental 13,884,185 11,350,290 11,242,160 Charges for Services 4,159,475 3,904,660 3,814,050 Fines & Forfeitures 785,278 677,300 688,800 Interest Income 2,055,571 1,140,000 1,240,000 Miscellaneous 1,055,478 926,500 809,000 Interfund Charges/Transfers In 18,334,418 17,516,670 16,926,050 Fund Reserves 0 670,260 TOTAL GENERAL FUND 122,192,589 115,453,300 111,470,350 SPECIAL REVENUE FUNDS: Special Development Fund 16,218,436 16,138,440 15,727,430 Special Program Fund 9,870,964 2,099,430 2,067,990 Local Housing Assistance Trust Fund 1,504,242 97,330 0 ENTERPRISE FUNDS: Water & Sewer Fund 58,913,091 58,827,450 63,870,330 Stormwater Utility Fund 15,260,478 15,579,600 15,348,250 Solid Waste Fund 18,927,848 18,823,080 19,037,120 Gas Fund 40,250,026 42,901,470 40,163,760 Recycling Fund 2,571,186 2,949,470 2,864,150 Airpark Fund 377,724 249,000 240,250 Marine Fund 4,258,434 4,850,380 4,439,280 Downtown Boat Slips Fund 10,017,308 631,260 412,850 Parking Fund 6,091,537 5,405,020 4,990,380 Harborview Center Fund 759,084 163,080 59,850 INTERNAL SERVICE FUNDS: Administrative Services Fund 9,852,859 9,430,000 9,331,920 General Services Fund 5,282,855 4,991,540 4,811,930 Garage Fund 12,551,002 12,824,540 12,145,510 Central Insurance Fund 19,845,265 19,161,320 18,503,470 TOTAL ALL FUNDS 354,744,928 330,575,710 325,484,820 Ordinadte 1L3-10 Attachment number 2 Page 2 of 2 EXHIBIT A (Continued) CITY OF CLEARWATER 2010-11 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 2008/09 2009/10 2010/11 GENERAL FUND: City Council 261,938 296,570 280,450 City Manager's Office 1,095,543 1,274,680 1,204,940 City Attorney's Office 1,406,881 1,623,430 1,538,740 City Audit 173,339 182,410 185,080 Development & Neighborhood Services 3,732,912 0 0 Economic Development & Housing 1,252,827 1,374,570 1,347,210 Engineering 6,839,923 7,441,890 7,283,430 Equity Services 257,822 0 0 Finance 2,100,260 2,195,470 2,180,180 Fire 21,229,099 21,760,100 22,406,590 Human Resources 998,011 1,108,350 1,052,110 Library 5,818,206 5,710,940 5,718,790 Marine & Aviation 1,201,267 564,440 540,540 Non-Departmental 10,068,453 4,903,750 3,254,400 Office of Management & Budget 263,977 285,690 289,500 Official Records & Legislative Services 1,068,739 1,087,520 962,750 Parks & Recreation 19,476,936 19,739,130 19,006,070 Planning & Development 1,283,974 4,679,890 4,461,860 Police 37,191,505 37,415,990 36,371,290 Public Communications 888,607 1,031,750 950,320 Public Services 3,204,699 2,580,000 2,436,100 Allocation to Reserves 196,730 TOTAL GENERAL FUND 119,814,918 115,453,300 111,470,350 SPECIAL REVENUE FUNDS: Special Development Fund 16,590,456 12,423,130 15,621,530 Special Program Fund 6,866,857 1,799,430 1,817,990 Local Housing Assistance Trust Fund 564,100 97,330 0 ENTERPRISE FUNDS: Water & Sewer Fund 59,055,105 58,672,340 63,870,330 Stormwater Utility Fund 10,009,280 15,579,600 14,496,950 Solid Waste Fund 15,930,825 18,759,080 17,963,990 Gas Fund 29,599,585 40,528,040 34,886,010 Recycling Fund 2,519,892 2,949,470 2,864,150 Airpark Fund 556,188 194,070 188,560 Marine Fund 4,170,806 4,552,760 4,414,770 Downtown Boat Slips Fund 475,141 464,230 410,760 Parking Fund 4,082,980 5,172,020 4,463,390 Harborview Center Fund 576,019 163,080 59,850 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,494,278 9,224,590 9,130,020 General Services Fund 5,049,779 4,991,540 4,811,930 Garage Fund 11,304,910 12,824,540 12,138,430 Central Insurance Fund 29,933,648 18,208,370 17,483,090 TOTAL ALL FUNDS 325,594,767 322,056,920 316,092,100 Ordinadte 1L3-10 Council Changes to the Preliminary Budget Fiscal Year 2010/11 Final Preliminary Budget General Fund FY 10/11 Adjustments note FY 10/11 Property Taxes 37,271,490 37,271,490 Franchise Fees 10.575.000 10.575.000 Utility Taxes 12,858,380 12,5 cWnt number 3 f1 Licenses, Permits & Fees 3,615,000 3,61 ,000 Sales Tax 5.150.000 5.150.000 Communications Services Tax 6.610.160 6.610.160 Intergovernmental 11,242,160 11,242,160 Charges for Services 3,814,050 3,814,050 Fines & Forfeitures 688.800 688.800 Interest Income 1.240.000 1.240.000 Miscellaneous 809.000 809.000 Interfund Charges/Transfers In 16,926,050 16,926,050 Use of Reserves 637,810 32,450 (2) 670,260 TOTAL REVENUES 111,437,900 32,450 111,470,350 EXPENDITURES: City Council 280,450 280,450 City Manager's Office 1,204,940 1,204,940 City Attorney's Office 1,538,740 1,538,740 City Audit 185,080 185,080 Economic Development & Housing 1,347,210 1,347,210 Engineering 7,283,430 7,283,430 Finance 2.180.180 2180.180 Fire 22.406.590 22.406.590 Human Resources 1.052.110 1.052.110 Library 5,718,790 5,718,790 Marine & Aviation 540,540 540.540 Non-Departmental 3,254,400 3,254,400 Office of Management & Budget 289,500 289,500 Official Records & Legislative Services 962,750 962,750 Parks & Recreation 18,973,620 32,450 (1) 19,006,070 Planning & Development 4,461,860 4,461,860 Police 36.371.290 36.371.290 Public Communications 950.320 950.320 Public Services 2.436.100 2.436.100 Allocation to General Fund Reserves - - TOTAL EXPENDITURES 111,437,900 32,450 111,470,350 1) Cost of one PST for Beach Team 2) Adjustment to reserves to add back the one PST position Item # 2 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt the Fiscal Year 2010/11 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8217-10 on first reading. SUMMARY: In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2010/11 millage rate and Operating Budget are an integral part of fulfilling these requirements. On June 30, 2010, the City Manager provided the City Council with the Preliminary Annual Operating and Capital Improvement budget. The City Manager held a special budget meeting for the City Council as well as the citizens of Clearwater on July 13, 2010 to discuss the preliminary budget and a public meeting was held for citizen input on August 30, 2010. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 2 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 8217-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carry on said Capital Improvement Program for the fiscal year beginning October 1, 2010, and ending September 30, 2011; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 9, 2010; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2010, and ending September 30, 2011, a Ordinance No. 8217-10 Item # 3 Attachment number 1 Page 2 of 2 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1, 2010. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk Ordinance No. 8217-10 Item # 3 Attachment number 2 Page 1 of 2 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11 Budgeted Revenues GENERAL SOURCES: 2010/11 General Operating Revenue 1,630,040 General Revenue/County Coop 635,310 Road Millage 2,092,430 Penny for Pinellas 11,850,000 Transportation Impact Fee 290,000 Local Option Gas Tax 1,389,190 Special Program Fund 25,000 Grants - Other Agencies 200,000 SELF SUPPORTING FUNDS: Marine Revenue 80,000 Downtown Boat Slips Revenue 15,000 Aviation Revenue 10,000 Parking Revenue 310,000 Utility System: Water Revenue 6,020,070 Sewer Revenue 2,666,600 Water Impact Fees 250,000 Sewer Impact Fees 500,000 Utility R & R 2,677,600 Stormwater Utility Revenue 4,331,450 Gas Revenue 2,700,000 Solid Waste Revenue 415,000 INTERNAL SERVICE FUNDS: Garage Revenue 40,000 Administrative Services Revenue 350,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 645,750 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 94,770 Lease Purchase - Stormwater 300,000 Bond Issue - Water & Sewer 10,219,800 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,611,600 Lease Purchase - Administrative Services 400,000 TOTAL ALL FUNDING SOURCES: $52,749,610 Ordinance 4480413-10 Attachment number 2 Page 2 of 2 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11 Budgeted Expenditures FUNCTION: 2010/11 Fire Protection Major Street Maintenance Intersections Parking Misc Engineering Parks Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System 1,020,790 3,316,620 435,000 300,000 8,035,000 4,605,500 220,000 10,000 635,310 2,951,600 204,500 840,000 4,629,450 2,700,000 415,000 24,000 6,207,000 16,199,840 TOTAL PROJECT EXPENDITURES $52,749,610 Ordinance 4480413-10 Attachment number 3 Page 1 of 1 Exhibit B CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2010-2011 THROUGH FY 2015-2016 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Schedule of Planned Expenditures Function 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 Total Fire Protection New Street Construction Major Street Maintenance Sidewalk and Bike Trails Intersections Parking Miscellaneous Engineering Parks 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 1,020,790 5,280,580 2,807,630 4,749,820 1,668,570 5,084,300 20,611,690 2,500,000 2,500,000 3,316,620 3,794,310 3,650,820 3,664,780 3,678,880 5,693,120 23,798,530 472,000 472,000 944,000 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000 300,000 225,000 200,000 225,000 225,000 225,000 1,400,000 8,035,000 35,000 35,000 35,000 35,000 35,000 8,210,000 4,605,500 1,042,500 1,282,500 10,102,500 1,112,500 4,862,500 23,008,000 220,000 423,000 423,000 423,000 423,000 423,000 2,335,000 10,000 10,000 10,000 10,000 10,000 10,000 60,000 635,310 10,635,310 639,740 665,310 685,270 705,830 13,966,770 2,951,600 3,074,590 3,131,190 3,088,950 3,147,910 3,108,080 18,502,320 204,500 370,100 346,060 325,140 344,350 339,250 1,929,400 7,000,000 7,000,000 840,000 620,000 5,420,000 645,000 645,000 650,000 8,820,000 4,629,450 5,250,000 4,100,000 4,430,000 6,000,000 5,300,000 29,709,450 2,700,000 2,700,000 2,750,000 2,750,000 2,750,000 2,750,000 16,400,000 415,000 415,000 460,000 545,000 546,000 530,000 2,911,000 24,000 20,000 20,000 24,000 20,000 20,000 128,000 6,207,000 9,137,000 7,832,310 8,240,000 13,234,370 21,522,170 66,172,850 16,199,840 6,143,140 16,160,250 8,115,000 5,525,000 2,982,590 55,125,820 96,000 100,000 100,000 100,000 396,000 52,749,610 49,610,530 52,299,500 48,573,500 48,057,850 55,247,840 306,538,830 OrdinadteM.#227-10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the recommended Penny for Pinellas project list, as revised for Fiscal Years 2010/11 through 2019/20. SUMMARY: On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there is any proposed change to Penny for Pinellas project funding of $500,000 or more. There are only two changes proposed in the six-year capital plan as follows: Main Fire Station The project budget for the Main Fire Station has been increased by $4,057,520. In 2006, $3 million in Penny 11 funds were used to establish a project to renovate or replace the Main Fire Station 45 located downtown. The additional $4,057,520 will provide the necessary funding to construct a category five-rated station with living space for a diverse work force, room for equipment and apparatus bay, and office space for Fire Administration and Prevention Services. Fire Engines The project budget for Fire Engine replacements has been increased by $69,300 primarily to reflect expected inflationary cost increases in three engine replacements planned in future fiscal years of the plan. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 1 CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COUNCIL MEETING Thursday, September 9, 2010 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas project list for fiscal years 2010/11 through 2019/20 totaling $107,232,000 to fund capital projects under the Penny for Pinellas Plan. The project list has been increased by $4,126,820 from an initial total of $103,105,180 to a proposed total of $107,232,000 as outlined in the attached document. Primary changes include: Main Fire Station The project budget for the Main Fire Station has been increased by $4,057,520. In 2006, $3 million in Penny II funds were used to establish a project to renovate or replace the Main Fire Station 45 located downtown. The additional $4,057,520 will provide the necessary funding to construct a category five rated station with living space for a diverse work force, room for equipment and apparatus bay, and office space for Fire Administration and Prevention Services. • Fire Engines The project budget for Fire Engine replacements has been increased by $69,300 primarily to reflect expected inflationary cost increases in three engine replacements planned in future fiscal years of the plan. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Council, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, MMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Item # 4 Attachment number 2 Page 1 of 1 Proposed Changes to the Penny for Pinellas Project List For Planned Projects in Fiscal Years 2010/11 through 2019/20 As of October 1, 2010 enny III Projects Current Plan Approved 10/1/2009 Project Budget Proposed Amendment New Plan Recommended 10/1/2010 Royalty Theater 3,550,000 3,550,000 Downtown Intermodal Facility 8,000,000 8,000,000 Police Vehicles 1,500,000 1,500,000 Fire Engines 1,520,000 69,300 1,589,300 Main Station (Fire Station Replacement) - 4,057,520 4,057,520 Clearwater Beach Fire Station 3,697,910 3,697,910 Countryside Fire Station 4,198,460 4,198,460 Lakeview Fire Station 4,305,560 4,305,560 Bayshore Blvd Realignment 2,500,000 2,500,000 City-wide Seawall Replacement 1,250,000 1,250,000 Traffic Calming 5,000,000 5,000,000 Consolidated "Eastside" Library 10,000,000 10,000,000 Library Technology 1,250,000 1,250,000 Ruth Eckerd Hall 4,000,000 4,000,000 St. Petersburg Times Property 3,500,000 3,500,000 Coachman Park Redevelopment 5,000,000 5,000,000 New Sidewalk Construction 2,833,250 2,833,250 Downtown Streetscaping 8,000,000 8,000,000 New City Hall & Parking Garage 7,000,000 7,000,000 Youth Sports Fields Renovations 7,000,000 7,000,000 Neighborhood Parks Renovations 5,000,000 5,000,000 Recreation Trails 3,000,000 3,000,000 Municipal Beach Parking Garage 8,500,000 8,500,000 Countryside -TBD 2,500,000 2,500,000 Total Penny III Projects 103,105,180 4,126,820 107,232,000 Item # 4 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Community Housing Development Organization Agreement with Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. in the amount of $155,214 to acquire and develop affordable housing units and authorize appropriate officials to execute same. (consent) SUMMARY: Among the purposes of the Cranston-Gonzales National Affordable Housing Act of 1990, as amended, are: (1) to promote partnerships between State, units of general local government and nonprofit organizations, and (2) to expand nonprofit organizations' capacity to develop and manage decent and affordable housing. To assist in achieving these purposes, the City of Clearwater, under the HOME Investment Partnership (HOME) Program must reserve not less than 15% of their HOME allocations for investment in housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDOs). The City of Clearwater must identify eligible nonprofit organizations that are capable, or can reasonably be expected to become capable of, carrying out elements of Clearwater's approved housing strategy. Only nonprofit organizations that have been certified by HOME participating jurisdictions as CHDOs can receive funds from the minimum 15% set-aside. Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc. is requesting $77,100 in Fiscal Year 2001 funds and $78,114.45 in Fiscal Year 2008 funds. The allocations will be used to build single-family homes on vacant lots the agency already owns. The agency is a newly created not-for-profit organization. The agency's parent organization is Pinellas County Habitat for Humanity and will be staffed by their employees. The Fiscal Year 2001 HOME CHDO allocation is derived from funds previously set aside for another CHDO whose proposed project did not meet HOME Program guidelines. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $155,214 Not to Exceed: For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment 0683-00000-104110-000- $155,214 0000 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 14 CITY OF CLEARWATER, FLORIDA AND PINELLAS COUNTY HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORPORATION, INC. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into this day of , 2010, by and between the City of Clearwater, Florida, a municipal corporation existing by and under the laws of the State of Florida, herein after referred to as the "City", and Pinellas County Habitat for Humanity Community Housing Development Corporation, Inc., a not-for-profit corporation organized under the laws of the State of Florida, herein after referred to as the "Habitat for Humanity CHDO"; WHEREAS, the City is the recipient of a HOME Investment Partnership Program (HOME) Grant from the U.S. Department of Housing and Urban Development (HUD) pursuant to Title II of the Cranston- Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. (HOME Program), codified and implemented by 24 CFR Part 92; and WHEREAS, under the provisions of the Act, the City is required to set-aside at least 15% of its HOME Investment Partnership Program entitlement allocation to organizations that meet the requirement for Community Housing Development Organizations (CHDOs), as specified by the HOME Program, for the CHDO to own, develop or sponsor housing for families at or below 80% of the area median income; and WHEREAS, Habitat for Humanity CHDO has met the requirements established by the federal government and has been certified as a CHDO by the City, pursuant to the National Affordable Housing Act of 1990, as amended; and WHEREAS, the City and the Habitat for Humanity CHDO desire to sign an agreement which sets forth terms and conditions for the use and acceptance of the unexpended FY 2001 and FY 2008 HOME Program CHDO Set Aside funds; and NOW THEREFORE, in consideration of the promises and covenants contained herein the parties hereto agree as follows: PART I - SPECIFIC TERMS AND CONDITIONS A. Source and Use of Funds Sources of Funds: The sole source of funding from the City for payment of services performed under this Agreement is the HOME Investment Partnership Program entitlement provided to the City by HUD. Habitat for Humanity CHDO agrees that in the event that the HOME Investment Partnership Program entitlement is reduced or withheld by HUD, the City shall not be liable for payment of contracted services from any City fund other than the HOME Investment Partnership Program entitlement, in which case Habitat for Humanity CHDO further agrees that the maximum sum payable under this Agreement may be reduced by the City. In the event HUD determines that the City or Habitat for Humanity CHDO have not fulfilled their obligation under the HOME Investment Partnership entitlement requirements, or the City determines that Habitat for Humanity CHDO has not fulfilled its obligation under the HOME Investment Partnership Program requirements, HUD or the City may demand reimbursement of expenses paid under this Agreement. Habitat for Humanity CHDO shall provide said reimbursement from non-federal sources within ten days of said notice from the City. Item # 5 Attachment number 1 Page 2 of 14 Funding in this agreement includes $77,100 from FY 2001 and $78,114 from FY 2008 HOME Program CHDO Set-asides. Habitat for Humanity CHDO further acknowledges that this Agreement is necessary to comply with the requirements of 24 CFR Part 92 - HOME Investment Partnership Program and incorporated herein by reference, which is the source of funds provided under this Agreement, and agrees that it will comply with, and will require all subcontractors, subgrantees and assigns to comply with all terms and conditions of said 24 CFR Part 92 and this Agreement, as amended. It shall be Habitat for Humanity CHDO's responsibility to ensure that it has the latest version of all applicable laws and regulations in its possession to ensure compliance with their provisions. 2. Use of Funds: In consideration of HOME Investment Partnership Program entitlement funding allocated by the City, Habitat for Humanity CHDO shall operate the programs and specific activities described in the Habitat for Humanity CHDO's Proposal. Habitat for Humanity CHDO shall utilize its HOME allocation as an owner-developer to provide housing for families at or below 80% of the area median income in accordance with policies established by HUD and therefore shall: a. HOME funds provided to this project will be used for construction of affordable housing units. b. The project shall be implemented in accordance with this agreement and declaration of restrictive covenants. B. Program Requirements Habitat for Humanity CHDO shall comply with all requirements of 24 CFR Subpart F pertaining to affordable housing including, but not limited to: 1. Minimum/Maximum per Unit Subsidy/Value: The minimum pre-unit subsidy amount for HOME Investment Partnership Program entitlement funds invested shall not be less than One Thousand dollar ($1,000). The maximum per-unit subsidy/value of units assisted with HOME funds shall not be no more than the per-unit dollar limit established for mortgages under Section 221 (d)(3)(ii) of the National Housing Act for the Tampa-Clearwater-St. Petersburg metropolitan area. 2. Affordability Period: Rental units shall provide affordable housing to low- and moderate- income households for the following minimum affordability periods. Activity Average Per-Unit HOME $ Minimum Affordability Period Investment Rehabilitation or Acquisition of <$15,000/unit 5 years Existing Housing $15,000-40,000/unit 10 years >$40,000/unit 15 years Refinance of Rehabilitation Any dollar amount 15 years Proj ect New Construction or Acquisition Any dollar amount 20 years of New Housing Item # 5 Attachment number 1 Page 3 of 14 3. Income Restrictions: Habitat for Humanity CHDO maintains that the homebuyer's income, of the newly constructed single-family home, shall not exceed 80 percent of the area median income. Habitat for Humanity CHDO shall be responsible for determining and verifying the income eligibility of the HOME tenants. Habitat for Humanity CHDO shall determine the income by using the Section 8 Program definition of annual gross income and shall verify the income through third parry verifications. 4. Duration of Restrictions: The provisions of 24 CFR Subpart F, as it may be amended, shall survive termination of this contract for any reason. 5. Housing Quality Standards: Habitat for Humanity CHDO maintains that all new and rehabilitated units shall meet all applicable local codes, rehabilitation standards, and ordinances in accordance with 24 CFR Part 92.251; as well as the Model Energy Code published by the Council of American Building Officials (newly constructed units), the Southern Building Code, the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 or the Cost Effective Energy Conservation and Effectiveness Standards in 24 CFR Part 39 (substantially rehabilitated units, defined as having a rehabilitation cost of greater than or equal to $25,000). Habitat for Humanity CHDO shall maintain all work funded under this Agreement is performed by properly licensed and qualified contractors in accordance with applicable state, county and city laws and codes and that all rehabilitation work requiring a construction permit is obtained. 6. Housing Inspections: Habitat for Humanity CHDO maintains that all units assisted with HOME funds are decent, safe and sanitary and meet the general conditions listed in Section 6 of this agreement. Further, Habitat for Humanity CHDO agrees that it will make all records and property assisted with HOME funds available for inspection within a reasonable period. 7. Site Sensitivity: Habitat for Humanity CHDO maintains that it will not undertake any activity that may adversely affect historic or environmentally sensitive sites; and to mitigate any findings identified in the environmental checklist. The City shall be responsible for ensuring the proposed projects meet the requirements listed in 24 CFR Part 58. 8. Property Management: Habitat for Humanity CHDO shall be responsible for the maintenance and upkeep of all such property and maintain sufficient insurance to cover the cost of replacement. 9. Audit: Habitat for Humanity CHDO maintains that it shall, at any time during normal business hours and as often as the City and/or Comptroller General of the United States and/or any of their duly authorized representatives may deem necessary, make available for examination all of Habitat for Humanity CHDO's records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the City and/or the Comptroller General to audit and examine all books, documents, papers, records and data related to this Agreement. C. Method of Payment 1. Funding Allocation: Both parties agree that the total compensation to be paid hereunder for actual expenses incurred shall be no more than ONE HUNDRED FIFTY FIVE THOUSAND TWO HUNDRED FOURTEEN DOLLARS ($155,214). The City hereby acknowledges that the funds provided shall be derived from the 15% CHDO set-aside through FY 2001 and FY 2008 HOME Program in the amounts of $77,100 and $78,114 respectively. Item # 5 Attachment number 1 Page 4 of 14 The funds will be expended in accordance with the terms and conditions of the agreement. Funds reserved for Habitat for Humanity CHDO may increase or decrease, subject to production standards. Any remaining funds shall revert to the City or other City approved agency. Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions. D. Return on Investment 1. CHDO Proceeds: Funds provided to this activity shall be considered program income and shall be returned to the City once the property is sold. Recaptured Funds: Funds recaptured, because housing no longer meets the affordability requirements under 24 CFR Part 92.254, are subject to the requirements of Part 92, and must be properly identified and deposited in the Habitat for Humanity CHDO's HOME Account for use for additional HOME eligible projects. Recaptured funds must be used prior to the drawing down of additional HOME Investment Partnership entitlement funds from the City under this Agreement. Habitat for Humanity CHDO is required to submit an annual report by October 15th of every year that identifies the current unit tenant, and affordability period for all previously HOME assisted projects detailed in Part I, Section F.2 of this Agreement in order to determine continued compliance with affordability requirements. E. Project Approval Process Habitat for Humanity CHDO shall submit a completed project proposal package to the City that includes all of the required documents referenced in this document and demonstrates compliance with the HOME Program regulations stated in the Final Rule, 24 CFR Part 92 prior to City approval of the project. Upon complete submittal of the project proposal package, the City shall respond to project proposals in writing within fifteen working days. Closings on proposed construction shall not be scheduled prior to project approval by the City. F. Program Evaluation and Monitoring Program Goals: The annual performance under this Agreement shall be measured against the program goals set forth in Habitat for Humanity CHDO's Application. Program Monitori ng: The City has the right to monitor and evaluate all aspects of activities carried out by Habitat for Humanity CHDO. Such evaluations will be affected by the submission of reports and information by Habitat for Humanity CHDO and monitoring visits of Habitat for Humanity CHDO by the City. The City will conduct biannual monitoring/site visits throughout the current contract year. Contractual requirements related to inspections, reports, and records include, but are not limited to: a. Program Records - Habitat for Humanity CHDO shall maintain monthly bank statements of Habitat for Humanity CHDO's HOME Account, records, reports, data and information as may be required by HUD in 24 CFR Part 92.508 or the City pertaining to matters of this Agreement. 3. Project Files: Habitat for Humanity CHDO shall maintain accurate individual project files with detailed records of each property, including: a. Acquisition, construction or renovation costs and operating costs attributed to a project, identifying direct assistance funded through the HOME Investment Partnership fund, CHDO Proceeds, project revenue or other sources; Item # 5 Attachment number 1 Page 5 of 14 b. A copy of the executed note and mortgage on the property; c. Set-up/Completion reports on the property. Completion reports must be submitted to the City within sixty (60) days of rehab/construction and lease-up completion. d. Habitat for Humanity CHDO's annual report verifying ownership and household income for each completed HOME Investment Partnership entitlement assisted unit throughout the affordable term; and e. Documentation substantiating compliance with Equal Opportunity, Fair Housing and Affirmative Marketing, and other contractual requirements. Habitat for Humanity CHDO shall maintain a summary of this information and shall submit this information to the City upon request. These records shall be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. 4. Activities Report: A monthly activity report shall be completed and submitted by the tenth working day of each month summarizing HOME funded, and other low-income housing activities, during the previous month and during the fiscal year-to-date. The report shall detail property acquisitions, construction project status, sales of property, CHDO proceeds and a description of the fund activity in Habitat for Humanity CHDO's HOME account. This report must include a monthly bank statement of the HOME Account and copies of prior month checks written against this account. Records Retention: Habitat for Humanity CHDO shall retain all records pertaining to this Agreement, including, but not limited to financial, statistical, property and programmatic records, for five years from the last day of the City's fiscal year, (September 30t ), in which this Agreement expires, five years after the affordability period or is terminated. All records, which are subject to audit findings, shall be retained for five years in the manner prescribed above or until an ongoing audit is completed and all issues raised by the audit are resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by federal, state or local law. These records shall be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. Reversion of Assets: Habitat for Humanity CHDO certifies that immediately upon the earliest of. 1) the event of default under the terms and conditions of this Contract; 2) dissolution of Habitat for Humanity CHDO; 3) termination of any program described herein; or 4) the expiration or termination of this Agreement, if said Agreement is not renewed or extended, any HOME Investment Partnership entitlement funds remaining in the Habitat for Humanity CHDO's HOME Account, repayments of all loans, proceeds from the sale of property and title to property that has been purchased, newly constructed, and/or rehabilitated with HOME funds and not yet leased, accounts receivable, and/or proceeds or assets attributable to the use of the HOME Investment Partnership entitlement funds, shall revert to the City. Habitat for Humanity CHDO further stipulates that in the event that non-expendable personal property purchased under this Agreement is sold during the term of this Agreement, or for one year received by Habitat for Humanity CHDO at any time after contract expiration, any income from the sale shall be returned to the City within ten days from the sale date. In the event that the balance of funds held in Habitat for Humanity CHDO's HOME Account, combined with the proceeds from the sale of the above HOME funded personal property, is not sufficient to repay HOME Investment Partnership entitlement funds drawn by Habitat for Humanity CHDO on open HOME projects, Habitat for Humanity CHDO must provide a written explanation to the City at least 20 working days prior to the sale of any CHDO property. Item # 5 Attachment number 1 Page 6 of 14 G. Time of Performance 1. Annual CHDO Recertification: The CHDO Recertification documentation shall clearly demonstrate that the CHDO continues to meet the definition of a CHDO, and shall be submitted to the City by July 1, 2011, or the City may decline to recertify and decline to renew this Agreement. 2. Commencement and Term: Services described in this Agreement shall commence on August 1, 2010 and shall continue in effect through July 31, 2011. This Agreement may be subject to renewal, through July 31, 2012, only if Habitat for Humanity CHDO has been recertified according to Part I, Section H, Paragraph 1, and has made significant progress toward the performance of the goals stipulated in the Work Program. 3. Reallocation of Funding: Upon consideration of renewal of this Agreement, the City shall evaluate the performance of Habitat for Humanity CHDO in comparison to the goals defined in the Work Program. In the event there is no activity toward these goals, the City has the right to divide the funding stipulated in this Agreement among other qualified CHDOs. PART II - GENERAL TERMS AND CONDITIONS 1. Religious Organizations: As partial consideration of receipt of funds under this Agreement: a. Habitat for Humanity CHDO shall not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. Habitat for Humanity CHDO shall not discriminate against any person seeking assistance from Habitat for Humanity CHDO on the basis of religion and will not limit services or give preference to persons on the basis of religion; c. Habitat for Humanity CHDO shall provide no religious instruction or counseling, conduct no religious workshops or services, engage in no religious proselytizing, and exert no other religious influence on any client or employee of Habitat for Humanity CHDO; d. No property, from which services are provided under this Agreement, shall contain religious symbols for decoration for the term of this Agreement and the term of any mortgage and/or promissory notes issued pursuant to this Agreement; and c. Habitat for Humanity CHDO shall include subparagraphs a-d, above, in any subcontracts pursuant to this Agreement. 2. Other Program Requirements: Habitat for Humanity CHDO shall comply with all the requirements of 24 CFR Subpart H, included, but not limited to: a. Equal Opportunity: In order to maintain statistical data on the use and participation of minority and women owned business enterprises as contractor/subcontractors in HOME Program contracting activities, Habitat for Humanity CHDO shall be required to identify projects which have been bid by, and contracted and/or sub-contracted to minority owned, women owned, and/or small or disadvantaged businesses, by project dollar value. Habitat for Humanity CHDO shall provide certification of compliance with all federal requirements under equal opportunity legislation including, but limited to: The requirements of Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended, (Equal Item # 5 Attachment number 1 Page 7 of 14 Opportunity in Housing) and implementing regulations at 24 CFR Part 107; and title VI of the Civil Rights Act of 1964 (U.S.C. 2000d) (Nondiscrimination in Federal Assisted Programs) and implementing regulations issued at 24 CFR Part 1; ii. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 50 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; iii. The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60. b. Any contract exceeding $200,000 and any subcontract exceeding $100,000 shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The Contractor shall comply with HUD's Regulations in 24 CFR Part 135, which implement Section 3, and shall include the following clause, referred to as the Section 3 clause, in all subcontracts resulting from the commitment of funds under this Agreement: "The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing". c. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties of this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. d. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in a conspicuous place at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job title subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulation in 24 CFR Part 135. f. The contractor will certify that any vacant employment positions, including training positions that are filled after the contractor is selected, but before the contract is signed, will certify that employment opportunities to be directed were not filled to circumvent the contractor's obligations under 24 CFR Part 135. Item # 5 Attachment number 1 Page 8 of 14 g. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from further HUD assisted contractors. h. The requirements of Executive Order 11625 concerning Minority Business Enterprise and 12138 concerning Woman's Business Enterprise be consistent with HUD's responsibilities under these orders, each applying entity must make efforts to encourage the use of minority and women business enterprises in connection with HOME funded activities. Any applying entity must prescribe procedures acceptable to the City to establish activities it uses to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. To encourage the use of women and minority owned businesses in bids for the Program, the City will provide, on request, the latest list of such businesses. 