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09/20/2010 1. Presentations 1.1 Service Awards Attachments WORK SESSION AGENDA Council Chambers - City Hall 9/20/2010 - 9:00 AM 1.2 Present NACWA Gold Awards to Loren Pratt and Jeff Borden for the East and Northeast Wastewater Treatment Plants Attachments 2. Office of Management and Budget 2.1 Adopt Ordinance 8215-10 on second reading, 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. Attachments 2.2 Adopt Ordinance 8216-10 on second reading, adopting an operating budget for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011. Attachments 2.3 Adopt Ordinance No. 8217-10 on second reading, 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. Attachments 2.4 Amend the City's fiscal year 2009/10 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8218-10 and 8219-10 on first reading. Attachments 3. City Auditor 3.1 Approve the filing of the Office Depot settlement offer with the State of Florida Attorney General Settlement Administrator to obtain a claim estimated at $59,999.96, resulting from the City being placed in a higher cost office supplies pricing plan than originally approved. (consent) Attachments 4. Economic Development and Housing 4.1 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) to produce and distribute the Official Clearwater, Florida Visitor Guide in Fiscal Year 2010-2011 at a cost of $26,000 and authorize the appropriate officials to execute same. (consent) Attachments 4.2 Award a contract for professional services pursuant to Clearwater RFP 17-10, Development of an Economic Development Strategic Plan, to TIP Strategies, Inc. of Austin, Texas, for a fee of $75,000, plus out-of-pocket expenses not to exceed $5,000, and authorize the appropriate officials to execute same. (consent) Attachments 4.3 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) Attachments 5. Fire Department 5.1 Approve the October 1, 2010 one-year extension to the Emergency Medical Services Advanced Life Support First Responder Agreement between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 6. Financial Services 6.1 Authorize a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2010 to September 30, 2011, and authorize the appropriate officials to execute same. (consent) Attachments 6.2 Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2010 to September 30, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 6.3 Approve the restructuring of the U.S. Department of Energy Block Grant to move $244,000 grant funding from Electronic Plan Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and move $244,000 of General Fund reserves from Honeywell project 315-94527 to Electronic Plan Submittal project 181-99857. (consent) Attachments 6.4 Increase the authorized not-to-exceed amount for actuarial services to be performed for the City by Gabriel, Roeder, Smith and Company by $100,000 to cover the estimated cost of preparing an analysis of the costs/savings of potential pension plan changes for a new City not-to-exceed amount of $160,000. (consent) Attachments 6.5 Authorize staff to proceed with the potential refunding of the Water and Sewer Revenue Bonds, Series 2002. (consent) Attachments 6.6 Authorize the waiving of the City's rights to issue Recovery Zone Economic Development Bonds and Recover Zone Facility Bonds and authorize the appropriate officials to execute same. (consent) Attachments 7. Gas System 7.1 Approve the first renewal of the contract (Purchase Order) with Mastec North America, Inc. for the period October 1, 2010 to September 30, 2011, for the installation of Gas Mains and Service Lines in the amount of $940,000 and authorize the appropriate officials to execute same. (consent) Attachments 8. Human Resources 8.1 Approve the agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for the period October 1, 2010 through September 30, 2012 and authorize the appropriate officials to execute same.(consent) Attachments 8.2 Approve the agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for the period from October 1, 2010 through September 30, 2012 and authorize the appropriate officials to execute same.(consent) Attachments 9. Information Technology 9.1 Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long distance overflow service, State AIN Centranet lines, and toll free lines during the period of October 1, 2010 to September 30, 2011, at a cost not to exceed $103,530 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Award a contract (Purchase Order) to Oracle America Inc., Redwood Shores, California for the period October 1, 2010 through September 30, 2011 for database maintenance at a cost not to exceed $194,320 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source and authorize the appropriate officials to execute same (consent). Attachments 9.3 Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for cellular/radio, Treo and Blackberry services for the period November 1, 2010 through October 31, 2011 in an amount not to exceed $308,100 in accordance with Sec. 2.564(1)(d), Code of Ordinances, under State Contract 1523 and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period October 1, 2010 to September 30, 2011, at a cost not to exceed $312,800, in accordance with Sec. 2.564 (1)(e), Code of Ordinances, impractical to bid and authorize the appropriate officials to execute same (consent). Attachments 10. Parks and Recreation 10.1 Approve blanket purchase order contract with Grosz Stamper Inc. of Tampa, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation maintenance and construction projects and authorize the appropriate officials to execute same.(consent) Attachments 10.2 Amend Section 22.24 of the City of Clearwater Code of Ordinances to include reference to Appendix A, Schedule of Fees, Rates and Charges, correcting minor scriveners' error in subsection numbering and amending Appendix A to define permanent residence and pass Ordinance 8214-20 on first reading. Attachments 11. Police 11.1 Approve acceptance of a Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $87,366 and authorize the appropriate officials to execute same. (consent) Attachments 12. Solid Waste/General Support Services 12.1 Award a contract (Purchase Order) to Atlantic Truck Center of Pompano Beach, FL for the purchase of one (1) M2-106 Freightliner Conventional Chassis at a cost of $57,953.00 in accordance with Sec. 2.56(1) (d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement for the amount of $43,706.75 and authorize the appropriate officials to execute same; establish Project 316-94239, Public Utilities Boom Truck, at third quarter. (consent) B Attachments 13. Public Utilities 13.1 Approve a contract (purchase order) for MicroCg with Environmental Operating Systems of Bourne, MA for the period September 24, 2010 through September 30, 2011, for a value of $200,229.75 and authorize the appropriate officials to execute same. (consent) Attachments 13.2 Award a contract (purchase order) to Oddessy Manufacturing Company, of Miami, FL, for the purchase of Sodium Hypochlorite in the amount of $1,411,083.51, during the contract period October 1, 2010, through September 30, 2013, as the most responsive bid for RFP 25-10, and authorize the appropriate officials to execute same. (consent) B Attachments 14. Engineering 14.1 Accept a 136 square-foot Sidewalk, Signal Cabinet and Utilities Easement over, under and across a portion of the Northwest 1/4 of Section 15, Township 29 South, Range 15 East, as more particularly described therein, conveyed by 1133 Cleveland Properties, LLC, a Florida limited liability company, granted in consideration of receipt of $2,856 and the benefits to be derived therefrom. (consent) Attachments 14.2 Accept a 1340-square-foot Sidewalk and Utilities Easement over, under and across portions of Lots 1, 2, 3 and the West 10 feet of Lot 4, MATTISON SQUARE, as more particularly described therein, conveyed by 801 W Bay, LLC, a Florida limited liaiblity company, granted in consideration of receipt of $17,997 and the benefits to be derived therefrom. (consent) Attachments 14.3 Accept a 7-foot Sidewalk and Utilities Easement over, under and across that portion of the East 47 feet of Lot 4 and all of Lot 5, MATTISON SQUARE, as more particularly described therein, conveyed by Dennis H. and Jacqueline L. Henegar, in consideration of receipt of $7,500 and the benefits to be derived therefrom. (consent) Attachments 14.4 Approve the applicant's request to vacate the east 10 feet of a 20 foot right of way easement that lies along the west property line of property located at 113 North Betty Lane as more particularly described in the ordinance and approve Ordinance 8221-10 on first reading. (VAC2010-05 SP Country Club Homes, LLC) Attachments 14.5 Approve a work order to Camp Dresser and McKee, Inc. (CDM) in the amount of $1,180,867 for engineering design and permitting of the Reverse Osmosis Plant 1 Expansion Project (09-0018-UT); and the appropriate officials be authorized to execute same. (consent) Attachments 14.6 Approve Supplemental Work Order 1 to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to provide additional engineering design and permitting services for the Spring Branch Conveyance Enhancements Project for the lump sum of $30,599 and authorize the appropriate officials to execute same.(consent) Attachments 14.7 Approve a Legal Service Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental issues in the amount of $50,000 and authorize the appropriate officials to execute same. (consent) B Attachments 14.8 Approve a Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Brackish Facility at Water Treatment Plant 2 (N176); Approve a work order to SDI Environmental Services, Inc. (EOR) in the amount of $1,397,936.00 for hydrogeologic services related to the design and construction of a brackish-water wellfield; Approve a work order to Legette, Brashears and Graham, Inc. (EOR) in the amount of $140,026 for hydrogeological services related to design, permitting and implementation of a testing program for a concentrate injection well to be located at Water Treatment Plant 2; and authorize the appropriate officials to execute same. (consent) Attachments 15. Planning 15.1 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1401 Lemon Street (Lot 18, Block B, Sunny Park Groves in Section 23, Township 29 South, Range 15 East)and pass Ordinances 8206-10,8207-10 and 8208-10 on first reading. (ANX2010-06001) Attachments 15.2 Approve amendments to the Community Development Code regarding overnight accommodations accessory uses in the commercial and tourist districts, sidewalk vendors, commercial docks, parking and outdoor storage in residential districts, enforcement provisions relating to nuisance violations, and the distance between community residential homes, and pass Ordinance 8211-10 on first reading. (TA2010- 07002) Attachments 16. Official Records and Legislative Services 16.1 Approve the 2011 Council Meeting Schedule Attachments 17. Legal 17.1 Adopt Ordinance 8220-10 on second reading, Amending Code of Ordinances Chapter 2, Administration, Article III, Appointed Authorities, Boards Committees, Division 1, regarding definitions, board establishment, qualifications, appointment, terms, rules of procedure, staff members, and removal of members. B Attnchmentc 18. City Manager Verbal Reports 18.1 City Manager Verbal Reports Attachments 19. Council Discussion Items 19.1 Crest Lake Park Attachments 19.2 Parasailing Regulations - Mayor Hibbard Attachments 19.3 Creating Policy regarding Inviting Former Councilmembers to Events - Jonson B Attachments 19.4 Environmental Advisory Board Work and Focus - Councilmember Jonson AttnchmPntc 20. Closing Comments by Mayor 21. Adjourn Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: Five Years of Service Benjamin McBride Christopher Maine Fred Morris Jeff Roberts Kelly Rogers Nathaniel