3. Fair Housing/Affirmative Marketing: Habitat for Humanity CHDO shall comply with all HUD and City of Clearwater fair housing and affirmative marketing requirements and policies, as set forth: a. Habitat for Humanity CHDO shall be required to use affirmative fair housing marketing practices in soliciting clients, determining eligibility and concluding transactions, and affirmatively further fair housing efforts according to CFR Part 570.904(c). b. Habitat for Humanity CHDO shall solicit applications for vacant units from persons in the housing market who are least likely to apply for the rehabilitated or new housing unit without benefit of special outreach efforts. Persons who are not of the race/ethnicity of the residents of the neighborhood in which the rehabilitated building is located shall be considered those least likely to apply. c. Habitat for Humanity CHDO advertising of vacant units must include an equal opportunity logo or statement. Advertising media may include newspapers, radio, television, brochures, leaflets, or a sign on the property. Habitat for Humanity CHDO may use community organizations, places of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or medical service centers as resources for this outreach. d. Habitat for Humanity CHDO must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos of phone calls, copies of letters) to be available for inspection when requested by the City. e. Habitat for Humanity CHDO shall maintain a list of all families residing in each unit The City will assess the affirmative marketing efforts of Habitat for Humanity CHDO by comparing predetermined occupancy goals (based on the area from which potential families will come). f The City will assess the efforts of Habitat for Humanity CHDO during the marketing of the units by use of a compliance certification or personal monitoring visits to the project at least once a year. g. Those participating entities requesting HOME Investment Partnership entitlement funds for developments containing five or more units must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market to the available housing. In such cases, Habitat for Humanity CHDO must provide the City with an annual assessment of the affirmative marketing program. Said assessment must include: Item # 5 Attachment number 1 Page 9 of 14 Methods used to inform the public and potential owners about federal fair housing laws and affirmative marketing policy (i.e. the use of the Equal Housing Opportunity logotype or slogan in print advertising); ii. Methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; iii. Records describing actions taken by the participating entity and/or owner to affirmatively market units; and records to assess the results of these actions. Anti-displacement: Habitat for Humanity CHDO shall not cause permanent displacement of current residents under the terms of this Agreement; shall inform sellers of the property of the fair market value of such property and that Habitat for Humanity CHDO or buyer does not have the power of eminent domain and will not acquire the property unless a mutually agreeable price can be negotiated; and shall not acquire any property that would result in the displacement of existing tenants. Habitat for Humanity CHDO further agrees that if involuntary or economic displacement occurs as a result of Habitat for Humanity CHDO actions, Habitat for Humanity CHDO shall bear all the costs of relocation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and Section 104(d) of the Housing and Community Development Act of 1994, as amended. 5. Labor Standards: Projects to be constructed or rehabilitated which contain 12 or more HOME assisted units, shall comply with the Davis/Bacon Act, applicable provisions of the Contract Work Hours and Safety Standards Act, and other applicable federal laws and regulations pertaining to Labor Standards. Lead-Based Paint: Housing assisted with HOME Investment Partnership entitlement funds constitutes HUD-Assisted housing for the purpose of the Lead-Based Paint Poisoning Act and is therefore, subject to 24 CFR Part35, and shall require each buyer of subject Properties to execute the "Watch Out for Lead Based Poisoning" notifications. All such executed notifications shall be maintained in Habitat for Humanity CHDO's project file and a copy submitted to the City upon request. Conflict of Interest: Habitat for Humanity CHDO, as an owner/developer of this project, shall ensure that it, (or officer, employee, agent or consultant of the Habitat for Humanity CHDO), will not occupy any HOME assisted affordable housing units in the project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the Habitat for Humanity CHDO who occupies a housing unit as the project manager or maintenance worker. The City may provide an exception to the provisions listed above on a case-by-case basis when the City determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of Habitat for Humanity CHDO's HOME assisted project. In order for the City to provide this exception, Habitat for Humanity CHDO must make a written request and the City will make its determination based on the following factors: a. Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group; b. Whether the person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted housing in question; Item # 5 Attachment number 1 Page 10 of 14 c. Whether the tenant protection requirements of Section 92.53 are being observed; d. Whether the affirmative marketing requirements of Section 92.351 are being observed and followed; and e. Any other factor relevant to the City's determination, including the timing of the requested exception. 8. Debarment and Suspension: Habitat for Humanity CHDO attests that it has not been debarred, suspended, proposed for debarment, or ineligible from participating in federally funded projects, and acknowledges that it shall not employ, award, or fund any contractors or subcontractors that have been debarred, suspended, proposed for debarment, or ineligible from participating in the federally funded projects. Flood Insurance: In the event that properties are located in a Flood Zone, this Agreement is predicated upon Habitat for Humanity CHDO certifying that either the cost of rehabilitation necessary to meet all applicable codes and standards does not exceed 50 percent of the appraised value of the property improvements, or that the lowest habitable floor level is at or above the allowable flood level based upon a valid survey, prepared by a licensed surveyor. If projects can be financed with HOME Investment Partnership entitlement funds as a result of compliance with either of these requirements, buyers shall maintain flood insurance for full replacement value as required by mortgagees. 10. Lobbying Prohibited: Habitat for Humanity CHDO certifies, to the best of its knowledge or belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of Habitat for Humanity CHDO, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Habitat for Humanity CHDO shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, with a copy of said submittal provided to City within ten days of submission. c. Habitat for Humanity CHDO shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements), and that all sub- recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000. 11. Enforcement: All transactions and related documents must be pre-approved by the City to assure compliance with all provisions of 24 CFR, Part 92. The City may enforce this Agreement through termination, as follows: 10 Item # 5 Attachment number 1 Page 11 of 14 a. Termination of Contract for Cause: If, through any cause, either parry shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or shall violate any of the covenants, agreements, or stipulations of this Agreement, the other parry shall thereupon have the right to terminate this Agreement by giving written notice to said parry of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, assets shall become the property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement. Notwithstanding the above, Habitat for Humanity CHDO shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Habitat for Humanity CHDO. The City may withhold any payments to Habitat for Humanity CHDO for the purpose of set-off until such time as the exact amount for damages due to the City from Habitat for Humanity CHDO is determined. b. Force Majeure: This Agreement may not be terminated if the failure to perform rises from unforeseeable causes beyond the control and without the fault or negligence of either parry. Such causes may include, but are not restricted to: acts of God; acts of the public enemy; acts of the Government in either its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault and negligence of either party. In the event of default, lack of compliance or failure to perform on the part of Habitat for Humanity CHDO, the City reserves the right to exercise corrective or remedial actions, to include, but are not limited to: Requesting additional information from Habitat for Humanity CHDO to determine reasons for, or extent of noncompliance or lack of performance; ii. Issue a written warning advising Habitat for Humanity CHDO of deficiency and advising Habitat for Humanity CHDO that more serious sanctions may be taken if situation is not remedied; iii. Advise Habitat for Humanity CHDO to suspend, discontinue or not incur costs for activities in question; iv. Withhold payment for services provided; or v. Require Habitat for Humanity CHDO to reimburse the City for the amount of costs incurred for any items determined ineligible. c. Termination for Convenience: The City may terminate this Agreement at any time, by giving written notice to Habitat for Humanity CHDO of such termination and specifying the effective date of such termination, at least fifteen days before the effective date thereof. In that event, assets shall become the property of the City in accordance with Part I, Section F, Paragraph 3 of this Agreement. If this Agreement is terminated by the City as provided herein, Habitat for Humanity CHDO will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of Habitat for Humanity CHDO covered by this Agreement, less payments of compensation previously made. 12. Assignment and Subcontracting: Habitat for Humanity CHDO shall not assign or otherwise transfer any interest in this Agreement nor enter into any subcontract pursuant to this Agreement without submitting said proposed subcontract to the City and without the prior written approval of the City of the proposed subcontract. All federal requirements of this Agreement shall be applicable to any subcontracts entered into under this Agreement and it shall be Habitat for Humanity CHDO's responsibility to ensure that all federal requirements are included in said subcontracts and that all 11 Item # 5 Attachment number 1 Page 12 of 14 subcontractors abide by said requirements. The City shall have the right to withhold approval at its sole discretion. 13. HUD Requirements: Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time. 14. Hold Harmless: Habitat for Humanity CHDO shall defend, indemnify and hold the City and all of its officers and employees, including but not limited to members of the Clearwater City Council, harmless from and against all costs, expenses, liabilities, suits, claims, losses, damages, and demands of every kind or nature, by one or on behalf of any person or persons whomsoever or whatsoever arising out of or in any matter resulting from or connected with any accident, injury, death or damage which may happen during the time period covered by this Agreement for services under the administration and direction of said Habitat for Humanity CHDO will defend any actions or suits brought against the City by reason of Habitat for Humanity CHDO's failure or neglect in complying with any of the conditions and obligations of this Agreement, or any tort liability arising out of actions of Habitat for Humanity CHDO or any of its agents or subcontractors. 15. Construction Bonding and Insurance: All construction contracts or subcontracts over $100,000 let as the result of this Agreement shall include the following requirements: a) a bid guarantee, such as a bid bond, cashier's check or certified check, from each bidder equivalent to five percent of the bid price; b) a performance bond for 100 percent of the contract price; and c) a payment bond for 100 percent of the contract price. All such bonds obtained must be from companies listed in Treasury Circular 570, and provided to the City prior to commencement of construction. 16. Insurance: Habitat for Humanity CHDO shall maintain insurance coverage in the amount deemed adequate by the City for all risks inherent in the functions and aspects of its operation including but not limited to risks of fire, casualty, automobile liability coverage, workmen's compensation insurance as required by law, and public liability insurance for personal injury and property damage. a. At a minimum, Habitat for Humanity CHDO shall maintain public liability insurance including contractual liability coverage with a combined single limit of $1,000,000 and automobile liability insurance with coverage including $100,000 personal liability, $300,000 for any single incident and $50,000 property damage. Property casualty and flood insurance must be maintained in an amount equal to the replacement value of the property. b. Habitat for Humanity CHDO shall have the City named as additional insured under the coverage provided by all policies required by this Agreement, with the exception of workmen's compensation insurance. The City shall be afforded the same notice as the named insured in the event of cancellation of any policy by an insurance company. c. Habitat for Humanity CHDO shall submit to the City, prior to the distribution of any funds under the Agreement, proof of insurance coverage which shall consist of a copy of all policies evidencing such coverage. The City reserves the right to request proof that the insurance premium for such policies effective during the term of this Agreement has been paid. 17. Copyrights and Patents: If this Agreement results in a book or other copyright materials or patent materials, Habitat for Humanity CHDO may copyright or patent such, but the City and the United States Government reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use such materials and to authorize others to do so. 18. Notification: All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to have been served as of the postmark appearing upon the envelope if sent by 12 Item # 5 Attachment number 1 Page 13 of 14 the United States mail at the address listed below or upon the actual date of delivery if hand delivered to the address listed below. Either party may change the below listed address at which he receives written notices by so notifying the other parry hereto in writing. ADDRESS OF CITY: ADDRESS OF PINELLAS COUNTY HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORPORATION, INC. City of Clearwater Pinellas County Habitat for Humanity Housing Division Community Housing Development Corporation, Inc. Post Office Box 4748 (if mailed) 3071118 th Avenue North Clearwater, Florida 33758 St Petersburg, Florida 33716 112 South Osceola Avenue (if delivered) Clearwater, Florida 33756 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 as determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 19. Modification: No oral agreement or conversation with any officer, agent or employee of the City, either before or after execution of this Agreement, shall affect or modify any of the terms or obligations contained in this Agreement. Any such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City. This Agreement shall not be modified except in writing signed by authorized representatives of both parties. 20. Non-Waiver: No forbearance on the part of either party shall constitute a waiver of any item requiring performance by the other parry hereunder. A waiver by one parry 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. 13 Item # 5 Attachment number 1 Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. PINELLAS COUNTY HABITAT FOR HUMANITY COMMUNITY HOUSING DEVELOPMENT CORPORATION, INC. Countersigned: Frank Hibbard Mayor - Councilmember Approved as to form: Laura Mahony Assistant City Attorney II By: 14 By President Date ATTEST: Secretary Date CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 5 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: Response of firefighting apparatus, units and personnel to the scene of a fire, life safety related emergency, man-made or natural disaster or public service request; Command and control of the emergency scene, containment of any fire and mitigation of any hazards, including specialized rescue; Investigation of any fire to determine the cause and original; Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety codes; and Education of the public in fire prevention, life safety and disaster preparedness, in accordance with Section 413. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. In Fiscal Year 2009/10, the Fire Protection Authority and the contract providers extended the contract for one year ending September 30, 2010. The Fire Protection Authority and the contract providers have agreed to extend the contract for another one-year period ending September 30, 2011. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2011. Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2010 under the same terms as the previous contract. Under that contract 12.12% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2010. Therefore, the County reimbursed the City 12.12% of the net department budget or approximately $2.1 Million for fiscal year 2010. The reimbursement percentage can fluctuate year to year as property values within the fire district change. Type: Current Year Budget?: Budget Adjustment Comments: Other None Budget Adjustment: None Cover Memo Item # 6 Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: to Total Cost: 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 # 6 Attachment number 1 Page 1 of 2 August 12, 2010 Ir I Jamie Meer Cleo 'J:r.ar Far( 610 Franklin Strut Clearwater, FL 33756 it Chief Geer: r?_I t: --? -ar- tr [ C (3) originals of the Extension of Fire Protection er l ,rs ;rr-rrnl7nt for ",ll ,11'€Vl Plea!, J s Ali netur them to ?ijy no later thI .n l l then ask the Board Of County rl . I ,L. t approve ti ',i,'n, _a I return one (1) original to you for yr,. r records. if f T _ r You hae _. not .. t Sincerely, Mike Cc Fare Dj J-n Manger Public Safety Services Item # 6 Attachment number 1 Page 2 of 2 t i}' F f ? , .. I Florida m,iIi' f 3:E! % C tf 1 F'?.f' f' ?. f`t1?L.C TI4?` 1r F;, °1•? ?l_ -f 1, IIn`t'n"nc"t C,? il;.:'; _?Y4'l ii.;• 1. c L1l111t f'i11"t .'1-l.f`+ i"t1 UPI I 1 ? 11?? 7 2. The cur IL fll If I1I.i,r Auth ;. n'L is d at (ct£3h' i l(}?? aili.l n,'I I l . 'o llts-sc . 1 u d ,,unthorii\ , ,.,f t I the tern i (,r 01- contract until ?i Sel"t?°rp},? G,wn ,,wt1_)r a ?d fL! ?7t1,' .117tG ih? LE upon ?pf r,) ?] o this fth! origin., i ii in for( quid effect as iftl , t? c?t 1}a?' Cl)ntra?'t 30- 2011 . IN WITNI." I REOI , 'i}3 ls,i t?:., i7. ilo. by and through their rinder;,?-11:c1 authorized € fficers have CUL,.",Lu Llji:; 1 oi; to be executed on this of 2010. A`I,TE T f N LEI JR. L,. C1 , R, by : DePUIV C k-,'.: Afjp,L ,? ?'i1 t t;1:i1 (j] lice of the County A t PINELLAS COUNTY LIFT PROTECTION AU , '111 f by and through its Board of C ount5 C orn. missi ners by Chairman Countersigned: ? 1'ot 1-Cc3ii11?11'::1 Il}er approved as to l on-ii and legal i 1,1r t City Attonicy CITY 01, C L AR ._ 1 lily. FI.t" ID h f'it` AT' 11' 1; Item # 6 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) in the amount of $156,902.00 to Ten-8 Fire Equipment, Inc., Bradenton, FL for one (1) Medtec Transport Ambulance in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: This ambulance will be purchased through the Florida Sheriff's Association and Florida Association of Counties Contract 08-08-0909 in quote dated August 5, 2010. The new vehicle, Rescue 49, will be located at the Clearwater Mall station and replace a unit purchased in 2004. The unit will be built to the same specifications as the last three units acquired and allow standardization of repair and maintenance activities. The unit it replaces will move to reserve status and replace a unit (G 1458) which has already been retired. Due to the age, mileage and maintenance costs of this vehicle it has been determined to have reached the end of its useful life as a front line rescue unit. Clearwater Fire and Rescue performs emergency medical services (EMS) under a contract with the Pinellas County EMS Authority. The proposed purchase was included in the Fiscal Year 2010 contract with the Authority. The budget was submitted to Pinellas County and the City will be reimbursed for the purchase. Lease purchase funding in the amount of $160,000 for the purchase of one vehicle was included in the second year of the six-year City's Capital Improvement 2010 budget in project 316-91236, Rescue Vehicles. A third quarter budget amendment will fund the purchase in the current year instead to match the County budget submission. Funds for debt payments are included in the proposed Fiscal Year 2011 department operating budget. Estimated annual operating costs of $41,910 in the department's operating budget include debt costs and garage charges for operating and maintaining the vehicle. Garage charges on the new vehicle are expected to be less than the vehicle being retired. Type: Purchase Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: The proposed purchase was included in the FY 2010 contract with the Authority and the budget submitted to Pinellas County and the City will be reimbursed for the purchase. Lease purchase funding in the amount of $160,000 for the purchase of one vehicle was included in the second year of the six-year City's Capital Improvement 2010 budget in project 316-91236, Rescue Vehicles. A third quarter budget amendment will fund the purchase in the current year instead to match the County budget submission. Funds for debt payments are included in the proposed FY 11 department operating budget. Current Year Cost: 156,902.00 Annual Operating Cost: 41,910.00 Not to Exceed: Total Cost: 156,902.00 For Fiscal Year: 10/01/09 to 9/30/10 Appropriation Code Amount Appropriation Comment 316-91236 156,902.00 Cover Memo Item # 7 Bid Required?: Yes Bid Number: Other Other Bid / Contract: 08-08-0909 Bid Exceptions: Government Bid Review 1) Office of Management and Budget 2) Legal 3) Purchasing 4) Legal 5) Clerk 6) Financial Services 7) Clerk 8) Assistant City Approval: Manager 9) Clerk 10) City Manager 11) Clerk Cover Memo Item # 7 Attachment number 1 Wednesday, August 18, 2010 Steve Strong, Division Chief Support Services Clearwater Fire Department 610 Franklin Street Clearwater, FL 33756 The undersigned is prepared to manufacture for you, upon an order placed by you, for final acceptance by Medtec Ambulance, at its home office in Goshen, Indiana, the apparatus and equipment herein named and for the following prices: Description One (1) Medtec Ambulance Model AD-170 on a 2010 Ford 650, Per Florida Sheriffs Bid #08-08-0909 See attached Specification Lettering Not Included Unit Price Total Price $156,902.00 $1561902.00 Total Price $156,902.00 Said apparatus is to be shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 180 days after receipt of signed written order at our office at Goshen, Indiana, and receipt of chassis, to be delivered to you at Clearwater, Florida. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for emergency medical apparatus conforms to all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and all (KKK-A-1822F) Federal Specification for Star of Life Ambulance and (AMD) Ambulance Manufactures Division Guidelines for Automotive Emergency Medical Apparatus as published at the time of bid, except as modified by customer specifications. Any increased cost incurred by first party because of future changes in or said DOT, KKK or AMD standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 45 days from date, the right is reserved to withdraw this proposal. Medtec Ambulance Corporation sy 4 ales Representative Attachment number 2 Page 1 of 19 QUOTATION Ten-8 Fire Equipment Clearwater Fire Rescue Ten-8 Fire Equipment Steve Strong Cindy Morgan 610 Franklin Street cmorgan@tenBfire.com Clearwater, Florida 33756 Exp. Date: 09/30/2010 Quote No: 10007-0001 08/05/2010 Page 1 AD/M170F 170" x 96",Type I - 10.004 04/22/10 =_ * * * PRELIMINARY ADMIN/ COT INFORMATION 00-00-0002 SPECIAL NOTES TO MANUFACTURING 01-00-0000 VIN # 01-02-0400 S Factory Discount/ Concession * * * GENERAL VEHICLE DESIGN Et REQUIREMENTS 10-02-0800 2010 Base Conversion, M170, Type I AD 11-06-1300 72" Headroom (AD/M170-Type 1) 12-00-2700 EXTERIOR "A" COMPARTMENTS - PASS. SIDE (72" HR) M170F LOCATION: Exterior compartments, passenger side. * * * CHASSIS MAKE Et MODEL * * * 12-08-2002 2010 Ford F 650 Cab/Chassis, 4 x 2, 182 inch Wheelbase. 108"CA. 20,000# GVWR Front GAWR- 8500# Rear GAWR-12,000# Exhaust, Frame Mounted, Right Side Back of Cab Front License Plate Bracket Alternator, 270 Amp Leese-Neville Batteries, (3) Motorcraft, 9000CA 12-13-0212 Rear Air Ride - OEM Hendrickson, F650 Install low PSI light in front switch panel. Install dump cancel switch beside curbside rear entry door Dump automatically activated by the streetside rear entry door. 12-16-0101 Exhaust, Passenger Side Front of Rear Axle 1 1 1 1 1 1 1 1 1 1 1 1 1 Attachment number 2 Page 2 of 19 08/05/2010 Page 2 PART NO S DESCRIPTION QTY * * * CHASSIS COMPONENTS * * * 1 14-17-0210 Sway Bars, Front Et Rear OEM, F650 1 14-24-0400 Ford Electric Throttle, OEM Preset RPM 1 14-26-0400 Additional Aux. AC Compressor (F650) 1 INSTRUCTION: 14-28-0100 Additional Condenser for Chassis, ProAir 105 Additional Skirt Mounted Condenser installed. Mount under the side entry door against frame rail. 14-29-1000 Additional Leveling Valve, Ford F-650 An additional leveling valve added onto the Ford F-Series Chassis 14-30-0010 Relocate Air Tank to Curbside under battery box (F650) Relocated the Air tank from the OEM streetside location to the curbside under the battery box * * * CHASSIS INTERIOR COMPONENTS 16-02-0800 Driver's Compartment Appointments, Ford F 16-02-2000 Stereo - OEM AM/ FM Radio With CD Player Standard OEM location in dash 16-12-0400 Bulkhead Cab Wall, OEM Wall To Match Dash 16-14-0400 Cab Sign, "No Smoking Oxygen Equipped" Et "Fasten Seatbelts" Install on top of floor console at rearward edge toward bulkhead wall. 16-16-0600 Cab Flooring, Ford, OEM Vinyl INSTRUCTION: Install rubber flooring in chassis cab. 16-21-0000 Battery Switch - TST Commander 357 With Timer Battery switch will be set at 5 minutes unless otherwise specified 16-24-0200 Summer Switch for Block Heater Install behind the driver's seat in cab * * * CHASSIS EXTERIOR ACCESSORIES * * * 18-06-3300 Wheel Simulators, Dicor - Stainless Steel F-650 Medtec Number 1001690 18-12-0200 Tire Fill Valve Extensions, Air-Gard, LS Series Install on the inside and outside rear tires MAC P/N: 1009283 * * * 12 VOLT ELECTRICAL SYSTEMS AND COMPONENTS * * * 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Item # 7 Attachment number 2 Page 3 of 19 08/05/2010 Page 3 20-02-0700 Standard Electrical System, Type 1 1 20-08-0600 Install and Label Breakers Behind the Driver's Seat 1 21-02-0000 Portable Equipment Charging Circuits 1 (1) 20 amp circuit breaker. Run power wires from under front console to: (1) Circuit (power Et ground) to front console labeled on both ends: "Portable Equipment Charging Circuit". (1) Circuit (power Et ground) to behind rear switch panel labeled on both ends: "Portable Equipment Charging Circuit". 22-02-0600 Sequencer/Load Manager, Main Master Emergency Functions 1 INSTRUCTION: Medtec sequencer and load manager. Standard shedding sequence. 22-04-2000 Front Console, Center Cab Mount, F-650, .125 Smooth Alum. INSTRUCTION: .125 smooth aluminum console. Install standard floor-mounted console. black spray coated all pieces. Install Rocker style switch panel in front console. 22-05-0100 Front Switch Panel Assembly, Standard Electrical System Install in front center console 22-09-0010 Digital Voltmeter/Ammeter, InPower DSP-DSC1, Standard Wire to batteries. (1) ammeter sensor. Install in front switch panel. 22-09-0200 Hourmeter (Std.) Installed on the side of the front console 24-02-2100 (3) Batteries, Total 2700 CCA INSTRUCTION: All (3) OEM batteries in the passenger side cab step. 24-12-0400 Outlets, (2) 12 Volt, Power Point Style (Std. Location) (1) in upper ALS cabinet (1) on 1 st action area wall SEE PRINTS 26-04-0800 Power Inverter/ Battery Charger, Vanner, 20-105000L (1) switch in front switch panel 26-04-5010 Inverter, Install in D2 Compartment 26-10-1200 Shoreline,20 Amp Kussmaul Super Auto-Eject, On Driver Side INSTRUCTION: (1) 125 volt 20 amp. (60Hz) Kussmaul Super Auto-eject Water-tight cover. Ship loose mating plug. 1 1 1 1 1 1 1 1 1 26-10-5010 No Angled Shoreline Mounting Bracket 1 Item # 7 08/05/2010 26-16-2600 Outlets, (3) Interior, 125 Volt AC LOCATION: (1) in ALS cabinet (1) in 1st action area (1) in 2nd action area SEE PRINTS 26-22-0500 Spotlight, (1) Optronics "BlueEye 4000", Hand -Held, Hard Wire LOCATION: Wired through the front console. SHIP LOOSE HANGING HARDWARE. * * * AUDIO WARNING DEVICES * * * 1 1 28-02-0800 Siren With Remote Amp, Electronic, Whelen 295HFS2 1 Install remote amplifier in electrical cabinet. Install flush-mount control head in front console. 28-04-0100 Switch, Siren/Horn, 2-Position, Front Switch Panel 28-06-1600 Speakers, Bumper Mounted, SA4305-97F-1 28-14-0200 Backup Alarm, EC520 With Auto Reset Switch Install (1) momentary switch in front switch panel for auto reset. 1 1 1 * * * VISUAL WARNING/FLASH REQUIREMENTS * * * 1 1 30-00-0010 Flasher, Halogen/LED/Super-LED, Whelen AFM560 I 1 Install in electrical cabinet. 30-00-001A Flash Pattern, Single Flash (Default) I 1 Single Flash. 75fps. Light will activate on and off once per flash. 30-03-1450 Clearance Lts, (14) Whelen OS LED W/ Chrome Bez. AD/PD/M Std Install (14) OS Series LED marker lights with chrome plated flanges. (7) Red LED/Clear Lens on rear body upper extrusion and rear side body upper extrusion. (7) Amber/Clear Lens on front upper body extrusion and front side body upper extrusion. SEE PRINT 30-09-0200 Lights, Brake/Tail/Turn W/ Arrow, Whelen 600 LED Std.AD/PD/M (2) 600 Series brake/tail red LEDs/Red Lenses (2) 600 Series turn amber LED/Amber Arrow Lenses (2) 600 Series Halogen/Clear Lenses (6) 600 Series chrome plated flanges Lights on rear of module box in standard location. SEE PRINT CHASSIS GRILLE LIGHTS 1 30-12-0030 Grille Lts. Installed on OEM Grille Upper Section 1 Grille lights to be installed on the upper section of the chassis grille at the far left and far right sides. Attachment number 2 Page 4 of 19 Page 4 Item # 7 Attachment number 2 08/05/2010 PART NO Page 5 of 19 Page 5 S DESCRIPTION QTY 30-16-4400 Grille Lts., Whelen TIR6 Super-LED (Std.) 1 (2) Red TIR6 Super-LEDs w/Red Lenses Install surface mount lights w/flanges on the far left and far right side of the front grille. INTERSECTION LIGHTS 1 30-18-1500 Intersection Lts, (2) Whelen 400 Super LED, Red Lens (STD) 1 INSTRUCTION: 30-28-8060 Flange(s), Intersection Lts.,Whelen 400 Series Hal/LED 2 INSTRUCTION: LIGHTBAR(S) - FRONT OF VEHICLE 1 30-30-0200 Frt. Lightbar - Code 3 MX-758A2, 58", Wedge Bracket ILOS 1 INSTRUCTION: Mounted on front of module box with aluminum wedge brackets. Lens Colors: R/C/C/R (1) switch in front switch panel. FRONT MODULE BODY LIGHTS 1 32-02-2713 Frt. Body Lts, (3)Whelen 900 SuperLED, R/C/R IATS 1 INSTRUCTION: (3) LED - Red lenses on upper front corners. - Clear lens on upper front center. 32-03-0020 Flange(s), Frt. Body Lts., Whelen 900 Series LED 3 LOCATION: Upper front of module INSTRUCTION: SIDE MODULE BODY WARNING LIGHTS 1 32-16-1200 Side Body Lts, 4 Whelen 900 Red Super-LED, (STD) 1 (4) 900 Series red Super-LED, red lenses Install (2) on streetside and (2) on curbside SEE PRINTS 32-16-8020 Flange(s), Whelen 900 Series Super-LED EA. 4 32-18-0600 Side Body Turn Lts., Whelen 700 LED 1 (2) 700 Series Red LED Turn/Tail lights with red lenses. Install (1) on each side of body at rear. Steady burn with DOT lights. Flash with turn signals. SEE PRINT 32-18-5000 Flange, Whelen 700 Series EA. 2 Item # 7 08/05/2010 SIDE SCENE LIGHTS 1 32-22-0700 Scene Lts, Whelen 900 Opti-Scene 8-32 Degree, (STD.) 1 (4) 900 Series Gradient Opti-Scene lights, clear lenses Install (2) Streetside, (2) Curbside Install (2) switches in the front switch panel; (1) for each side. 32-22-4001 Flange(s),Scene Lts., Whelen 900 Series Hal. EA. 4 LOCATION: (2) Streetside (2) Curbside 32-24-0200 Scenelight Activation - Standard 1 Curbside scenelights will activate when the side entry door is opened. Curbside and streetside rearmost scenelights will activate when the vehicle transmission is placed in reverse. REAR MODULE BODY LIGHTS 1 34-06-1800 Rear Body Lts., Whelen 900 Super-LED R/A/R, (STD) 1 (2) 900 Series Red Super-LED, red lenses located on the rear module body upper corners. (1) 900 Series Amber Super-LED, amber lens located on the rear module body upper center. (3) 900 Series flanges. 34-06-8020 Flange(s),Rear Body Lts., Whelen 900 Series LED 3 LOCATION: Upper front of module INSTRUCTION: 34-08-0500 Load Lts., Whelen 900 Opti-Scene 8-32 Degree, Flange STD 1 (2) 900 Series Opti-Scene lights, clear lenses (2) 900 Series flanges Install above the rear patient entry doors. Lights will be activated when the rear patient entry door are opened and when the vehicle transmission is placed in reverse. Install (1) on/off switch in the front switch panel. 34-08-8010 Flange(s), Rear Load Lts., Whelen 900 Series Hal. 2 LOCATION: Upper front of module INSTRUCTION: VISUAL WARNING DEVICE COMPONENTS 1 1 34-38-0200 Warning Light Flash Requirements, "F-Spec" Flash Pattern 1 ADDITIONAL VISUAL WARNING DEVICES 1 36-08-0600 S Opticom, 3M, #3M-792, Mounted - Center of Module Front 1 With Filter INSTRUCTION: On/off switch in cab console. Item # 7 Attachment number 2 Page 6 of 19 Page 6 Attachment number 2 Page 7 of 19 08/05/2010 Page 7 Only works when vehicle is placed in gear. 36-14-0400 C-Channel Rubrail Lights, (6) Whelen Strip-Lite Red LED 1 Red LED/RED LENS Mount (3) strip lights per module side in rubrails as per print. * * * BODY DESIGN AND CONSTRUCTION COMPONENTS * * * 1 1 40-02-1400 Body Design Et Construction, Alum, 170" L x 93.5" H x 96"W 1 40-02-8905 Side Impact Beam (Std.) 1 40-07-0200 Compartment Et Entry Doors With Door Liner 1 40-07-0300 Compartment Door, Inner Liner, ADP (Std.) 1 Use .063 ADP inner door liner on all compartment doors. 40-08-1000 Exterior Compartment Depth, 20.75" 1 40-10-0010 Protective Coating, Dolphin Noise Reduction 1 Walls Et Ceiling 40-10-0200 + Insulation, Reflectix (STD) I 1 Install on walls and ceiling. 40-10-1600 Insulation, Severe Climate Package IATS 1 In addition to the standard Reflectix and Dolphin noise reduction applications: Add spray foam to the subfloor Add 1.5" plank foam adhered to the Reflectix on the walls and ceiling. 40-12-0200 Heat Shield, 18 Gauge Galvanized Steel I 1 Install below subfloor and to bottom of floor tubes 40-12-0300 Vapor Barrier, Smooth Aluminum I 1 Install .063 smooth aluminum barrier between the floor and the floor tube structure. 40-12-1200 Fender Insulator, Flash Patch Liner, Rear Wheelwells 1 40-14-0200 Cab Connection, Expanded Bellows 1 INSTRUCTION: 40-18-0600 Body Mounting, Isomount Technique, 3/4" x 6" Alum, 16-Bolt 1 INSTRUCTION: 3/4" x 6" alum plates, sixteen (16) bolts. Bolts and paired rubber isolators with steel cap and collared mounting nut for each chassis mounting point. 40-20-6200 EXTERIOR "B" COMPARTMENTS - DRIVER SIDE (72" HR)170F 1 LOCATION: Exterior compartments, driver side. 40-26-0800 D1, Exterior Compartment, 23" W x 84" H 1 40-32-0200 D1 Door, Solid, Vertically Hinged 1 42-04-3000 D2, Exterior Compartment, 49" W x 33" H 1 42-08-0200 D2, Doors, Double, Solid, Vertically Hinged 1 42-10-2600 D3, Exterior Compartment, 41 3/8" W x 9" H, Wheelwell (AD) 1 42-12-0200 D3, Door, Solid, Mounted to Tray, "For Drawer" 1 Item # 7 08/05/2010 Attachment number 2 Page 8 of 19 Page 8 42-16-4100 D4, Exterior Compartment, 37" W x 65" H (inside/ Outside) 1 INSTRUCTION: A notch in the upper left corner, to accommodate 2nd action area. Notch to be approximatly 7 from the left side and 27 from the top of the compartment. This compartment to have inside/outside access. 42-18-0200 D4, Doors, Double Solid, Vertically Hinged 1 44-04-7100 P1, Exterior Compartment, 21" W x 66" H, ALS 1 44-06-1000 P1, Door, Solid, Vertically Hinged 1 44-12-3600 Side Entry Door, 32" W x 74" H With Fire Grade ADP Step 1 NOTE: FIRE GRADE ADP DUAL SIDE ENTRY DOOR STEP on the F-450, F-650, C4500, Intl. 4300LP, and FL M2 and Dodge 4500 44-13-0100 Dual Fire Grade ADP Step 1 44-14-3000 Door Panel, Side Entry, Three-Piece, Formica 1 INSTRUCTION: Upper - Formica Center - Stainless Lower - Formica Formica color to match interior. 44-15-0000 Stepwell Light, Whelen 4" Round LED with Chrome Flange 1 LED -1040992 Flange - 1008524 44-16-1200 Assist Handle, Side Entry, 1.25" O.D. x 45 Deg Brushed 1 LOCATION: Interior of side entry door. 44-32-2800 P5, Exterior Compartment, 21" W x 84" H 1 INSTRUCTION: Compartment walls lined with smooth aluminum and rubber matted 44-34-0200 P5, Door, Solid, Vertically Hinged 1 * * REAR BODY PATIENT ENTRY DOORS * * 1 48-12-1000 Rear Entry Doors, 50" W x 63" H, Dual Tri-Mark Handles 1 INSTRUCTION: Driver side - non-locking. Passenger side - locking. 48-14-3000 Door Panel, Rear Entry Doors, Three-Piece, Formica 1 INSTRUCTION: Upper - Formica Center - Stainless Lower - Formica Formica color to match interior. 48-16-0800 Assist Handle, Rear Entry, 1.25" x 45 Degree Brushed 1 LOCATION: Interior of rear entry door. 1005636 1005637 Item # 7 Attachment number 2 Page 9 of 19 08/05/2010 Page 9 * * WINDOWS * * 1 49-02-0200 Sliding Window, Side Entry Door, OEM Tinted Glass 1 INSTRUCTION: (1)20"Wx19"H 49-04-0200 Fixed Window, Rear Entry Door, OEM Tinted Glass 1 INSTRUCTION: (2)20"Wx19"H * * * EXTERIOR COMPARTMENT COMPONENTS * * * 1 50-00-0500 Exterior Compartments, ADP With "Sweep Out" Design 1 ADP construction with sweepout on floor except rubber lined backboard compartment will have smooth aluminum. 50-02-0200 Exterior Compartments, Gas Charged Door Hold Opens 1 LOCATION: On exterior compartment doors. gas charged hold open on side entry door. Open greater than 90 degrees were applicable. 50-02-0600 Exterior Compartment and Entry Doors, Tri-Mark Handles 1 INSTRUCTION: Tri-Mark paddle latches keyed alike. 50-03-0000 Exterior 02 Vent - On 02 Compartment Door 1 INSTRUCTION: (1) #1031 0/2 vent - exterior compt. door - of 0/2 compt. (1) small black plastic vent - interior of compt. door on door liner. 50-04-0400 Exterior Compartments, Lok-Tyle Floor Et Shelves 1 Anti fatigue, anti slip matting with yellow edge cap 50-06-0000 Rear Door Grabbers, Cast Products "Grabber" 1 INSTRUCTION: Bottom of rear entry doors. For openings up to 145 degrees. 50-06-0400 Door Seals, Automotive Closed Cell Gasket 1 LOCATION: Exterior compartments Et entry doors 50-08-0200 Exterior Compartment Lights, Litco w/flange 1 INSTRUCTION: Activated by compartment doors. Includes ALS comet. NOTE TO FAB: Hole size to be 4.5" 50-10-0600 D1, (1) 02 Tank Mount, Zico #QR-MV Bracket - "M" Et Misc. 1 Item # 7 08/05/2010 Fits M and H tanks Clearwater uses Aluminum 02 bottles Quick-Release Gas Cylinder Multiversal Bracket, Model QR-M 50-14-0200 D2 Adjustable ADP Shelf, 50-16-1700 D4, ADP Shelf - Adjustable Install below offset SEE PRINTS Attachment number 2 Page 10 of 19 Page 10 1 1 50-18-2500 P5, Backboard Divider, Full-Height - Line-X, 1 Spray coat both sides of divider. Install in compartment. 50-18-2599 XU P5, Additional Backboard Divider Spray coat both sides of divider. Install in compartment. 1 50-24-0600 Grab Rail, 16" - Left Of Side Entry Door I 1 Medtec Number 1000662 50-24-NOT1 Grab Rail, Exterior, Service Points in Patient Compartment I 1 Two interior service points for the exterior grab handles. 50-32-0800 Bumper, Rear With 7" Diamondback Flip-Up Step 1 50-34-0600 Bumper Pods, Cast Aluminum With Logo 1 Bumper pods are to be even with the rear entry step end. Medtec Number 1031080 1031081 50-36-0800 Rear Kick Plate, Stainless Steel, Hinge-to-Hinge 1 Install a polished stainless steel rear tail panel trim plate attached with Torx head screws and part of the body build. The kick plate is to run from "hinge to hinge" below rear entry doors. Rear hinge cover must match the kick plate. 50-36-1600 "ECK" Body Hardware Preparation 1 50-38-0600 Body Protection, Rear Mudflaps w/logo Et "C" Channel Rub Rai 1 "C" channel rub rails full-length to both sides of the body below the compartment doors. Mudflaps with logo 1000621 50-40-2400 Standard Driver and Passenger Step Under Cab Door - F650 1 INSTRUCTION: Fuel Fill on the driver's side Batteries located on the passenger side. FAB PARTS: Battery: SS- T00088J CS- T00096J TRAY - T00102D FUEL: Item # 7 Attachment number 2 Page 11 of 19 08/05/2010 Page 11 SS-T00097J CS-T00089J 50-42-2800 Rear Corner guards, Stainless Steel, 14.5" I 1 Stainless Steel corner guards are to be securely fastened to the body 50-42-5120 Front Stone Guard, Stainless Steel 21" I 1 Stainless Steel stoneguards are to be securely fastened to the body. 50-44-0210 Fenderettes, Rear, Stainless Steel - 19.00" I 1 Medtec Number 1030672 50-46-0800 License Plate Holder #LP0002-1, Recessed On Driver's Side 1 CAN NOT BE INSTALLED ON A 90" WIDE OR G-CUTAWAY MODULE. LOCATION: With (1) LED Light center mounted Rear drivers side, below turn signal. LED Medtec Part Number 1008542 50-50-0200 Ziebart Undercoating, Chassis Et Body (Standard) 1 1 * * * INTERIOR PATIENT COMPARTMENT COMPONENTS * * * 1 1 52-05-0200 Cabinet Glass - Smoked Acrylic 1/4" Plexiglas 1 52-06-0200 Stainless Steel Round Locking SouthCo Latches, Standard 1 INSTRUCTION: All interior cabinet doors to have, stainless steel round locking SouthCo latches. unless otherwise specified in the order 52-11-0600 Cabinetry, Patient Compt, Wood With Formica 5" Radius I 1 5" radius corners on ALS and upper Streetside cabinets 52-12-0010 Cabinet Drawer and Door Faces, Overlay Style (Std.) 1 52-18-1400 Countertops, Corian Brand, 1st Action Area 1 INSTRUCTION: Secure with velcro 52-18-1600 Countertops, Corian Brand, 2nd Action Area 1 INSTRUCTION: Secure with velcro 52-24-0200 Countertop Color, Corian, 1st AA, Glacier White (White) 1 52-26-0200 Countertop Color, Corian, 2nd AA, Glacier White (White) 1 52-28-0600 Dome Lights, (6) Incandescent + (2) 39" Fluorescents 1 INSTRUCTION: (2) - 3 position switches in the rear switch panel (1) for each bank of dome lights. A three-minute time delay system activated by the patient entry doors. (2) Thinlite brand 39" fluorescent lights to be installed. (1) On/off switch in the rear switch panel, for both fluorescent lights. 52-32-0200 Ceiling In Patient Compt, Pads Over Center Access 1 INSTRUCTION: Item # 7 Attachment number 2 Page 12 of 19 08/05/2010 Page 12 The ceiling to have access to antenna bases/leads. Covered by center ceiling pads. 52-36-0600 LED Light, - Surface Mount In 1st Action Area 1 1040244 (1) 3-position white/off/red switch installed on the rear switch panel. 52-54-2200 Flooring, With 5" Roll-up 1 NOTE TO PRODUCTION: COVE MOLDING IS TO BE INSTALLED WHEN ALTRO FLOORING HAS A ROLL UP. 52-54-5000 Flooring, Cove Molding around ALS (Fed. Amb. Spec Std.) 1 52-60-0400 Rear Threshold, 6" Wide Stainless Steel With 2" Skid tape 1 INSTRUCTION: 6" wide stainless steel threshold with 2" wide skid tape covering the threshold screw heads. Waterfall style rear threshold * * *INTERIOR COLOR SELECTION * * * 1 53-02-1200 Formica Color, Fog (#961) (Grey) 1 53-03-0200 Matte Formica Finish 1 1 53-06-0200 Flooring Color, Mica #421, LonPlate II (Silver) 1 1 53-33-0200 Upholstery Color, Ash #MV101 (Gray) 1 1 * * * STREETSIDE CABINETS - PATIENT COMPARTMENT 54-02-0100 Sect 1 - Action Area Wall, Formica, "Brushed Aluminum" FORMICA "BRUSHED ALUMINUM" 54-02-3800 Sect 1 - 1st Action Area With 3/4" Lip 54-12-0200 Sect 1, Trintec Clock, 3.5" Battery Operated, 1st AA Angled Mount a 3.5" battery operated Trintec clock on the angled area of the 1ST AA forward of the switch panel. 54-16-2000 Sect 1, 1st Action Area Overhead Cabinet INSTRUCTION: Fixed center divider and (1) adjustable shelf on each side. 1 1 1 1 1 Item # 7 Attachment number 2 08/05/2010 PART NO S DESCRIPTION Page 13 of 19 Pa e 13 QTY 54-18-0200 Sect 1, Sliding Doors On Overhead Cabinet 1 LOCATION: On the cabinet above 1st action area. 54-20-0200 Sect 1, Handles, Full Length Aluminum 1 LOCATION: On the cabinet above 1st action area. 54-26-4500 Sect 1, Writing Drawer, Standard 1 INSTRUCTION: Fab Part #1005643 Writing drawer below 1st action area. Round locking SouthCo latch to keep closed. 54-36-1600 Sect 1, Cabinet Below 1st AA 1 INSTRUCTION: (1) cabinet below the 1st action area full width. 54-38-0200 Sect 1, Sliding Doors On Cabinet Below 1st AA 1 54-40-0200 Sect 1, Handles, Full Length Aluminum 1 LOCATION: On the cabinet below 1st action area. 56-02-0400 Sect 2, Sharps Et Waste Compartment - Tilt Out 1 INSTRUCTION: Rearward of the CPR seat with Round locking SS Southco latch Et hold open. - Provide Et install containers. -Medtec Part Numbers 1006480 8990 Container 1006473 8900 Container Flip down door bracket 1008662 56-04-0200 Sect 2, Double Cabinet Above CPR Seat 1 56-06-0200 Sect 2, Flip-up Plexiglas Doors On Cabinet 1 56-08-0200 Sect 2, Handles, Chrome "C" With Mini-strut Holdopens 1 LOCATION: On cabinet above CPR seat. 56-26-0400 Sect 2, 2nd Action Area With 3/4" Lip 1 58-02-0800 Sect 3, Rearward Overhead Cabinet 1 INSTRUCTION: Fixed center divider and (1) adjustable shelf on each side. 58-04-0200 Sect 3, Sliding Plexiglas Doors, Rear Overhead Cabinet 1 58-06-0200 Sect 3, Handles, Full Length Aluminum 1 LOCATION: On the upper rear streetside overhead cabinet. 58-08-1000 Sect 3, Lower Rear Streetside Cabinet, (Inside/Outside) 1 Item # 7 08/05/2010 Attachment number 2 Page 14 of 19 Page 14 INSTRUCTION: Inside/outside access into D-4 compartment. Off set in D-4 for 2nd action area. 58-30-0200 Sect 3, Plexiglas Doors, Double Sliding 1 LOCATION: Lower rear streetside main cabinet. 58-32-0200 Sect 3, Handles, Full Length Aluminum 1 LOCATION: Lower rear streetside main cabinet. 58-46-0400 Sect 3, L/S Exhaust Fan, 6" W x 8" H, 240 cfm Air Flow 1 INSTRUCTIONS: Install (1) standard exhaust fan - streetside rear. Install a fan speed switch in rear switch panel. * * * BULKHEAD COMPONENTS * * * 1 1 60-02-0200 B1, L/S, Oxygen Compt, Interior Access With 0/2 View Window 1 INSTRUCTION: Hinged plexiglas door for 0/2 view into D-1 compartment. 60-02-0800 B1, L/S, Electrical Cabinet, Angled 1 INSTRUCTION: An angled cabinet shall house the electrical components. 60-04-0200 B1, Electrical Cabinet Door w/Round Locking SS Southco Latch 1 INSTRUCTION: Door vented at the top and the bottom. 60-08-0200 B1, Thermostat, Digital, Pro Air, 1 LOCATION: If not specified will be installed on 1st action area wall. Forward upper corner. 60-11-0200 131/2, Cab/Body Pass-Through 1 LOCATION: Pass-thru between cab and module. INSTRUCTION: There shall be a pass-through access window approx. 16"H x 17.5"W with a sliding plexiglass window, in formica covered wood frame. 60-12-0600 B1 /2, Heat/Cool Unit, Patient Compt, Pro-Air #935 1 INSTRUCTION: Mounted on bulkhead. Double vent on bottom of HVAC cabinet. Reflectix Insulation in the HVAC cabinet. 60-12-7100 B1 /2, Air Filter, AC Filter on Return Vents 1 60-14-0800 B1 /2, A/C Condenser, Bottom Mounted, Pro Air 1 Item # 7 08/05/2010 INSTRUCTIONS: Install an auxiliary A/C condenser under body. Connect to the standard interior Heater Air Conditioner combination unit. 63-44-0200 B2, STANDARD - ALS Cabinet , 3-Section INSTRUCTION: Top: Formica covered Top hinged door Locking round SouthCo latch left side. Center: Dual solid formica covered doors Round Locking SouthCo latches [1] adjustable shelf . Bottom: Dual solid formica covered doors Locking SouthCo round latches. Rubbermat on the bottom of each cabinet section and shelf. * * * PATIENT COMPARTMENT SEATING * * * 64-01-1200 Vacuumed Formed Upholstery PD Et AD models INSTRUCTION: EVS Vacuum formed seats Et backrests only. Armrests and all trim panels to be machine stitched using EVS Companion II material. 64-02-0200 Sect 1, Att. Seat, High Back, On 188 Swivel Base, EVS (VF) INSTRUCTION: EVS vacuum formed high-back attendant seat. LH Armrest. EVS SB188 swivel base -- 1750 Safe Line series seat. 64-06-1600 Sect 2, CPR Seat, 64-07-1000 Sect 2, Fixed Backrest, CPR Seat (Std.) 64-07-2200 Sect 2, CPR Seat Positive Catch Paddle Latch 64-10-3600 Sect 2/3, Squad Bench INSTRUCTION: (2) lids with storage under both sections. Gas strut hold opens and paddle latches. Interior floor of storage under squad bench rubber matted Attachment number 2 Page 15 of 19 Page 15 64-14-0200 Sect 2/3, Back Rests, (2) Above Squad Bench Certain backrests may need to be cut back to accommodate the proper operation of armrest, gauges, plates, or cabinets. 64-16-0400 Sect 2, Posts and Cups, Ferno Washington, (1) Set INSTRUCTION: (1) Complete Set Ferno Washington Posts Et Cups Item # 7 1 1 1 1 1 1 1 1 1 08/05/2010 Set-up for a FW #11 stretcher. Includes the addition of seatbelt buckles on the squad bench face! Attachment number 2 Page 16 of 19 Page 16 64-18-2000 Sect 2, Cargo Net, Head of Squad Bench 1 INSTRUCTION: Install a "5 strap" cargo net at the head end of the squad bench mounted from floor to ceiling and to vertical wall with 1/4" aluminum backer plates at each mounting point. DO NOT affix to the squad bench. 64-24-0200 Front Seatbelt Buckles on Squad Bench Face I 1 Install Seatbelt buckles on the face of the Squad Bench. * * * CURBSIDE CABINETS - PATIENT COMPARTMENT * * * 1 1 68-10-9900 S Sect 2/3, Squad Bench Cabinet, Two Section 1 INSTRUCTION: 68-12-0400 Sect 2/3, Flip Up Plexiglas Doors, (2) On Squad Overhead 1 (1) One strut per flip up section use (1) 1033536 strut (1) 1006905 bracket (1) 1006904 bracket 68-14-0600 Sect 2/3, Handles, (2) Chrome "C" With Mini-Strut Hold-Opens 1 LOCATION: On the squad overhead cabinet doors. * * * PATIENT COMPARTMENT EQUIPMENT/COMPONENTS * * * 1 1 70-02-1000 IV Holders, (4) Cast Products #2008-1, Ceiling Mounted LOCATION: (2) over cot (2) over squad bench 70-10-0200 Cot Mount, Stryker #6377 Dual Position, Floor Mount INSTRUCTION: For Cot Model: (for positioning of cot mounts only) 70-14-0600 Cot Mount Location, Side Et Center 70-17-0200 No Cot Stop Required at This Time 70-25-0000 No Additional Patient Handling Options 72-02-0100 Rear Entry Assist Handles, (2) Black Molded (Standard) LOCATION: Inside rear module 1040301 72-02-1200 Assist Rails, (1) 90" x 1.25", (1) 60" x 1.25" O.D, Brushed INSTRUCTION: (1) 90"x 1.25" - over cot. (1) 60" x 1.25 " - over squad bench. 1 1 1 1 1 1 1 Item # 7 08/05/2010 Attachment number 2 Page 17 of 19 Page 17 72-10-0200 Signs, "No Smoking Oxygen Equipped" Et "Fasten Seatbelts" 1 LOCATION: (1) on 1 st action area wall. * * * MEDICAL OXYGEN Et ENVIRONMENTAL SYSTEMS * * * 1 1 74-02-0200 Oxygen, 3000 Liters Minimum 1 74-02-0500 Oxygen, (2) Outlets - 1st Action Area 1 INSTRUCTION: (2) on the 1st action area wall SEE PRINTS 74-04-0800 Oxygen Outlets, Ohio Style 1 74-04-2400 Oxygen Outlet, (1) Additional, Ceiling Mounted 1 INSTRUCTION: (1) additional outlet ceiling mounted SEE PRINT 74-06-0600 Flowmeter, (1) Oxygen, Gravity Type 1 LOCATION: SHIPPED LOOSE 74-10-0600 Regulator, Oxygen 1 LOCATION: On 0/2 hose in designated oxygen compartment. 74-20-0800 Suction Et Aspiration Systems, SSCOR/Vacuum Pump D2 1 INSTRUCTION: (1) SSCOR 23002 disposable canister, injection molded plastic bracket and wall-mount SSCOR 22000 vacuum gauge and outlet on 1 st action area wall. Install the vacuum pump in the upper left corner of the D-2 compartment, in a metal cage. (1) "on/off" switch in the rear switch panel, for Suction pump. SEE PRINTS Canister Bracket P/N 1031799 Panel Mount P/N 1000236 74-22-0200 Sharps Et Biohazard Racksack With Red Medical Bags I 1 Ship Loose * * * COMMUNICATION Et LOOSE EQUIPMENT * * * 1 1 76-02-0600 Patient Code Signal System, With (3) Switches Et Buzzer 1 LOCATION: Cab console and rear switch panel. 76-06-0200 Radio Antenna Pre-Wire, (2) Base, Power, Ground Et Coax 1 INSTRUCTION: Antenna/Radio (2) bases and coax. Power and ground wires. Run from: (1) Center front of module roof. (1) Center center of module roof. Run to: Both to behind passenger seat in cab. Item # 7 08/05/2010 Attachment number 2 Page 18 of 19 Page 18 78-02-0600 (2) Fire Extinguishers, ABC 5 lb With Mounting Brackets 1 LOCATION: SHIPPED LOOSE 78-08-0000 Ship Loose Locking Sharps Disposal System 1 78-08-1000 DOT Triangles, Ship Loose (std.) 1 ... PAINTING, LETTERING Et STRIPING ... 1 80-02-0600 Chassis Repaint, Two-Tone, White Upper/Custom Lower 1 CHASSIS - Paint - Pierce # 90 Red (FLNA3042) Paint below cab window RED, leave upper WHITE. 80-04-0200 Body Surface Preparation with Corrosion Inhibitor 1 80-04-0400 Paint Preparation Et Processes 1 80-04-1200 S Body Paint Color, Two-Tone, White Upper/RED Lower 1 MODULE - Pierce #90 RED from Below the Drip Rail. The Drip Rail and the Roof to be left WHITE. 84-02-0100 Entry Doors, Perimeter Safety Stripe, (Std.) I 1 Specify Reflective Color: RED 84-02-0201 Entry Doors, Perimeter Safety Stripe, White Reflective(Std.) 1 Install a white reflective perimeter safety stripe around each entry door. 84-05-0200 No Vehicle Stripe Design Required At This Time 1 84-07-0000 Non Metallic or Pearl Paint Color 1 84-22-0000 Pinstripe, 3/4" W -"C" Style Rubrail, Reflective 1 INSTRUCTION: Install 3/4" wide white reflective stripe through the center of the "C" style rubrail. 88-04-0200 Decals, "Ambulance" Et "Star of Life" Packages, Installed 1 INSTRUCTION Et COLOR: Light Blue reflective #280-76 with White reflective #280-10 outline. (3) 6" "AMBULANCE" (1) 4" reverse "AMBULANCE". (2) 18" SOL (2) 14" SOL (2) 6" SOL (1) 32" Vinyl SOL * * * DELIVERY / END USER DOCUMENTATION * * * 1 1 90-02-0300 Vehicle Operator's Manual, Hard Cover Binder - AD/M 1 90-06-0600 Operating Instructions, DVD 1 90-06-0800 Electrical Schematics CD 1 90-07-0200 Fuel, Fill 1 Item # 7 Attachment number 2 Page 19 of 19 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a loan from the City of Clearwater (Central Insurance Fund) to the CRA to fund the purchase of real property from MNEK, Inc., and other costs associated with the property, for $1.9 million at the cash pool rate, with interest only through Fiscal Year 2012 and level debt service for the remaining 6 years through Fiscal Year 2018, and authorize the appropriate officials to execute same. (consent) SUMMARY: This property has presented an acquisition opportunity for the CRA at this time since the property has recently been listed for sale and reductions in asking price have made the acquisition feasible for redevelopment purposes. The subject property comprises the bulk of the East Gateway block bounded by Cleveland Street on the South; North Betty Lane on the East; Grove Street on the North; and North Lincoln Avenue on the West. It includes all the parcels on the block owned by MNEK, Inc., including the Economy Inn; Jem Motel; Viva Mexico restaurant; two duplexes on Grove Street and one owner-occupied single-family residence on the corner of Grove Street and North Betty Lane. It does not include three single-family residences on Grove Street not under ownership of MNEK, Inc. The acquisition parcels total approximately 96,885 sq. ft., or 2.2 acres, according to Property Appraiser. The real property to be purchased is described as Pinellas County parcels 15-29-15-65286-000-0180, 0190 and 0191 within (PADGETT'S ESTATES, P134, Pg 11) together with Pinellas County parcels 15-29-15-58788-000-0280,0290, and 0310 (within RE- SUBDIVISION LOTS 11,12,13,14,and 15 of PADGETT'S ESTATES, PB12, Pg 24) A loan will be set up in Fiscal Year 2011 from the City of Clearwater Central Insurance Fund to the CRA for $1.9 million. There is currently approximately $19 million in unrestricted reserves available in the Central Insurance Fund. A sample debt service schedule showing the loan at an approximate 3.5% (rate will vary depending on the cash pool earnings rate), with interest only through Fiscal Year 2012 and level debt service for the remaining 6 years is available. If the property is sold prior to the loan being satisfied, the sales proceeds will go toward paying off the loan. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 1 Loan from City Central Insurance Fund to CRA Property Purchase Loan $ 1,900,000 Interest Rate 3.5% (will vary - int erest at cash pool rate) Interest only FY11 and FY12 2 years Principal and Interest FY13 - FY18 6 years Level Payment FY13 - FY18 357,000.00 Interest Principal Principal Total Payment Beginning Balance 1,900,000.00 FY11 66,500.00 - 1,900,000.00 66,500.00 FY12 66,500.00 - 1,900,000.00 66,500.00 FY13 66,500.00 290,500.00 1,609,500.00 357,000.00 FY14 56,332.50 300,667.50 1,308,832.50 357,000.00 FY15 45,809.14 311,190.86 997,641.64 357,000.00 FY16 34,917.46 322,082.54 675,559.09 357,000.00 FY17 23,644.57 333,355.43 342,203.66 357,000.00 FY18 11,977.13 345,022.87 (2,819.21) 357,000.00 2, 275, 000.00 Item # 8 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the amended pooled cash investment policy. (consent) SUMMARY: State law requires that the governing body adopt an investment policy. The original policy was adopted by the City Council (City Commission) on September 7, 1995. The policy has been amended by the Council from time to time as necessary. Changes in terminology, technology and the investment environment warrants additional changes be made to the policy. The biggest changes are: 1. The changes to the performance measurement benchmark in section (3) to agree more closely with the investment portfolio weighted average maturity. 2. The increase of the temporary average maturity from four to five years in section (6) to allow for more callable step-up securities due to the market environment. 3. Defining the Investment Committee in section (12) 4. Expanding the number of individuals who must complete a minimum of 8 hours of continuing education in investment practices to the entire Investment Committee in section (14). The following is a summary of the changes to the Policy. 1) Scope a) Style and grammatical changes. b) Terminology has changed "Trust" funds to "Fiduciary" funds. c) Clarification is being made to exclude non-pooled cash investments of all pension plans. 2) Investment Objectives a) Unneeded wording on security sales is being eliminated. b) Style and grammatical changes. c) Increasing the percentage of investments that have a maturity greater than 10 years from 10% to 15% of the portfolio. 3) Performance Measurement a) Style and grammatical changes. b) Benchmark yield is being increased to match more closely the yield of the expected weighted average maturity of the portfolio. The current benchmark has a weighted average maturity of .93 years. The proposed benchmark has a weighted average maturity of 2.46 years. This more closely matches the policy weighted average maturity of 3 years or less (see (6) Maturity and Liquidity Requirements). 4) Prudence and Ethical Standards - no changes proposed. 5) Authorized Investments a) Style, grammatical and terminology changes. 6) Maturity and Liquidity Requirements a) Style and grammatical changes. b) Eliminated duplicate wording on laddering maturities. c) The benchmark for the weighted average maturity of the portfolio remains at three years. Due to market conditions, the temporary limit is being raised from four to five years. This will allow an increased number of callable "step-ups" to be in the portfolio. "Step-ups" are securities that have a longer stated maturity but the interest rate on the security increases over time. In flat and rising interest rate environments, such as now, the prudent selection of these securities provides for higher current income while protecting the portfolio from rising interest rates. 7) Portfolio composition, Risk and Diversification a) Style and grammatical changes. Cover Memo Item # 9 8) Authorized Investment Institutions and Dealers - no changes proposed. 9) Third-Party Custodial Agreements a) The third party custodian is now notified of pending trades through the internet. This is an update due to technology improvements. 10) Master Repurchase Agreement a) Style and grammatical change. 11) Bid Requirements a) Style and grammatical changes. 12) Internal Controls a) The Investment Committee is defined. 13) Reporting - no changes proposed. 14) Continuing Education a) The individuals who are required to obtain no less than 8 hours of continuing education (per State Law) and to have sufficient knowledge and education to invest in the City's funds is being expanded to include all members of the Investment Committee. 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 # 9 Attachment number 1 Page 1 of 8 City of Clearwater, FL Investment Policy P? . 1 2010 (1) SCOPE Th statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • -fit Funds The policies set forth do not apply to the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) INVESTMENT OBJECTIVES A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. J. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will Item # 9 Attachment number 1 Page 2 of 8 Citv of Clearwater - Investment Poli be "laddered" with rrlc nth1 v maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will , ° g match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. ' ' ' i unless specifically matched against a debt or obligation not more than 1 % of the portfolio will have a maturity greater than 10 years. C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) PERFORMANCE MEASUREMENT The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15,215% 3 month Treasury Bill rate 15,210% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15,210% 3 year Treasury Note rate 15,210% 1 10% Total 100% 2 Item # 9 Attachment number 1 Page 3 of 8 Citv of Clearwater - Investment Poli (4) PRUDENCE AND ETHICAL STANDARDS The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) AUTHORIZED INVESTMENTS 4-: The City shall limit investments, as authorized in Florida Statutes to: a. Direct Federal Government obligations; ' -e4- "?l = T- gr° Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds;, and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c. U.S. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. 3 Item # 9 Attachment number 1 Page 4 of 8 Citv of Clearwater - Investment Poli d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Fi S i e. Debt issued by the State of Florida or any political subdivision thereof including pools. f. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. g. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. h. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 FI,,r r i. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will " m I _ forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. 4 Item # 9 Attachment number 1 Page 5 of 8 Citv of Clearwater - Investment Poli B. The City's i,:J" , to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five, years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% CMOs and REMIC 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. 5 Item # 9 Attachment number 1 Page 6 of 8 Citv of Clearwater - Investment Poli (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will (10) Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal type of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a "new issue" and can be purchased "at the auction". B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the it - , and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices 1 one of the following to determine if the transaction is in the City's best interest: 6 Item # 9 Attachment number 1 Page 7 of 8 Citv of Clearwater - Investment Poli 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. N _ 7i 1 7 r L (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type B. Book Value C. Market Value D. Income Earned 7 Item # 9 Attachment number 1 Page 8 of 8 Citv of Clearwater - Investment Poli (14) Continuing Education The i N 1 1 will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members o the Nn, .,ni-nl Comm- will have sufficient knowledge and education to invest in any and all of the securities listed above. 8 Item # 9 Attachment number 2 Page 1 of 7 City of Clearwater, FL Investment Policy 2010 (1) SCOPE This statement of investment policy and guidelines applies to all investments of the City's pooled cash, which includes cash and investment balances of the following funds: • General • Special Revenue • Debt Service • Capital Projects • Enterprise • Internal Service Funds • Fiduciary Funds The policies set forth do not apply to the non-pooled cash investments of the Pension and Deferred Compensation Funds of the City of Clearwater, deposits for defeased debt, or assets under Bond Trust Indenture Agreements. (2) INVESTMENT OBJECTIVES A. Safety of principal is regarded as the highest priority in the handling of investments for the City. All other investment objectives are secondary to the safety of capital. Each investment transaction shall seek to first ensure that capital losses are avoided. B. The City's investment strategy will provide sufficient liquidity to meet the City's operating, payroll and capital requirements. To accomplish this the portfolio will be "laddered" with monthly maturities except for those months in which significant Ad Valorem taxes are received. To the extent possible, the City will match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow requirement, the City will not directly invest in securities maturing more than 15 years from the date of purchase. Also, unless specifically matched against a debt or obligation not more than 15% of the portfolio will have a maturity greater than 10 years. Item # 9 Attachment number 2 Page 2 of 7 Citv of Clearwater - Investment Poli C. The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. (3) PERFORMANCE MEASUREMENT The benchmark yield for the operating portfolio will be the weighted average yield determined by using the following maturity distribution and the related U.S. Treasury yields. Treasury yields are considered the benchmark for riskless investment transactions and, therefore comprise a minimum standard for the operating portfolio's rate of return. The investment program shall seek to augment returns above this threshold, consistent with risk limitations identified herein. Average Treasury Rates Percentage Distribution Overnight rate 15% 3 month Treasury Bill rate 15% 6 month Treasury Bill rate 15% 1 year Treasury Bill rate 15% 3 year Treasury Note rate 15% 5 Year Treasury Note rate 15% 10 year Treasury Note rate 10% Total 100% Weighted average maturity of benchmark 2.46 years. (4) PRUDENCE AND ETHICAL STANDARDS The standard of prudence to be applied by the investment officer shall be the "Prudent Person" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as 2 Item # 9 Attachment number 2 Page 3 of 7 Citv of Clearwater - Investment Poli well as the probable income derived." The "Prudent Person" rule shall be applied in the context of managing the overall portfolio. (5) AUTHORIZED INVESTMENTS The City shall limit investments, as authorized in Florida Statutes to: a. Direct Federal Government obligations. Investments in this category would include but not be limited to the following: United States Treasury Bills, Notes and Bonds; and securities issued by the Small Business Administration, Government National Mortgage Association (Ginnie Mae), Veterans Administration, and Federal Housing Administration. b. Federal Agencies and instrumentalities. Investments in this category would include but not be limited to the following: obligations of the Federal Home Loan Banks System (FHLB) or its distinct banks, Financing Corporation (FICO), the Federal Farm Credit Bank, Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer Mac). c. U.S. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency. d. Interest-bearing time deposits or savings accounts, in a qualified Public Depository as defined in s. 280.02 Florida Statutes. e. Debt issued by the State of Florida or any political subdivision thereof including pools. 3 Item # 9 Attachment number 2 Page 4 of 7 Citv of Clearwater - Investment Poli f. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian. g. Repurchase Agreements and reverse repurchase agreements collateralized by securities otherwise authorized in this policy. h. The Local Government Surplus Funds Trust Fund or any intergovernmental investing pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in s. 163.01 Florida Statutes. i. Commercial paper of prime quality of the highest letter and numerical rating as provided for by at least one nationally recognized rating service. (6) Maturity and Liquidity Requirements A. The City will maintain a forecast of expected cash outflows and inflows by major categories. For months that the outflows exceed inflows the City will have investments maturing that month in excess of the forecasted deficits. B. The City's intention is to keep the weighted average maturity to three years or less. Due to market conditions and cash needs the average maturity may temporarily be greater than three years but no greater than five years. (7) Portfolio Composition, Risk and Diversification Assets held shall be diversified to control risk of loss resulting from overconcentration of assets in a specific maturity, issuer, instrument, or dealer/broker, through which these 4 Item # 9 Attachment number 2 Page 5 of 7 Citv of Clearwater - Investment Poli instruments are bought and sold. The following maximum limits apply to the portfolio: Maturity date 10% Specific instrument 8% Specific issuer 40% Specific dealer/broker 33% Commercial paper 25% CMOs and REMIC 33% Diversification strategies within the established guidelines shall be reviewed and revised periodically as necessary by the Investment Committee. (8) Authorized Investment Institutions and Dealers A. Banks - Certificates of deposit purchased under the authority of this policy will be purchased only from Qualified Public Depositories of the State of Florida as identified by the State Treasurer, in accordance with Chapter 280 of the State Statutes. B. Broker/Dealer Approvals and Limitations - Time, practicality, and general business constraints limit the number of investment relationships which can be managed on a regular basis. In most cases, normal investment activity will be limited to no more than ten dealer relationships. A broker/dealer list will be established by the Finance Director or designee. This list will be presented to the Investment Committee for approval. This list will be updated as needed and approved by the Investment Committee. (9) Third-Party Custodial Agreements All securities shall be held by a third party safekeeping company. All purchases by the City under this policy shall be purchased using the "delivery versus payment" procedure. For all purchases and sales of securities the third party custodial will require the approval of two individuals authorized by the Finance Director. 5 Item # 9 Attachment number 2 Page 6 of 7 Citv of Clearwater - Investment Poli (10) Master Repurchase Agreement All approved institutions and dealers transacting repurchase agreements shall be covered by a Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. (11) Bid Requirements After the Finance Director or designee has determined the appropriate maturity based on cash flow needs and market conditions and has selected one or more optimal types of investment, the security in question shall, when feasible and appropriate, be competitively bid. Competitive bids or offerings shall be received from at least three dealers/brokers on all sales or purchases except in situations where: A. The security involved is a "new issue" and can be purchased "at the auction". B. The security has a fixed "postal-scale" rate. C. The security involved is available through direct issue or private placement. D. The security involved is of particular special interest to the City and dealer competition could have an adverse impact with respect to the price and availability to the City. It is also realized that in certain very limited cases the City will not be able to get three quotes on a certain security. For those cases the City will obtain current market prices from one of the following to determine if the transaction is in the City's best interest: 1. Bloomberg Information Delivery System. 2. Wall Street Journal or a comparable nationally recognized financial publication providing daily market pricing. 3. Daily market pricing provided by the City's Custody Agent or their corresponding institution. 6 Item # 9 Attachment number 2 Page 7 of 7 Citv of Clearwater - Investment Poli (12) Internal Controls The Finance Director shall establish and monitor internal and procedural controls designed to protect the City's assets and ensure proper accounting and reporting of the transactions related thereto. The internal controls will be designed to prevent losses of funds which might arise from fraud, employee error, misrepresentations by third parties, or imprudent actions by employees of the City. All buy and sell communications with the third party safekeeping company will be signed by two individuals authorized to make investment decisions. The internal controls developed under this policy shall be reviewed by the independent auditors as a regular part of their audit of the City. The Finance Director shall establish an Investment Committee that meets on a regular basis for the purpose of reviewing investment transactions, approving brokers/dealer changes and other investment activities. The Investment Committee members will be the Finance Director, Assistant Finance Director, Cash & Investment Manager and any other City staff members appointed by the Finance Director. (13) Reporting The Finance Director or designee shall report on at least an annual basis the following information on the City's investments: A. Securities by class/type B. Book Value C. Market Value D. Income Earned (14) Continuing Education The members of the Investment Committee will complete no less than 8 hours of continuing educational opportunities on investment practices each fiscal year. The members of the Investment Committee will have sufficient knowledge and education to invest in any and all of the securities listed above. 7 Item # 9 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to American Underwater Contractors, Inc., per written quote, to install three 14-inch buoys on the Clearwater Pass Jetty for the total price of $9,596 and authorize the appropriate officials to execute same. (consent) SUMMARY: American Underwater Contractors was the only company offering their professional services, per written quote. The $9,596 includes a professional commercial diving crew, 24-foot commercial workboat, mobilization and demobilization, hotels and per diems and all other related costs. It also includes two extra 14-inch buoys with lights, stainless steel connection for salt water, all language and markings and freight for $866 each. Council adopted Resolution 09-47 in December 2009 to approve petitioning the State to authorize the installation of the buoys at the approximate cost of $6,000. The State authorized approval of lighting the jetty. The cost is $3,596 more than estimated. At first quarter 2009/10, the Council allocated $6,000 of General Fund reserves to the Non Departmental program for this purpose. A third quarter budget amendment will provide a further allocation of $3,596 from General Fund reserves to provide for the total cost of $9,596. The funding code will be: 0-010-07000 -552500-519-000-0000. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes A third quarter budget amendment will provide a $3,596 allocation from General Fund reserves in addition to the $6,000 previously approved, for the total of $9,596. Current Year Cost: $9,596 Annual Operating Cost: Not to Exceed: $9,596 Total Cost: $9,596 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 0-010-07000-552500-519- $9,596 000-0000 Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager Approval: ED 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 1 AMERICAN UNDERWATER CONTRACTORS, INC. 17536 SE Conch Bar Ave., Tequesta, FL 33469 Ph: 561-575-5538 Fx: 561-575-4651 AUCfoster@aol.com Mr. Ed Chesney, P.E. Environmental Manager City of Clearwater 100 S. Myrtle Avenue # 220 Clearwater, FL 33756 Phone: 727-562-4742 Ed.Chesney@myClearwater.com July 30, 2010 RE: Installation and materials quote Dear Ed: American Underwater Contractors, can provide the three 14" buoys, lighted as per specifications, StormSoft down line assembly and helical anchors as per specifications and install these at your location for a total price of $ 7,864.00. This price includes profession commercial diving crew, 24' commercial work boat, mobilization and demobilization, hotels and per diems and all other related costs. If you would like to order two extra 14" buoys with lights, stainless steel connection for saltwater, all language and markings and freight, the cost is $ 866.00 each. This would bring the total price to $ 9,596.00. Would you also need a quote for extra StormSoft down lines with appropriate chafing hose, shackles and underwater floats? All crew and equipment meet the mandatory USCG and OSHA compliance and are fully insured for marine operations. We have installed thousands of these systems for Government agencies in Florida and the Caribbean. We have excellent references available upon request. I hope we can be of assistance. Best regards, David David Foster American Underwater Contractors, Inc. Item # 10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Review the proposed artworks for Sculpture360, Season III - Art in the Cleveland Street District, and approve the expenditure of $8,000 from the Public Art Discretionary Fund to supplement the Sculpture360 project budget. (consent) SUMMARY: Sculpture360, Art in the Cleveland Street District, is a temporary exhibition of outdoor public artwork intended to bring high-quality, iconic, and vibrant artwork to downtown Clearwater. An open Call to Artists as outlined in the Public Art and Design Guidelines was issued detailing the scope of the project. The Public Art and Design Board appointed a Selection Panel comprised of individuals representing specified interests and expertise as follows: Judith Powers (Chair), a member of the Public Art and Design Board and the director of the Pinellas County Cultural Affairs Department; David Allbritton, chairman of the Downtown Development Board and representative of the downtown community; Catherine Woods, a professional sculptor and glass artist; Phyllis Franklin, downtown business owner and operator of Franklin Realty; Anne Fogarty-France, Economic Development representative; Felicia Leonard, Parks & Recreation representative; Elizabeth Minor, Cultural Affairs representative The Call to Artists resulted in approximately 30 responses of qualified artists with various works proposed for temporary loan. The selection panel met on July 23, 2010 at the Clearwater Main Library and selected three finalists (Nicole Beck, Ted Sitting Crow Garner, and Clayton Swartz) and three alternates (Jorge Blanco, Mike Hansel, and Kevin Eichner). All artists and artworks have been reviewed by the Public Art and Design Board. The Public Art and Design Board requests that the City Council review and approve an allocation of $8,000.00 from the Public Art and Design Program Discretionary Fund for supplementing the project budget for Sculpture360: Season III. Funds will be utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms of the exhibition. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Current Year Cost: $8,000 Annual Operating Cost: Not to Exceed: $8,000 Total Cost: For Fiscal Year: 2010 to 2011 No -0- $8,000 Appropriation Code Amount Appropriation Comment 325-93608 $8,000 Review 1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and Cover Memo Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Item # 11 Attachment number 1 Page 1 of 20 Location: Cleveland Street District, downtown Clearwater Project Synopsis: Sculpture360: Art in the Cleveland Street District is a temporary outdoor exhibition of public artwork and sculpture for the period of one year. Similar to other long-standing sculpture exhibitions such as the Sarasota Season of Sculpture, Sculpture360 aims to bring high-quality, vibrant, and engaging public artwork to the citizens and visitors of Clearwater. Budget: $14,000 Selection Panel: Judith Powers (Chair), a member of the Public Art & Design Board and director of the Pinellas County Cultural Affairs Department David Allbritton, chairman of the Downtown Development Board and representative of the downtown community Catherine Woods, a professional sculptor and glass artist Phyllis Franklin, downtown business owner and operator of Franklin Realty Anne Fogarty-France, Economic Development representative Felicia Leonard, Parks & Recreation representative Elizabeth Minor, Cultural Affairs representative Public Art & Design Board: Joshua Bomstein (Chair), Creative Contractors, Inc., Vice President Robert Entel, Community representative Alex Plisko, Architect, Plisko Architecture Judith Powers, Pinellas County Cultural Affairs John Timberlake, Community representative Sultana Volaitis, Artist representative Howard Warshauer, Community representative Selection Process and Criteria: The seven-member Selection Panel reviewed proposed artworks from the artist qualifications received though the open Call to Artists. Artwork and artist credentials were evaluated on their artistic content, durability, originality, and other specific criteria outlined in the Call to Artists such as: • Being vibrant, engaging and colorful • Being a solid structure and able to "hold its own" against the visual activity of downtown • Being iconic and serving as a visual anchor-point of the Cleveland Street District Rationale for Selection: The following artworks were chosen by the Selection Panel on the basis that they met and exceeded the qualifications for desired sculpture identified in the Call to Artists. Each artist is a qualified and active sculptor and has professional training in the arts, a lengthy public exhibition record, a number of successful public or private commissions, and/or a combination of these traits. Information on each artist and images of the selected work follow Item # 11 Attachment number 1 Page 2 of 20 Finalist Artist Name: Nicole Beck (Chicago, IL) Artwork Title: Astroterra (2007) Artwork Medium: Mosaic and enamel on steel Artwork Dimensions: 8' x 6' x 6' Artwork Value: $25,000 Artist Credentials: MFA -Northern Illinois University, DeKalb, IL Art Institute of Chicago, Chicago, IL 2004-2010-Treasurer, Board of Directors, Chicago Sculpture International 2003-2010- Lead Teaching Artist, Urban Gateways, Chicago, IL 1997-2003 - Lead Artist, Gallery 37, Chicago, IL 1993-1996- Faculty Adjunct, Ringling School of Art & Design, Sarasota, FL Recent Public Works: 2010 - Art Chicago, Merchandise Mart Chicago, IL 2010 - "Sculpture Invasion II" Koehnline Museum of Art, Des Plaines, IL 2010 - ,9t" Lakefront Sculpture Exhibit 2010" Lincoln Park, Chicago, IL 2010 - Quad City Arts Exhibition Bettendorf, IA 2009- ,9t" Sculpture in the Park Exhibition" White River State Park, Indianapolis, IN 2009 - "8t" Lakefront Sculpture Exhibit 2009" Lincoln Park, Chicago, IL 2009 - Artprize Huntington Bank, Grand Rapids, MI 2008 - "Nicole Beck New Works" Harold Washington Library, Chicago, IL Item # 11 Attachment number 1 Page 3 of 20 to 77 All 6'.?.r>•' -+ ??' Q '1"1'4 y' ???" r ? ?+' ?, ? ?-'u ?+?F n ?.fl"?!.` -•? +t' '?4 irk J 4 i n# " y rrf+ i' _ ?r ail f "1 / '4 'rt ?'7'L6'.vtiF? ? T't w-•-. - ?pY, ? '9F? f> .. ? lan 41 . 4 01.1 ,. a TT 1 .?t + Ylif?, 00 lilt a'b, +??ArrerFrr? ? i ?? 40 k, rl iziw a +? H 4 ! +i 1 Ir ??;+, h Y?: i? Finalist Artist: Nicole Beck - "Astroterra" Item # 11 Attachment number 1 Page 4 of 20 ,a- - "_.•? r rr `' Y ??? ? v*?? tai M ti i +, T 111 44 ,... , 4rv M'. IlYll * t{w $I. IL + }qtr#Ow ! w? ¦1? it '1 I'?. ? ? , ? ?t • i?' I? F i rv 1 ' i Item # 11 Attachment number 1 Page 5 of 20 u 1 4 p F A n, Its Finalist Artist: Nicole Beck - "Astroterra" Item # 11 Attachment number 1 Page 6 of 20 Finalist Artist Name: Ted Sitting Crow Garner (Chicago, IL) Artwork Title: Uppercutted(2004) Artwork Medium: Painted welded steel Artwork Dimensions: 12' 9" x 4' 6" x 5' Artwork Value: $25,000 Artist Credentials: BFA -Kansas City Art Institute, Kansas City, MO 1974-1978 - Assistant to sculptors John Henry, Jerry Peart, Mark diSuvero Recent Public Works: 2008 - "Urban Trees 5" Port Authority of San Diego, San Diego, CA 2008 - "Quad Cities Rotating Sculpture Program" Rock Island, IL (voted "Best in Show") 2007 - "Sculpture Explosion" Oakton Community College, Des Plaines, IL 2006 - "Artists and Automobiles" City of Chicago Public Art Program, Chicago, IL 2006 - "Florida Outdoor Sculpture Exhibition" Polk Museum of Art, Lakeland, FL 2004 - "Third Lincoln Park Community Art Initiative" 43rd Ward Organization, Lincoln Park, Chicago, IL 2003 - "2003 Exhibition" Franconia Sculpture Park, Shafer, MN 2001- "Florida Outdoor Sculpture Exhibition" Polk Museum of Art, Lakeland FL 2001- "Riverwalk Outdoor Sculpture Exhibition" Peoria Parks and Recreation Department, Peoria, IL Item # 11 Attachment number 1 Page 7 of 20 ur Artist Finalist: Ted Sitting Crow Garner - "Uppercutted" Item # 11 Attachment number 1 Page 8 of 20 Jcrr ?zz ti? y 1 i. i? M ? ? ? k. ryAt q 4 } e ?j IIF ?y! 9i ??' Ali '? ? ,le 1 Y}?B •?1 ,r m "rk .!]??;y?.. tm ))q, r, "'?I, if JJ o 'w-?:. `• i;' IyPT cw q?? ,f X? e•. ?kX [? Amy "r?? h? '?,' Ni'P?` A,1 7•y?, ".'! e ! .M N "'' IMCi qr? Y' xA .y. w4 rva, " 1c•?f Y , AS ? . .n:y.X,i ? -. i?,.a V??`J .lM.q? .?. -..?ir ?' .. x?in 1 xWt•:.:sl?r. - 't- ? r 1 N ? y - , r? I Y`I { P .r . rr ,.d 7? '' P wry ? ?s N ? I % `' "`? r .?• I rig= `, b , , A't,44, ? r , ?I 4, 1 -? ?* :.fi` WSt Finalist Artist: Ted Sitting Crow Garner - "Uppercutted" Item # 11 Attachment number 1 Page 9 of 20 Item # 11 Attachment number 1 Page 10 of 20 Finalist Artist Name: Clayton Swartz (Pinellas Park, FL) Artwork Title: Constellation (2008) Artwork Medium: Aluminum Artwork Dimensions: 18' x 6' x 6' Artwork Value: $30,000 Artist Credentials: Bachelor of Arts - University of South Florida School of Fine Arts Associate of Arts, St. Petersburg Junior College Recent Commissioned and Public Works: 2010- Paul's Project Non-Profit (commission) Palm Harbor, FL 2010-Jeffrey and Ellen Grossman (commission) Palm Harbor, FL 2010 -Alfred May (commission) St. Petersburg, FL 2010- Philip and Nancy Baumann (commission) Tampa, FL 2010 - Dennis Govan (commission) Dunedin, FL 2009-400 Beach Restaurant (commission) St. Petersburg, FL 2009 - Meni-Ninho and Meni-Ninha Child Care Center (commission) Miami, FL 2009-John Anthony (commission) Bellaire Beach, FL 2009- Mike Niklasch (commission) St. Petersburg, FL Item # 11 Attachment number 1 Page 11 of 20 W? ? P M1 ? k? ,r ?? t ?k ? k F r } . n .fit " yt 4?- ,,1Hk??I 3 , ?AV g k r. ?? f ? Il J .k I ? ? W 1 F'f 1 Y'' ?' 4 I ?? T 11 W ? ? •?`# ? ? { ,Yfry??? 1 4 ? •T ?' 1 /l?-i?.?l. ?, ! }µ e??a lY Finalist Artist: Clayton Swartz - "Constellation" Item # 11 Attachment number 1 Page 12 of 20 Alternate #1 Artist Name: Jorge Blanco (Sarasota, FL) Artwork Title: Zephyrus (2007) Artwork Medium: Powder coated aluminum Artwork Dimensions: 14'x10'x10' Artwork Value: $35,000 Artist Credentials: 1979 -1998 - Art Director, Children's Museum of Caracas, Caracas, Venezuela Recent Public Works: 2009 - "FREERIDING" Jack Harris Park, North Central College, Petoskey, MI 2009 - "DYNAMICS" City of Fort Pierce, FL 2008 - "For the Goal" City of Leawood Park, KS 2008-"RUN RED RUN" City of Leawood Park, KS 2008- "IN THE SWIM" Marina Plaza, City of Fort Pierce, FL 2008 - "Andalucia" Riverside Commerce Park, Palm Beach Gardens, FL 2008 - "Alfresco" University Ridge Park, City of Reno, NV 2008 - "Smile" Hotel Indigo, Sarasota, FL 2007 - "Pleasant Tree" City of Chula Vista Public Library, CA 2005 - "Phoenix" Anderson Administration Building, City of Venice, FL Item # 11 Attachment number 1 Page 13 of 20 i Alternate Artist #1: Jorge Blanco - "Zephyrus" y Item # 11 Attachment number 1 Page 14 of 20 Item # 11 Finalist Artist #1: Jorge Blanco - "Zephyrus" Attachment number 1 Page 15 of 20 Alternate #2 Artist Name: Michael Hansel (Newport, RI) Artwork Title: Inflatable Solid (2003) Artwork Medium: Painted steel Artwork Dimensions: 7' x 8' x 4' Artwork Value: $8,000 Artist Credentials: MFA, Sculpture - University of Pennsylvania, Philadelphia, PA BFA, Ceramics - University of Cincinnati, Cincinnati, OH Recent Public Works: 2009 - "Sculpture in the Streets" Albany, NY 2009 - "Sculpture Tour" Western Michigan University, Kalamazoo, MI 2009 - "Pittsfield Public Art Program" Pittsfield, MA 2009 - "Sculpt Miami" Miami Beach, FL 2008 - "Brock Commons Public Art Program" Longwood University, Farmville, VA 2008-"AlI Points West Music Festival" Liberty Park, Jersey City, NJ 2008 - "Contemporary Sculpture at Chesterwood" Stockbridge, MA 2007 - "SUNY Ferdonia" Ferdonia, NY 2006 - "Port Warwick Art and Sculpture Festival" Newport News, VA Item # 11 Attachment number 1 Page 16 of 20 Alternate Artist #2: Mike Hansel - "Inflatable Solid" Item # 11 Attachment number 1 Page 17 of 20 4' "?di':. "..• i? SFr .[,??.. r, ha x ?- P ty s 7 ,r- r ??,.?Q{] M A k r T Y ETy •? ~ ' 14 ,rf ?"?` aT T 1 ? ? e ' a J c L - f V f ` YX ? r y 'J7 +6 T } ;i Alternate Artist #2: Mike Hansel - "Inflatable Solid" Item # 11 Attachment number 1 Page 18 of 20 Alternate #3 Artist Name: Kevin Eichner (Hilton Head Island, SC) Artwork Title: Meus Amour (2007) Artwork Medium: Steel Artwork Dimensions: 8'4" x 3' x 2'6" Artwork Value: $10,000 Artist Credentials: MFA - East Carolina University, Greenville, NC BFA - State University of New York College at Buffalo, Buffalo, NY Recent Public Works: 2010- "Willow Walk" Willowbrook Park, Burlington, NC 2009-"23rd Rosen Sculpture Exhibition" Boone, NC 2009 - "Discover What's Outside" Salisbury Sculpture Exhibition, Salisbury, NC 2008 - "The Sculpture Salmagundi XII" The Arts Center, Rocky Mount, NC 2008 - "Craven Arts 3rd Annual Sculpture Show" New Bern, NC 2008 - "RiverSculpture 2008" Reynolds Mountain, Ashville, NC 2007 - "Art in the Garden" UNC Botanical Garden, Chapel Hill, NC 2007 - "Public Art Program" Downtown Boone Development Association, Boone, NC 2006 - "Outdoor Exhibition" Arts Council of Wayne County, Goldsboro, NC Item # 11 Attachment number 1 Page 19 of 20 3 H ? 4y, i ,J i {L Pi - - 1. A+]/] Y 5 h r ?I t L h d Alternate Artist #3: Kevin Eichner - "Muse Amour" Item # 11 Attachment number 1 Page 20 of 20 Alternate Artist #3: Kevin Eichner - "Muse Amour" Item # 11 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewal of an Interlocal Agreement in the amount of $140,422.36 from the Community Redevelopment Agency (CRA) and authorize continuation of two full time equivalent positions to provide Community Police Officers for the East Gateway area, and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 31, 2009, the CRA approved the Interlocal Agreement to provide Tax Increment Funding (TIF) to the City of Clearwater in the amount of $140,422.36 to provide two (2) Community Police officers and fuel to the CRA area of the East Gateway. The term of this Interlocal Agreement will be October 1, 2010 through September 30, 2011. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361 (1), Florida Statutes, and will be used to provide a more visible community policing presence within the East Gateway neighborhood. This is the third year of the Agreement between the CRA and the City. As a result of the officers deployed under the 2009/2010 Agreement, conditions have substantially improved in the East Gateway area. It is recommended that the program continue as justified by the ongoing activity in the area that negatively impacts the quality of life. Both residents and businesses have enthusiastically embraced the program. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: -0- 2010 to 2011 Annual Operating Cost: Total Cost: 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 # 12 Attachment number 1 Page 1 of 1 8/23/2010-404 PM CRA Officers Base Salary Pension (24%) EXHIBIT "A" Position Enhancement Fact Sheet Police Department - CRA Funded Officers For FY 2010/11 Social Security (1.45%) Major Medical Life Insurance 1 Officer Step 3 49,029.24 11, 767.02 710.92 6,200.00 10.00 Workers Compensation 1,654.00 69,371.18 Fuel 1680 2 Officers Step 3 98,058.48 23,534.04 1,421.85 12,400.00 20.00 3,308.00 138,742.36 Item # 12 Attachment number 2 Page 1 of 6 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this day of , 2010 by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, Section 163.361(1) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has established a Five Year Plan that contains an East Gateway Character District Strategy, which includes the element to "provide a more visible community policing presence within the East Gateway neighborhood"; and WHEREAS, the CRA has ascertained that the East Gateway area continues to experience a critical need for an enhanced community policing presence in order to specifically reduce drug dealing, prostitution, and street crimes in the target area; and WHEREAS, the CRA and the CITY entered into an Interlocal Agreement during the Fiscal Year 2009/2010 in order to provide for the CRA's financial contribution to an additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA has funded two police officers for Fiscal Year 2009/2010 and wants to continue the use of TIF funds to fund the program; and WHEREAS, the CRA and the CITY want to enter into another Interlocal Agreement during the Fiscal Year 2010/2011, outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. The term of this Interlocal Agreement will be October 1, 2010 through September 30, 2011. Item # 12 Attachment number 2 Page 2 of 6 Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361(1), Florida Statutes, be used to provide a more visible community policing presence within the East Gateway neighborhood. Section 3. Responsibilities of the CRA Function: A. Provide TIF funding in the total amount of $140,422.36 for the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the community policing presence, to be allocated in the following manner: B. $138,742.36 to pay for the salaries, and benefits for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary and benefits. C. $1,680, the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the East Gateway Area. Section 4. Responsibilities of the CITY Scope of Duties. The services that the CITY will provide will be carried out the CPD. These services are: A) Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal: Reduce drug dealing, prostitution, and street crimes. 1. Objective 1: Remove identified dealers and career criminals from the area. Tasks: a) Identify the drug dealers and gang members in the area b) Gather intelligence information utilizing undercover techniques and surveillance equipment. C) Develop confidential informants to assist in furthering criminal investigations of the "worst of the worst" offenders. Outcome Measures: 2 Item # 12 Attachment number 2 Page 3 of 6 a) Develop two (2) confidential informants in the target area. b) Increase by 25% the number of criminal charges filed against drug dealers in the target area. C) Increase by 25% the number of FIR's/Reports identifying suspected gang members in the target area. 2. Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks: a) Conduct reverse prostitution "stings" utilizing police officers as decoys. b) Utilize directed patrol to discourage prostitutes and "Johns" from frequenting the area. C) Impound vehicles of "Johns) who are arrested for soliciting prostitutes or police decoys in the area. d) Coordinate with the City's Community Response Team to enhance code enforcement in the target area relative to properties that are in disrepair and negatively impact the quality of life in the East Gateway. Outcome measures: a) Conduct minimum of three (3) reverse sting operations annually. b) Conduct quarterly inspections in conjunction with Community Response Team of properties that are in disrepair and negatively impact the quality of life in the East Gateway. 3. Objective 3: Reduce crimes committed by and against homeless individuals in the target area. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals. b) Enforce "Rules of Conduct" as set forth by the Clearwater Homeless Intervention Project (including prohibitions against panhandling, public drinking, public urination, loitering, etc.) Outcome Measures: a) Increase arrests and citations for violations of criminal law or ordinances by 25% over a five-year period. b) Increase trespass warnings within the East Gateway area by 25% over a five-year period. 3 Item # 12 Attachment number 2 Page 4 of 6 B) In order to carry out the Law Enforcement Strategy above, the CDP will provide the following: 1. Two (2) fully equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of eight (8) hours per day, five (5) days per week. 2. Specific duties, activities, and responsibilities: a) The officers will be assigned to a Community Policing Team with geographical responsibility for the East Gateway. b) The Team assignment will always ensure coverage by two (2) officers. C) Schedules of the officers will vary, but coverage will be predominately during evening hours. d) Officers will patrol by both vehicles and bicycles. e) A report of police activities and statistical information will be provided to the CRA on a scheduled basis. f) The officers selected will be experienced, current member of the CPD. 3. An existing, fully-equipped Crown Victoria Police Car. C) All CRA funds pursuant to this agreement will be kept in the CPD's departmental account. D) No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the CRA area or for equipment used outside the CRA area. E) Other administrative duties as mutually agreed. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand- delivered or mailed as follows: Chairperson, Board of Trustees Community Redevelopment Agency 112 South Osceola Avenue Clearwater, Florida 33756 City of Clearwater Attn: Rod Irwin, Asst City Mgr. for Econ. Development 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4040 4 Item # 12 Attachment number 2 Page 5 of 6 Section 6. Entire Agreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the 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, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 9. Filing Effective Date. As required by Section 163.01(11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: Frank Hibbard, Chairperson ATTEST: By: Rosemarie Call, City Clerk Item # 12 Attachment number 2 Page 6 of 6 Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney Bv: William B. Horne II City Manager Attest: Rosemarie Call City Clerk 6 Item # 12 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract in the amount of $599,928.00 with the Pinellas County Sheriff's Office, Largo, Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one-year contract period commencing October 1, 2010 through September 30, 2011, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began an annual contractual agreement for services in January 1994. The agreement covers latent fingerprint examination, property/evidence storage, crime scene processing services and security costs for the Pinellas Juvenile Assessment Center (PJAC). The total cost of the proposed Fiscal Year 2010/2011 agreement is $599,928.00 reflecting a 3% increase in cost from the 2009/2010 contract for services primarily due to an increased cost to the employee's pension (State of Florida) plan, and the increased workload from CPD criminal cases for the Fingerprint Services. The proposed contractual agreement reflects the following breakout of costs: (1) Fingerprint Services - $96,418.00; (2) Forensic Science Services (Crime Scene Processing) - $328,878.00 (1,800 calls @ $182.71 per call), requests for services in excess of 1,800 calls will be invoiced monthly at a rate of $182.71 per call. However, any funds from unused calls for service from Fiscal Year 2010/2011 shall be applied toward the following year's contractual agreement; (3) Evidence and Property Service and Storage - $116,000 (inclusive of personnel and storage costs). Beginning in Fiscal Year 2008/2009, PCSO began charging all Pinellas County law enforcement agencies their respective share of the cost of providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater's share is $58,632.00 based on the number of juvenile bookings, totaling 698, made by CPD into PJAC, reflecting a cost of $84.00 per juvenile. Billing for requests for service in excess of the 698 bookings during the term of this contract shall be invoiced at the rate of $84.00 per booking. Any funds not expended in Fiscal Year 2010/2011, because the number of juveniles booked is less than 698, will be carried over to next year's agreement. Funding for this contractual agreement is available in the Police Department's Fiscal Year 2010/2011 operating budget. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $599,928.00 Not to Exceed: For Fiscal Year: 2010 to 2011 Appropriation Code Amount 0010011455303005210000000 $599,928.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 10 AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY"), and JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; WHEREAS, the CITY desires to contract with the SHERIFF for the provision of security at the Juvenile Assessment Center; and WHEREAS, both the CITY and the SHERIFF believe the provision of such services as hereinafter described is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: Item # 13 Attachment number 1 Page 2 of 10 1. LATENT PRINT SERVICES A. The SHERIFF shall provide to the CITY latent print examination and analysis services. B. Latent Print Examiners who perform these services shall be appropriately trained and qualified to examine latent fingerprints and to identify same. C. Said Examiners shall be members of the Pinellas County Sheriff's Office and shall be subject to the direction and all rules and regulations of the SHERIFF. D. Said Examiners shall be on duty to perform fingerprint examinations for the CITY eight (8) hours per day, five (5) days per week and shall as a part of their duties: 1. Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason to have their fingerprints in a premise or on an object. 2. Evaluate the quality of latent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY that cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint identification. E. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall devote the necessary available personnel to perform the work. F. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners provided for herein. Said liaison shall: 2 Item # 13 Attachment number 1 Page 3 of 10 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed latent fingerprint request forms showing the results of such examination or comparison. 5. Serve as the SHERIFF's contact with the CITY in all day-to-day matters relating to the examination of latent fingerprints pursuant to this Agreement. G. The CITY shall pay to the SHERIFF the sum of NINETY-SIX THOUSAND FOUR HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($96,418.00) for the latent fingerprint services to be rendered pursuant to this Agreement. 2. FORENSIC SCIENCE SERVICES A. The SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Services to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY but will be facilitated by SHERIFF. B. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. 3 Item # 13 Attachment number 1 Page 4 of 10 C. The CITY shall pay to the SHERIFF the sum of ONE HUNDRED EIGHTY-TWO DOLLARS AND SEVENTY ONE CENTS ($182.71) for each crime scene processed by the SHERIFF for 1,800 calls for service during the period of this Agreement. For all requests for service in excess of 1,800 calls for service during the period of this Agreement, the CITY shall pay to the SHERIFF the sum of ONE HUNDRED EIGHTY-TWO DOLLARS AND SEVENTY-ONE CENTS ($182.71) for each crime scene processed pursuant to this Agreement. D. The CITY shall pay to the SHERIFF the sum of THREE HUNDRED TWENTY-EIGHT THOUSAND EIGHT HUNDRED SEVENTY-EIGHT DOLLARS AND NO CENTS ($328,878.00) for the 1,800 calls for service for the period of this Agreement. E. Billing for requests for service in excess of 1,800 calls during the period of this Agreement shall be invoiced monthly at the rate of ONE HUNDRED EIGHTY-TWO DOLLARS AND SEVENTY-ONE CENTS ($182.71) per call. F. Any funds from unused calls for service from FY 2010-2011 shall be applied towards next year's Agreement. G. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY Police Department for documentation purposes and which requires some reportable action by a SHERIFF's Forensic Science Specialist. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number that results in a request for services being deemed a call for services. 4 Item # 13 Attachment number 1 Page 5 of 10 3. EVIDENCE AND PROPERTY SERVICE AND STORAGE A. During the term of this Agreement, the SHERIFF agrees to provide to the CITY storage, release and disposition of all seized evidence, found property and property being held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non- evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall be maintained by the Pinellas County Medical Examiner's Office. B. The SHERIFF shall also transport drug items to and from the County lab as determined by the CITY Police Department. The SHERIFF shall be responsible for transporting all items of property or evidence as aforesaid from the CITY Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY Police Department to transport such items to the SHERIFF's Evidence and Property Storage Facility. C. The SHERIFF shall store and maintain chain of custody of all evidence and other property in accordance with current general orders and SOPS. D. All evidence and other property seized, found or held for safekeeping by the SHERIFF for the CITY Police Department shall be disposed of in accordance with Florida law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from 5 Item # 13 Attachment number 1 Page 6 of 10 retaining any of its evidence or other property as part of the CITY's inventory of property or donated by the CITY to a qualified non-profit organization in accordance with Florida law. E. The CITY shall pay to the SHERIFF the sum of ONE HUNDRED SIXTEEN THOUSAND DOLLARS AND NO CENTS ($116,000.00) for the property and evidence service and storage. This cost is inclusive of personnel and storage costs. Should the CITY submit more than 10,000 items during the term of this Agreement, the CITY will be billed and agrees to pay ELEVEN DOLLARS AND SIXTY CENTS ($11.60) per item. Any funds not expended in FY 2010-2011 because the number of items submitted is less than the anticipated number shall be applied towards next year's Agreement. 4. PINELLAS JUVENILE ASSESSMENT CENTER (PJAC) A. The SHERIFF and the CITY agree that PJAC is a collaborative effort among the various Pinellas County entities for the centralized and efficient processing of juveniles taken into custody by law enforcement officers countywide. The Pinellas County Sheriff's Office has voluntarily been providing PJAC security services at its own expense for many years without seeking contribution from other Pinellas County law enforcement agencies. The parties agree that fiscal constraints prohibit the continuation of this practice on the part of the SHERIFF. B. The SHERIFF and the CITY further agree that for the term of this Agreement that the CITY shall pay for its share of the cost of security based upon the number of juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of 698 juveniles for the term of this Agreement, at a cost of FIFTY-EIGHT THOUSAND SIX 6 Item # 13 Attachment number 1 Page 7 of 10 HUNDRED THIRTY-TWO DOLLARS AND NO CENTS ($58,632.00) reflecting a cost of EIGHTY-FOUR DOLLARS AND NO CENTS ($84.00) per booking. C. Billing for requests for service in excess of the 698 bookings during the term of this Agreement shall be invoiced at the rate of EIGHTY-FOUR DOLLARS AND NO CENTS ($84.00) per booking. D. Any funds not expended in FY 2010-2011 because the number of juveniles booked is less than the anticipated 698 shall be applied towards next year's Agreement. 5. TOTAL COMPENSATION The CITY agrees to pay to the SHERIFF, on October 1, 2010, the sum of FIVE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED TWENTY-EIGHT DOLLARS AND NO CENTS ($599,928.00) which reflects the total sum due for all services to be rendered during the term of this Agreement. 6. CONTACT PERSONS The SHERIFF agrees to use best efforts and necessary resources available to the SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively. FOR THE CITY Anthony Holloway, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 FOR THE SHERIFF Director James Labonte P. O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6410 7 Item # 13 Attachment number 1 Page 8 of 10 7. TERMINATION Either party may terminate this Agreement without penalty upon providing notice of such cancellation in writing thirty (30) days in advance of the date of termination. Upon such termination, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service or property storage at the rate provided herein and shall refund the remainder to the CITY. 8. COMPLETE AGREEMENT This Agreement constitutes the full and complete understanding of the parties. 9. MODIFICATION This Agreement may be modified or amended only by a document in writing signed by the parties hereto. 10. ASSIGNMENT Neither party shall assign any obligations or responsibilities under this Agreement to any third party. 11. INDEMNIFICATION Each party shall be liable for the negligent acts or omissions of its own employees in the performance of this Agreement. Nothing contained herein shall be construed to limit or modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the indemnification provided herein. 8 Item # 13 Attachment number 1 Page 9 of 10 12. TERM OF AGREEMENT This Agreement shall be for a period of one (1) year commencing October 1, 2010, and concluding September 30, 2011. The parties agree that where the Agreement is not terminated as provided for above, the terms of this Agreement shall automatically continue for 120 days beyond September 30, 2011, in the event a replacement contract has not yet been completely executed. The CITY shall pay to the SHERIFF the same sum as is due for this Agreement on October 1, 2010, and the parties agree that an increase in the annual cost of service, if any, shall be retroactively applied for services rendered from October 1, 2011, through the duration of the replacement contract, and shall be paid by the CITY to the SHERIFF immediately for the services already provided, less any credits from this Agreement as provided herein. Remainder of page intentionally left blank. 9 Item # 13 Attachment number 1 Page 10 of 10 IN WITNESS WHEREOF the parties to this Agreement have caused the same to be signed by their duly authorized representatives this day of 2010. Countersigned: CITY OF CLEARWATER, FLORIDA Mayor-Commissioner Approved as to form: Assistant City Attorney Approved as to form: Deputy General Counsel City Manager Attest: City Clerk SHERIFF OF PINELLAS COUNTY, FLORIDA Jim Coats, Sheriff 10 Item # 13 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement between the City of Clearwater and the School Board of Pinellas County, Florida providing for the continuation of the School Resource Officer program at Clearwater High School, Countryside High School and Oak Grove Middle School for a one- year period commencing July 1 2010 through June 30, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: Under the terms of the one-year agreement between the School Board of Pinellas County and the City of Clearwater, the City will provide law enforcement and related services to Clearwater High School, Countryside High School and Oak Grove Middle School during the regular school year. The assigned officers (1 per school) will provide instruction in law education, serve as resource persons, conduct investigations, provide security and maintain the peace, make arrests and provide support services as necessary. The annual cost of salaries and benefits of three (3) officers over the one-year period will be $275,041. Total annual reimbursement from the School Board will remain at $49,011.50 for each officer, for a total reimbursement of $147,034.50, reflecting no revenue increase to the City for SRO services during the 2010/2011 contract period. The difference of $128,007.00 will be funded from Special Law Enforcement Trust Fund (SLEF) proceeds. At Third Quarter, special project 181-99264, School Resource Officers, will be amended to reflect the 2010/2011 funding. The cost incurred by the Police Department is offset by the benefit of the program to the community and the Police Department. All procedural components of the contract remain the same as those outlined in the 2009/2010 contract. The continuation of the School Resource Officer Program beyond Fiscal Year 2010/2011 is dependent upon SRO program funding being included in future budgets. The Police Department has maintained a good working relationship with the School Board. School Resource Officers have been assigned to Clearwater High School since January 1, 1985, Countryside High School since January 1, 1986 and Oak Grove Middle School since August 27, 2007. Note - Contract from the School Board was received recently. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes At Third Quarter, $128,007 in Fines, Forfeitures; Penalties revenue will be transferred from Special Program Project 181-99356, Safe Neighborhood Program to Special Program Project 181-99264, School Resource Officers, to provide the necessary funding. Current Year Cost: $128,007.00 Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Appropriation Code Amount Appropriation Comment 181-99264 $128,007.00 Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Item 14 Attachment number 1 Page 1 of 8 C ?