Brooks Pietro Mattiace Brian Philbin Bruce Griffin Jerry Bittner Ruth Jansen Ten Years of Service Scott McGrail Brian Craig Ronald Rice Fifteen Years of Service Al Hinson Andre Lambert David Stewart Wildred Jones Twenty Years of Service Keith Bush Gary Johnson John Cavaliere John Insco Larry Harbert Michael Kachurik Michael Stewart Scott Dawson Thomas Fisherkeller Twenty-five Years of Service Donald Davis Karen Smoak Brian Stratton John Allen Kelly O'Brien Thirty Years of Service Gordon Jerrell Tracey Bruch Virginia Costa Fire Fire Fire Fire Parks & Recreation Fire Solid Waste/General Services Engineering Gas Fire Police Fire Parks & Recreation Engineering Fire Public Services Public Utilities Solid Waste/General Services Finance Police Police Police Police Police Police Police Police Information Technology Customer Service Public Utilities Public Utilities Engineering Gas Engineering Fire Cover Memo Item # 1 Review Approval: 1) Clerk Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Present NACWA Gold Awards to Loren Pratt and Jeff Borden for the East and Northeast Wastewater Treatment Plants SUMMARY: 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 # 2 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8215-10 on second reading, 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 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. rate. Section 2. The levy of 5.1550 mills constitutes a 10.52% decrease from the rolled back 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) 811-10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8216-10 on second reading, adopting an operating budget for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 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. IteT, # 4 Ordinance No. 8216-10 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 I te2T # 4 Ordinance No. 8216-10 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 14-10 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 14-10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 8217-10 on second reading, 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. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 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 # 5 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 # 5 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 4480415-10 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 4480415-10 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.#257-10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2009/10 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 8218-10 and 8219-10 on first reading. SUMMARY: The fiscal year 2009/10 Operating and Capital Improvement Budgets were adopted in September 2009 by Ordinances 8100-09 and 8101-09. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and accompanying report provide this information and outlines the issues at third quarter that require amendment. 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 3 Third Quarter Budget Review Fiscal 2009-10 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Jill Silverboard, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: September 16, 2010 Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October, 2009 through June, 2010) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $3,576,882. The major reason for the overall General Fund expenditure increase includes a budget increase of $2,141,976.32 in Police and Fire for the supplemental pension plans which is offset by plan revenue. Historically, these revenues and expenditures were reflected in a separate fund, but the Government Finance Officers Association (GFOA) requires that the supplemental plans be reflected in the General Fund. The balance of the increase is attributed to allocations from General Fund retained earnings which include the following: $1,270,000 to cover the cost of retirements for the incentive package, $200,000 for pension changes, and $3,596 for light buoys adjacent to the Clearwater Pass Jetty; all of which were previously approved by Council. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2009 books, and the allocation of reserves noted above, estimated General Fund reserves at third quarter are approximately $17.8 million, or 15.4% of the current year's General Fund budget, exceeding our reserve policy by $8 million. Significant amendments to other City Operating Funds are noted as follows. Item # 6 Attachment number 1 Page 2 of 3 Third Quarter Budget Review Fiscal 2009-10 City Manager's Transmittal Water & Sewer Fund Budget amendments to the Water and Sewer Fund reflect a net increase of $12.9 million in budgeted expenditures primarily the result of the restructure of current Water and Sewer Utility funding in capital improvement projects which was approved by the Council in August. Amendments also include an allocation of $450,000 of Water and Sewer Fund reserves to pay for the cost of the retirement packages for Water and Sewer Fund employees, as approved by Council in July. Gas Fund Budgeted expenditure amendments reflect a net reduction of $973,210. Amendments include adjustments to budgeted operating expenditures to better reflect actual expenses which include reductions to fuel costs, resale items and other promotional items. Amendments also reflect an allocation of $26,500 of Gas Fund reserves to pay for the cost of the retirement packages for Gas Fund employees, as approved by Council in July. Solid Waste Fund Budget amendments to the Solid Waste Fund reflect an net decrease of $411,500 which is primarily the result of reductions in dump fees due to lower than expected tonnages; personnel savings due to vacancies; and garage services. Amendments also reflect an allocation of $80,000 of Solid Waste Fund reserves to pay for the cost of the retirement packages for Solid Waste Fund employees, as approved by Council in July. Recycling Fund Budgeted expenditure amendments reflect an allocation of $50,000 of Recycling Fund reserves to pay for the cost of the retirement packages for Recycling Fund employees, as approved by Council in July. Marina Fnnd Third quarter expenditure amendments in the Marina Fund reflect an increase of $200,000 in cost of goods sold representing better than projected increases in fuel sales. Downtown Boat Slip Fund Third quarter expenditure amendments in the Downtown Boat Slip Fund reflect a net decrease of $75,000 to offset the loss of revenues anticipated for the fiscal year due to the delay in the scheduled opening of the boat slip operation. Airpark Fund Third quarter expenditure amendments reflect a transfer of $25,000 of retained earnings to project 315- 94863, Airpark Runway Repairs, as approved by the Council in June. Parking Fund Third quarter expenditure amendments in the Parking fund reflect a net decrease of $493,558 which offset revenue reductions needed due to lower than projected revenues. Amendments include reductions to rental expense due to termination of the temporary Patel Lot lease; reductions to interest expense due to early repayment of the General Fund and Central Insurance fund loans, as approved by the Council in February; and an allocation of $40,000 of Parking Fund reserves to pay for the cost of the retirement packages for Parking Fund employees, as approved by Council in July. Item # 6 Attachment number 1 Page 3 of 3 Third Quarter Budget Review Fiscal 2009-10 City Manager's Transmittal Harborview Fund At third quarter, expenditure amendments in the Harborview fund reflect a net increase of $97,124 to cover unexpected expenses. Of this increase, $82,124 was approved by the Council in July, and an additional $15,000 has been added to cover higher than expected utility costs. This expenditure increase is offset by the revenue generated from the sale of surplus furniture and fixtures recognized in mid-year amendments. Administrative Services Fund At third quarter, the Administrative Services fund reflects a net decrease of $24,075 primarily due to the reduction of telephone charges which is the result of savings from moving lines from circuits to fiber in the current year. This reduction was offset by an allocation of $925 of Administrative Services Fund reserves to cover unemployment costs for the Graphics Supervisor position which was eliminated in the current year's budget; and an allocation of $100,000 of Administrative Services Fund reserves to pay for the cost of the retirement packages for Administrative Services Fund employees, as approved by Council in July. Garage Fund Budgeted expenditure amendments reflect an allocation of $70,000 of Garage Fund reserves to pay for the cost of the retirement packages for Garage Fund employees, as approved by Council in July. Capital Improvement Fund Third quarter amendments to the Capital Improvement Fund reflect an increase of $3,363,951. This increase is primarily a result of recognizing $1,099,717 of interest earnings from the Water and Sewer Revenue Bond Construction fund in project 315-96621, Water Treatment Plant - New Presses. Other large increases represent grant funding in the following projects previously approved by Council: $768,981 in project 315-96767, Reverse Osmosis at Reservoir #2; $565,699 in project 315-93408, Beach Recreation Center Boat Ramp Replacement; and $477,000 in project 315-96630, Sanitary Sewer Extension. Project budget increases not previously pproved by the Council are also summarized on page 20. The largest of these proposed increases represents $1,099,717 of sewer revenue in project 315-96621, Waste Water Treatment Plant - New Presses, from the Water and Sewer Revenue Bond Construction fund representing excess cash equal to interest earnings from third quarter FY 2009 and the first through third quarters of FY 2010. Special Program Fund The Special Program Fund reflects a net budget increase of $3,464,417 at third quarter. Amendments include the recognition of $2,100,000 of reserves from various funds for retirement incentive packages as approved by the Council in July. Also included is the recognition of $200,000 from the General Fund reserves for the Pension Changes project, and $244,000 in General Fund reserves representing a transfer from capital project 315-94527, Honeywell Performance Contract; both of which were previously approved by Council. Other significant amendments reflect more than $211,000 for the special events and sponsorships programs in the last three months; over $132,000 from police fines and court proceeds to support public safety programs; over $92,000 in grant revenues primarily related to Police projects; and over $348,000 in revenues for police outside duty contractual services and School Resource Officers. Item # 6 CITY OF CLEARWATER THIRD QUARTER SUMMARY 2009/10 FY 09/10 Amended Third Third Third Adopted Previous Quarter Quarter Quarter Amended Description Budget Quarter Projected Actual Variance % Adjustment Budget General Fund: Revenues 115,453,300 128,084,484 100,658,242 101,707,004 1,048,762 1% 3,576,882 131,661,366 Expenditures 115,453,300 128,084,484 103,838,369 100,487,164 3,351,205 3% 3,576,882 131,661,366 Utility Funds: Water & Sewer Fund Revenues 58,827,450 61,189,925 46,484,525 42,778,761 AttaQT17Q5wTfb4r) -8% 10,448,779 71,638,704 Expenditures 58,672,340 58,672,340 44,665,255 42,894,931 PageJ V0,324 4% 12,966,364 71,638,704 Stormwater Fund Revenues 15,579,600 15,579,600 10,822,359 11,260,045 437,686 4% 404,500 15,984,100 Expenditures 15,579,600 15,579,600 13,228,982 13,069,971 159,011 1% 26,500 15,606,100 Gas Fund Revenues 42,901,470 46,420,259 30,333,416 31,215,335 881,919 3% (929,000) 45,491,259 Expenditures 40,528,040 43,062,819 34,943,237 33,960,526 982,712 3% (973,210) 42,089,609 Solid Waste Fund Revenues 18,823,080 19,005,080 14,299,319 14,378,374 79,055 1% 150,000 19,155,080 Expenditures 18,759,080 17,965,598 13,655,208 13,017,808 637,401 5% (411,500) 17,554,098 Recycling Fund Revenues 2,949,470 3,199,291 2,059,169 2,179,509 120,340 6% 158,540 3,357,831 Expenditures 2,949,470 2,845,510 2,163,784 2,189,796 (26,012) -1% 50,000 2,895,510 Enterprise Funds: Marine Fund Revenues 4,850,380 3,864,880 2,692,797 3,082,696 389,899 14% 250,000 4,114,880 Expenditures 4,552,760 3,862,660 2,770,471 3,011,556 (241,085) -9% 200,000 4,062,660 Airpark Fund Revenues 249,000 416,000 353,750 380,427 26,677 8% 25,000 441,000 Expenditures 194,070 369,070 325,005 309,165 15,840 5% 25,000 394,070 Downtown Boat Slips Fun d Revenues 631,260 175,150 113,650 65,780 (47,870) -42% (62,000) 113,150 Expenditures 464,230 154,545 77,273 38,572 38,700 50% (75,000) 79,545 Parking Fund Revenues 5,405,020 9,260,720 4,160,029 3,525,267 (634,762) -15% (400,000) 8,860,720 Expenditures 5,172,020 9,027,720 7,710,328 7,256,195 454,133 6% (493,558) 8,534,162 Harborview Center Revenues 163,080 315,751 304,088 389,665 85,577 28% 74,700 390,451 Expenditures 163,080 168,080 155,285 207,350 (52,065) -34% 97,124 265,204 Internal Service Funds: General Services Fund Revenues 4,991,540 4,991,540 3,743,661 3,762,471 18,810 1% 2,500 4,994,040 Expenditures 4,991,540 4,991,540 3,871,834 3,743,936 127,898 3% 2,500 4,994,040 Administrative Services Revenues 9,430,000 9,459,294 7,072,521 6,921,017 (151,504) -2% (24,075) 9,435,219 Expenditures 9,224,590 9,253,884 7,227,484 6,556,750 670,735 9% (24,075) 9,229,809 Garage Fund Revenues 12,824,540 13,030,286 9,618,408 8,947,636 (670,772) -7% 70,000 13,100,286 Expenditures 12,824,540 13,030,286 9,999,713 9,165,916 833,797 8% 70,000 13,100,286 Central Insurance Fund Revenues 19,161,320 28,851,320 18,948,433 18,113,620 (834,813) -4% 40,000 28,891,320 Expenditures 18,208,370 23,273,370 18,749,604 18,633,451 116,153 1% - 23,273,370 Item # 6 Attachment number 3 Page 1 of 2 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2009-10 REPORT General Fund Operating Budget ................. Utility Funds Operating Budget .................... Other Enterprise Funds Operating Budgets Internal Service Funds Operating Budgets. Capital Improvement Program Budget........ Special Program Fund Budget ..................... Special Development Funds ........................ Administrative Change Orders ..................... Ordinances ................................................... PAGE # .. 3 .. 9 14 18 22 39 49 52 54 Third quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents nine months, October 1, 2009 through June 30, 2010. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2010. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 17, 2009. Third Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Third Quarter Actual Self-explanatory. Variance Difference between Third Quarter projected and Third Quarter actual. Variance % % of variance to Third Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Third Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. Item # 6 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2009/10 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2009, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Third Quarter review. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. 2 Item # 6 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2009/10 Property Taxes 155,045 Utility Taxes Description Increase/ (Decrease) Attachment number 4 Page 1 of 3 By the end of August, basically all property tax revenues have been received. The budget is adjusted to reflect actual collections for the year. Utility tax revenues are approximately 10% greater than budgeted at third quarter, and approximately 17% greater than the same period last year, primarily due to the abnormal weather patterns. An increase of $900,000 is recommended to bring the budget in line with actual collections and estimated collections for the final months of the year. 900,000 Intergovernmental Sales Tax Communications Tax Other Intergovernmental At third quarter, sales tax revenue reflects a 12% negative variance primarily related to the timing of revenue collection. Adjusted for timing, revenues are approximately 1% greater than anticipated for this year and 2% lower than the same period of fiscal year 2008/09. No amendments are proposed. At third quarter, communications tax revenue reflects a 21% negative variance due to a timing difference between actual receipts and budget revenues. Adjusted for timing, revenues are 10% less than expected for the year and 9% lower than the same period of fiscal year 2008/09. A decrease of $800,000 is recommended to bring the budget in line with actual collections (800,000) and estimated collections for the final months of the year. Other Intergovernmental revenues reflect a net increase of $2,165,578.34 at third quarter. Amendments include: 1) overtime reimbursements of $11,431.65 supporting the U.S. Immigrations and Customs Enforcement program, and $12,170.37 supporting the Drug Enforcement Agency which offset expenditure increases in the Police Department; and 2) an increase of $2,141,976.32 based upon direction of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, but instead recorded as a revenue and as an expenditure for City 2,165,578 employer contributions in the General Fund budget. Item # 6 City of Clearwater Attachment number4 General Fund Revenues Page 2 of 3 Third Quarter Amendments FY 2009/10 Increase/ (Decrease) Description Charges for service revenues reflect a 10% negative variance at third quarter, this variance is due to reduced admissions revenue as well as a timing variance in the receipt of facilities fees and special activities fees. Revenue amendments reflect a net reduction of $91,500. Reductions in various Parks and Recreation revenues total $167,500 which include amendments to admissions, special activities, resident cards and contractor revenues. These revenue reductions are offset by reductions in operating expenses in the Parks and Recreation department. Amendments to Pier 60 revenues reflect an increase of $76,000 which include increases to fishing admissions, concession sales, cigarette sales, and Charges for Service (91,500) concession souvenirs. Fines and forfeiture revenues are approximately 17% less than anticipated at third quarter. Third quarter amendments reflect a decrease of $72,000 in Code Enforcement Fines, due Fines & Forfeitures (72,000) to reduced revenue collections. At third quarter, miscellaneous revenues reflect a 10% positive variance. This is primarily related to a payment from the Clearwater Library Foundation of $50,000 toward their pledge for the Main Library construction. No amendments are Miscellaneous proposed. Third quarter budget amendments reflect the following: 1) the return of $10,022.55 from closed special program project 188- 99141, Historic District Evaluation; 2) the return of $10,000 from closed special program project 188-99142, Design Review; 3) the return of $15,000 from closed special program project 188-99143, Enclave Annexation; 4) the return of $1,728.58 from closed capital improvement project 315-93265, Beach Library/Recreation Center Renovations; and 5) the Interfund Charges/ return of $3,608 from closed public art project 325-93265, Transfers In 40,359 Beach Library/Recreation Center Renovations. Item # 6 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2009/10 Transfer (to) from Surplus Net Transfer (to) from Retained Earnings Description Increase/ (Decrease) Attachment number 4 Page 3 of 3 Third quarter amendments reflect the following allocations of General Fund reserves: 1) An appropriation of $1,270,000 from retained earnings to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as 1,270,000 approved by the City Council on July 15, 2010. 2) An appropriation of $200,000 of from retained earnings to Special Program project 181-99863, Pension Changes, to cover costs incurred including legal and actuary services related to making changes to the pension plan, as approved by 200,000 the Council on August 5, 2010. 3) An appropriation of $3,596 from retained earnings to Non- Departmental Program to provide the remaining funding needed for the installation of three light buoys adjacent to the Clearwater Pass Jetty as approved by the Council September 3,596 9, 2010. 4) The additional revenue recognized at third quarter can be transferred to General Fund Retained earnings, offsetting the allocations noted above and resulting in a net transfer of (194,197) $1,279,399.06 from General Fund Retained earnings. 1,279,399 Net General Fund Revenue Amendment 3,576,882 Item # 6 City of Clearwater Attachment number 5 Y Page 1 of 2 General Fund Expenditures Third Quarter Amendments FY 2009/10 Increase/ (Decrease) Description At third quarter, the City Attorney's Office reflects a 22% positive variance. This is due to the lack of the need for the use City Attorney's Office of outside council. No amendment is proposed. Third quarter expenditure amendments in the Fire department reflect an increase of $1,280,981.91 for the City's contribution to the Fire Supplemental plan based upon guidance of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire Supplemental plans should not be received by the plans, but instead be recorded as a revenue and an expenditure for City employer contributions in the General Fund. This budget expenditure increase is offset by a revenue amendment recognizing the supplemental revenue. A second amendment will transfer $10,000 in operating savings to project 315-91221, EMS Capital Equipment, for the purchase of equipment, which has a zero net Fire 1,280,982 budget impact. Third quarter expenditure amendments in the Pier 60 program reflect a net increase of $78,207.19. Amendments include: 1) a $23,000 increase in Part-time Salaries due to the increased use of part time hours to cover the extended leave of a long time employee; 2) a $50,000 increase in Inventory Purchases; and 3) a $5,207.19 increase in personnel codes due to final leave payout. With the exception of leave payout, these increases are Marine & Aviation 78,207 offset by increased revenue amendments. Third quarter expenditure amendments reflect a net increase of $27,000. Amendments include; an increase to professional services due to increased costs from the Supervisor of Elections for the 2010 Election; and increase to unemployment cost due to Official Records and the elimination of the Assistant Director position; and an Legislative Services 27,000 increase in postage primarily due to election mailings. Third quarter expenditure amendments reflect a net reduction of $167,500 in various operating codes in the Parks and Recreation Department which offset the associated revenue reduction amendments. A second amendment will transfer operating savings of $10,000 to capital project 315-93619, Ross Norton Ballfield Improvements as approved by the City Council on August 5, 2010. This amendment has a $0 net change to the Parks & Recreation (167,500) general fund. Item #6 City of Clearwater Attachment number 5 Y Page 2 of 2 General Fund Expenditures Third Quarter Amendments FY 2009/10 Increase/ (Decrease) Description Third quarter expenditure amendments reflect a net increase of $884,596.43. Amendments include: 1) an increase to overtime by $23,602.02 which is offset by revenue amendments recognizing the reimbursements received for overtime from ICE (The Department of the Treasury) and overtime from DEA (US Department of Justice, Drug Enforcement Agency); and 2) an increase of $860,994.41 for the City's contribution to the Police Supplemental plan based upon guidance of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire Supplemental plans should not be received by the plans, but instead be recorded as a revenue and an expenditure for City employer contributions in the General Fund. This budget expenditure increase is offset by a Police 884,596 revenue amendment recognizing the supplemental revenue. At third quarter, the Public Communications department reflects a 15% positive variance. This is primarily due to operating savings in Contractual Services, Building and Maintenance Public Communications Variable, and Printing & Binding; no amendment is proposed. Non-Departmental A transfer of $3,596 of General Fund unappropriated retained earnings to the Non-Departmental Program was approved by the Council on September 9, 2010 to provide the remaining funded needed for the installation of three light buoys adjacent to the 3,596 Clearwater Pass Jetty. The budget amendment reflects City Council approved interfund transfers of $1,470,000 to Capital Improvement and 1,470,000 Special Program projects, as follows: 1) A transfer of $1,270,000 of General Fund unappropriated retained earnings to special program project 181-99874, Retirement Incentive Program, to cover the cost of early retirement incentive packages as approved by the Council on July 15, 2010. 