-: ,.,may `4?[[ ,, '?ME?D-A-S COL a E it f "r:, P.D. forth ,i F NESSETH: A ;ol1"__ mil' Thp City c. ?. I ar _.3 - _'r)Is of Pine' s C, he o. D. r ,y _ for geed ar valuable cor®..-E- itiony tl of the , , igree z ARTICLE . The ' T + i of lea )ter P.D. and " "' )s are ;--, s_ye. r -h )ne r ! _. i it r ai- -1 . 10C C" ?Y r r ^onsultation SRC o t:. e s..,on ie -r. ` 4o t wdrti Item # 14 Attachment number 1 Page 2 of 8 ?. r}_ it t0 - tr it- ti . . , " , . ti tan ti ray nts anc ` r nc able plan oont ith the of the _ re the desire and ability to work 5. must be ®. I w Enfc°c Ament Z " r. . ?cy et 1 Ina er rtt i Schocl 7chool , he .: r prior to e rti I he -' wring the perio_ of a law enforc€ Y c d(' 1 C. ief. 1). If i caeca fnr ft .l s {J 7d an nd':J, nd provi,,`." If it is r - c r r CIE D. '- e of Reso. ._ Officers. V,, Aisle on duty, t®H. _ 1 -e following d u..- 1. - ?:- n v, inclur!ir: a? V( A( d =d to spe< 2. w .ur ,-rson in the area -r-rc®?.; d . the - 3. ft T- t it L 0, -T 2 Item # 14 Attachment number 1 Page 3 of 8 u ) exer®, 3e discr. ion an,' t I Jc ap P i .tlFr ,,aI c '' or ,ssigned s , .3o ,)l 5. Make ast F ?rr+ r®fnrrn'o, r i I lave w'ola+,rs 6. Appear a` deb r Ia. ' • z ` the _is Go ar, o (J),-0... w : ic„ity (JA ), and c. 6, o, - r -cy Medical Serra e e. 9. _h, r is via te4 r r ., and 10, a and (-valuate secut ity i the 11. , 11 admini t";tors, f c; i,; a ° c , c-based ?c. n1 j to rr n , z. t --)cords, includi i rer -5 'fade at the s he r , :corded by vi ,- xl confidential 20 U. . . _ sl_ ing. 13. , proper' reported lost and/o- -' 7t the RO's school. 14. , 1,- 1 ?r 's to students as r°- ° 15. , e and,. ° evidence. 16. al--of Board x perty through working with other polic^ 17, , social agencies. 3 Item # 14 Attachment number 1 Page 4 of 8 16. Relay rr 'such 4 1 Q Prr),-aide sp"!, wIti ,, 9 p" _ A. late ine i of hu 21. 22. , other(' t 3 as mutual, he l i are lc ;t , and soil n, ocedures of r confos School Board Folic h _h .1 2, not co ? A, 'subs pr+ .,,- e a Their dutta review o 2. TI + r .e Department will s 7 - rt to provide input or vided t I.D. The lea: ,,, k D. shall su: t 7 ?' I eporting 'C j ussp-, - log, con-tent with accept" i vv a t" U1 o I nt 3B I& i Pt: i anI . it lavers. 4 Item # 14 Attachment number 1 Page 5 of 8 The SF f the w the I' 1 servio ?- U1 vi a 201- C- it It s 'd oC( r ?! 111 Co" cif C E, V. --1y by formal b, e ® J 1/1, Transfer ' PP ?: I wE 't foil ? c,ce<, ?re?z r it ? ? j d a 4 I t;un(;4 "a with itte e .. i B. ml,- has beer. c ° fc: and ccncerr , tl Vlll O be' rom the s P _ )f me wa it 9, will C -j m cist betwe_:i ti Item # 14 Attachment number 1 Page 6 of 8 4 _ r_ n as ec as ai i m u eV iota;, ' Q ! C IP r able a ..s° °. L:" _':ne, l . and C rplacem l? ARTICLE !I. Term The term of tl.. it shall be for 1 yeE b Inn on 30, 2011. l _ nd allied by -r coach school to `ovip `_) 4 n IF9 ,ed, the area to the performs A. ?. x jich is r a ,r-t®` t}u , ! on r m onc - j to schc -l l e'r ('A L' r , A location ?for fil cords which can ' °c y 1 C. V. it°g°' draYYe':, a chair, work to Miry V6kV-,., F41 a lld$y ems. i,d h, p I I as (e. . enc > rl_ r ° L', ( ` a nr and th r3oard. ARTICLE IX. T-, T ?. _e termir._ ted by eitfv < + ? r notice that t c f s lly t -f c in 6 Item # 14 Attachment number 1 Page 7 of 8 C -J.., C A it ART I N _ 1 -t1 A .??L .. . C fined in F.S. §111.1 V or the -'n--r tr - y_ .. ?. find the ar r P ter P.D. ?. his nt may _ assfgne w_? the M n.. consent of Eoard. cttion c pa - y an- - - µ .... 1 4vc A ev ae_, or cc L.m C. w J? 0 rr}- t x 4 A ..d LL 9 4 l nC f n l iereto in Writ:-' w f 7r rater P. { i. xf Polk C'-a ter e C c_ 1 1 ®! W6 a A.,, {p ?. 9{ ,91 i,AF?",(.,ii .. J vm'nl. f ..e ..a?.... .. . .. Schools Police Pig f ? 1 ! '1d a' Lart Lark, T rr C],' ?m icc6 e a a ri `c`r f' on1,F re t. 7 Item # 14 Attachment number 1 Page 8 of 8 ® T' c.-. all be i :a DistricI - l eedings c _ I r I C A tit, or otherwise de. Y e , irld Faroe '1 ( 1 C < ` c Win. Attest: Print; Ex- C?tiE Print: Print- cit., Ap , . Sign:, 4. r° unc , --- (' -. 1 - ;hook City Clerk City Attorney 8 Item # 14 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $289,687.00 to Pat's Pump and Blower of Orlando, FL for one 2010 Freightliner M2 chassis with 15 cubic yard Aquatech Sewer/Catch Basin Cleaner in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: This Sewer Cleaner truck was approved in the 2009/2010 Budget as an additional unit. This truck is needed to maintain the additional pollution control boxes in the downtown and beach areas. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: None to Appropriation Code 316-96172 Amount $289,687.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment L/P CIP None None Bid Required?: No Bid Number: City of Ft. Lauderdale Bid Other Bid / Contract: #592-10339 Bid Exceptions: None dated 11/06/2009 Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 15 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a Contract (Blanket Purchase Order) for $550,000 to Harris Corporation of Lynchburg, VA for the Quarterly Payments during the period of October 1, 2010 through September 30, 2012 toward the 20-Year Maintenance Agreement for the City's radio system approved by Council on June 20, 2002 and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract provides for maintenance of the Clearwater Radio System plus the two towers and facilities. The Quarterly payments are made per the 20-year contract approved by Council in 2002. This BPO covers the 9th and 10th year of the contract. Any revenue due to the City from leased space on the two towers since the contract went into effect is deducted from the payment. The Harris Corporation purchased M/A-COM Systems late last year and assumed responsibility for all contracts. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 566-06620-530100-519-000 $187,557 $550,000 10/1/2009 to 9/30/2010 Amount $550,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment BPO None Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Approval: Manager 9) Clerk Cover Memo Item # 16 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve agreements, for the period October 1, 2010 to September 30, 2013, with Citation Management, Milwaukee, WI, for parking violation processing services at a cost of $2.58 per citation processed and for collection agency services at a fee of 23% of total delinquent fines collected and authorize the appropriate officials to execute same. (consent) SUMMARY: The current agreements with Citation Management for parking violation processing services and collection agency services expire on September 30, 2010. Five firms, specializing in these services, responded to RFP 11-10. All five firms submitted written proposals and made presentations to the selection committee. The selection committee was comprised of representatives from Finance, Internal Audit, Information Technology (IT) and the Parking System. Citation Management was ranked the top firm based on the following selection criteria: experience and qualifications, project approach, financial stability/references, customer service approach, hardware/software and fees. The processing agreement is based on an all-inclusive fee of $2.58 per citation issued. This is a 21% reduction from the current price of $3.27 per citation. Approximately 40,000 citations are issued annually at an estimated cost of $103,200. The terms of the parking violation processing services agreement include: all hardware/software for noticing and coordination with the State Division of Motor Vehicles for registration holds, court scheduling and reporting, toll free customer service call center, payment options, including a 24-hour Interactive voice response phone system for credit card payments, web payments, mail and drop box. Enhancements in the new agreement include color photos integrated into the handheld issuing device. All images will now be available to the customer on the web site, which will help with the number of disputes and cases brought to court. Citations that are unpaid after 90 days are forwarded to the delinquent services division of Citation Management for collection efforts. Citation Management receives 23% of the funds they collect, a reduction from the current agreement amount of 28%. It is estimated they will receive $30,000 annually for these services. This is a 3-year agreement with two one-year renewal options, upon the written mutual agreement of both parties. The parking violation processing fee of $2.58 is for years one and two; year three allows for a CPI increase, if applicable. The collection agency services fee will be 23% for all three years. Current average annual gross parking fine revenue is $900,000 with $5 for every citation collected, or an estimated$160,000, directed to the School Crossing Guard Program. Funding for this agreement is included in the 2010/11 City Manager's Recommended Parking Fund Operating Budget Contractual Services in cost center 0435-01334, Parking Enforcement. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: Budget Adjustment: N/A Annual Operating Cost: Total Cost: No $133,200 $399,600 Cover Memo Item # 17 For Fiscal Year: 10/1/10 to 9/30/13 Appropriation Code Amount Appropriation Comment 435-01334-530300-545-000 133,200 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Approval: Manager 9) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 7 AGREEMENT FOR PROCESSING PARKING CITATIONS This Service Agreement is made by and between Citation Management, a division of Professional Account Management LLC, a Duncan Solutions Company, 633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI 53203, hereinafter referred to as "Contractor" and The City of CLEARWATER, FL, a municipal corporation existing under the laws of the State of Florida, P. O. Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "Agency" and entered into this day of 2010. The parties intend by this Agreement to provide for the processing of fines, penalties, and forfeiture thereof, in connection with the issuance of citations for parking violations, and the collection of delinquent parking fines and penalties pursuant to the code of ordinances of the City of Clearwater and Florida State Statutes. In the furtherance of this purpose, the parties do hereby agree to the following terms and conditions, specified herein as defined in the Request For Proposal (#11-10), Addenda (Questions and Answers) to the RFP #11-10, Duncan's response to the RFP #11-10 dated May 4, 2010 and Duncan's letter dated 3uly 8, 2010. ARTICLE I - PROCESSING 1.1 REFERRAL AND RECONCILIATION Contractor shall receive and process parking citations, which the Agency mails or delivers to the Contractor. The Agency shall deliver, mail, or transmit all parking citations issued daily. The Contractor will make three (3) drop box pickups of parking citations each week at one (1) location to be determined within the City of Clearwater. The Contractor will provide a local bonded courier service to empty and secure the contents of the drop box and have delivered to the Contractor overnight. Contractor will provide a daily reconciliation of the number of citations delivered by the Agency. 1.2 COMPUTER PROGRAMS AND HARDWARE Contractor will provide all the computer programs, written procedures and other supporting items used in carrying out the purpose of this Agreement. The Contractor shall provide the Agency with the Model Series X3LCI AutoCITE Handheld Computers. The Contractor shall be responsible for the warranty and maintenance of all the hardware and software including the AutoCITEs and other computer equipment listed on Exhibit A. The Agency is responsible for any damage, loss, and/or theft of any/all computer hardware, software, and/or equipment used by the Agency at the Agency location. 1.3 BASE PROCESSING Citations issued by the Agency (AutoCITE or manual) will be entered onto the Contractor's Service Center Computer System and cleared upon payment or other disposition. Requests for Registered Owner information will be sent to the appropriate Departments of Motor Vehicles (DMV). The Notice of Illegal Parking (NOI) will be generated to the Registered Owner and the penalty or fine amount requested. Return payments will be made directly to the Contractor. DMV registration holds will be placed on vehicles having unpaid parking fines and fees due against those vehicles according with the Florida Vehicle Code and other applicable state and local laws. The Contractor will be responsible for any and all Court, State, and DMV charges for the hold placement. DMV holds shall be removed through DMV when the registered owner satisfies the entire amount of parking citation fines, fees, and penalties due against the vehicle. Once the citations have been entered into the system, it will be the Contractor's responsibility to complete all the processing required by the Agreement, even after the termination of the Agreement. 1.4 NOTICE GENERATIONS AND MAILING The Notice of Illegal Parking (NOI) will be generated by Contractor and mailed by the Contractor to the Registered Owner requesting the penalty and/or fine amount due. Postage for the notices will be paid by the Contractor. Return payments will be made payable to the Agency and mailed directly to the Contractor. The Contractor will complete all collections and banking activity. 1.5 SUSPENSION OF PROCESSING Contractor shall suspend processing any citation referred to it for processing upon written notice to do so by the Agency. Contractor shall maintain records indicating any suspension of a citation as a result of Agency's request. Contractor shall be paid the contractual rate hereinafter provided for processing these suspended citations. 1.6 COMPUTER SYSTEM Contractor will provide Agency with Internet inquiry capability at the Agency location for inquiry into the system for retrieval of parking citation information. This capability will be in the form of five (5) concurrent user licenses installed at the Agency location. The Agency will be responsible for all connection and/or line costs. 1.7 CONTESTED CITATIONS In the event a registered vehicle owner disputes the liability for the outstanding parking citation, the Contractor shall advise the registered vehicle owner of his/her right to request a court appearance, or an administrative review or hearing by the Agency. 1.8 CITATIONS DISPOSED OF BY REVIEW HEARING OR COURT The Contractor, as a result of an administrative review or hearing, or court action, may be required to reduce, cancel or void, on an individual basis, parking citations, which have been referred to it. Contractor shall be paid the contractual rate hereinafter provided for processing the citation Item # 17 Attachment number 1 Page 2 of 7 regardless of the outcome of such action. Contractor shall maintain records indicating any reduction or cancellations of parking citations as a result of such action. 1.9 SERVICE OPTIONS Agency shall receive, and pay for services as outlined in Attachment "A" (Schedule of Fees) 1.10 OUT-OF-STATE CITATIONS FOLLOW-UP COLLECTIONS Parking citations issued on out-of-state registered vehicles will be entered onto the system the same as in-state citations. If they become delinquent (as specified in Attachment A) a collection follow-up process will be completed by the Contractor. Requests for registered owner information will be sent to the appropriate state agency and delinquent notices will be mailed. The fine and penalty amounts will be requested from the registered owner and instructions issued for payment to be to the Contractor. The fee for this follow-up collection service is listed on Attachment °A". 1.11 COLLECTION AND DEPOSIT OF FUNDS At the direction of the Agency, the Contractor shall collect and deposit monies received for the payment of parking citation fines and fees into the Agency's parking fine processing bank account at a financial institution designated by the Agency. The Agency will be responsible for all costs related to the Agency's parking fine processing bank account. Contractor will receive payments from vehicle owners through the mail and will provide and maintain at it's expense a Post Office Box for receipt of parking citation payments at a Post Office of the Contractor's choice local to the Contractors designated Payment Processing Center. 1.12 IVR PAYMENTS Contractor shall provide the public with the ability to pay parking citations using an accepted credit card via the Contractor provided Interactive Voice Response system. The cost for this service, including credit card discount fees, will be recovered by the Contractor in the form of a convenience fee assessed to the violator for each such credit card payment. This service will allow citizens to pay multiple citations with one transaction and incur a single convenience fee. Funds received from credit card payments made via the Contractor's IVR system will be deposited to a Merchant Services Account maintained by the Contractor at the Contractor's expense. The balance of the Merchant Services account will be transferred to a bank account designated by the City on a weekly basis. 1.13 INTERNET PAYMENTS At the option of the Agency, the Contractor shall provide the public with the ability to pay parking citations using an accepted credit card via the Contractor provided Internet payment site. The costs for this service, including credit card discount fees, will be recovered by the Contractor in the form of a convenience fee assessed to the violator for each such credit card payment. This service will allow citizens to pay multiple citations with one transaction and incur a single convenience fee. Funds received from credit card payments made via the Contractor's Internet system will be deposited to a Merchant Services Account maintained by the Contractor at the Contractor's expense. The balance of the Merchant Services account will be transferred to a bank account designated by the City on a weekly basis. ARTICLE II - GENERAL 2.1 PUBLIC INQUIRIES The Contractor will process telephone calls, and correspondence. Explanations of the process for contesting violations, including the judicial appeal of the administrative review, hearing, or court appearance that may come to the attention of the Contractor, will be handled by the Contractor with the guidelines set forth in the Vehicle Code and the Agency. The Contractor, under strict guidelines of the Agency or Court, will schedule Court and/or Agency Hearings and Administrative Reviews where applicable. 2.2 CONTRACTOR LIMITATIONS Contractor may not do any of the following, without Agency's prior approval, in writing: (a) Take any legal action; (b) Threaten any legal action; or (c) Make any communication, oral or written, regarding potential legal action. (d) Disclose any information regarding driving records or registration information which is in violation of the provisions of the laws of the State of Florida. 2.3 USE OF APPROVED FORMS All forms, delinquency notices, and correspondence sent by the Contractor must conform to State and local law and Agency procedures, and be approved by the Agency. 2.4 TAXES AND FEES The Contractor will meet any Agency requirements for a Business License, Local or State Sales or Use Taxes, but the cost of such license, state or local taxes, or any other recurring fees will be the responsibility of the department operating our systems. The Contractor will pay these taxes or fees when required. ARTICLE III - COMPENSATION The Agency shall compensate the Contractor for services according to the Schedule of Fees attached hereto as Attachment "A" and the terms of this Article III. Item # 17 Attachment number 1 Page 3 of 7 3.1 PROCESSING SERVICES For performance of the processing services described in Article I, the Agency will pay the Contractor the rate set forth on the Schedule of Fees, Attachment A, for each parking citation entered and processed by the Contractor, regardless of the ultimate disposition or processability of such citation. No extra processing charge shall be made for a citation determined to be unprocessable pursuant to paragraph 1.1 and subsequently corrected and re- entered into the database. Delinquent In-State and Out-of-State Collection Services, Special Collection Processing Services and any other follow-up services are in addition to regular processing as described in the Schedule of Fees. The contingency fees are only for delinquent In-State and Out-of-State Collection Services, delinquent Special Collection Processing Services and/or any other delinquent follow-up services, are not for citations in those categories which are paid prior to referral for Collection Services. 3.2 BILLING AND PAYMENT PROCEDURES Contractor shall provide the Agency on a monthly basis with a statement and fee analysis that accurately reflects the fees earned during the preceding period. Contractor will invoice the Agency on a monthly basis and the Agency will issue payment via a check or electronic payment to the Contractor. Payment terms will be net 20 days from invoice date. A 1.5% service charge per month will be assessed on any balance 60 days or greater in age. The Agency shall either approve or reject the statement and fee analysis. If these documents are rejected by the Agency, Contractor will be notified, and both parties shall use their best efforts to resolve the disputed items. 3.3 CONSUMER PRICE INDEX ADJUSTMENTS The Contractor will be entitled to a cost of living adjustment to take effect on the first day of contract year three (3) of this Agreement and each annual renewal period thereafter based on the United States Department of Labor, Consumer Price Index, All Items, Unadjusted, Urban Areas (CPI-U) for the previous twelve (12) month period ending March 31St. Contractor must notify the Agency in writing prior to April 30th with the new per ticket fee and the inflationary rate used to determine the new fee structure. ARTICLE IV - TERM OF AGREEMENT 4.1 PERIOD OF PERFORMANCE The Period of Performance under this Agreement shall be for three (3) years and shall commence upon the approval as attested by the signing by the Agency and the Contractor. 4.2 RENEWAL The term of the Agreement may then be automatically renewed annually for additional two (2) one (1) year periods at the Agency's option with the written mutual agreement of both parties, after the initial three (3) year period. 4.3 PRICE INCREASES The Contractor may request other price increases, thirty (30) days prior to date of the Agreement. Any increase in price for this Agreement, excepting CPI in paragraph 3.3, shall require prior written approval by the Agency. 4.4 TERMINATION This Agreement may be terminated in writing, without cause, by either party upon one-hundred twenty (120) days written notice to the other party, from the date of execution of the Agreement. This Agreement may be terminated upon the failure of either party hereto to fulfill any of its obligations under this Agreement provided that the party aggrieved by such default has given to the other party written notice of such default and, for a period of sixty (60) days from the date of such notice, and the defaulting party has failed or refused to remedy such default. 4.5 COMPENSATION Upon termination of this Agreement, Contractor shall be compensated for parking citations processed through the date of termination of the Agreement. 4.6 APPROPRIATION CLAUSE This Agreement shall be subject to the availability of an appropriation by the City of Clearwater in each fiscal year; provided, however, that (i) the City of Clearwater and agrees to use its reasonable best efforts to obtain such appropriation in its budget, and (ii) that in the event the City of Clearwater fails to obtain an appropriation for the services described herein, the City of Clearwater covenants and agrees that it will not permit any other person or entity to provide the same or similar services. ARTICLE V - CONFIDENTIALITY 5.1 MATERIALS CONFIDENTIAL All reports, information, data files and tapes furnished or prepared by the Contractor, its sub- contractors, successors or assigns (to the extent hereinafter allowed) for the purpose of transmittal to the Agency pursuant to this Agreement are confidential. 5.2 CONSENT REQUIRED FOR DISCLOSURE No report, information, data files, or tapes furnished or prepared by the Contractor or its sub-contractors, successors or assigns, shall be made available to any individual or organization without the prior written approval of the Agency, other than individuals or organizations who are reasonably necessary to effectuate the terms and conditions of this Agreement or as required by State law. Item # 17 Attachment number 1 Page 4 of 7 ARTICLE VI - CLAIMS AND ACTIONS ARTICLE VII - SUB-CONTRACTING AND ASSIGNMENTS 6.1 REASONABLE ASSISTANCE OF CONTRACTOR In the event any claim or action is brought against the Agency relating to Contractor's performance or services rendered under this Agreement, the Contractor shall render any reasonable assistance and cooperation, which the Agency might require. 6.2 AGENCY COOPERATION In the event any claim or action is brought against the Contractor relating to the Contractor's performance of services rendered under this Agreement, the Contractor shall notify the Agency, in writing, within five (5) days, of said claim or action. Agency shall render any reasonable assistance and cooperation that the Contractor might require. 7.1 SUB-CONTRACTING Contractor is authorized to engage sub-contractors at the Contractor's expense. Contractor shall notify Agency of the name, address, and other personal information reasonably requested by agency regarding any proposed sub-contractor, within 24 hours after Contractor retains said services. If Agency disapproves of the use of such sub- contractor, Contractor shall immediately cease to use same on Agency's account. This approval by the Agency may not be unreasonably withheld. 7.2 ASSIGNMENTS This Agreement may not be assigned without the prior written consent of the Agency. 6.3 INDEMNIFICATION BY CONTRACTOR Contractor agrees to indemnify and hold Agency harmless against any and all liability, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of acts of the agents, servants, employees, successors, or assigns (to the extent hereinafter allowed) of the Contractor during the term of this Agreement. 6.4 INDEMNIFICATION BY AGENCY Agency agrees to indemnify and hold Contractor harmless against any and all liability, costs, and expenses, including attorney's fees, occasioned by claims or suits for loss or damages arising out of acts of the agents, servants, employees, successors, or assigns (to the extent hereinafter allowed) of the Agency during the term of this Agreement. Nothing herein, however, shall be construed as a waiver of any immunity from or limitation of liability Agency may be entitled to under the doctrine of sovereign immunity or section 768.28, Florida Statutes. 6.5 INSURANCE Contractor shall, at its expense, provide general public liability insurance, in an amount not less than $1,000,000.00, with the Agency named as an additional insured, and with the insurance carrier and form of policy subject to approval by the Legal Counsel of Agency. Contractor shall provide a certificate of insurance, showing the Agency, its officers and employees, as an additional insured, with a provision that the policy shall not be canceled or terminated except upon thirty (30) days prior written notice to Agency. Upon request by Agency, Contractor shall furnish the original or a copy of such insurance coverage, which shall be maintained at all times during the term of this agreement. In addition to the said liability insurance, Contractor shall provide and maintain workers' compensation insurance as required by law and shall furnish a certificate to the Agency showing such coverage in effect. ARTICLE VIII - INDEPENDENT CONTRACTOR 8.1 CONTRACTOR'S RELATIONSHIP The Contractor's relationship to the Agency in the performance of this Agreement is that of an independent Contractor. Nothing contained herein shall be deemed or construed by the parties hereto, nor any third party, as creating the relationship of principal and agent or a partnership or joint venture between the parties hereto. Personnel performing services under this Agreement shall at all times be under the Contractor's exclusive direction and control and shall be employees of the Contractor and not employees of the Agency. Contractor shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither Contractor nor any agent or employee of Contractor shall obtain any right to retirement benefits or other benefits that accrue to employees of the Agency, Contractor hereby expressly waives any claim it might have to such rights. 8.2 EQUAL OPPORTUNITY EMPLOYER Contractor is an Equal Opportunity Employer and does not discriminate in the hiring, firing, or other employment practices engaged in by it. ARTICLE IX - ENTIRE AGREEMENT 9.1 INTEGRATED AGREEMENT This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally, and no modification or any claim of waiver of any of the provisions shall be effective unless in writing and signed by both parties. Item # 17 Attachment number 1 Page 5 of 7 9.2 COMPLIANCE WITH APPLICABLE LAWS Contractor agrees to comply with all laws within the State of Florida governing the conduct of business, including but not related to laws pertaining to licenses, taxes, corporate regulations, and collection practices. 9.3 GOVERNING LAW AND VENUE Agency and Contractor agree that the law governing this Agreement shall be that of the State of Florida. Venue for any dispute pertaining to this Agreement shall lie exclusively in Pinellas County, Florida. 9.4 CONFLICTING INTERPRETATIONS Should conflict arise between this Agreement and the documents referenced in the introduction to this Agreement, the referenced documents shall govern. WHEREFORE the parties hereto have entered into the Agreement on the day and year first hereinabove written. The agreement is to be prepared in duplicate and after acceptance by the Agency; a duplicate copy shall be forwarded to the Contractor. Citation Management, a division of Professional Account Management LLC, a Duncan Solutions Company: By: Title: Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney 9.5 NOTICES TO PARTIES Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage paid, first-class, a notice addressed to the following: Contractor: Citation Management, a division of Professional Acct. Mgt. LLC, a Duncan Solutions Company 633 W. Wisconsin Ave Suite 1600 Milwaukee, WI 53203 Agency: City of Clearwater Attn: Parking Manager P. O. Box 4748 Clearwater, FL 33758 By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 17 Attachment number 1 Page 6 of 7 ATTACHMENT A SCHEDULE OF FEES The processing fee per citation for the period of this Agreement will be based on the following options: RATE PER CITATION ISSUED: $2.58 per citation issued will be the processing fee. The fee will be subject to CPI increases as described in Section 3.3 of the Agreement. Fee is applicable for parking citations generated by handheld computers and/or electronically transferred to the citation master file and for manual parking citations entered into the citation master file. The 1st Delinquent Notice and 2nd Delinquent Notice mailing and postage are included in this price. CONTRACTOR PROVIDED EQUIPMENT: The Contractor will supply hardware, software and other equipment required for the purpose of this Agreement as identified and specified as required for Request For Proposal (#11-10), Addenda (Questions and Answers) to the RFP #11-10, Duncan's response to the RFP #11-10 dated May 4, 2010 and Duncan's letter dated July 8, 2010. ADDITIONAL FEES: Should the City require the Contractor to prepare and mail other regularly scheduled Notices, such as Habitual Offender Letters, the Cost for these notices will be $0.25 per notice plus postage. IVR/INTERNET PAYMENT USER CONVENIENCE FEES The Contractor will assess and collect a convenience fee from violators who elect to pay their parking citations using the Contractor provided pay by phone (IVR) and pay by Internet options . The convenience fee will be $2.95 per transaction or 5% of the total for transactions in excess of $100. IMAGE HOSTING The Contractor will provide for the hosting of images captured by the Agency's parking enforcement officers using the Duncan AutoCITE handheld computers on a designated internet website and make those images available for citizen review MANAGEMENT DASHBOARD Contractor will provide for a web-based dashboard that will provide an up-to-date, graphical representation of key performance indicators (KPIs). These dashboard °portlets" are highly configurable, and Contractor will collaborate with the Agency to define what types of data presentations would be most useful to the City's management team. DELINQUENT OUT-OF-STATE FOLLOW-UP COLLECTION PROCESSING: The fees for Out-of-State citation follow-up collection processing shall be twenty-three percent (23%) of the revenue received on Out-of-State citations that become delinquent, and 90 days has passed since the issue date. The Contractor will require that the Agency execute a standard collection services agreement before undertaking any collection processing. DELINQUENT IN-STATE FOLLOW-UP COLLECTION PROCESSING: The fees for In-State citation follow-up collection processing shall be twenty-three percent (23%) of the revenue received on In-State citations that become delinquent, and 90 days has passed from the issue date. The Contractor will require that the Agency execute a standard collection services agreement before undertaking any collection processing. DATA CONVERSION: No data conversion is required for this contract. SYSTEM ENHANCEMENTS System enhancement or customization requests for design, development and testing of any enhancement or for any reports not included in the standard reporting suite will be billed at a rate of $150 per hour. BACKLOG CITATION PROCESSING: All original citations, accompanied by all dispositions for the same period, defined as the backlog, will be processed by Contractor at no additional charge. Item # 17 Attachment number 1 Page 7 of 7 ATTACHMENT B OPTIONAL CONTRACT PRODUCTS AND SERVICES WHEREAS, the City may desire to engage the Contractor to provide certain other products and or services that support or are otherwise related to the City's parking program. In addition to the core contract products and services stated previously, the Contractor, subject to the City's prior approval, shall provide, complete and deliver certain Optional Contract Products and Services. The City shall determine the Optional Contract Products and Services it needs to enhance the parking program. At the City's written request and/or Contract Amendment as required, and in accord with the terms herein, the Contractor shall provide such Optional Contract Products and Services. The Optional Contract Products and Services, and all related all goods, services, tasks, deliverables and work, are set forth below. I PROCEDURE At the City's written request, the Contractor shall deliver the Optional Contract Products and Services authorized by the City. The Contractor shall not provide any Optional Contract Products or Services until notified by the City to do so in writing. Upon receiving proper authorization, the Contractor shall implement the Optional Contract Products and Services in accordance with the implementation requirements set forth and mutually agreed upon by the City and the Contractor. 2 COMPENSATION SCHEDULES The City and Contractor may adopt updated compensation schedules for Optional Contract Products and Services at any time during the contract term. If the City desires any Optional Contract Products and/or Services, it may request the Contractor to submit an updated proposal of terms and costs for said services, including any underlying cost assumptions. Upon accepting the Contractor's updated terms and costs, the City shall issue a Project Task Order authorizing the Contractor to proceed with the delivery of said services. The City shall pay the Contractor for any Optional Contract Product or Service in accordance with the terms of this contract or the Project Task Order issued by the City. The Contractor shall provide the City with full documentation of any fees and expenses at the City's request. 3 OPTIONAL PRODUCTS OR SERVICES The City may engage the Contractor to deliver certain Optional Products and/or Services in accordance with its requirements as defined herein. Such Optional Products or Services may include, but are not limited to, the following: • Parking Ticket Issuance Products/Services • Parking Ticket Processing Services • Secondary Collection Services • Administrative Adjudication Services • Single Space Meters • Multi Space Meters • Meter Management Software • Self Service Kiosks • Any and all products or services that are provided by Duncan Solutions, its entities, related partnerships and or any subcontractors The City shall determine the Optional Products/Services it needs to enhance the parking violation program or other related municipal services. At any time during the course of this contract, the City may issue a written Project Task Order to the Contractor specifying the Optional Products/Services that it requires, the compensation it agrees to pay the Contractor for said services and any other terms and conditions. As necessary, the City may also request a proposal for any of the services described herein reflecting revisions in the scope and cost specified herein. Upon accepting the City's Project Task Order, the Contractor shall deliver the Optional Services requested by the City in accord with the terms therein. Item # 17 Attachment number 2 Panes 1 of COLLECTION AGENCY SERVICES AND FEE AGREEMENT This Service Agreement is made by and between Citation Management, a division of Professional Account Management LLC, a Duncan Solutions Company, 633 W. Wisconsin Avenue, Suite 1600, Milwaukee, WI 53203, hereinafter referred to as "Contractor" and The City of CLEARWATER, FL, a municipal corporation existing under the laws of the State of Florida, P. O. Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "City" and entered into this day of , 2010. The parties intend by this Agreement to provide for the collection of delinquent parking fines and penalties pursuant to the code of ordinances of the City of Clearwater and Florida State Statutes In the furtherance of this purpose, the parties do hereby agree to the following terms and conditions, specified herein as defined in the Request For Proposal (#11-10), Addenda (Questions and Answers) to the RFP #11-10, Duncan's response to the RFP #11-10 dated May 4, 2010 and Duncan's letter dated July 8, 2010. 1.3 City's Right to Legal Process. City in its sole discretion shall decide whether to pursue the collection of a Debt through the legal process, which may include the hiring of an attorney at law. Such attorney, if hired, shall be the City's attorney. The City shall make all decisions regarding litigation, garnishment, or other legal process, including but not limited to any issues pertaining to the statute of limitations. Contractor shall not be responsible or liable in any respect for the performance of such attorney. 1.4 City's Duty to Provide Information. The City agrees to provide the Contractor with all information it has obtained regarding each Debt placed under this Agreement. It is the obligation of the City to provide the Contractor with any information it has regarding the bankruptcy, death, legal disability or other defenses (including a statute of limitations defense) which may prohibit or delay the collection of the Debt or in anyway impact the ability of the Contractor to collect the Debt. WITNESSETH WHEREAS, City desires Contractor to undertake the collection of City's accounts and other evidences of indebtedness from time to time (hereinafter collectively referred to as "Debt(s)"), in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, the parties contemplate a future course of dealing as City and Contractor and desire to set forth and define their respective rights, obligations and liabilities in this Agreement. NOW, THEREFORE, in consideration of the promises and mutual agreements as stated herein, the parties agree as follows: SECTION 1. City Performance 1.1 Authority to Collect. City hereby authorizes Contractor to use any legal means to collect the Debts placed with Contractor by City. 1.2 Ownership of Debts. The City shall maintain ownership of all Debts placed with Contractor for collection under this Agreement. City maintains legal rights and title to these accounts unless other arrangements are made in writing between the Parties. 1.5 City Warranties. City warrants that the Debts placed with Contractor have been reviewed by City prior to transfer to the Contractor in accordance with this Agreement and that the balances reported to Contractor are correct, that all obligors on the Debts have been disclosed and that all disputes and defenses of debtors have been reported to Contractor to the best of City's knowledge. 1.6 Notice of Dispute. The City shall inform the Contractor in writing, or by such other means as the parties may expressly agree from time to time, of any Debts subject to this Agreement that have been disputed. Disputes under this provision include both oral and written indications or statements by the debtor or any third party that the Debt is in dispute, and includes but is not limited to a request for validation of the Debt. If such dispute is made in writing, City shall also notify Contractor of the date of the writing and provide Contractor with the original dispute or a copy thereof. 1.7 City's Continuing Duty. City has a continuing obligation to provide Contractor with the information required in paragraph 1.6 of this Agreement during the time such Debt is placed with Contractor for collection as well as any time that the Contractor is furnishing information to a credit reporting Contractor about the Debt. Item # 17 Attachment number 2 Page 2 of 5 1.8 Authorization to Receive Payment and Endorse Instruments. City authorizes and appoints Contractor to collect and receive for City all sums of money due or payable to City for Debts placed with Contractor for collection or credit reporting. Contractor shall have authority to receive payment in cash, check or money order, and shall have authority to endorse checks, drafts, money orders and other negotiable instruments which may be received in payment. All sums collected will be deposited into a Trust Account as required by law at a financial institution designated by the Contractor. The Contractor will be responsible for all costs related to the Trust Account. All checks, drafts, money orders and other negotiable instruments will be made payable to the Contractor. Contractor will remit gross funds collected, less return payment items, on a weekly basis via EFT (Electronic Funds Transfer). 1.9 Authorization to Investigate. City expressly authorizes Contractor to perform investigatory services in relation to the ordinary debt collection activities it performs for City. SECTION 2. Contractor Performance 2.1 Agreement to Collect. Contractor agrees to provide debt collection services to City in compliance with all applicable laws, regulations, licensing requirements and bonding requirements. 2.2 Documentation of Accounts/ Financial Reporting. Contractor shall provide City with regular, detailed reports of its collection activity regarding each Debt. The reports shall include the principal amount of the Debt; all amounts collected to date including any allowable fees, costs and interest; all dispute information; requests for validation by debtor; agreements by the debtor regarding future payments, bankruptcy, death or legal disability of the debtor; the amount deposited to the Trust Account and the amount remitted to any attorney. Payment reports shall be prepared and submitted by Contractor to City on a weekly and monthly basis. 2.3 BILLING AND PAYMENT PROCEDURES Contractor shall provide the City on a monthly basis with a statement and fee analysis that accurately reflects the fees earned during the preceding period. Fees earned by the Contractor will be based on the rates specified in Section 4.1 of this agreement applied to the amount of funds deposited into the Trust Account during the previous month. Contractor will invoice the City on a monthly basis and the City will issue payment via a check or electronic payment to the Contractor. Payment terms will be net 20 days from invoice date. A 1.5% service charge per month will be assessed on any balance 60 days or greater in age. The City shall either approve or reject the statement and fee analysis. If these documents are rejected by the City, Contractor will be notified, and both parties shall use their best efforts to resolve the disputed items. 2.4 Credit Reporting. Contractor will report information regarding any Debt placed with it for collection in accordance with this Agreement to the following Consumer Reporting Agencies: Equifax, Experian and Trans Union. Contractor agrees to comply with the Fair Credit Reporting Act (FCRA) and all applicable state and federal laws in making such reports. 2.5 Adherence to ACA Code. Contractor will abide by the standards set by the American Collectors Association, Inc. (ACA), which includes the ACA Code of Ethics and the ACA Code of Operations. 2.6 Insurance and Bond Coverage. Contractor will maintain at least the minimum level of insurance and bond coverage which is required by ACA and state law in all jurisdictions in which it is engaging in collection activity to collect Debts placed with it by the City. 2.7 Licenses and Certificates of Authority. Contractor will maintain all licenses and certificates of authority which are required by law in each state in which it is engaging in regulated collection activity with regard to Debts placed with it by City. 2.8 Trust Account. Contractor warrants that it will maintain a trust account as required by any state law or regulation in which it is engaging in collection activity to collect Debts placed with it by the City. 2.9 Methods of Debt Collection. Contractor shall use only ordinary and reasonable collection efforts as permitted by law and shall comply at all times with the Fair Debt Collection Practices Act (FDCPA), the Fair Item # 17 Attachment number 2 Page 3 of 5 Credit Reporting Act (FCRA) and all other applicable state, federal and local laws and regulations. SECTION 3. Legal Process 3.1 Decision Making Authority. City reserves the right to decide whether Debts shall be placed in litigation, including Debts subject to a forwarding agreement. In keeping with this authority, City may authorize Contractor in writing to retain an attorney for City on prescribed terms and to commence litigation in the name of the City. 3.2 Authority and Role of Attorney. An attorney selected by Contractor under paragraph 3.1 for this purpose, shall be considered City's attorney. City may authorize Contractor in writing to conduct correspondence with any such attorney and to receive payments made by the debtor on its behalf. However, notwithstanding any agreement to the contrary, the conduct of the attorney shall at all times be subject to the control of City, and the attorney may report directly to City or indirectly to City through the Contractor. 3.3 Attorneys Fees. The attorney shall charge an agreed fee to City directly or the attorney may be authorized to deduct it from the proceeds collected. Either Contractor or the attorney may advance necessary legal costs as allowed by law, but City agrees to reimburse the appropriate party for any disbursements thus made to the extent that money is not recovered in an amount sufficient to cover these disbursements. When the attorney collects a Debt in whole or in part, attorney may deduct fees and remit the balance to Contractor which shall be authorized to deduct the agreed commission and disbursements, before remitting the balance to City. 3.4 Forwarded Claims. City reserves to itself the decision whether any forwarded Debt shall be placed in litigation, and may appoint in writing such other collection Contractor as its agent to retain an attorney and commence litigation. SECTION 4. Fees and Remuneration 4.1 Contingency Fee. The cost of the collection services described in this Agreement shall be based upon a contingency fee. A Debt placed for collection with Contractor or with an attorney to obtain judgment or otherwise satisfy payment of this account, shall be subject to a collection fee of twenty-three percent (23)% of the unpaid balance. This amount shall be in addition to any other costs incurred directly or indirectly by Contractor or City's attorney to collect amounts owed under this Agreement such as court costs, sheriff's fees, and interest, late fees, investigatory fees, credit reporting fees, etc.). 4.2 Authority to Advance Costs and Expenses. City authorizes Contractor to advance amounts for court costs, fees on any litigation or legal proceeding which City has authorized and costs which relate to the collection of City's Debts. City authorizes Contractor to retain amounts equal to such costs and fees on Debts it collects as reimbursement for Contractor's expenditures. 4.3 Reimbursement of Costs and Expenses. If Contractor advances the payment of any costs or expenses authorized by City by way of this Agreement or any other and an insufficient amount of money is collected by Contractor on that particular Debt to reimburse Contractor for the expenditure; City shall reimburse Contractor for all such costs and expenses not covered by the amount collected on the Debt. If paid by Contractor, said amounts shall be construed as additional costs of collection. 4.4 Authorization to Add Interest and Fees. City authorizes Contractor to add interest, charges, civil penalties, litigation and process fees, court costs and such other expenses relating to the collection of Debts as provided by law or contract and to collect this amount from the debtor. 4.5 Attorney Fees. City authorizes Contractor to add attorney fees to the principal debt in an amount not to exceed that permitted by law in the jurisdiction in which the debtor is located or by contract, and to collect such attorney fees from the debtor as permitted by law. Any amount of attorney fees collected shall be the property of the City. However, any amount of attorney fees collected shall be part of the total amount collected upon which the Contractor's fee is based. 4.6 NSF and Disputed Payments. In the event that any payment previously reported to Item # 17 Attachment number 2 Page 4 of 5 the client is returned as NSF or reversed as disputed, Contractor will reverse the amount of such payment. All Contractor fees taken on such payment shall be reversed from the current month's billing statement. SECTION 5. Right Of City To Withdraw Accounts 5.1 Terms of Withdrawal. City may request the return of any and all accounts which it has placed with Contractor within thirty (30) calendar days of written demand. Contractor agrees to return all such accounts to City along with a financial record of the accounts including amounts collected, commission retained, additional fees, interest and charges added to account as authorized by City, and a detailed account of any amount of money Contractor has expended on behalf of City which Contractor is seeking to retain. City authorizes Contractor to retain all commissions on those accounts to which Contractor is entitled under this Agreement and to retain all costs and expenses which Contractor has expended on behalf of City. SECTION 6. Termination and Notice 6.1 Term of Agreement. This period of performance under this Agreement shall be for three (3) years to coincide with the separate processing agreement and shall become effective upon execution by both parties. The term of the agreement may then be automatically renewed annually for two (2) additional one (1) year periods at the City's option with the written mutual agreement of both parties, after the initial three (3) year period. 6.2 Termination. Either party may terminate this Agreement for any reason. Notice of termination shall be provided by mailing such notice to the non-canceling party by U.S. Mail at its last known business address. In the event of termination of this Agreement, the City shall pay all commissions, as herein agreed, on debts that have been collected through the end of the Contractor's business day on the date of notice of termination. Contractor shall remit balances due to City under the terms of this Agreement and provide a detailed report to City of collection activity up to and including the date of termination within thirty (30) calendar days of receipt of notice of termination. 6.3 Notice. Except as otherwise expressly provided herein, any notice required or desired to be served, given or delivered hereunder shall be in writing and shall be deemed to have been validly served, given or delivered, (a) forty-eight (48) hours after deposit in the U.S. Mail, with proper postage prepaid, certified return receipt requested; or (b) one (1) business day after delivery to a reputable overnight delivery service; or (c) upon delivery by courier or in person to the following addresses: If to City: City of Clearwater Attention: Parking Manager 100 South Myrtle Ave, Ste 221 Clearwater, FL 33756-5520 If to Contractor: Citation Management A division of Professional Account Management LLC, a Duncan Solutions Company 633 W. Wisconsin Avenue Suite 1600 Milwaukee, WI 53203 SECTION 7. Hold Harmless 7.1 City Representations. City agrees to comply with all applicable laws regarding the subject matter of this Agreement, to at all times act in good faith, and to indemnify and hold Contractor harmless for all acts or omissions committed by City and for all alleged wrong doings which create legal or other liability. 7.2 Contractor Representations. Contractor agrees to comply with all applicable laws regarding the subject matter of this Agreement, to at all times act in good faith, and to indemnify and hold City harmless for all acts or commission committed by Contractor and for all alleged wrongdoings which create legal or other liability. SECTION S. Governing Law 8.1 Applicable Law. This Agreement is made pursuant to the laws of the State of Item # 17 Attachment number 2 Page 5 of 5 Florida and shall be construed in accordance with those laws. 8.2. Dispute Resolution. Any controversy arising out of or related to this Agreement or the breach thereof shall be settled in a court of competent jurisdiction in Pinellas County, Florida. SECTION 9. Miscellaneous 9.1 Modification. This Agreement shall be modified only by written instrument signed by duly authorized representatives of both parties. 9.2 Nonwaiver. The failure of either party to insist, in any one or more instance, upon the performance of this Agreement, or the failure to exercise any right or privilege herein conferred, shall not be construed as a waiver of any such covenant, conditions, rights, or privileges, but the same shall continue and remain in full force and effect. 9.3 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof, each part signed by less than all, but together signed by all the parties hereto. 9.4 Authorization. Those signing below warrant that they are representatives of the parties and are authorized to enter into this Agreement, and are acting pursuant to a resolution of their respective boards of directors, if such resolution is required, prior to entering into such agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first written above. CITATION MANAGEMENT, A DIVISION OF PROFESSIONAL ACCOUNT MANAGEMENT LLC, A DUNCAN SOLUTIONS COMPANY By Its : Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor Approved as to form: Camilo Soto Assistant City Attorney By: Attest: William B. Horne II City Manager Cynthia E. Goudeau City Clerk Item # 17 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to General Chemical, of Parsippany, NJ, for the purchase of Liquid Aluminum Sulfate in the amount of $541,523.84 during the contract period October 1, 2010 through September 30, 2013, being the lowest, most responsive bid for RFP 25-10, and authorize the appropriate officials to execute same. (consent) SUMMARY: Liquid Aluminum Sulfate is used in the Northeast and Marshall Street Advanced Pollution Control Facilities (APCF) to maintain regulatory compliance with the City's existing wastewater facility operating permits, specifically for the removal of phosphorus and total organic carbon as mandated by the Florida Department of Environmental Protection (FDEP). The bid was advertised on July 22, 2010, and two bids were received on August 12, 2010. The lowest responsible bidder is General Chemical with a bid price of $214.72 per dry ton for the first year with a total estimated bid amount of $171,776.00. The contract is renewable up to two additional years for a mutually agreeable annually adjusted price in accordance with the Producer Price Index Series WPU0613020T Hydrochloric and Sulfuric Acid and WPU0630209 Aluminum Compounds. This item is a request for the approval of a three-year contract, assuming a 5% increase over the contract period dependent upon PPI increases, not to exceed $541,523.84. The recommended contract will replace our current BPO BR504064 with General Chemical that expires September 30, 2010, for Liquid Aluminum Sulfate (Alum) at $230/ dry ton. The new bid represents a 7% reduction in cost for the first year. Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-01351-551000-535-000-0000, WPC Operations, to fund Fiscal Year 2010/2011 in the amount of $171,776.00 and is planned in the budget request to be brought forward for Fiscal Year 2011/2012 in the amount of $180,364.80, and is planned in the budget request to be brought forward for Fiscal Year 2012/2013 in the amount of $189,383.04. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0421-01351-551000-535- 000-0000 0421-01351-551000-535- 000-0000 0421-01351-551000-535- 000-0000 Amount Appropriation Comment $171,776.00 FYI 0/11 $180,364.80 FYI 1/12 $189,383.04 FY12/13 Cover Memo Bid Required?: Yes Other Bid / Contract: Budget Adjustment: No Annual Operating Cost: $171,776.00 $541,523.84 Total Cost: $541,523.84 FY10/11 to FY 12/13 Bid Number: Bid Exceptions: RFP 25-10 None Item # 18 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 18 Attachment number 1 Page 1 of 3 J w U w U C) O U w O N O M W w J o ? Z = Z O J Z Z N w W O r` w Q W CN N W Q d ? J Q Q W U O ° c6 ° O U Q d M N C) CV) W Q 0 o Z U w 0 W = Q Q O Q W Q J t Q U O CN N 2 Q d ? Q U Z Q H ° O O U) CO W W 0 H U- C W a CO O U- J O Q r Z O U cd O Q W CD a J Z Q' , a N U) D w Q w W Go 0 o Q w W 0 Q w O _ LL ? W IM J U) Q ' O a N O H a a a wI UFn Fn Fn O N O N ? O O O N N N H U Q' m U Q' W H W d U) E 0 Q L w a? U CO W CO Q E LO N M O O N W Q U CO 0W 0Z O~>_0- ? U a? ?U)a Q cdUUOOCO 0 0 O O U m m Z11 Z O O N 8 Attachment number 1 Page 2 of 3 Item # 18 Attachment number 1 Page 3 of 3 Item # 18 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an amendment to the Interlocal Agreement between the City of Clearwater and Pinellas County pertaining to the Clearwater Planning Area, extending the term of said agreement from September 30, 2010 to September 30, 2020 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Interlocal Agreement for the Clearwater Planning Area is a longstanding agreement that establishes a geographic boundary and procedures for joint land use designation of unincorporated land annexed into the City. The term of the original agreement was January 14, 1992 to September 30, 2000. The subsequent agreement, which is currently in effect, included a modified Clearwater Planning Area boundary and legal description and extended the term from September 30, 2000 to September 30, 2010. With the pending expiration of the current agreement, a second amendment to the agreement, extending the term from September 30, 2010 to September 30, 2020, is proposed to City Council for consideration at a required public hearing. There are no funding requirements associated with this action. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 8 INTERLOCAL AGREEMENT FOR PLANNING AND MAPPING SERVICES WITH THE CITY OF CLEARWATER AN AGREEMENT FOR THE PROVISION OF PLANNING AND MAPPING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE CHARGE SCHEDULE SET FORTH HEREIN. THIS INTERLOCAL AGREEMENT FOR PLANNING AND MAPPING SERVICES, hereinafter referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government". WHEREAS, the Local Government desires to engage the Council to provide staff planning and mapping services; and WHEREAS, the Council has prepared and maintains the Countywide Future Land Use Plan map under Interlocal Agreement with the Pinellas County Property Appraiser, which Interlocal Agreement also provides for related mapping services; and WHEREAS, the data compiled, stored and reproduced for the Countywide Future Land Use Plan map can be reformatted to produce the Local Government future land use map; and WHEREAS, related mapping services for base maps, zoning maps and special study area maps can be provided in support of the future land use map as may be requested by the Local Government; and WHEREAS, the Council has the capability to provide professional and technical staff planning and mapping services, and the Local Government desires to engage the Council to provide such staff planning and mapping services; and WHEREAS, the Council and the Local Government desire to cooperate in the provision of said mapping and planning services to maximize efficiency and minimize cost and ensure the maximum degree of coordination and accuracy. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by this Agreement, the Council and Local Government agree as follows: Item # 19 Attachment number 1 Page 2 of 8 Section 1. Authority. This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88- 464, Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from October 1, 2010, through September 30, 2014; which term may be renewed by mutual written agreement, signed by both parties, for one additional four year period through September 30, 2018, unless terminated as provided for elsewhere in this Agreement. Section 3. Scope of Services. A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached hereto and hereby made a part of this Agreement. B. Any assistance provided or project undertaken as provided for in the Scope of Services may, at the discretion of Council staff and the Local Government, be more specifically detailed as to methodology, schedule, work product, and cost in a memorandum of understanding executed consistent with and pursuant to this Agreement. C. Responsibility for the correctness of information provided to the Council for use in rendering planning and mapping services under this Agreement lies with the Local Government. D. All requests for planning and mapping services to be provided under this Agreement shall be in writing by an authorized representative of the Local Government. E. The Council reserves the right to accept or reject and to schedule all requests for planning and mapping services based on the ability of the Council staff to produce the requested planning services and map product(s) and the required timetable therefor. Section 4. Charles. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of this Agreement. B. Ongoing planning and mapping services or special projects will be charged as a lump sum or on a time and material basis as mutually agreed by the Local Government and Council staff in accordance with the terms of this Agreement. 2 Item # 19 Attachment number 1 Page 3 of 8 C. The Local Government agrees to make payment to the Council for all properly invoiced requisitions as set forth in Exhibit B in accordance with the Florida Prompt Payment Act, F.S. Secs. 255.0705-255.078. D. The fee schedule may be revised by mutual written consent, signed by both parties, and included as an addendum to this Agreement. Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of all information produced by the Council prior to its adoption. The Council shall not distribute information prior to its adoption by the Local Government without prior approval. B. The Council has the right to use any information produced under this Agreement for similar purposes upon removing all reference to the Local Government. C. The Local Government shall have the exclusive control of the public distribution of mapped information provided under this Agreement. D. Nothing contained in this agreement shall prohibit either party hereto from complying with a public records request submitted pursuant to Chapter 119, Florida Statutes. E. The Council shall retain all rights to the original data as compiled for and used in the production of the Countywide Future Land Use Plan from which the Local Government map is produced, consistent with and as specifically provided for under the Interlocal Agreement between the Council and the Pinellas County Property Appraiser. Section 6. Accounting and Records. A. The Council shall establish an accounting process to identify the costs and revenues associated with the Agreement. All accounting documentation shall be available for inspection, upon request, by the Local Government at any time during the period of this Agreement and for a minimum of three (3) years after payment is made. B. All charged costs shall be supported by the properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 3 Item # 19 Attachment number 1 Page 4 of 8 Section 7. Notice. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 600 Cleveland Street, Suite 850 Clearwater, Florida 33755 Local Government: City of Clearwater Attn: Cynthia E. Goudeau, City Clerk 112 South Osceola Avenue Clearwater, Florida 33758-4748 Section 8. Construction. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. Section. 9. Termination. This Agreement may be terminated by either party at any time by giving the other party not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Filing; Effective Date. As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, Florida, after execution by the parties, and shall take effect upon execution of this Agreement. Section 11. Successor A2ency. In the event the Council is reconstituted as a new agency, merged with another agency, or its legal status is otherwise altered, this agreement will be automatically assigned to any new agency that assumes the planning and mapping services currently performed by the Council. This assignment shall be effective without the need for any further written agreement between the parties. The Local Government shall retain the right to terminate this agreement in accordance with Section 9. 4 Item # 19 Attachment number 1 Page 5 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective October 1, 2010. Attest: By: David P. Healey, AICP Executive Director Approved as to form: By: Jewel White Cole Managing Assistant County Attorney Countersigned: By: PINELLAS PLANNING COUNCIL By: Mayor Patricia Gerard Chairman By: Mayor Jim Ronecker Secretary CITY OF CLEARWATER, FLORIDA Frank V. Hibbard William B. Horne 11 Mayor City Manager Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk 5 Item # 19 Attachment number 1 Page 6 of 8 EXHIBIT A SCOPE OF SERVICES 1. Ong Planning Assistance A. The Council agrees to consider requests by the Local Government for ongoing planning assistance, and to provide such assistance as Council staff time and schedule permit. B. Ongoing planning assistance may include, but is not limited to, review and interpretation of the comprehensive plan and land development regulations, comprehensive plan and land development regulation amendments, and assistance with applications for development approval, as determined to be consistent with the mission and role of the Council. IL Mapping Assistance A. The Council agrees to consider requests by the Local Government for mapping assistance, and to provide such assistance as Council staff time and schedule permit. B. Mapping assistance may include, but is not limited to, provision of custom or standard printed or electronic map products, as determined to be consistent with the mission and role of the Council. 111. Special Planning Projects A. The Council agrees to consider requests by the Local Government for assistance with special planning projects, and to provide such assistance as Council staff time and schedule permit. B. Special planning projects may include, but are not limited to, comprehensive plan or land development regulation revisions, neighborhood or special area plans, special planning studies and such other special projects as may be related to or in furtherance of the comprehensive planning process, as determined to be consistent with the mission and role of the Council. 6 Item # 19 Attachment number 1 Page 7 of 8 EXHIBIT B PAYMENT AND RATE CHARGE SCHEDULE 1. Ong Planning Assistance The Council shall requisition by invoice for ongoing planning assistance on a time and materials basis as follows: A. Materials - at the cost to the Council B. Time - based on the following hourly rates: 1. Planning Administrator $72.00/hr 2. Principal Planner - $65.00/hr 3. Program Planner - $45.00/hr 4. Planner - $35.00/hr 5. Office Specialist - $28.00/hr IL Mapping Assistance The Council shall requisition by invoice for mapping assistance on a time and materials basis as follows: A. Materials - as follows: 1. The Council shall incur the cost and not charge for the initial set-up cost for overlaying municipal boundaries, customizing the title block and legend to produce the preliminary mock-up map(s) and any required revisions thereto. 2. The Local Government shall pay for the printed copies of the map product as requested by the Local Government in each request for services based on the following rates: a) $15.00 per map for color Countywide FLUP map @ V=3000' b) $8.00 per map for color Countywide FLUP Map @ V=6000' c) $15.00 per map for color Scenic/Noncommercial Corridor map @ V=3000' d) $8.00 per map for color Scenic/Noncommercial Corridor map @ V=6000' e) $15.00 per map for color Municipal Boundaries map @ V= 3000' f) $8.00 per map for color Municipal Boundaries map @ V= 6000' 7 Item # 19 Attachment number 1 Page 8 of 8 g) $0.16 per map for black & white FLUP half-sections @ V= 450'(1 1x17) h) $0.25 per map for color FLUP half-sections @ V= 450'(11x17) i) All other custom maps or GIS data requests will be billed at the following rates: • $0.16 per map for black & white paper map up to 11x17 size • $0.25 per map for color paper map up to 11x17 size • $0.20 per inch for paper map larger than 11x17 size • $10.00 for compact disc containing map files B. Time - as specified above under I B., plus any costs for PAO personnel @$30 per hour. C. The Council shall provide the Local Government, upon request, a price quote based on the map product(s) ordered in each request for services. There is no charge for current shapefiles distributed via email. III. Special Planning Projects The Council shall requisition by invoice for special planning projects in the amount and according to a schedule agreed upon in advance between the Local Government and the Council staff for each such special project. H:AUSERS\Council Operations\Contract Admin\Interlocal Agreements\1 - IAs\2010 Renewals and Mapping ComboAlnterlocals by CommunityAClearwater.doc 8 Item # 19 Attachment number 2 Page 1 of 6 INTERLOCAL AGREEMENT FOR PLANNING SERVICES WITH THE CITY OF CLEARWATER AN AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE CHARGE SCHEDULE SET FORTH HEREIN. THIS INTERLOCAL AGREEMENT FOR PLANNING SERVICES, hereinafter referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government". WHEREAS, the Local Government desires to engage the Council to provide staff planning services; and WHEREAS, the Council has the capability to provide professional and technical staff planning services, and the Local Government desires to engage the Council to provide such staff planning services; and WHEREAS, the Council and the Local Government desire to cooperate in this effort to maximize efficiency and minimize costs; NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by this Agreement, the Council and Local Government agree as follows: Section 1. Authority. This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88- 464, Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from March 1, 2005, through September 30, 2007; which term may be renewed by mutual written agreement, signed by both parties, for one additional three year period through September 30, 2010, unless terminated as provided for elsewhere in this Agreement. Item # 19 Attachment number 2 Page 2 of 6 Section 3. Scope of Services. A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached hereto and hereby made a part of this Agreement. B. Any assistance provided or project undertaken as provided for in the Scope of Services may, at the discretion of Council staff and the Local Government, be more specifically detailed as to methodology, schedule, work product, and cost in a memorandum of understanding executed consistent with and pursuant to this Agreement. C. Responsibility for the correctness of information provided to the Council for use in rendering planning services under this Agreement lies with the Local Government. Section 4. Charges. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of this Agreement. B. Ongoing planning services or special projects will be charged as a lump sum or on a time and material basis as mutually agreed by the Local Government and Council staff in accordance with the terms of this Agreement. C. The Local government agrees to make payment to the Council for all properly invoiced requisitions as set forth in Exhibit B, within forty-five (45) days of submission. D. The fee schedule may be revised by mutual written consent, signed by both parties, and included as an addendum to this Agreement. Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of all information produced by the Council prior to its adoption. The Council shall not distribute information prior to its adoption by the Local Government without prior approval. However, nothing contained herein shall prohibit the Council from complying with a valid and properly submitted public records request. B. Once adopted by the Local Government, the Council and the Local Government have the right to distribute information upon request from the public. C. The Council has the right to use any information produced under this Agreement for similar purposes upon removing all reference to the Local Government. Item # 19 Attachment number 2 Page 3 of 6 Section 6. Accounting and Records. A. The Council shall establish an accounting process to identify the costs and revenues associated with the Agreement. All accounting documentation shall be available for inspection, upon request, by the Local Government at any time during the period of this Agreement and for a minimum of three (3) years after payment is made. B. All charged costs shall be supported by the properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. Section 7. Notice. A. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 600 Cleveland Street, Suite 850 Clearwater, Florida 33755 Local Government: City of Clearwater Attn: Cynthia E. Goudeau, City Clerk 112 South Osceola Avenue Clearwater, Florida 33758-4748 Section 8. Construction. A. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. Section. 