2) A transfer of $200,000 of General Fund unappropriated retained earnings to special program project 181-99863, Pension Changes, as approved by the Council on July 15, 2010. 1,473,596 3) A transfer of $244,000 of General Fund unappropriated retained earnings to special program project 181-99857, Electronic Plan Submittal, representing the return of $244,000 from project 315-94527, Honeywell Performance Contract. This amendment has a zero net effect on General Fund expenditures and was approved by council on September 22, 2010 Net General Fund Expenditure Amendment 3,576,882 7 Item #6 GENERALFUND THIRD QUARTER REVIEW For Nine Month Period of October 1, 2009 - June 30, 2010 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Pro en1 nT"if Amended Budget Projection Actual Variance % Amen meeTnt Budget GENERALFUND GENERAL FUND REVENUES Property Taxes 41,786,420 40,386,420 41,902,153 1,515,733 4% 155,045 41,941,465 Franchise Fees 10,152,000 6,819,667 6,566,215 (253,452) 4% 0 10,152,000 Utility Taxes 12,321,860 7,846,717 8,602,497 755,780 10% 900,000 13,221,860 Licenses, Permits & Fees 3,550,000 2,060,003 2,029,560 (30,443) -1% 0 3,550,000 Intergovernmental Sales Tax 5,313,000 3,542,000 3,114,796 (427,204) -12% 0 5,313,000 Communications Services Tax 6,814,600 4,543,064 3,568,116 (974,948) -21% (800,000) 6,014,600 Other Intergovernmental 11,367,582 7,629,714 7,677,709 47,995 1% 2,165,578 13,533,161 Charges for Services 3,843,660 2,927,558 2,620,949 (306,609) -10% (91,500) 3,752,160 Fines & Forfeitures 677,300 495,478 411,970 (83,508) -17% (72,000) 605,300 Interest Income 1,140,000 799,000 804,804 5,804 1% 0 1,140,000 Miscellaneous Revenues 975,500 726,634 798,487 71,853 10% 0 975,500 Interfund Charges / Transfers In 27,806,432 22,881,987 23,609,748 727,761 3% 40,359 27,846,791 OPERATING REVENUES 125,748,354 100,658,242 101,707,004 1,048,762 1% 2,297,482 128,045,837 Transfer (to) from Surplus 2,336,130 0 0 0 - 1,279,399 3,615,529 TOTAL REVENUES 128,084,484 100,658,242 101,707,004 1,048,762 1% 3,576,882 131,661,366 GENERAL FUND EXPENDITURES City Council 304,920 234,760 207,115 27,645 12% 304,920 City Manager's Office 1,274,680 1,007,591 953,225 54,366 5% 1,274,680 City Attorney's Office 1,623,430 1,249,998 973,257 276,741 22% 1,623,430 City Auditor's Office 182,410 145,488 144,228 1,260 1 % 182,410 Development & Neighborhood Svc - - - 0 - - Economic Development & Housinc 1,374,570 1,070,868 1,033,373 37,495 4% 1,374,570 Engineering E it S i 7,441,890 5,827,809 5,551,167 276,642 0 5% - 7,441,890 qu y erv ces - - - - Finance 2,195,470 1,729,277 1,654,907 74,370 4% - 2,195,470 Fire 21,760,100 17,269,376 16,913,162 356,214 2% 1,280,982 23,041,082 Human Resources 1,108,350 863,202 796,843 66,359 8% - 1,108,350 Library 5,710,940 4,586,556 4,403,720 182,836 4% - 5,710,940 Marine & Aviation 564,440 434,113 459,855 (25,742) -6% 78,207 642,647 Non-Departmental 17,415,292 16,565,841 16,587,955 (22,114) 0% 1,473,596 18,888,888 Office of Management & Budget 285,690 227,754 226,691 1,063 0% - 285,690 Official Records & Legislative Svc_ 1,087,520 843,419 887,195 (43,776) -5% 27,000 1,114,520 Parks & Recreation 19,733,130 15,402,696 14,619,770 782,926 5% (167,500) 19,565,630 Planning & Development 4,779,890 3,792,786 3,613,515 179,271 5% - 4,779,890 Police 37,433,282 29,771,054 28,856,895 914,159 3% 884,596 38,317,879 Public Communications 1,031,750 807,672 688,689 118,983 15% - 1,031,750 Public Services 2,580,000 2,008,109 1,915,604 92,505 5% 2,580,000 Allocation to GF Reserve 196,730 - - 0 - - 196,730 TOTAL EXPENDITURES 128,084,484 103,838,369 100,487,164 3,351,205 3% 3,576,882 131,661,366 Item # 6 City of Clearwater Utility Funds Third Quarter Amendments FY 2009/10 Water & Sewer Fund Revenues Expenditures Increase/ (Decrease) 10,448,779 12,966,364 Description Attachment number 7 Page 1 of 3 At third quarter, anticipated revenues of the Water & Sewer Fund are equal to anticipated expenditures for fiscal year 2009/10. Third quarter revenue amendments in the Water and Sewer fund reflect a net increase of $10,448,778.92, made up of the following amendments: 1) an allocation of $10,224,781 of Water & Sewer fund reserves to restructure project funding in current year projects to agree with the 2010 Burton and Associates interim rate study; 2) an allocation of $1,099,717.10 of Water & Sewer fund reserves transferred to project 315-96621, WWTP New Presses representing interest earnings from 4th quarter FY09 and the first three quarters of FY10; 3) an allocation of $63,360.82 of Water & Sewer fund reserves transferred to project 315-96742, Line Relocation - Capitalized, representing cash refunded from MOT for project SR590 from Old Coachman to west of Coachman Crossing; 4) a decrease of $1,389,080 in Water, Sewer and Reclaimed Revenue; and 5) an allocation of $450,000 of Water & Sewer fund reserves for project 181-99874, Retirement Incentive Program to cover the cost of retirement incentive packages as approved by the Council on July 15, 2010. Third quarter expenditure amendments reflect a net increase of $12,966,363.92, which includes the following: 1) a transfer of $12,742,366 to the Capital Improvement fund to restructure project funding. Transfers include $1,176,030 to 315-96611, Bio-Solids Treatment; $1,000,000 to 315-96619, WWTP Generator Replacements; $3,489,196 to 315-96665, Sanitary Sewer R&R; $1,548,400 to 315-96666, WWTP East Bypass & NE Pump; $1,110,000 to 315-96686, Pump Station Replacement; $165,660 to 315-96742, Line Relocation Capitalized; $500,000 to 315-96752, Water Service Lines; and $3,753,080 to 315-96767,Water Reverse Osmosis at Reservoir #2. These amendments were approved as part of the Water and Sewer Utility restructuring of projects approved by the Council on August 5, 2010; 2) a transfer of $1,099,717.10 to project 315-96621, WWTP New Presses representing interest earnings; 3) a transfer of $63,360.82 to project 315-96742, Line Relocation - Capitalized, representing a MOT refund; 4) a decrease of $1,389,080 in water purchases; and 5) a transfer of $450,000 to Special Program project 181-99874, Retirement Incentive Program to cover the cost of retirement incentive packages as approved by the Council on July 15, 2010. Item #6 City of Clearwater Utility Funds Third Quarter Amendments FY 2009/10 Stormwater Fund Revenues Expenditures Description Increase/ (Decrease) Attachment number 7 Page 2 of 3 At third quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $378,000 for FY 2009/10. as approved by the Council on July 15, 2010. Third quarter amendments to Stormwater fund revenues reflect an increase of $378,000 due to the settlement received from Progress Energy for claims of expenses incurred by the City in the Cleveland Street and Coronado Drive projects, as approved by the Council on March 4, 2010. A second amendment reflects an allocation of $26,500 of Stormwater fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages 404,500 Third quarter expenditure amendments reflect a transfer of $26,500 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Council on July 15, 2010. 26,500 Gas Fund Revenues Expenditures At third quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $3,401,650 for FY 2009/10. Third quarter amendments to Gas fund revenues reflect a net decrease of $940,000 reflecting projected decreases due to the cost of fuel and current economic conditions. A second amendment reflects an allocation of $11,000 of Gas fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive (929,000) packages as approved by the Council on July 15, 2010. Third quarter amendments reflect increases and decreases in various operating codes for a net decrease of $984,210, to adjust the expenditure budget to actual and projected expenses; a second amendment reflects a transfer of $11,000 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Council on July 15, (973,210) 2010. 10 Item # 6 City of Clearwater Utility Funds Attachment number 7 Third Quarter Amendments Page 3 of 3 FY 2009/10 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Solid Waste Fund exceed Solid Waste Fund anticipated expenditures by $ 1,600,982 for FY 2009/10. Third quarter amendments to Solid Waste fund revenues reflect an increase of $70,000 in Sanitation Collection Charge to align the budget with actual collections. A second amendment reflects an allocation of $80,000 of Solid Waste fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive Revenues: 150,000 packages as approved by the Council on July 15, 2010. Third quarter expenditure amendments reflect a net decrease of $411,500 in Solid Waste cost centers. Amendments include; a transfer of $80,000 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Council on July 15, 2010, as well as various operating code reductions totaling $491,500 which include dump fees due to the reduced amount of refuse hauled, reductions in personnel services due to vacancies, and reductions in garage services due to lower than Expenditures: (411,500) expected repair charges. At third quarter, anticipated revenues of the Recycling Fund exceed Recycling Fund anticipated expenditures by $534,321 for FY 2009/10. Third quarter amendments to Recycling fund revenues reflect a net increase of $158,540. Amendments include: 1) increases in Recycling Fees totaling $16,000 due to rate increases that took effect this year; 2) increases in Sale of Recyclables revenues totaling $130,000 due to a stronger than anticipated resale market; 3) an allocation of $50,000 of Recycling fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Council on July 15, 2010; and 4) a $37,460 decrease Revenues: 158,540 in Interest Earnings due to a poor year-to-date earnings trend. Third quarter expenditure amendments reflect a transfer of $50,000 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Expenditures 50,000 Council on July 15, 2010. 11 Item # 6 UTILITY FUNDS Attachment number 8 Page 1 of 2 THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2009 to June 30, 2010 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 57,291,800 42,968,844 41,058,947 (1,909,897) 4% (1,389,080) 55,902,720 Non-Operating Revenue 3,898,125 3,515,681 1,470,503 (2,045,178) -58% 0 3,898,125 Contributions - 0 247,134 247,134 - 0 0 Transfers In 0 2,177 2,177 - 0 0 Use of Fund Equity - 0 0 0 - 11,837,859 11,837,859 Total Revenues 61,189,925 46,484,525 42,778,761 (3,705,764) -8% 10,448,779 71,638,704 Water & Sewer Fund Expenditures Public Utilities Administration 901,650 692,712 653,908 38,804 6% 450,000 1,351,650 Wastewater Collection 5,139,670 4,051,570 4,042,666 8,904 0% 3,489,196 8,628,866 Public Utilities Maintenance 2,988,580 2,298,977 2,217,196 81,781 4% 1,110,000 4,098,580 WPC/ Plant Operations 10,588,070 8,060,913 7,872,291 188,622 2% 4,824,147 15,412,217 WPC/ Laboratory Operations 1,250,130 960,129 946,293 13,836 1% 0 1,250,130 WPC/ Industrial Pretreatment 822,910 634,605 558,109 76,496 12% 4,482,101 5,305,011 Water Distribution 7,904,560 6,082,807 6,110,721 (27,914) 0% 0 7,904,560 Water Supply 12,370,480 9,309,335 7,866,498 1,442,837 15% (1,389,080) 10,981,400 Reclaimed Water 2,064,970 1,593,217 1,508,796 84,421 5% 0 2,064,970 Non-Departmental 14,641,320 10,980,990 11,118,453 (137,463) -1% 0 14,641,320 Total Expenditures 58,672,340 44,665,255 42,894,931 1,770,324 4% 12,966,364 71,638,704 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 14,138,310 10,603,737 10,657,868 54,131 1% 0 14,138,310 Non-Operating Revenues 291,410 218,622 602,177 383,555 175% 378,000 669,410 Transfers In - 0 0 0 - 0 0 Use of Fund Equity 1,149,880 0 0 0 - 26,500 1,176,380 Total Revenues 15,579,600 10,822,359 11,260,045 437,686 4% 404,500 15,984,100 Stormwater Utility Expenditures Stormwater Management 4,794,760 3,628,260 3,587,779 40,481 1% 0 4,794,760 Stormwater Maintenance 10,784,840 9,600,722 9,482,192 118,530 1% 26,500 10,811,340 Total Expenditures 15,579,600 13,228,982 13,069,971 159,011 1% 26,500 15,606,100 GAS FUND Gas Fund Revenues Operating Revenues 38,823,920 29,401,532 30,430,570 1,029,038 3% (895,000) 37,928,920 Non-Operating Revenues 970,370 735,384 586,870 (148,514) -20% 0 970,370 Transfers In - 0 0 0 - 0 0 Capitalized Labor 252,000 196,500 197,895 1,395 1% (45,000) 207,000 Use of Fund Equity 6,373,969 0 0 0 - 11,000 6,384,969 Total Revenues 46,420,259 30,333,416 31,215,335 881,919 3% (929,000) 45,491,259 Gas Fund Expenditures Administration & Supply 27,571,670 21,195,852 20,603,776 592,076 3% (826,800) 26,744,870 South Area Gas Operations 7,326,350 6,454,576 6,471,776 (17,200) 0% 27,510 7,353,860 North Area Gas Operations 3,319,400 3,219,896 3,031,885 188,011 6% (30,970) 3,288,430 Marketing & Sales 4,845,399 4,072,913 3,853,090 219,824 5% (142,950) 4,702,449 Total Expenditures 43,062,819 34,943,237 33,960,526 982,712 3% (973,210) 42,089,609 12 Item # 6 UTILITY FUNDS Attachment number 8 Page 2 of 2 THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2009 to June 30, 2010 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenue 18,043,000 13,562,256 13,644,230 81,974 1% 70,000 18,113,000 Non-Operating Revenue 714,100 551,078 548,159 (2,919) _1% 0 714,100 Transfers In 247,980 185,985 185,985 0 0% 0 247,980 Use of Fund Equity - 0 0 0 - 80,000 80,000 Total Revenues 19,005,080 14,299,319 14,378,374 79,055 1% 150,000 19,155,080 Solid Waste Expenditures Collection 14,868,428 11,272,294 10,668,564 603,730 5% (461,500) 14,406,928 Transfer 1,367,580 1,049,317 1,033,609 15,708 1% (30,000) 1,337,580 Container Maintenance 785,980 614,408 626,832 (12,424) -2% 0 785,980 Administration 943,610 719,189 688,803 30,386 4% 80,000 1,023,610 Total Expenditures 17,965,598 13,655,208 13,017,808 637,400 5% (411,500) 17,554,098 RECYCLING FUND Recycling Revenues Operating Revenue 2,415,710 1,936,574 2,083,293 146,719 8% 146,000 2,561,710 Non-Operating Revenue 783,581 122,595 96,216 (26,379) -22% 12,540 796,121 Total Revenues 3,199,291 2,059,169 2,179,509 120,340 6% 158,540 3,357,831 Recycling Expenditures Residential 1,043,750 804,912 826,453 (21,541) -3% 0 1,043,750 Multi-Family 506,940 384,930 379,202 5,728 1% 50,000 556,940 Commercial 1,294,820 973,942 984,141 (10,199) -1% 0 1,294,820 Total Expenditures 2,845,510 2,163,784 2,189,796 (26,012) -1% 50,000 2,895,510 13 Item # 6 Attachment number 9 Page 1 of 2 City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2009/10 Increase/ (Decrease) Description Anticipated revenues of the Marine Fund exceed anticipated Marina Fund expenditures by $52,220 at third quarter fiscal year 2009/10. Third quarter revenue amendments to the Marine fund reflect an increase of $250,000 in Gas and Oil Sales due to an increase in Revenues: 250,000 forecasted sales revenue. Third quarter expenditure amendments reflect an increase of $200,000 in Cost of Goods Sold due to increases fuel sales due to better than expected receipts from previously amended projections for Expenditures: 200,000 the year. Anticipated revenues of the Downtown Boat Slips Fund exceed anticipated expenditures by $33,605 at third quarter fiscal year Downtown Boat Slips Fund 2009/10. Third quarter revenue amendments reflect a net reduction of $62,000. Reductions to Slip Rental revenue and Sale of Electricity are needed to bring the budget in line with expected receipts due to the Revenues: (62,000) construction delay in opening of the Downtown Boat Slips. Expenditure amendments at third quarter reflect a net reduction of $75,000 due to the delay in opening of the Downtown Boat Slips. Reductions are made to various operating codes, including; personnel Expenditures: (75,000) codes, utility costs, costs of goods sold, and contractual services. Anticipated revenues of the Airpark Fund exceed anticipated Airpark Fund expenditures by $46,930 at third quarter fiscal year 2009/10. Third quarter revenue amendments in the Airpark fund reflect an appropriation of $25,000 from retained earnings for project 315-94863, Airpark Runway Repairs, as approved by the Council on June 17, Revenues: 25,000 2010. Third quarter expenditure amendments reflect a transfer of $25,000 of retained earnings to project 315-94863, Airpark Runway Repairs, as Expenditures: 25,000 approved by the Council on June 17, 2010. 14 Item # 6 Attachment number 9 Page 2 of 2 City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2009/10 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Parking Fund exceed Parking Fund anticipated expenditures by $325,558 for fiscal year 2009/10. Third quarter amendments to parking fund revenues reflect a net reduction of $400,000. Amendments include: 1) a $400,000 reduction of Temporary Beach Lot revenue; 2) a $40,000 reduction of Fine revenue both due to the termination of the Patel Lot lease; and 3) an allocation of $40,000 of Parking fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement Revenues: (400,000) incentive packages as approved by the Council on July 15, 2010. Third quarter expenditure amendments reflect a net decrease of $493,558. Amendments include: 1) a $283,680 reduction of Rent expense due to the termination of the Patel temporary beach lot lease; 2) a $249,878 reduction of Other Interest expense due to savings from the early repayment of General Fund and Central Insurance fund loans which was approved by the Council on February 18, 2010; and 3) a transfer of $40,000 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement Expenditures: (493,558) incentive packages as approved by the Council on July 15, 2010. Anticipated revenues of the Harborview Fund exceed anticipated Harborview Fund expenditures by $125,247 at third quarter fiscal year 2009/10. Harborview Fund revenues reflect a 28% positive variance at third quarter, due to higher than expected reimbursement revenue from Global Spectrum. An amendment increasing reimbursement revenue Revenues: 74,700 by $74,700 will bring the budget in line with actual receipts. Third quarter expenditure amendments reflect a net increase of $97,124, amendments include; 1) an $82,124 increase in operating expenses to cover unexpected expenses in the Harborview fund as approved by the Council on July 15, 2010; and 2) an increase of $15,000 to provide additional funding for higher than expected utility costs. This increase in expenditures is offset by the revenue generated from the sale of surplus furniture and fixtures recognized in Expenditures: 97,124 mid year amendments. 15 Item # 6 Attachment number 10 Page 1 of 2 ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2009 - June 30, 2010 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 3,696,500 2,556,500 2,951,072 394,572 15% 250,000 3,946,500 Non-Operating Revenues 118,380 86,297 81,624 (4,673) -5% - 118,380 Transfers In 50,000 50,000 50,000 0% 50,000 Use of Fund Equity - - - - - - - TOTAL REVENUES 3,864,880 2,692,797 3,082,696 389,899 14% 250,000 4,114,880 MARINE FUND EXPENDITURES Marina Operations 3,862,660 2,770,471 3,011,556 (241,085) -9% 200,000 4,062,660 TOTAL EXPENDITURES 3,862,660 2,770,471 3,011,556 (241,085) -9% 200,000 4,062,660 DOWNTOWN BOAT SLIPS FUND DOWNTOWN BOAT SLIPS FUND REVENUES Operating Revenues 118,000 59,000 10,596 (48,404) -82% (58,000) 60,000 Non-Operating Revenues 57,150 54,650 55,184 534 1% (4,000) 53,150 Transfers In - - - - - - Use of Fund Equity - - - - - TOTAL REVENUES 175,150 113,650 65,780 (47,870) -42% (62,000) 113,150 DOWNTOWN BOAT SLIPS FUND EXPENDITURES Downtown Boat Slips Operations 154,545 77,273 38,572 38,700 50% (75,000) 79,545 TOTAL EXPENDITURES 154,545 77,273 38,572 38,700 50% (75,000) 79,545 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 231,000 173,250 191,740 18,490 11% 231,000 Non-Operating Revenues 10,000 5,500 13,687 8,187 149% 10,000 Transfers In 175,000 175,000 175,000 - 0% - 175,000 Use of Fund Equity - - - - - 25,000 25,000 TOTAL REVENUES 416,000 353,750 380,427 26,677 8% 25,000 441,000 AIRPARK FUND EXPENDITURES - Airpark Operations 369,070 325,005 309,165 15,840 5% 25,000 394,070 TOTAL EXPENDITURES 369,070 325,005 309,165 15,840 5% 25,000 394,070 16 Item # 6 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2009 - June 30, 2010 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget PARKING FUND PARKING FUND REVENUES Operating Revenues 4,781,020 3,692,032 3,195,159 (496,873) -13% (440,000) 4,341,020 Non-Operating Revenues 624,000 467,997 324,248 (143,749) -31% 624,000 Transfers In - - 5,860 5,860 - - - Use of Fund Equity 3,855,700 - - - - 40,000 3,895,700 TOTAL REVENUES 9,260,720 4,160,029 3,525,267 (634,762) -15% (400,000) 8,860,720 PARKING FUND EXPENDITURES Engineering / Parking System 7,719,420 6,842,482 6,506,783 335,699 5% (533,558) 7,185,862 Engineering / Parking Enforcement 850,000 510,122 385,030 125,092 25% 40,000 890,000 Parks & Rec / Beach Guards 458,300 357,724 364,382 (6,658) -2% 0 458,300 TOTAL EXPENDITURES 9,027,720 7,710,328 7,256,195 454,133 6% (493,558) 8,534,162 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues 40,000 29,997 31,747 1,750 6% 0 40,000 Non-operating Revenues 204,221 202,561 286,388 83,827 41% 74,700 278,921 Transfers In 71,530 71,530 71,530 - 0% 0 71,530 TOTAL REVENUES 315,751 304,088 389,665 85,577 28% 74,700 390,451 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 168,080 155,285 207,350 (52,065) -34% 97,124 265,204 TOTAL EXPENDITURES 168,080 155,285 207,350 (52,065) -34% 97,124 265,204 17 Item # 6 City of Clearwater Internal Service Funds Attachment number 11 Third Quarter Amendments Page 1 of2 FY 2009/10 Increase/ (Decrease) Description At third quarter, anticipated revenues of the General Services Fund equal General Services anticipated expenditures for fiscal year 2009/10. Third quarter amendments reflect an allocation of $2,500 of General Services fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved Revenues: 2,500 by the Council on July 15, 2010. Third quarter expenditure amendments reflect a transfer of $2,500 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Expenditures: 2,500 Council on July 15, 2010. At third quarter, anticipated revenues of the Administrative Services Fund Administrative Services exceed anticipated expenditures by $205,410 for fiscal year 2009/10. Third quarter amendments reflect a net decrease of $24,075. Amendments include: 1) the allocation of $925 of Administrative Service Fund reserves to cover the expenses incurred for unemployment costs of the Graphics Supervisor position eliminated in fiscal 2009/10; 2) a $125,000 reduction in Telephone Service Charges to reflect lower billings to departments due to savings in telephone charges from removing lines from circuits to fiber in the current year; and 3) an allocation of $100,000 of Administrative Services fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as Revenues: (24,075) approved by the Council on July 15, 2010. Third quarter expenditure amendments reflect a net decrease of $24,075, amendments include: 1) an increase of $925 in the Graphic Communications budget to cover unemployment costs; 2) a decrease of $125,000 in Telecommunications to reflect savings in telephone charges due to removing lines from circuits to fiber in the current year; and 3) a transfer of $56,000 from Information Technology Administration, and a transfer of $44,000 from Customer Service to Special Program project 181- 99874, Retirement Incentive Program, to cover the cost of retirement Expenditures: (24,075) incentive packages as approved by the Council on July 15, 2010. 