9. Termination. A. This Agreement may be terminated by either party at any time by giving the other party not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Filing; Effective Date. As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, Florida, after execution by the parties, and shall take effect upon execution of this Agreement. Item # 19 Attachment number 2 Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective March 1, 2005. PINELLAS PLANNING COUNCIL Attest: By: David P. Healey, AICP Executive Director By: Councilmember Bill Foster Chairman Approved as to form: By: Jewel White Cole By: Mayor Jerry Beverland Managing Senior Assistant County Attorney Secretary LOCAL GOVERNMENT Attest: By: Cynthia E. Goudeau City Clerk By: Frank Hibbard Mayor Item # 19 Attachment number 2 Page 5 of 6 EXHIBIT A SCOPE OF SERVICES 1. Ong Planning Assistance A. The Council agrees to consider requests by the City of Clearwater for ongoing planning assistance, and to provide such assistance as Council staff time and schedule permit. B. Ongoing planning assistance may include, but is not limited to, review and interpretation of the comprehensive plan and land development regulations, comprehensive plan and land development regulation amendments, and assistance with applications for development approval, as determined to be consistent with the mission and role of the Council. 11. Special Planning Projects A. The Council agrees to consider requests by the City of Clearwater for assistance with special planning projects, and to provide such assistance as Council staff time and schedule permit. B. Special planning projects may include, but are not limited to, comprehensive plan or land development regulation revisions, neighborhood or special area plans, special planning studies and such other special projects as may be related to or in furtherance of the comprehensive planning process, as determined to be consistent with the mission and role of the Council. Item # 19 Attachment number 2 Page 6 of 6 EXHIBIT B PAYMENT AND RATE CHARGE SCHEDULE 1. Ong Planning Assistance The Council shall requisition by invoice for ongoing planning assistance on a time and materials basis as follows: A. Materials - at the cost to the Council B. Time - based on the following hourly rates: 1. Planning Administrator $72.00/hr 2. Principal Planner - $65.00/hr 3. Program Planner - $45.00/hr 4. Planner - $35.00/hr 5. Office Specialist - $28.00/hr 11. Special Planning Projects The Council shall requisition by invoice for special planning projects in the amount and according to a schedule agreed upon in advance between the City of Clearwater and the Council staff for each such special project. I:AUSERS\WPDOCS\Cities\AGREENEVFJNTERLOC\Clearwater Newto 2007.doc Item # 19 Attachment number 3 Page 1 of 6 t AGREEMENT FOR MAPPING SERVICES THIS AGREEMENT is made and entered into this o?o e day of -2?,?..? 1994, by and between the PINELLAS PEANNIN COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government" . WITNESSETH: WHEREAS, the Council has prepared and maintains the Countywide Future Land Use Plan map under Interlocal Agreement with the Pinellas County Property Appraiser, which Interlocal Agreement also provides for related mapping services; and WHEREAS, the data compiled, stored and reproduced for the Countywide Future Land Use Plan map can be reformatted to produce the Local Government future land use map; and WHEREAS, related mapping services for base maps, zoning maps and special study area maps can be provided in support of the future land use map as may be requested by the Local Government; and WHEREAS, the Local Government desires to avail itself of such mapping services as may be specifically requested from the Council under the terms of this Agreement; and WHEREAS, the Council and the Local Government desire to cooperate in the provision of said mapping services to maximize efficiency, minimize cost and ensure the maximum degree of coordination and accuracy. NOW, THEREFORE, in consideration of the advantages to be realized by this Agreement and the covenants made by each party to the other, the Council and the Local Government agree as follows: Section 1. Authori . This Agreement is entered into pursuant to the specific authority of Sections 5(3) and 5(6) of Chapter 88-464 Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from its effective date through September 30, 1994, after which it shall thereafter automatically renew on an annual twelve month basis unless terminated as herein provided for. Item # 19 Attachment number 3 Page 2 of 6 Section 3. Scope of Services. A. All requests for service to be provided under this Agreement shall be in writing by an authorized representative of the Local Government. B. Upon execution of this Agreement, the Council shall provide a preliminary mock-up of the Local Government future land use map, as derived from and based solely on the Countywide Future Land Use Plan map. C. The Local Government shall identify any changes to the title block, legend, scale, municipal boundaries or other features of the preliminary mock-up that it requests be made and authorize in writing the requested map product(s) by type of material, size, black and white or color, scale and number of copies. D. The Local Government may request, and the Council shall provide, such related mapping services as are available and can be produced under this Agreement. E. Responsibility for the correctness of information submitted to the Council lies with the Local Government. F. The Council shall arrange to print and deliver the map product(s) as requested by the Local Government. G. The Council reserves the right to accept or reject and to schedule all requests for mapping services based on the ability of the Property Appraisers Office to produce the requested map product(s) and the required timetable therefor. Section 4. Charges. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit A, Payment and Charges, attached hereto and hereby made a part of this Agreement. Exhibit A may be amended from time to time by mutual consent of both parties. B. The Council shall requisition by invoice as services are provided according to the rates set forth in Exhibit A, and as same may be amended. C. The Local Government agrees to make payment to the Council for all properly invoiced requisitions consistent with this Agreement and individual requests for services by the Local Government processed in accord therewith. 2 Item # 19 Attachment number 3 Page 3 of 6 Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of mapped information provided under this Agreement. B. The Council shall retain all rights to the original data as compiled for and used in the production of the Countywide Future Land Use Plan from which the Local Government map is produced, consistent with and as specifically provided for under the Interlocal Agreement between the Council and the Pinellas County Property Appraiser. Section 6. Accounting and Records. A. The Council shall have established for the project, accepted accounting system to properly Agreement. Section 7. Notice. practices, an account to be record charges to and re in conformance with currently maintained within its existing venues received under this A. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 14 South Fort Harrison Avenue, Suite 3010 Clearwater, FL 34616 Local Government: City of Clearwater Elizabeth M. Deptula City Manager P. 0. Box 4748 Clearwater, FL 34618 Section 8. Construction. A. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. 3 Item # 19 Attachment number 3 Page 4 of 6 Section 9. Termination. A. This Agreement may be terminated by either party at any time by giving the other parry not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Effective Date. Filing. A. This Agreement shall take effect upon its execution by the Council and Local Government and a copy thereof will be filed with each party. 4 Item # 19 Attachment number 3 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year set out above. Attest: By: Da d P. Healey Executive Director PINELLAS PLANNING COUNCIL By: Blaine P. Le Couris Secretary PINELLAS PLANNING COUNCIL Approved As To Form: By: David Sado rnor Assistant County Attorney Attest: By:? Z. Cy thia E. Goudeau Ci Clerk b:\MAPPI N G. M U N/m p 5 PINELLAS PLANNING COUNCIL By: Sue A. Berfield Chairman CITY OF CLEARWATER By: E1 abeth M. Deptula City Manager Approved as to form and correctness: " 4 / 4LA A- M. A. Galbra t , Jr. Senior Assis t City IIMMA10ey Attachment number 3 Page 6 of 6 1 EXHIBIT A PAYMENT AND CHARGES Payment and charges under this Agreement shall be as follows: 1. The Council shall incur the cost and not charge for the initial set-up cost for overlaying municipal boundaries, customizing the title block and legend to produce the preliminary mock-up map (s) and any required revisions thereto. 2. The Local Government shall pay for the printed copies of the map product as requested by the Local Government in each request for services based on the following rates: a. One (1) hour of labor @ $25.00 per hour for each separate order processed. b. Twenty cents ($0.20) per linear inch for plotted opaque paper prints. C. One and one-half dollars ($1.50) per 24" x 36" sheet for plain paper copies. 3. The Local Government shall pay for any requested translation of computerized data (DXF File Conversion) based on the following rate: a. Five and one-half dollars ($5.50) per ,h section. 4. The Council shall provide the Local Government, upon request, a price quote based on the map product(s) ordered in each request for services. 5. The Council shall invoice the Local Government for the map product upon delivery and all invoices will be due and payable within thirty (30 days). 6 Item # 19 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve continuation of Interlocal Agreement for Planning and Mapping Services with the Pinellas Planning Council for the term beginning October 1, 2010 through September 30, 2018, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City is currently a party to two interlocal agreements with the Pinellas Planning Council (PPC) for as needed planning and mapping services. The Interlocal Agreement for Planning Services will expire on September 30, 2010, while the Interlocal Agreement for Mapping Services continues until terminated by either party or superseded by another agreement. Since said agreements have been in effect, PPC staff has assisted the Planning and Development Department in conducting one special study and processing annexation cases when the Department had inadequate staffing levels (i.e., staff vacancies). While the Department does not anticipate the need to use the PPC services, ready access to additional technical resources would be beneficial to the Department should the need arise. The PPC has consolidated the planning and mapping services agreements in one agreement, which is the subject of this request. The proposed Interlocal Agreement for Planning and Mapping Services provides the basis for any request the City may have for planning or mapping assistance from the PPC; however, there is no obligation on the City's part to request said assistance. The proposed agreement carries forward the main provisions of the current agreements, including charges for services on a time and materials or mutually agreeable lump sum basis, whichever is appropriate to the services requested. Billing rates have not changed from those specified in the current agreement for planning services. The term of the proposed agreement is four years with one opportunity to extend for an additional four-year period by mutual agreement. The agreement may be terminated at any time upon 30 days notice. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 8 INTERLOCAL AGREEMENT FOR PLANNING AND MAPPING SERVICES WITH THE CITY OF CLEARWATER AN AGREEMENT FOR THE PROVISION OF PLANNING AND MAPPING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE CHARGE SCHEDULE SET FORTH HEREIN. THIS INTERLOCAL AGREEMENT FOR PLANNING AND MAPPING SERVICES, hereinafter referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government". WHEREAS, the Local Government desires to engage the Council to provide staff planning and mapping services; and WHEREAS, the Council has prepared and maintains the Countywide Future Land Use Plan map under Interlocal Agreement with the Pinellas County Property Appraiser, which Interlocal Agreement also provides for related mapping services; and WHEREAS, the data compiled, stored and reproduced for the Countywide Future Land Use Plan map can be reformatted to produce the Local Government future land use map; and WHEREAS, related mapping services for base maps, zoning maps and special study area maps can be provided in support of the future land use map as may be requested by the Local Government; and WHEREAS, the Council has the capability to provide professional and technical staff planning and mapping services, and the Local Government desires to engage the Council to provide such staff planning and mapping services; and WHEREAS, the Council and the Local Government desire to cooperate in the provision of said mapping and planning services to maximize efficiency and minimize cost and ensure the maximum degree of coordination and accuracy. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by this Agreement, the Council and Local Government agree as follows: Item # 20 Attachment number 1 Page 2 of 8 Section 1. Authority. This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88- 464, Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from October 1, 2010, through September 30, 2014; which term may be renewed by mutual written agreement, signed by both parties, for one additional four year period through September 30, 2018, unless terminated as provided for elsewhere in this Agreement. Section 3. Scope of Services. A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached hereto and hereby made a part of this Agreement. B. Any assistance provided or project undertaken as provided for in the Scope of Services may, at the discretion of Council staff and the Local Government, be more specifically detailed as to methodology, schedule, work product, and cost in a memorandum of understanding executed consistent with and pursuant to this Agreement. C. Responsibility for the correctness of information provided to the Council for use in rendering planning and mapping services under this Agreement lies with the Local Government. D. All requests for planning and mapping services to be provided under this Agreement shall be in writing by an authorized representative of the Local Government. E. The Council reserves the right to accept or reject and to schedule all requests for planning and mapping services based on the ability of the Council staff to produce the requested planning services and map product(s) and the required timetable therefor. Section 4. Charles. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of this Agreement. B. Ongoing planning and mapping services or special projects will be charged as a lump sum or on a time and material basis as mutually agreed by the Local Government and Council staff in accordance with the terms of this Agreement. 2 Item # 20 Attachment number 1 Page 3 of 8 C. The Local Government agrees to make payment to the Council for all properly invoiced requisitions as set forth in Exhibit B in accordance with the Florida Prompt Payment Act, F.S. Secs. 255.0705-255.078. D. The fee schedule may be revised by mutual written consent, signed by both parties, and included as an addendum to this Agreement. Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of all information produced by the Council prior to its adoption. The Council shall not distribute information prior to its adoption by the Local Government without prior approval. B. The Council has the right to use any information produced under this Agreement for similar purposes upon removing all reference to the Local Government. C. The Local Government shall have the exclusive control of the public distribution of mapped information provided under this Agreement. D. Nothing contained in this agreement shall prohibit either party hereto from complying with a public records request submitted pursuant to Chapter 119, Florida Statutes. E. The Council shall retain all rights to the original data as compiled for and used in the production of the Countywide Future Land Use Plan from which the Local Government map is produced, consistent with and as specifically provided for under the Interlocal Agreement between the Council and the Pinellas County Property Appraiser. Section 6. Accounting and Records. A. The Council shall establish an accounting process to identify the costs and revenues associated with the Agreement. All accounting documentation shall be available for inspection, upon request, by the Local Government at any time during the period of this Agreement and for a minimum of three (3) years after payment is made. B. All charged costs shall be supported by the properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 3 Item # 20 Attachment number 1 Page 4 of 8 Section 7. Notice. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 600 Cleveland Street, Suite 850 Clearwater, Florida 33755 Local Government: City of Clearwater Attn: Cynthia E. Goudeau, City Clerk 112 South Osceola Avenue Clearwater, Florida 33758-4748 Section 8. Construction. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. Section. 9. Termination. This Agreement may be terminated by either party at any time by giving the other party not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Filing; Effective Date. As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, Florida, after execution by the parties, and shall take effect upon execution of this Agreement. Section 11. Successor A2ency. In the event the Council is reconstituted as a new agency, merged with another agency, or its legal status is otherwise altered, this agreement will be automatically assigned to any new agency that assumes the planning and mapping services currently performed by the Council. This assignment shall be effective without the need for any further written agreement between the parties. The Local Government shall retain the right to terminate this agreement in accordance with Section 9. 4 Item # 20 Attachment number 1 Page 5 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective October 1, 2010. Attest: By: David P. Healey, AICP Executive Director Approved as to form: By: Jewel White Cole Managing Assistant County Attorney Countersigned: By: PINELLAS PLANNING COUNCIL By: Mayor Patricia Gerard Chairman By: Mayor Jim Ronecker Secretary CITY OF CLEARWATER, FLORIDA Frank V. Hibbard William B. Horne 11 Mayor City Manager Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Rosemarie Call City Clerk 5 Item # 20 Attachment number 1 Page 6 of 8 EXHIBIT A SCOPE OF SERVICES 1. Ong Planning Assistance A. The Council agrees to consider requests by the Local Government for ongoing planning assistance, and to provide such assistance as Council staff time and schedule permit. B. Ongoing planning assistance may include, but is not limited to, review and interpretation of the comprehensive plan and land development regulations, comprehensive plan and land development regulation amendments, and assistance with applications for development approval, as determined to be consistent with the mission and role of the Council. IL Mapping Assistance A. The Council agrees to consider requests by the Local Government for mapping assistance, and to provide such assistance as Council staff time and schedule permit. B. Mapping assistance may include, but is not limited to, provision of custom or standard printed or electronic map products, as determined to be consistent with the mission and role of the Council. 111. Special Planning Projects A. The Council agrees to consider requests by the Local Government for assistance with special planning projects, and to provide such assistance as Council staff time and schedule permit. B. Special planning projects may include, but are not limited to, comprehensive plan or land development regulation revisions, neighborhood or special area plans, special planning studies and such other special projects as may be related to or in furtherance of the comprehensive planning process, as determined to be consistent with the mission and role of the Council. 6 Item # 20 Attachment number 1 Page 7 of 8 EXHIBIT B PAYMENT AND RATE CHARGE SCHEDULE 1. Ong Planning Assistance The Council shall requisition by invoice for ongoing planning assistance on a time and materials basis as follows: A. Materials - at the cost to the Council B. Time - based on the following hourly rates: 1. Planning Administrator $72.00/hr 2. Principal Planner - $65.00/hr 3. Program Planner - $45.00/hr 4. Planner - $35.00/hr 5. Office Specialist - $28.00/hr IL Mapping Assistance The Council shall requisition by invoice for mapping assistance on a time and materials basis as follows: A. Materials - as follows: 1. The Council shall incur the cost and not charge for the initial set-up cost for overlaying municipal boundaries, customizing the title block and legend to produce the preliminary mock-up map(s) and any required revisions thereto. 2. The Local Government shall pay for the printed copies of the map product as requested by the Local Government in each request for services based on the following rates: a) $15.00 per map for color Countywide FLUP map @ V=3000' b) $8.00 per map for color Countywide FLUP Map @ V=6000' c) $15.00 per map for color Scenic/Noncommercial Corridor map @ V=3000' d) $8.00 per map for color Scenic/Noncommercial Corridor map @ V=6000' e) $15.00 per map for color Municipal Boundaries map @ V= 3000' f) $8.00 per map for color Municipal Boundaries map @ V= 6000' 7 Item # 20 Attachment number 1 Page 8 of 8 g) $0.16 per map for black & white FLUP half-sections @ V= 450'(1 1x17) h) $0.25 per map for color FLUP half-sections @ V= 450'(11x17) i) All other custom maps or GIS data requests will be billed at the following rates: • $0.16 per map for black & white paper map up to 11x17 size • $0.25 per map for color paper map up to 11x17 size • $0.20 per inch for paper map larger than 11x17 size • $10.00 for compact disc containing map files B. Time - as specified above under I B., plus any costs for PAO personnel @$30 per hour. C. The Council shall provide the Local Government, upon request, a price quote based on the map product(s) ordered in each request for services. There is no charge for current shapefiles distributed via email. III. Special Planning Projects The Council shall requisition by invoice for special planning projects in the amount and according to a schedule agreed upon in advance between the Local Government and the Council staff for each such special project. H:AUSERS\Council Operations\Contract Admin\Interlocal Agreements\1 - IAs\2010 Renewals and Mapping ComboAlnterlocals by CommunityAClearwater.doc 8 Item # 20 Attachment number 2 Page 1 of 6 INTERLOCAL AGREEMENT FOR PLANNING SERVICES WITH THE CITY OF CLEARWATER AN AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE CHARGE SCHEDULE SET FORTH HEREIN. THIS INTERLOCAL AGREEMENT FOR PLANNING SERVICES, hereinafter referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government". WHEREAS, the Local Government desires to engage the Council to provide staff planning services; and WHEREAS, the Council has the capability to provide professional and technical staff planning services, and the Local Government desires to engage the Council to provide such staff planning services; and WHEREAS, the Council and the Local Government desire to cooperate in this effort to maximize efficiency and minimize costs; NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by this Agreement, the Council and Local Government agree as follows: Section 1. Authority. This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88- 464, Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from March 1, 2005, through September 30, 2007; which term may be renewed by mutual written agreement, signed by both parties, for one additional three year period through September 30, 2010, unless terminated as provided for elsewhere in this Agreement. Item # 20 Attachment number 2 Page 2 of 6 Section 3. Scope of Services. A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached hereto and hereby made a part of this Agreement. B. Any assistance provided or project undertaken as provided for in the Scope of Services may, at the discretion of Council staff and the Local Government, be more specifically detailed as to methodology, schedule, work product, and cost in a memorandum of understanding executed consistent with and pursuant to this Agreement. C. Responsibility for the correctness of information provided to the Council for use in rendering planning services under this Agreement lies with the Local Government. Section 4. Charges. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of this Agreement. B. Ongoing planning services or special projects will be charged as a lump sum or on a time and material basis as mutually agreed by the Local Government and Council staff in accordance with the terms of this Agreement. C. The Local government agrees to make payment to the Council for all properly invoiced requisitions as set forth in Exhibit B, within forty-five (45) days of submission. D. The fee schedule may be revised by mutual written consent, signed by both parties, and included as an addendum to this Agreement. Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of all information produced by the Council prior to its adoption. The Council shall not distribute information prior to its adoption by the Local Government without prior approval. However, nothing contained herein shall prohibit the Council from complying with a valid and properly submitted public records request. B. Once adopted by the Local Government, the Council and the Local Government have the right to distribute information upon request from the public. C. The Council has the right to use any information produced under this Agreement for similar purposes upon removing all reference to the Local Government. Item # 20 Attachment number 2 Page 3 of 6 Section 6. Accounting and Records. A. The Council shall establish an accounting process to identify the costs and revenues associated with the Agreement. All accounting documentation shall be available for inspection, upon request, by the Local Government at any time during the period of this Agreement and for a minimum of three (3) years after payment is made. B. All charged costs shall be supported by the properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. Section 7. Notice. A. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 600 Cleveland Street, Suite 850 Clearwater, Florida 33755 Local Government: City of Clearwater Attn: Cynthia E. Goudeau, City Clerk 112 South Osceola Avenue Clearwater, Florida 33758-4748 Section 8. Construction. A. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. Section. 9. Termination. A. This Agreement may be terminated by either party at any time by giving the other party not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Filing; Effective Date. As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, Florida, after execution by the parties, and shall take effect upon execution of this Agreement. Item # 20 Attachment number 2 Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective March 1, 2005. PINELLAS PLANNING COUNCIL Attest: By: David P. Healey, AICP Executive Director By: Councilmember Bill Foster Chairman Approved as to form: By: Jewel White Cole By: Mayor Jerry Beverland Managing Senior Assistant County Attorney Secretary LOCAL GOVERNMENT Attest: By: Cynthia E. Goudeau City Clerk By: Frank Hibbard Mayor Item # 20 Attachment number 2 Page 5 of 6 EXHIBIT A SCOPE OF SERVICES 1. Ong Planning Assistance A. The Council agrees to consider requests by the City of Clearwater for ongoing planning assistance, and to provide such assistance as Council staff time and schedule permit. B. Ongoing planning assistance may include, but is not limited to, review and interpretation of the comprehensive plan and land development regulations, comprehensive plan and land development regulation amendments, and assistance with applications for development approval, as determined to be consistent with the mission and role of the Council. 11. Special Planning Projects A. The Council agrees to consider requests by the City of Clearwater for assistance with special planning projects, and to provide such assistance as Council staff time and schedule permit. B. Special planning projects may include, but are not limited to, comprehensive plan or land development regulation revisions, neighborhood or special area plans, special planning studies and such other special projects as may be related to or in furtherance of the comprehensive planning process, as determined to be consistent with the mission and role of the Council. Item # 20 Attachment number 2 Page 6 of 6 EXHIBIT B PAYMENT AND RATE CHARGE SCHEDULE 1. Ong Planning Assistance The Council shall requisition by invoice for ongoing planning assistance on a time and materials basis as follows: A. Materials - at the cost to the Council B. Time - based on the following hourly rates: 1. Planning Administrator $72.00/hr 2. Principal Planner - $65.00/hr 3. Program Planner - $45.00/hr 4. Planner - $35.00/hr 5. Office Specialist - $28.00/hr 11. Special Planning Projects The Council shall requisition by invoice for special planning projects in the amount and according to a schedule agreed upon in advance between the City of Clearwater and the Council staff for each such special project. I:AUSERS\WPDOCS\Cities\AGREENEVFJNTERLOC\Clearwater Newto 2007.doc Item # 20 Attachment number 3 Page 1 of 6 t AGREEMENT FOR MAPPING SERVICES THIS AGREEMENT is made and entered into this o?o e day of -2?,?..? 1994, by and between the PINELLAS PEANNIN COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government" . WITNESSETH: WHEREAS, the Council has prepared and maintains the Countywide Future Land Use Plan map under Interlocal Agreement with the Pinellas County Property Appraiser, which Interlocal Agreement also provides for related mapping services; and WHEREAS, the data compiled, stored and reproduced for the Countywide Future Land Use Plan map can be reformatted to produce the Local Government future land use map; and WHEREAS, related mapping services for base maps, zoning maps and special study area maps can be provided in support of the future land use map as may be requested by the Local Government; and WHEREAS, the Local Government desires to avail itself of such mapping services as may be specifically requested from the Council under the terms of this Agreement; and WHEREAS, the Council and the Local Government desire to cooperate in the provision of said mapping services to maximize efficiency, minimize cost and ensure the maximum degree of coordination and accuracy. NOW, THEREFORE, in consideration of the advantages to be realized by this Agreement and the covenants made by each party to the other, the Council and the Local Government agree as follows: Section 1. Authori . This Agreement is entered into pursuant to the specific authority of Sections 5(3) and 5(6) of Chapter 88-464 Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from its effective date through September 30, 1994, after which it shall thereafter automatically renew on an annual twelve month basis unless terminated as herein provided for. Item # 20 Attachment number 3 Page 2 of 6 Section 3. Scope of Services. A. All requests for service to be provided under this Agreement shall be in writing by an authorized representative of the Local Government. B. Upon execution of this Agreement, the Council shall provide a preliminary mock-up of the Local Government future land use map, as derived from and based solely on the Countywide Future Land Use Plan map. C. The Local Government shall identify any changes to the title block, legend, scale, municipal boundaries or other features of the preliminary mock-up that it requests be made and authorize in writing the requested map product(s) by type of material, size, black and white or color, scale and number of copies. D. The Local Government may request, and the Council shall provide, such related mapping services as are available and can be produced under this Agreement. E. Responsibility for the correctness of information submitted to the Council lies with the Local Government. F. The Council shall arrange to print and deliver the map product(s) as requested by the Local Government. G. The Council reserves the right to accept or reject and to schedule all requests for mapping services based on the ability of the Property Appraisers Office to produce the requested map product(s) and the required timetable therefor. Section 4. Charges. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit A, Payment and Charges, attached hereto and hereby made a part of this Agreement. Exhibit A may be amended from time to time by mutual consent of both parties. B. The Council shall requisition by invoice as services are provided according to the rates set forth in Exhibit A, and as same may be amended. C. The Local Government agrees to make payment to the Council for all properly invoiced requisitions consistent with this Agreement and individual requests for services by the Local Government processed in accord therewith. 2 Item # 20 Attachment number 3 Page 3 of 6 Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of mapped information provided under this Agreement. B. The Council shall retain all rights to the original data as compiled for and used in the production of the Countywide Future Land Use Plan from which the Local Government map is produced, consistent with and as specifically provided for under the Interlocal Agreement between the Council and the Pinellas County Property Appraiser. Section 6. Accounting and Records. A. The Council shall have established for the project, accepted accounting system to properly Agreement. Section 7. Notice. practices, an account to be record charges to and re in conformance with currently maintained within its existing venues received under this A. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 14 South Fort Harrison Avenue, Suite 3010 Clearwater, FL 34616 Local Government: City of Clearwater Elizabeth M. Deptula City Manager P. 0. Box 4748 Clearwater, FL 34618 Section 8. Construction. A. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. 3 Item # 20 Attachment number 3 Page 4 of 6 Section 9. Termination. A. This Agreement may be terminated by either party at any time by giving the other parry not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Effective Date. Filing. A. This Agreement shall take effect upon its execution by the Council and Local Government and a copy thereof will be filed with each party. 4 Item # 20 Attachment number 3 Page 5 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year set out above. Attest: By: Da d P. Healey Executive Director PINELLAS PLANNING COUNCIL By: Blaine P. Le Couris Secretary PINELLAS PLANNING COUNCIL Approved As To Form: By: David Sado rnor Assistant County Attorney Attest: By:? Z. Cy thia E. Goudeau Ci Clerk b:\MAPPI N G. M U N/m p 5 PINELLAS PLANNING COUNCIL By: Sue A. Berfield Chairman CITY OF CLEARWATER By: E1 abeth M. Deptula City Manager Approved as to form and correctness: " 4 / 4LA A- M. A. Galbra t , Jr. Senior Assis t City IIMMAZPey Attachment number 3 Page 6 of 6 1 EXHIBIT A PAYMENT AND CHARGES Payment and charges under this Agreement shall be as follows: 1. The Council shall incur the cost and not charge for the initial set-up cost for overlaying municipal boundaries, customizing the title block and legend to produce the preliminary mock-up map (s) and any required revisions thereto. 2. The Local Government shall pay for the printed copies of the map product as requested by the Local Government in each request for services based on the following rates: a. One (1) hour of labor @ $25.00 per hour for each separate order processed. b. Twenty cents ($0.20) per linear inch for plotted opaque paper prints. C. One and one-half dollars ($1.50) per 24" x 36" sheet for plain paper copies. 3. The Local Government shall pay for any requested translation of computerized data (DXF File Conversion) based on the following rate: a. Five and one-half dollars ($5.50) per ,h section. 4. The Council shall provide the Local Government, upon request, a price quote based on the map product(s) ordered in each request for services. 5. The Council shall invoice the Local Government for the map product upon delivery and all invoices will be due and payable within thirty (30 days). 6 Item # 20 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Confirm the Mayor's reappointment of Deborah Woodard as a member to the Clearwater Housing Authority Board with the term to expire September 30, 2014. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY: Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude MEETING DATES: 4th Friday, 9:00 a.m. (Every other month) PLACE: TheVincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM. 1. Deborah Woodard - 3429 Aspen Trail, 33761 - Original Appointment 12/5/02 Interest in Reappointment: Yes (2nd Term expires 9/30/10) (NO OTHER APPLICATIONS ON FILE AT THIS TIME) Zip codes current members on board: 1 at 33756 1 at 33759 2 at 33761 1 at 33767 Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: be boy-o t1, k)ooAeeu-cA Home Address: 5q2- 9 dZe c l 7c2 ( Ce, rW'.X_U'1 zip 33761 Telephone: 7 Z - -7 ,? 7 h `l 2-9 Cell Phone: z C,!Sq ^ ? $ 70 Office Address: C"? zip :3-3765 Telephone: 72-7- q26- - (? Z/ Z) E-mail Address: WcocJZa,-ddoa ci?- ctol. I-Ow1 How long a resident of Clearwater? 5 t UtCg, Occupation: C"__ AAA V?' a E Employer: ?? t vesl? fe mac .. C??u??c'l? Field of Education: Other Work Experience: C41 S??) roj ffivc cc G?qc) If retired, former occupation: [A t7_ C?Ic? c? Svc Community Activities: UL'11 j01Sj-. -6c,4 ?L i^Y1s`?'