18 Item # 6 City of Clearwater Internal Service Funds Attachment number 11 Third Quarter Amendments Page 2 of 2 FY 2009/10 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Garage Fund equal Garage Fund anticipated expenditures for fiscal year 2009/10. At third quarter, Garage fund revenues reflect a 7% negative variance. Billings to Department revenues are less than estimated due to savings in fuel and parts costs; non-operating revenues reflect lower than expected collections in Surplus Vehicles and Other General Revenue. Savings in operating expenses offset the revenue shortfalls for the year. Third quarter amendments reflect an allocation of $70,000 of Garage fund reserves for project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Council on Revenues: 70,000 July 15, 2010. Third quarter expenditures reflect an 8% positive variance due to operating savings including vehicle parts, fuel, and debt in Fleet Maintenance cost centers; and savings in personnel costs, contractual services and debt costs in the Radio Communications cost center. Third quarter expenditure amendments reflect a transfer of $70,000 to Special Program project 181-99874, Retirement Incentive Program, to cover the cost of retirement incentive packages as approved by the Council on July Expenditures: 70,000 15, 2010. At third quarter, anticipated revenues of the Central Insurance Fund Central Insurance exceed anticipated expenditures by $5,617,950 for fiscal year 2009/10. Third quarter amendments reflect the return of $40,000 of Central Insurance fund revenues recognized from the closure of project 181- Revenues: 40,000 99966, Integrated Disability Management. Expenditures: No amendments are proposed at third quarter. 19 Item # 6 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2009 - June 30, 2010 Attachment number 12 Page 1 of 2 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES Billings to Departments 4,951,540 3,713,661 3,733,535 19,874 1% 0 4,951,540 Non-Operating Revenue 40,000 30,000 28,936 (1,064) -4% 0 40,000 Transfers In - - - - 0 - Fund Reserves - - - - - 2,500 2,500 TOTAL REVENUES 4,991,540 3,743,661 3,762,471 18,810 1% 2,500 4,994,040 GENERAL SERVICES FUND EXPENDITURES - Administration 271,650 212,103 221,013 (8,910) -4% 2,500 274,150 Building & Maintenance 4,719,890 3,659,731 3,522,923 136,808 4% 0 4,719,890 TOTAL EXPENDITURES 4,991,540 3,871,834 3,743,936 127,898 3% 2,500 4,994,040 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 9,230,000 6,922,521 6,764,654 (157,867) -2% (125,000) 9,105,000 Non-Operating Revenue 200,000 150,000 141,363 (8,637) -6% 0 200,000 Transfers In - - 15,000 15,000 - 0 - Fund Reserves 29,294 - - - - 100,925 130,219 TOTAL REVENUES 9,459,294 7,072,521 6,921,017 (151,504) -2% (24,075) 9,435,219 ADMINISTRATIVE SERVICES EXPENDITURES Information Technology/ Admin 389,940 306,473 305,511 962 0% 56,000 445,940 Information Tech / Network Svcs 2,222,230 1,709,061 1,367,613 341,448 20% 0 2,222,230 Info Tech/ Software Applications 1,999,220 1,587,115 1,575,443 11,672 1% 0 1,999,220 Info Tech / Telecommunications 972,020 732,911 534,697 198,214 27% (125,000) 847,020 Public Comm / Courier 182,640 138,512 111,715 26,797 19% 0 182,640 Public Comm / Graphics 29,294 29,294 29,294 - 0% 925 30,219 Clearwater Customer Service 3,458,540 2,724,118 2,632,476 91,642 3% 44,000 3,502,540 TOTAL EXPENDITURES 9,253,884 7,227,484 6,556,750 670,735 9% (24,075) 9,229,809 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 12,202,140 9,151,605 8,577,583 (574,022) -6% 0 12,202,140 Non-Operating Revenue 622,400 466,803 370,053 (96,750) -21% 0 622,400 Transfers In - - - - 0 0 Fund Reserves 205,746 - - - 70,000 275,746 TOTAL REVENUES 13,030,286 9,618,408 8,947,636 (670,772) -7% 70,000 13,100,286 Garage Fund Expenditures Fleet Maintenance 12,387,906 9,510,047 8,819,978 690,069 7% 70,000 12,457,906 Radio Communications 642,380 489,666 345,938 143,728 29% 0 642,380 TOTAL EXPENDITURES 13,030,286 9,999,713 9,165,916 833,797 8% 70,000 13,100,286 20 Item # 6 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2009 - June 30, 2010 Attachment number 12 Page 2 of 2 2009/10 2009/10 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget CENTRAL INSURANCE FUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 18,037,560 13,528,170 12,539,328 (988,842) -7% 0 18,037,560 Non-Operating Revenue 940,000 622,500 835,282 212,782 34% 0 940,000 Transfers In 4,808,760 4,797,763 4,739,010 (58,753) -1% 40,000 4,848,760 Fund Reserves 5,065,000 - - - 0 5,065,000 TOTAL REVENUES 28,851,320 18,948,433 18,113,620 (834,813) -4% 40,000 28,891,320 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management Human Resources / Employee Benefits Non-Departmental 436,770 349,148 345,204 329,980 257,488 215,914 22,506,620 18,142,968 18,072,333 3,944 1 % 0 436,770 41,574 16% 0 329,980 70,635 0% 0 22,506,620 TOTAL EXPENDITURES 23,273,370 18,749,604 18,633,451 116,153 1% 23,273,370 21 Item # 6 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND Third Quarter Summary FY 2009/10 The amended 2009/10 Capital Improvement Program budget report is submitted for the City Council's Third Quarter review. The net proposed amendment is a budget increase in the amount of $3,363,951. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increases to projects: ? Waste Water Treatment Plant -New Presses -To record a budget increase in the amount of $1,099,717.10 of Sewer Revenue from the Public Utilities department This represents excess cash equal to the interest earnings from third quarter fiscal year 2009 and first through third quarter fiscal year 2010 in fund 376, Water & Sewer Revenue Bond Construction Fund. ? Parking Lot Improvement - To record a budget increase in the amount of $232,663.23 of Fee in Lieu of Parking from the Special Development Fund, which reflects the total Fee in Lieu of Parking equity fund balance remaining at September 30, 2009. All significant budget increases that have been previously approved by the City Council are listed below: Project Council Budget Increase Approval Reverse Osmosis Plant at Reservoir #2 Beach Recreation Center Boat Ramp Replacement Sanitary Sewer Extension Reclaimed Water Distribution System Rescue Vehicle Airpark Runway Repair 768,981 9/22/10 565,699 6/17/10 477,000 8/5/10 371,920 8/18/10 156,902 9/9/10 125,000 6/17/10 22 Item # 6 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Pagel of 10 Net Budget # Number Amount Amount Description Amendment 315-91221 10,000 316-91226 (54,422) 316-91236 4 315-91242 5 315-92268 EMS Capital Equipment To record a budget increase in the amount of $10,000.00 of General Fund revenue. This will be transferred from operational savings within the Fire Department budget for the purchase of EMS equipment. 10,000 Vehicular Support - CLOSE PROJECT To record a budget decrease in the amount of $54,422.00 of Lease Purchase revenue. The vehicles covered by this project have been purchased or are no longer required. This amendment will close the project. (54,422) 156,902 (331,180) Rescue Vehicle To record a budget increase in the amount of $156,902.00 of Lease Purchase revenue for the purchase of a Medtec Transport Ambulance. This was approved by City Council on September 9, 2010. This amendment corrects a timing difference in the planned purchase of the unit. The department's CIP plan included the purchase in FY 11 and Pinellas County submitted budget included the purchase in FY 10. Fire Training Facility To record a budget decrease in the amount of $331,180.23 of Sales Tax Infrastructure - Penny for Pinellas revenue. The construction portion of the Training Facility project is finished and the revenue will be returned to the Special Development Fund for re-appropriation. Once the Public Art portion of this project is complete, the project will be closed. 156,902 (331,180) Bluff to Beach Guideway - CLOSE PROJECT To record a budget transfer in the amount of $50,000.00 of Local Option Gas Tax revenue to project 315-92552, Signal Renovation. The Bluff to Beach project is complete and will be (50,000) closed. (50,000) Streets & Sidewalks To record a budget transfer in the amount of $38,463.30 of Road Millage revenue to project 315-92343, East Avenue Trail. This 6 315-92273 (38,463) was approved by City Council on August 18, 2010. (38,463) East Avenue Trail To record a budget transfer in the amount of $38,463.30 of Road Millage revenue from project 315-92273, Streets & Sidewalks. This funding is for debris removal on East Avenue and restoration of Franklin Street crossing. This was approved by City 7 315-92343 38,463 Council on August 18, 2010. 38,463 Signal Renovation To record a budget transfer in the amount of $50,000.00 of Local Option Gas Tax from project 315-92268, Bluff to Beach 8 315-92552 50,000 Guideway. 50,000 Item # 6 23 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 2 of 10 Net Budget # Number Amount Amount Description Amendment Parking Lot Improvement To record a budget increase in the amount of $232,663.23 of Fee in Lieu of Parking from the Special Development Fund, which reflects the total Fee in Lieu of Parking equity fund balance 9 315-92636 232,663 remaining at September 30, 2009. 232,663 Beach Library/Recreation Center Renovations - CLOSE PROJECT To record a budget decrease in the amount of $1,728.58 of General Fund Revenue and return it to the General Fund. This 10 315-93265 (1,729) project is complete and will be closed. To record a budget decrease in the amount of $3,608.00 of General Fund Revenue and return it to the General Fund. The project art work has been purchased. This project is complete 325-93265 (3,608) and will be closed. (5,337) Beach Recreation Center Boat Ramp Replacement To record a budget increase in the amount of $565,699 of National Fish and Wildlife Conservation grant funding. This was 11 315-93408 565,699 approved by the City Council on June 17, 2010. 565,699 Downtown Boat Slips Maintenance To record a budget decrease in the amount of $15,000.00 of Downtown Boat Slip revenue. This decrease reflects the shorter operating period for fiscal year 2009/10. This was approved by 12 315-93410 (15,000) the City Council on June 14, 2010. (15,000) Ross Norton Ballfield Improvements - NEW PROJECT To establish the project and record a budget increase in the amount of $25,000.00 of Other Grants received from the Rays 13 315-93619 25,000 Baseball Foundation. To record a budget increase in the amount of $10,000.00 of General Fund revenue, transferred from Parks and Recreation 315-93619 10,000 Department operational funds. 35,000 Improvements to be made include shade shelters, improved backstop fencing from softball to baseball backstops and landscaping. These two amendments were approved by City Council on August 5, 2010. Motorized Equipment - Lease Purchase To record a budget transfer in the amount of $388,486.86 of Lease Purchase revenue which will be transferred from project 14 316-94234 388,487 316-96442, Solid Waste Replacements - L/P. To record a budget transfer in the amount of $515,979.91 of Lease Purchase revenue which will be transferred from project 316-96806, Recycling Equipment Replacement, which will be 316-94234 515,980 closed. 904,467 Item # 6 24 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 3 of 10 Net Budget # Number Amount Amount Description Amendment Public Utilities Boom Truck - NEW PROJECT To establish the project and record a budget increase in the amount of $43,706.75 of Lease Purchase revenue for the purchase of one M2-106 Freightliner Conventional Chassis. This 15 316-94239 43,707 was approved by the City Council on September 22, 2010. To record a budget increase in the amount of $14,246.25 of Insurance Claims - Vehicle revenue. This settlement cost from State Farm Insurance will be used toward the purchase of the freightliner conventional chassis and the balance funded under the lease purchase agreement. This was approved by the City 316-94239 14,246 Council on Septemeber 22, 2010. 57,953 Air Conditioner Replacement - City Wide To record a budget transfer in the amount of $15,288.53 of Sewer Revenue to project 315-96665, Sanitary Sewer R&R. This is to transfer funds from building & maintenance capital improvement project back to sewer projects, where any air 16 315-94510 (15,289) conditioner replacements will be expensed. To record a budget transfer in the amount of $7,508.62 of Water Revenue to project 315-96721, System R&R - Maintenance. This is to transfer funds from building & maintenance capital improvement project back to water projects, where any air 315-94510 (7,509) conditioner replacements will be expensed. To record a budget transfer in the amount of $617.39 of Reclaimed Water Revenue to project 315-96739, Reclaimed Water Distribution System. This is to transfer funds from building & maintenance capital improvement project back to reclaimed projects, where any air conditioner replacements will be 315-94510 (617) expensed. (23,415) Roof Replacements To record a budget transfer in the amount of $15,000.00 of Sewer Revenue to project 315-96665, Sanitary Sewer R&R. This is to transfer funds from building & maintenance capital improvement project back to sewer projects, where any roof 17 315-94514 (15,000) replacements will be expensed. To record a budget transfer in the amount of $9,478.00 of Water Revenue to project 315-96721, System R & R - Maintenance. This is to transfer funds to building & maintenance capital improvement project back to water projects, where any roof 315-94514 (9,478) replacements will be expensed. (24,478) Flooring for Facilities To record a budget transfer in the amount of $35,130.00 of Utility R & R Revenue to project 327-96523, Public Utilities Administration Building R & R. This is to transfer funds from building & maintenance capital improvement project back to 18 327-94519 (35,130) water & sewer projects, where any flooring will be expensed. (35,130) Item # 6 25 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page4 of 10 Net Budget # Number Amount Amount Description Amendment Long Center Major Infrastructure Improvements To record a budget decrease in the amount of $6,500.00 of Sales Tax Infrastructure - Penny for Pinellas revenue which will be returned to the Special Development Fund. The public art is 19 325-94524 (6,500) complete for this project. (6,500) Honeywell Performance Contract To record a budget decrease in the amount of $244,000.00 of General Fund revenue which will be returned to the General Fund for reallocation to Special Program project 181-99857, Electronic Plan Submittal. The reallocation of funds was 20 315-94527 (244,000) approved by the City Council on September 22, 2010. (244,000) Airpark Runway Repairs - NEW PROJECT To establish the project and record a budget increase in the amount of $100,000.00 of FDOT grant funding. This was 21 315-94863 100,000 approved by City Council on June 17, 2010. To record a budget increase in the amount of $25,000 of Airpark 315-94863 25,000 revenue. This was approved by City Council on June 17, 2010. 125,000 These two amendments will provide funding for the overlay, marking and repair of the runway and taxiway at the Clearwater Airpark. Storm Pipe System Improvements To record a budget transfer in the amount of $24,769.87 of Stormwater Utility fee from project 315-96152, Lake Bellevue 22 315-96124 24,770 Stormwater Improvements. 24,770 Lake Bellevue Stormwater Improvements To record a budget increase in the amount of $24,769.87 of Drainage Impact Fee from the Special Development Fund, which reflects the total Drainage Impact Fee equity fund balances at 23 315-96152 24,770 September 30, 2009. To record a budget transfer in the amount of $24,769.87 of Stormwater Utility revenue to project 315-96124, Storm Pipe System Improvements, which is being replaced with Drainage 315-96152 (24,770) Impact Fees. 0 Coastal Basins Projects To record a budget transfer in the amount of $1,065,041.25 of Stormwater Utility revenue to project 315-96174, Tropic Hills 24 315-96170 (1,065,041) Phase I. This was approved by City Council on June 17, 2010. To record a budget transfer in the amount of $1,250,000.00 of SWFWMD grant revenue, which was transferred to project 315- 96174, Tropic Hills Phase I. This was approved by City Council 315-96170 (1,250,000) on June 17, 2010. (2,315,041) Item # 6 26 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 5 of 10 Net Budget # Number Amount Amount Description Amendment Tropic Hills Phase I - NEW PROJECT To establish the project and record a budget transfer in the amount of $1,250,000 of SWFWMD grant revenue, from project 315-96170, Coastal Basins Projects. This was approved by City 25 315-96174 1,250,000 Council on June 17, 2010. To record a budget transfer in the amount of $1,065,041.25 of Stormwater Utility revenue from project 315-96170, Coastal Basins Projects. This was approved by City Council on June 17, 315-96174 1,065,041 2010. 2,315,041 Facility Renewal & Replacement To record a budget transfer in the amount of $116,210.71 of Solid Waste Revenue from project 315-96440, Improvement to 26 315-96426 116,211 Solid Waste Complex. To record a budget transfer in the amount of $113,783.00 of Solid Waste Revenue from project 315-96442, Solid Waste 315-96426 113,783 Vehicle Replacements. 229,994 Improvement to Solid Waste Complex - CLOSE PROJECT To record a budget transfer in the amount of $116,210.71 of Solid Waste Revenue to project 315-96426, Facility Renewal & 27 315-96440 (116,211) Replacement. This project is complete and will be closed. (116,211) Solid Waste Vehicle Replacements - CLOSE PROJECT To record a budget transfer in the amount of $113,783.00 of Solid Waste Revenue to project 315-96426, Facility Renewal & 28 315-96442 (113,783) Replacement. This project is complete and will be closed. To record a budget transfer in the amount of $388,486.86 of Lease Purchase revenue, which is being transferred to project 316-94234, Motorized Equipment. This project is complete and 316-96442 (388,487) will be closed. (502,270) Public Utilities Administration Building R & R To record a budget transfer in the amount of $35,130.00 of Utility R & R Revenue from project 327-94519, Flooring for Facilities. This is to transfer funds from building & maintenance capital improvement project back to water and sewer projects, where 29 327-96523 35,130 any flooring will be expensed. 35,130 Bio-solids Treatment To record a budget increase in the amount of $1,176,030.00 of Sewer Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council 30 315-96611 1,176,030 on August 5, 2010. To record a budget decrease in the amount of $1,176,030.00 of 2011 Water Sewer Bond proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was 381-96611 (1,176,030) approved by City Council on August 5, 2010. 0 Item # 6 27 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 6 of 10 Net Budget # Number Amount Amount Description Amendment 31 315-96615 376-96615 32 315-96619 1,000,000 381-96619 (1,000,000) 33 315-96620 31,424 Odor Control To record a budget transfer in the amount of $97,463.83 of 97,464 Sewer Revenue from project 315-96620, WWTP Headworks. To record a budget transfer in the amount of $179,899.30 of Water Sewer Bond proceeds from project 376-96620, WWTP 179,899 Headworks. Waste Water Treatment Plant - Generator Replacements To record a budget increase in the amount of $1,000,000.00 of Sewer Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget decrease in the amount of $1,000,000.00 of 2011 Water Sewer Bond proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. Waste Water Treatment Plant Headworks - CLOSE PROJECT To record a budget increase in the amount of $31,423.56 in Other Government revenue representing reimbursements from the City of Safety Harbor. This will bring cash in the project inline with the project budget. 277,363 0 To record a budget transfer in the amount of $97,463.83 in Sewer revenue to project 315-96615, Odor Control. The WWTP 315-96620 (97,464) Headworks is complete and the project will be closed. To record a budget transfer in the amount of $179,899.30 in Water Sewer Bond proceeds to project 376-96615, Odor Control. The WWTP Headworks is complete and the project will be 376-96620 (179,899) closed. (245,940) Waste Water Treatment Plant - New Presses To record a budget increase in the amount of $1,099,717.10 in Sewer Revenue. This represents excess cash equal to the interest earnings from third quarter fiscal year 09 and first through third quarter fiscal year 10 in fund 376, Water & Sewer 34 315-96621 1,099,717 Revenue Bond Construction Fund. 1,099,717 Sanitary Sewer Extension To record a budget increase in the amount of $477,000.00 in Environmental Protection Agency grant representing U.S. E.P.A. share of King Engineering contract for the design through bid award of Idylwild/Mall Sanitary Sewer Extension project. This 35 315-96630 477,000 was approved by City Council on August 5, 2010. 477,000 Item # 6 28 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 7 of 10 Net Budget # Number Amount Amount Description Amendment Facility Upgrade & Improvements 36 327-96654 622,000 381-96654 (622,000) To record a budget increase in the amount of $622,000.00 of Utility Renewal & Replacement Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget decrease in the amount of $622,000.00 of 2011 Water Sewer Bond proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. Sanitary Sewer Renewal & Replacement 37 315-96665 315-96665 315-96665 3,489,196 327-96665 2,300,874 381-96665 38 315-96666 381-96666 (5,790,070) 1,548,400 (1,548,400) To record a budget transfer in the amount of $15,288.53 of Sewer Revenue from project 315-94510, Air Conditioner Replacement-City Wide. This is to transfer funds from building & maintenance capital improvement project back to sewer projects, 15,289 where any air conditioner replacements will be expensed. To record a budget transfer in the amount of $15,000.00 of Sewer Revenue from project 315-94514, Roof Replacements. This is to transfer funds from building & maintenance capital improvement project back to sewer projects, where any roof 15,000 replacements will be expensed. To record a budget increase in the amount of $3,489,196.00 of Sewer Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget increase in the amount of $2,300,874.00 of Utility Renewal & Replacement Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget decrease in the amount of $5,790,070.00 of 2011 Water Sewer Bond proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. 30,289 WWTP East Bypass & NE Pump To record a budget increase in the amount of $1,548,400.00 of Sewer Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget decrease in the amount of $1,548,400.00 of 2011 Water Sewer Bond Proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. Item # 6 29 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 8 of 10 Net Budget # Number Amount Amount Description Amendment Pump Station Replacement To record a budget increase in the amount of $1,110,000.00 of Sewer Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council 39 315-96686 1,110,000 on August 5, 2010. To record a budget decrease in the amount of $1,110,000.00 of 2011 Water Sewer Bond Proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was 381-96686 (1,110,000) approved by City Council on August 5, 2010. System R & R - Maintenance To record a budget transfer in the amount of $7,508.62 of Water Revenue from project 315-94510, Air Conditioner Replacement- City Wide. This is to transfer funds from building & maintenance capital improvement project back to water projects, where any air 40 315-96721 7,509 conditioner replacements will be expensed. To record a budget transfer in the amount of $9,478.00 of Water Revenue from project 315-94514, Roof Replacements. This is to transfer funds from building & maintenance capital improvement project back to water projects, where any roof replacements will 315-96721 9,478 be expensed. 