?c/fi> Oc_L ?Cl ro? Q`Y? G?GUr? PTA lit. &'k C (y" Other Interests: -C Xc V c Board Service (current and past): Board Preference: y Additional Comments: Signed: ???? Date: 5? Z.L L See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your applici EfIVfrI)all, 2nd Floor, 112 S. Osceola Avenue. AUG 19 2010 OFFICIAL RECORDS AND LEGI5LATIVE SRVCS DEPT Item # 21 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 6 -e tie. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 0464 C ?`l c ?c ,-rte . 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? G GL L? U? c (? l C r cr?2 4. Why do you want to serve on this Board? J ZZa, ?co?c 01 - ,7 2 ?? Gcsz? Ze?? GrNu Name: Board Name: Item # 21 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Ariana Lazzaroni to the Sister Cities Advisory Board to fill the youth member vacancy with the term to expire September 30, 2014. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council and a representative of the Clearwater Sister Cities, Inc. MEMBERS: 6 CHAIRPERSON: Lois Sewell MEETING DATES: Quarterly PLACE: Long Center APPOINTMENTS NEEDED: 1 SPECIAL QUALIFICATIONS: Representatives of the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundations shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. Katie Bosley - 2524 Northfield Ln., 33761 - Original Appointment 8/7/08 Resigned 8/13/10 - (was serving 1st term until 8/31/12) (Youth Member) THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE YOUTH MEMBER VACANCY: 1. Ariana Lazzaroni - 1229 Canterbury Road, 33764 - Student (Youth Member) Zip codes of current members: 1 -33764 1 -33765 1 -33767 1 -34698 Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 4 CITY OF CLEARWATER - APPLICATION FOR ADVISORY RQA (must be Clearwater resident) REdiVED Name: Ariana Lazzaroni AlIG 19 7010 Home Address: 1229 Canterbury Road Office Address: OFFICIAL R OMS AND LEGISLATIVE SKVCS DELI' Clearwater, FL Zip 33764 Zip Telephone: (727) 812-1798 Telephone: Cell Phone: (727) 430-3943 E-mail Add ress:arianalazz(cD-yahoo.com How long a resident of Clearwater? 4 years Occupation: Student, Senior Year Field of Education: Employer: Palm Harbor University High School Other Work Experience: International Baccalaureate Program Volunteer - Hospice of The Florida Suncoast If retired, former occupation: Community Activities: Volunteer Coordinator of the National Honor Society, Co-Editor-In-Chief of Palm Harbor University High School's newspaper The Eye, Secretary of the Future Business Leaders of America, Member of the Principal Student Advisory Committee, Member of the French Honor Societv. Ballet Dancer. Cross Countrv Team Other Interests: Economics, Foreign Languages, Cuisine Board Service (current and past): Board Preference: Youth Representative Position Additional Comments: Signed: Date: V 9 11 /?,o 10 Item # 22 Attachment number 1 Page 2 of 4 See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. 0. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Item # 22 Attachment number 1 Page 3 of 4 BOARD QUESTIONNAIRE What is your understanding of the board's duties and responsibilities? I understand that I will attend four quarterly meetings. I also understand that as a board member I will inform the City Council as to what the best decisions would be when maintaining the relationship with Nagano. As a board member, I believe that my main responsibility will be to strengthen the relationship between Nagano and Clearwater, and to ensure that this relationship continues in generosity and friendship. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? No, I have not. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I believe that having personally benefitted and grown from the relationship between Nagano and Clearwater, I would be very well qualified to serve on this board. Through my trip to Na ag no, I myself experienced the significance and beauty of this relationship, thus I feel that I have the emotional connection and passion to truly work to maintain this relationship. I have a very deep personal connection to the Sister Cities liaison because I made many friends in Nagano, and I am very grateful to the International Relations Office in Nagano for being so kind. In addition, I have experience serving on serious boards and committees. For example, I am on a board at my school, Palm Harbor University High School, named the Principal Student Advisory Committee wherein a select group of students meets with the assistant principal and principal to voice the concerns of students. Afterwards, we work together to create plans to ameliorate these situations. Also, I hold positions of responsibility within my school community, such as being Volunteer Coordinator of the National Honor Society and co-editor of out school paper, thus I am accustomed to Item # 22 Attachment number 1 Page 4 of 4 professional positions where dedication and commitment are required. I know how it is to be involved in a board with goals that require involvement and tenacity. 4. Why do you want to serve on this Board? My trip to Nagano was the most touching and rewarding experience of my life. I was astounded not only by the beauty of the country and the interesting culture, but mainly by the boundless generosity with which we were treated. The Japanese people made a difference in the way I regard international relations and personal friendships. They opened my mind to a different way of being but one that was so founded in kindness and courtesy that it was instantly recognizable and comforting. I now realize what it is that defines and creates friendship, and I will be forever grateful to the Japanese for giving me such a wonderful lesson. believe that it is imperative for other students to benefit from this type of program. The more students that experience such munificence and compassion, the more people there will be that will spread these values in our community. Little by little, I believe we can make the world a better place by exposing more and more people to the friendships and love that are created within exchange programs. This is why I want to serve on the Sister Cities Board: to ensure that this extremely important program continue to thrive. I also wish to become a board member in order to remain connected with the Sister Cities program. I hope to maintain this tie in order to be able to participate in hosting the Japanese when they come to visit Clearwater. After receiving so much from them, it is my only wish to be able to treat them as well as thev did me. It would be an honor and a pleasure for me to be able to plan a part in the hospitality preparations to accommodate our Nagano friends. Name: Ariana Lazzaroni Board Name: Item # 22 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to Chapter 2, Administration, Article III, Appointed Authorities, Boards, and Committees and pass Ordinance 8220-10 on first reading. SUMMARY: Changes are needed to Chapter 2, Article 111, Appointed Authorities, Boards and Committees to improve efficiency and bring the code up to date with current procedure. In addition to housekeeping amendments the following are proposed: Section 2.061(2)(b) is being amended to remove the reference to a resident having to live in Clearwater for not less than six months. Staff does not verify this and the provisions regarding excessive absences assure board member participation. Section 2.062 is being amended to allow boards to be established via Resolution, as well as Ordinance. A provision allowing boards to be of limited duration or sunsetted has been added. Requiring staggered terms for boards that are not of limited duration has been added, as well. Section 2.063(2)(e) is being amended to provide that vacancies in mid-term will be filled for the unexpired term being vacated. Section 2.064(3) has been added to reinstate term limits, unless there are no other qualified nominees. Council's practice is to not reappoint someone who has served two full terms. Staff has found themselves in an awkward position of asking the incumbent if they are interested in being reappointed and then having to explain they were not reappointed because they have served two full terms. Section 2.066(1)(d) has been added to address excessive absences for boards meeting on a quarterly schedule. Section 2.067(2) has been amended to make it clear that a board's rules must designate a quorum and that no meeting may be held without a quorum present. Section 2.067(3) has been added to make it clear that all boards are subject to the Sunshine and public records laws. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8220-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO CODE OF ORDINANCES CHAPTER 2, ADMINISTRATION, ARTICLE III, APPOINTED AUTHORITIES, BOARDS, COMMITTEES, DIVISION 1; AMENDING SECTIONS 2.061 THROUGH 2.064 AND 2.066 THROUGH 2.068, AND CREATING SECTION 2.070, REGARDING DEFINITIONS, BOARD ESTABLISHMENT, QUALIFICATIONS, APPOINTMENT, TERMS, RULES OF PROCEDURE, STAFF MEMBERS, AND REMOVAL OF MEMBERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to make certain changes to Code of Ordinances Chapter 2, Article III, Division 1 regarding appointed authorities, boards, and committees, in order to provide for improved administrative efficiency; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 2, Article III, Division 1, Code of Ordinances, Sections 2.061 through 2.064 and 2.066 through 2.068, are hereby amended to read as follows: Sec. 2.061. Application of article; definitions. (1) The provisions of this article shall apply to all appointive boards of the city, except as otherwise provided in this Code. (2) As used in this article: (a) "Board of the city" or "board" means a board, committee, authority, or other entity established by an ordinance or resolution adopted by the city council or by a special act of the Florida Legislature relating solely to the city, and for which the city council has the authority to establish the qualifications for membership. The term does not include an agency of the state or of the county, or an agency established by interlocal agreement, notwithstanding that the city council may appoint one or more members to the board of such agency. (b) "Resident" means a natural person who resides within the City of Clearwater f^ IDCC 4h-n °iv mr_n4 h° in o-nh G-A 1 e R lar year Sec. 2.062. Establishment of new boards. New boards shall be established by ordinance or resolution at the discretion of the city council. An ordinance or resolution establishing a board shall also establish the duties of the board and the qualifications of its members and may establish a time at which the Ordinance No. tM ##(23 Attachment number 1 Page 2 of 5 board will be dissolved or sunsetted. When establishing a board that is not of limited duration, terms of members shall be staggered such that no more than two terms expire in any calendar year. Sec. 2.063. Qualifications and appointment of members. (1) In addition to other qualifications which may be specified for board membership, a person appointed to a board shall be a resident of the city at the time of appointment and shall maintain residency within the city during the term of the appointment as a condition of eligibility to hold office. No employee of the city shall be appointed to membership on a board of the city. As exceptions to the requirements of this section: WP_?.M hnord.q droll be oc+ohlichor! by nrdinonno at the dicnro+inn of the nity nni innil An q alifino+innc of i+c momhorc (a) The firefighters relief and pension fund (also known as the supplementary firefighters retirement fund) board of trustees shall be appointed or elected as provided in section 2.443. (b) The firemen's firefighters pension fund board of trustees shall be elected or, in the case of the mayor and chief of the fire department, assume office as provided in Section 4 5 of Article I of the Related Laws of the city, derived from Chapter 30658, Laws of Florida, Special Acts (1955), or as may be amended from time to time. (c) The gas fitter's examining board shall be appointed as provided in the Gas Code of the City of Clearwater, Florida, 1965, as adopted by Ordinance 1070 on December 6, 1965, or as may be amended from time to time. (d) The P°noiGR fi F" pension advisory committee shall be elected as provided in section 2.394(d). (e) The police officers pension trust fund (also known as the supplementary police officers' retirement fund) board of trustees shall be appointed or elected as provided in section 2.473(1). (f) The Brownfields Advisory Board shall be appointed as provided in section 2.241. (g) The Clearwater Housing Authority shall be allowed to have members that are residents of Pinellas County who are employed within the city limits. This exception shall be limited to not more than two members serving concurrently. (h) The persons appointed to the neighborhood and affordable housing advisory board need not be residents of the city as long as they meet the qualifications set forth in section 2.226(2), except that the person referenced in subsection 2.226(2)-9 6 must be a resident of the city. 2 Ordineltemfllb23 Attachment number 1 Page 3 of 5 The Public Art and Design Board shall be appointed as provided in section 5- 1102 of the Community Development Code. The Sister Cities Board shall be appointed as provided in section 2.251 (2) RY Persgn appeinted to aRy heard of the rit„ Individuals shall be appointed by the city council in the following manner: (a) Any person meeting the qualifications of office and wishing to serve on aboard shall submit his or her name and a brief resume to the city clerk. (b) The city clerk shall notify the city council, in writing, of upcoming vacancies on the boards, and shall provide to the city council the names and brief resumes of the persons who have expressed an interest in serving on each board having a vacancy. (c) At the first regular city council meeting each month, appointments will be made by the council to fill the vacancies. (d) Board members whose terms have expired shall continue to serve until their successors are appointed. (e) When a vacancy due to resignation, removal, or death is filled, the appointment of a replacement member shall take effort en the Fete of appeintMent be to fill the remainder of the unexpired term, except as may otherwise be provided by state law. A vacancy due to expiration of a term shall be filled approximately 30 days in advance, with the appointment effective as of the beginning of the next term. Sec. 2.064. Terms of members. (1) Except as may be required by state law, and notwithstanding any other provision of this Code or a resolution of the city council to the contrary, a term of office on any board shall be for four years. This pF9VisiGn shall ngt apply to aRy member of aRy hgarr! ?.Mhg is Presently seFVing a term of greater gr loss than fgi it years i ptil the--I . atign gf si inh term 1961t this PFGVisign shall apply i 1PGR the expiratioR gf the rV irre.At term gf eanh si inh memher. (2) No person shall serve concurrently on more than one board unless the second board is an ad hoc board, except that a person may serve concurrently on both the neighborhood and affordable housing advisory board and the community development board. (3) No person shall serve more than two consecutive full terms on any one board, unless there are no other qualified nominees. 3 OrdineltemNb23 Attachment number 1 Page 4 of 5 Sec. 2.066. Attendance by members at meetings. Except as may otherwise be provided by law, a member of any board may be removed by the city manager for excessive absences. "Excessive absences" shall mean: (a) For a board which meets monthly on a regular basis, more than four absences, excused or unexcused, in any consecutive 12-month period. For a board which meets less often than monthly on a regular basis, more than three absences, excused or unexcused, in any consecutive 12-month period. (c) For a board which meets more often than monthly on a regular basis, more than five absences, excused or unexcused, in any consecutive 12-month period. For a board which meets quarterly on a regular basis, more than one absence, excused or unexcused, in any consecutive 12-month period. (2) The staff liaison for each board shall be required +^ keep atte-R !o^^° Fer--t9rd-r, -;;Ad- to °hc°^^°c ^f °O^h m°mh°r of +h° heard! notify the city clerk of any board member having a record of excessive absences. The city clerk will notify the city manager and request direction regarding the removal of aRy such board member havir,^ a Per--A-rd- ^f °v^ apaR-PA-R-S. Sec. 2.067. Officers and bylaws rules of procedure. The boards established by the city shall meet annually f^r the ^, Fpes° ^f °' +i r,^ elect one of their members as chairperson and elect+r?g other such officers as may be necessary. Each board shall adopt rules aRd r°^, ,'^+i^^? to govern its proceedings, i^^', 1doRg aRd reg ilo+i^^c ^^"°r^i^^ atteR aRGe and k4ee provide the city clerk a correct record thereof. Each board shall adhere to Robert's Rules of Order to the extent that such rules do not conflict with this ordinance, rules adopted by the board, or applicable state law. The rules shall include establishing a quorum of at least a majority of the board members. No meetinas may be called to order and no business be transacted without a uorum present Board members, including any member appointed to a special task force, shall comply with the public records and public meetings laws and other applicable laws of the State of Florida. Conflicts of interest shall be declared when the applicable item is announced. Sec 2.068. Staff members and ^+h°r °v nffi^in youth members. 4 OrdinelteeiW23 Attachment number 1 Page 5 of 5 (1) The city manager shall appoint a staff member to serve as a liaison with each of the boards established by the city council to assist the board in the performance of its duties. ty empl es shall preyide s ppert fer a beard i IPGR iAVi+o+inn only er as their nffiniol duties may re I tiro (2) The city council shall, when possible, designate a person between the age of 17 and 22 years, who may or may not be an active student, to serve as a member of each of the following boards: The parks and recreation board, library board and sister city board. Section 2. That Chapter 2, Article III, Division 1, Code of Ordinances, Section 2.070, is hereby created to read as follows: Sec. 2.070. Removal of members. The city council may remove a member due to misconduct or neglect of duty. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk 5 Ordinelteeifllb23 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8189-10 on second reading, annexing certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, and 2798 Morningside Drive; 1825 Skyland Drive; 2700 SR 590; 2746, 2752, and 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8189-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1824 AND 1848 CARLTON DRIVE, 1807, 1812, AND1830 DIANE DRIVE, 1720 AND 1759 EL TRINIDAD DRIVE, 1729 EVANS DRIVE, 1704, 1713, 1751 AND 1754 GROVE DRIVE, 1721, 1724, 1729, 1732, 1736, AND 1741 LUCAS DRIVE, 1818, 1825 AND 1830 MARILYN DRIVE, 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, AND 2798 MORNINGSIDE DRIVE, 1825 SKYLAND DRIVE, 2700 SR 590, 2746, 2752, AND 2773 TERRACE DRIVE, 1715, 1725, 1728, AND 1736 THOMAS DRIVE, 1810, 1818, 1819, 1826, 1827, 1834, 1835, AND 1842 WINWOOD DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ATA2010-04005) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Item # 24 Ordinance No. 8189-10 Attachment number 1 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance NolRrj?4 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8190-10 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2784, 2794, and 2798 Morningside Drive; 1825 Skyland Drive; 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, upon annexation into the City of Clearwater as Residential Low (RL); and whose post office addresses are 2773, 2777, 2781, 2785, 2789, 2793, and 2797 Morningside Drive; 2700 SR 590; 2746 and 2752 Terrace Drive; upon annexation into the City of Clearwater, as Residential Low (RL) and drainage feature overlay. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 25 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8190-10 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 GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1824 AND 1848 CARLTON DRIVE, 1807, 1812, AND1830 DIANE DRIVE, 1720 AND 1759 EL TRINIDAD DRIVE, 1729 EVANS DRIVE, 1704, 1713, 1751 AND 1754 GROVE DRIVE, 1721, 1724, 1729, 1732, 1736, AND 1741 LUCAS DRIVE, 1818, 1825 AND 1830 MARILYN DRIVE, 2762, 2784, 2794, AND 2798 MORNINGSIDE DRIVE, 1825 SKYLAND DRIVE, 2773 TERRACE DRIVE, 1715, 1725, 1728, AND 1736 THOMAS DRIVE, 1810, 1818, 1819, 1826, 1827, 1834, 1835, AND 1842 WINWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL), AND WHOSE POST OFFICE ADDRESSES ARE 2773, 2777, 2781 2785, 2789, 2793, AND 2797 MORNINGSIDE DRIVE, 2700 SR 590, 2746 AND 2752 TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property (See Attached Legal Descriptions - Exhibit A) (See Attached Legal Descriptions - Exhibit B) Land Use Category Residential Low (RL) Residential Low (RL) and Drainage Feature Overlay Item # 25 Ordinance No. 8190-10 Attachment number 1 Page 2 of 2 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. 8189-10. 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: Rosemarie Call City Clerk Item # 25 Ordinance No. 8190-10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8191-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1824 and 1848 Carlton Drive; 1807, 1812, and 1830 Diane Drive; 1720 and 1759 El Trinidad Drive; 1729 Evans Drive; 1704, 1713, 1751, and 1754 Grove Drive; 1721, 1724, 1729, 1732, 1736, and 1741 Lucas Drive; 1818, 1825, and 1830 Marilyn Drive; 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, and 2798 Morningside Drive; 1825 Skyland Drive; 2700 SR 590; 2746, 2752, and 2773 Terrace Drive; 1715, 1725, 1728, and 1736 Thomas Drive; 1810, 1818, 1819, 1826, 1827, 1834, 1835, and 1842 Winwood Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8191-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1824 AND 1848 CARLTON DRIVE, 1807, 1812, AND1830 DIANE DRIVE, 1720 AND 1759 EL TRINIDAD DRIVE, 1729 EVANS DRIVE, 1704, 1713, 1751 AND 1754 GROVE DRIVE, 1721, 1724, 1729, 1732, 1736, AND 1741 LUCAS DRIVE, 1818, 1825 AND 1830 MARILYN DRIVE, 2762, 2773, 2777, 2781, 2784, 2785, 2789, 2793, 2794, 2797, AND 2798 MORNINGSIDE DRIVE, 1825 SKYLAND DRIVE, 2700 SR 590, 2746, 2752, AND 2773 TERRACE DRIVE, 1715, 1725, 1728, AND 1736 THOMAS DRIVE, 1810, 1818, 1819, 1826, 1827, 1834, 1835, AND 1842 WINWOOD DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See attached legal description Low Medium Density Residential (LMDR) (ATA2010-04005) 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. 8189-10. Item # 26 Ordinance No. 8191-10 Attachment number 1 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No.l ?ll1? 10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8192-10 on second reading, making amendments to the Clearwater Downtown Redevelopment Plan by adding a new policy supporting the outdoor display of bicycles associated with retail bicycle uses abutting the Pinellas Trail and by expanding the uses allowed east of Garden Avenue. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 3 ORDINANCE NO. 8192-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN; BY AMENDING CHAPTER 3 LAND USE PLAN/REDEVELOPMENT PLAN, GOALS, OBJECTIVES AND POLICIES, BY ADDING A NEW POLICY SUPPORTING THE OUTDOOR DISPLAY OF BICYCLES ASSOCIATED WITH RETAIL BICYCLE USES ABUTTING THE PINELLAS TRAIL; BY AMENDING CHAPTER 3 LAND USE PLAN/REDEVELOPMENT PLAN, DOWNTOWN CHARACTER DISTRICTS, OLD BAY DISTRICT, BY REVISING THE USES SECTION OF THE DISTRICT VISION BY EXPANDING THE USES ALLOWED EAST OF GARDEN AVENUE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater has the authority pursuant to the Rules Governing the Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3.9.5, to adopt and enforce a specific plan for redevelopment in an urban center in accordance with the Central Business District plan category, and said Section requires that a special area plan therefore be approved by the local government; and WHEREAS, the City Council approved the updated 2003 Clearwater Downtown Redevelopment Plan on September 18, 2003 by adopting Ordinance No. 7153-03 and has subsequently amended it; and WHEREAS, the Pinellas County Board of County Commissioners approved the CRA Plan adopted by Ordinance No. 7231-03 on December 16, 2003 and has subsequently amended it; and WHEREAS, the City Council approved the creation of a Redevelopment Trust Fund for the expanded CRA by adopting Ordinance No. 7214-03; and WHEREAS, the Pinellas County Board of County Commissioners approved the creation of a Redevelopment Trust Fund for the expanded CRA adopted by Ordinance No. 7214-03 on February 3, 2004; and WHEREAS, the Countywide Planning Authority approved the updated 2003 Clearwater Downtown Redevelopment Plan as the Special Area Plan for Downtown Clearwater on February 3, 2004 and subsequently approved amendments thereto; and WHEREAS, the requirements of Florida Statutes Section 163.360 regarding the adoption of community redevelopment plans have been met regarding that portion of the amendments proposed hereby which affect the Downtown Community Redevelopment Area, and the requirements of Florida Statutes Section 163.346 regarding notice to taxing authorities and other required notice, as well as all other requirements of Florida Statutes Chapter 163, have been met; and WHEREAS, it is important to accommodate business activities that support the use of the Pinellas Trail as an alternative mode of transportation; and Ordinance No.l$ 024(27 Attachment number 1 Page 2 of 3 WHEREAS, it is advisable to revise certain provisions of the Plan regarding the allowable uses east of Garden Avenue and specifically for the City's Gas Department; and WHEREAS, the proposed amendments were reviewed by the Community Development Board, which is the land planning agency for the City of Clearwater for purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, and the Community Development Board found the proposed amendments to be consistent with the Comprehensive Plan of the City of Clearwater; and WHEREAS, the Community Redevelopment Agency has reviewed the proposed amendments and recommends them to the City Council, and the amended Plan shall serve as the Community Redevelopment Plan for the downtown Community Redevelopment Area of the City of Clearwater; and WHEREAS, the proposed amendments conform to the general plan of the City of Clearwater; and WHEREAS, the proposed amendments will afford maximum opportunity, consistent with the sound needs of the City, for the rehabilitation or redevelopment of the Plan area by private enterprise; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 3, Land Use Plan/Redevelopment Plan, Goals, Objectives and Policies is hereby amended by inserting a new Policy 11 and renumber the remaining policies: Policy 11: The outdoor display of bicycles may be permitted in conjunction with retail bicycle uses abutting the Pinellas Trail. Such display areas shall not be located within the sight visibility triangle, in landscaped areas or in required parking spaces and may only occur during business hours. Section 2. Chapter 3, Land Use Plan/Redevelopment Plan. Old Bay Character District, District Vision is hereby amended as follows: District Vision Uses The Old Bay District is envisioned to be a mixed-use neighborhood supporting the Downtown employment base with residential, limited neighborhood commercial and office uses. A variety of densities and housing styles are encouraged throughout the District, as well as renovations of existing older structures. Ordinance No. 8192-1 0tem # 27 Attachment number 1 Page 3 of 3 This District provides an opportunity for higher-density residential uses along Clearwater Harbor west of Osceola Avenue, provided such development is sensitive to the established low-rise historic character of the District. The eastern frontage of Osceola Avenue may retain its residential use, convert existing buildings to offices, redevelop with residential scale offices or combine these two uses on the same site. North Fort Harrison Avenue is envisioned as the main commercial area providing neighborhood commercial uses on properties on both sides of the street. The area between North Fort Harrison Avenue and Garden Avenue should continue to be a mixed-use area permitting commercial and office development and encouraging the incorporation of residential uses in mixed-use projects. Properties located east of Garden Avenue may be redeveloped with residential uses, residential scale office development or a mix o these two uses. ,- The r»rn nii+hiA Oho s#a-;M east of the ?IARMAC Trail Ohre, ,nh to Myrtle -?a °Y Properties located on Myrtle Avenue or Drew Street east of the Pinellas Trail may retain their current functions and/or transition to a variety of uses including offices, retail, medical facilities, governmental uses and mixed -use development. Redevelopment of these properties should include a connection to the Pinellas Trail and if deemed appropriate, be supportive of transit whether it be rail or bus service. Section 3. The City Manager or designee shall forward said amendments to any agency required by law or rule to review or approve same. Section 4. This ordinance shall take effect immediately upon adoption, subject to the approval by the Pinellas County Board of County Commissioners and the Countywide Planning Authority. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank B. Hibbard Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No. 8192-1 0tem ff 27 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8203-10 on second reading, annexing certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8203-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2271 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF- WAY OF LANDMARK DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The east 965.08 feet of the North'/ of the Southeast Y4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010- 05002) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Item # 28 Ordinance No.8203 -10 Attachment number 1 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 28 Ordinance No.8203 -10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8204-10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8204-10 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 WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2271 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT-OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION IN TO THE CITY OF CLEARWATER, AS RECREATION/OPEN SPACE (R/OS); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category The east 965.08 feet of the North Recreation/Open Space (R/OS) '/ of the Southeast YY4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida less the South 33 feet thereof also less the East 33 feet thereof;; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in O.R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right- of way of Landmark Drive. (ANX2010-05002) Item # 29 Ordinance No. 8204-10 Attachment number 1 Page 2 of 2 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. 8203 -10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 29 Ordinance No. 8204-10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8205-10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2271 Landmark Drive, together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 2 ORDINANCE NO.8205 -10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF LANDMARK DRIVE APPROXIMATELY 650 FEET SOUTH OF MARLO BOULEVARD, DIRECTLY SOUTH OF CHAUTAUQUA PARK EAST, CONSISTING OF A PORTION OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST,WHOSE POST OFFICE ADDRESS IS 2271 LANDMARK DRIVE, TOGETHER WITH ABUTTING RIGHT-OF-WAY ON THE NORTH SIDE OF SUBJECT PARCEL AND THE RIGHT- OF-WAY OF LANDMARK DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS OPEN SPACE/RECREATION (OS/R); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District The east 965.08 feet of the North'/ of the Open Space/Recreation (OS/R) Southeast Y4 of Section 32, Township 28 South, Range 16 East, Pinellas County, Florida, less the South 33 feet thereof; also less the East 33 feet thereof; also less the North 33 feet thereof, all as conveyed to Pinellas County for public road by Quit Claim Deed recorded March 21, 1960 in 0. R. Book 857, Page 544, Public Records of Pinellas County, Florida; together with abutting right-of-way on the north side of subject parcel and the right-of-way of Landmark Drive. (ANX2010-05002) 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. 8203-10. Item # 30 Ordinance No.8205 -10 Attachment number 1 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 30 Ordinance No.8205 -10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8210-10 on second reading, vacating the Drainage and Utility Easement portion commencing at the Southwest corner of Lot 252, Coachman Ridge Tract A-III, (P.B. 88, Pg. 73), run thence S89° 55' 59" E along the South property line of said Lot 252 a distance of 97.5 feet to the Point of Beginning; thence N 00° 04' 01" E a distance of 15 feet, thence S 89° 55' 59" E a distance of 48.1 feet, thence S 45° 19' 58" W a distance of 21.31 feet to a point on the South property line of said Lot 252, thence N 89° 55' 59" W a distance of 32.96 feet to the Point of Beginning. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 2 ORDINANCE NO.8210-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE DRAINAGE AND UTILITY EASEMENT PORTION COMMENCING AT THE SOUTHWEST CORNER OF LOT 252, COACHMAN RIDGE TRACT A-III, (P.B. 88, PG. 73), RUN THENCE S 89° 55'59" E ALONG THE SOUTH PROPERTY LINE OF SAID LOT 252 A DISTANCE OF 97.5 FEET TO THE POINT OF BEGINNING; THENCE N 00° 04'01" E A DISTANCE OF 15 FEET, THENCE S 89° 55' 59" E A DISTANCE OF 48.1 FEET, THENCE S 45° 19' 58" W A DISTANCE OF 21.31 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID LOT 252, THENCE N 89° 55'59" W A DISTANCE OF 32.96 FEET TO THE POINT OF BEGINNING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Jerold B. and Jeannette I. Lightner, owners of real property located in the City of Clearwater, have requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Drainage and utility easement portion commencing at the southwest corner of Lot 252, Coachman Ridge Tract A-III, as recorded in Plat Book 88, Page 73 of the Public Records of Pinellas County, Florida, run thence S 89° 55' 59" E along the south property line of said Lot 252 a distance of 97.5 feet to the Point of Beginning; thence N 00° 04' 01" E a distance of 15 feet, thence S 89° 55' 59" E a distance of 48.1 feet, thence S 45° 19' 58" W a distance of 21.31 feet to a point on the south property line of said Lot 252, thence N 89° 55' 59" W a distance of 32.96 feet to the Point of Beginning. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 31 Ordinance No. 8210 -10 Attachment number 1 Page 2 of 2 Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 31 Ordinance No. 8210 -10 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Country Club SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 32 Horne, William From: Anthony P. Granese [agraneselaw@tampabay.rr.com] Sent: Friday, September 03, 2010 8:16 AM To: Horne, William Subject: CCC Dear Mr. Horne: I write to you on behalf of Cathy Saenz, President of Clearwater Country Club Management, Inc. I acknowledge receipt of your letter of August 26, 2010 with regard to our Lease at Clearwater Country Club. Please be advised that we waive our thirty (30) day cure period in order to expedite the transition to a new operator. We will submit to you a list of our assets and our opinion of the value of those assets. We then would ask the City to determine if it will take certain assets as payment of our rent obligation to the City. We then would ask that the City advise us if the City intends to exercise its option to purchase our remaining assets. You will recall that we intend to sell our assets and use all of the money to pay our vendors. Please advise accordingly, Thank you. Sincerely, Anthony P. Granese, Esq. Anthony P. Granese, P.A. 1014 Drew Street Clearwater, FL 33755 (727) 446-4121 (727) 462-5202 Fax Email: a raneselaw tam aba .rr.com ? hI,J ?ltN IuAA Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Limiting Hours for Outdoor Music SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 33 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Update on Pinellas County Digital Signs - Councilmember Jonson SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 34 N Ln E Q) m C a bA Q N a c cn L U N 0 CL 0 a 0 0 N M O L F5 m 0 217 0 0 U 0 c a -o c s 0 lie Y U m m 0 W U a O a a L v0- a O U C uo U N a a `O E a .7 a L 3 a L a U) dc a r? `o Q. 0 U C a c? (0 CL 4 c ° 0 U a L C 3 a G c O fa O E a L 41 a i ro Q Q H Q N L a L E v O z ,c G x a v 3 m i c 4 0 c c c v ° m v M 3 O 4,1 m M c+ ,o ?a N U = 0 a O C oq c nn ? 'V a L v, N Ln C m a LU V C ra '? 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U C C E 0 V _ D D ° U N Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Summer Neighborhood and Homes of the Quarter Awards SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 35 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Summer Quarter Business Beautification Recognition Award SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 36 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Suicide Prevention Week Proclamation SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 37 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Hispanic Heritage Month Proclamation SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 38 Meeting Date: 9/7/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Clerk Oath of Office SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 39