16,987 Reclaimed Water Distribution System To record a budget transfer in the amount of $617.39 of Reclaimed Water Revenue from project 315-94510, Air Conditioner Replacement-City Wide. This is to transfer funds from building & maintenance capital improvement project back to reclaimed projects, where any air conditioner replacements will 41 315-96739 617 be expensed. To record a budget increase in the amount of $102,760.00 of Other Governmental revenue representing reimbursements from SWFWMD. This represents the SWFMWD share of the URS contract design of the Greenlea East-West Interconnect Project 10-0038-UT. This was approved by City Council on August 18, 315-96739 102,760 2010. To record a budget increase in the amount of $245,160.48 of Other Governmental revenue representing reimbursements from SWFWMD. This represents the SWFMWD share of the Volt construction contract Change Order #1 of the Morningside RCW, URS CEI increases to Chautauqua/Coachman RCW, Morningside RCW & Skycrest RCW. This was approved by City 315-96739 245,160 Council on August 18, 2010. Item # 6 30 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 9 of 10 Net Budget # Number Amount Amount Description Amendment 41 315- 96739 24,000 42 315- 96742 63,361 315-96742 165,660 381-96742 (165,660) 43 315-96752 500,000 381-96752 (500,000) Reclaimed Water Distribution System - continue To record a budget increase in the amount of $24,000.00 of Property Owners Share revenue representing reimbursements from Willadel Homeowners Association. This represents the Willadel Homeowners Association part of the construction costs of extending the reclaimed water lines to provide them service per Resolution 2010-29, which was approved by City Council on August 5, 2010. Line Relocation - Capitalized To record a budget increase in the amount of $63,360.82 of Water Revenue. This represents a refund from FDOT for principal & interest on State Road 590 from Old Coachman to West of Coachman Crossing project. To record a budget increase in the amount of $165,660.00 of Water Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. 372,538 To record a budget decrease in the amount of $165,660.00 of 2011 Water Sewer Bond Proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. 63,361 Water Service Lines To record a budget increase in the amount of $500,000.00 of Water Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget decrease in the amount of $500,000.00 of 2011 Water Sewer Bond Proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. Fluoride in Water System - CLOSE PROJECT To record a budget transfer in the amount of $184.26 of Water Revenue to project 315-96767, Reverse Osmosis Plant at 44 315-96758 (184) Reservoir #2. This project is complete and will be closed. Reverse Osmosis Plant at Reservoir #2 To record a budget decrease in the amount of $3,753,080.00 of 2011 Water Sewer Bond Proceeds. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was 45 381-96767 (3,753,080) approved by City Council on August 5, 2010. Item # 6 (184) 31 " indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2009/10 Increase/ Attachment number 14 Amdmt Project (Decrease) Transfer Page 10 of 10 Net Budget # Number Amount Amount Description Amendment 45 315-96767 3,753,080 315-96767 315-96767 768,981 Reverse Osmosis Plant at Reservoir #2 - continue To record a budget increase in the amount of $3,753,080.00 of Water Revenue. This will restructure current Water and Sewer Utility funding to agree with the Fiscal Year 2010 Burton and Associates interim rate study. This was approved by City Council on August 5, 2010. To record a budget increase in the amount of $768,981.00 of Other Govermental Revenue. This is a Cooperative Funding Agreement between the City and the Southwest Florida Water Management District which represents the SWFMWD share of the SDI contract under the RO #2 Wellfield Permitting and Development Project and LBG contract under the Concentrate Injection Well project. This was approved by the City Council on September 22, 2010. To record a budget transfer in the amount of $184.26 of Water 184 Revenue from project 315-96758, Fluoride in Water System. 769,165 Recycling Expansion - Promotion & Renewal & Replacement To record a budget transfer in the amount of $253,602.09 of Recycling Revenue from project 315-96806, Recycling 46 315-96805 253,602 Equipment Replacement. 253,602 Recycling Equipment Replacement - CLOSE PROJECT To record a budget transfer in the amount of $253,602.09 of Recycling Revenue to project 315-96805, Recycling Expansion - 47 315-96806 (253,602) Promotion & R&R. This project is complete and will be closed. To record a budget transfer in the amount of $515,979.91 of Lease Purchase revenue which is being transferred to project 316-94234, Motorized Equipment. This project is complete and 316-96806 (515,980) will be closed. (769,582) TOTALS 3,363,951 - 3,363,951 Item # 6 32 " indicates budget amendment only CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1109 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 375,994 275,994 275,994 275,994 0 91149 Police Homicide Vehicle 150,000 150,000 150,000 150,000 Sub-Total 525,994 425,994 - 425,994 275,994 - 150,000 Fire Protection 91218 Fire Engine Replacement 450,000 450,000 450,000 449,598 402 91221 EMS Capital Equipment 1,052,316 1,052,316 10,000 1,062,316 1,031,480 30,836 91226 Vehicular Support 505,509 505,509 (54,422) 451,087 451,087 0 91229 Replace & Upgrade Airpacks 802,000 802,000 802,000 745,901 8,654 47,445 91236 Rescue Vehicle 462,967 462,967 156,902 619,869 462,967 156,902 91242 Fire Training Facility 4,915,000 4,915,000 (331,180) 4,583,820 4,546,260 37,200 360 91252 Station 48 Renovation/Expansion 651,500 651,500 651,500 571,008 41,733 38,759 91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 146,678 2,853,322 91255 Exhaust Systems 155,480 155,480 1 5 5 ?4 80p 121,436 15 34,044 91256 Security Access Systems 90,380 90,380 r? 7g p p? Page 15aC6 itSU er 37,647 52,733 91257 AED Program 60,500 60,500 60,500 35,585 24,915 91258 Ladder Truck Equipment 150,000 150,000 150,000 107,526 42,474 91259 Radio Replacements 201,500 201,500 201,500 84,630 114,764 2,106 91261 Personal Protection Equipment 592,990 592,990 592,990 386,557 4,394 202,039 91264 Fire Hose Replacement 50,000 50,000 50,000 47,082 2,918 Sub-Total 13,140,142 13,140,142 (218,700) 12,921,442 9,225,442 206,745 3,489,255 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,042,774 4,042,774 4,042,774 1,514,567 104,758 2,423,449 Sub-Total 4,042,774 4,042,774 - 4,042,774 1,514,567 104,758 2,423,449 Major Street Maintenance 92259 Traffic Calming 13,287,941 13,287,941 13,287,941 7,465,569 2,196,510 3,625,862 92267 Beach Walk 31,939,877 31,433,392 31,433,392 31,433,392 0 92268 Bluff to Beach Guideway 140,000 140,000 (50,000) 90,000 90,000 0 92270 Gulf to Bay/ Highland Improvemen 1,500,000 1,500,000 1,500,000 44,965 22,273 1,432,762 92273 Streets and Sidewalks 11,317,055 11,231,573 (38,463) 11,193,110 4,891,566 243,022 6,058,521 92274 Bridge Maintenance & Improvemer 1,749,820 1,749,820 1,749,820 298,002 52,525 1,399,293 92275 Downtown Streetscape- Phase II 2,626,764 2,626,764 2,626,764 215,418 29,297 2,382,049 Sub-Total 62,561,457 61,969,490 (88,463) 61,881,027 44,438,913 2,543,627 14,898,487 Sidewalks and Bike Trail 92339 New Sidewalks 550,849 550,849 550,849 468,500 5,499 76,849 92342 Beach Connector Trail 1,875,807 1,875,807 1,875,807 1,040,014 293,210 542,583 92343 East Avenue Trail 1,392,000 399,078 38,463 437,541 36,173 362,904 38,464 Sub-Total 3,818,656 2,825,734 38,463 2,864,197 1,544,687 661,614 657,896 Intersections 92551 City-Wide Intersection Improvemen 1,020,848 1,020,848 1,020,848 472,919 74,211 473,718 92552 Signal Renovation 1,155,698 1,155,698 50,000 1,205,698 1,098,220 49,376 58,102 92553 New Signal Installation 921,789 921,789 921,789 803,950 117,839 92558 Intersection Improvements-11 2,706,910 2,706,910 2,706,910 1,384,943 84,400 1,237,566 Sub-Total 5,805,245 5,805,245 50,000 5,855,245 3,760,032 207,987 1,887,226 33 Item # 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1109 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,461,603 1,461,603 1,461,603 618,203 9,056 834,343 92632 Parking Garage Structure Repair 1,468,432 1,468,432 1,468,432 715,025 18,163 735,244 92636 Parking Lot Improvement 1,697,627 1,734,662 232,663 1,967,325 1,355,751 21,111 590,464 92641 Seashell Parking Lot 6,000,000 0 0 0 C 92646 Station Square Parking 1,300,000 1,262,965 1,262,965 1,262,965 0 C 92648 Beach Parking Garage 8,252,065 0 0 0 C 92649 Surf Style Condominium Parking 0 9,400,000 9,400,000 100,000 9,300,000 Sub-Total 20,179,727 15,327,661 232,663 15,560,325 4,051,944 48,330 11,460,051 Miscellaneous Engineering 92820 Memorial Causeway Br Replace 37,258,665 36,989,000 36,989,000 36,989,000 0 C 92822 Miscellaneous Engineering 504,025 541,975 541,975 323,877 23,779 194,319 Sub-Total 37,762,690 37,530,975 37,530,975 37,312,877 23,779 194,319 Park Development Attachment number 15 93203 Carpenter Field-Infras Rep/Improve 210,000 265,000 Page 2 of 6 265,000 251,605 13,395 93204 Concrete Sidewalk & Pad Repair 562,913 562,913 562,913 535,839 27,074 93205 Com Sprts Cmp Infr Rep/Improve 455,822 425,822 425,822 325,376 100,446 93213 Park Amenity Purch & Rplcmnt 869,942 869,942 869,942 784,028 85,914 93229 Tennis Court Resurfacing 654,082 654,082 654,082 530,463 6,400 117,220 93230 Playgrd & Fitness Equip Purch-Rer 1,575,210 1,559,910 1,559,910 1,415,152 1,857 142,901 93246 Long Center Pool Project 925,000 925,000 925,000 925,000 0 C 93247 Fitness Equipment Replacement 125,000 125,000 125,000 60,979 35,129 28,891 93248 National Guard Armory Renovation 850,140 847,326 847,326 847,326 0 C 93251 Morningside Rec Ctr Replacement 3,135,000 3,135,000 3,135,000 165,397 20,213 2,949,390 93262 Fencing Replacement Program 1,212,555 1,212,555 1,212,555 1,115,161 599 96,795 93263 Public Art Maintenance 1,498 1,498 1,498 1,498 93264 Enterprise Road Dog Park 468,949 468,949 468,949 468,470 75 404 93265 Beach Library/Rec Ctr Renovations 814,873 837,176 (5,337) 831,840 831,840 0 C 93269 Light Replacement 1,775,677 1,775,677 1,775,677 1,769,887 3,701 2,088 93271 Swimming Pool R&R 474,401 274,401 274,401 268,720 5,681 93272 Bicycle Paths-Bridges 2,450,000 2,450,000 2,450,000 1,112,025 30,985 1,306,990 93273 Restrooms on Clearwater Beach 588,000 588,000 588,000 73,288 178,334 336,378 93277 Harborview Infra Rep/Impr 635,451 635,451 635,451 384,613 2,041 248,797 93278 Long Center Infra Repairs 419,104 419,104 419,104 410,256 7,418 1,429 93286 Parking Lot/Bike Path Rsr/Imprv 456,943 456,943 456,943 392,562 480 63,901 93601 Lake Chaut Equest & Nat Preserve 3,695,000 3,680,609 3,680,609 3,680,609 0 C 93602 Sp Events Equip Rep & Rplcmnt 90,000 90,000 90,000 49,608 40,392 93604 Brdwlks & Docks Rep & Rplcmnt 195,000 195,000 195,000 54,300 140,700 93606 Carpenter Complex Clubhouse Rer 3,200,000 3,200,000 3,200,000 3,116,241 50,251 33,508 93607 P&R Cust Mgmt & Fac Sch Sys 60,000 60,000 60,000 54,794 5,206 0 93608 Misc Minor Public Art 13,553 222,230 222,230 10,737 2,132 209,360 93612 McMullen Tennis Complex 400,000 400,000 400,000 6,691 393,309 93613 Clw. Country Club Repair & Renov< 50,000 50,000 50,000 49,850 150 93614 Royalty Theater Acquisition 2,650,000 2,650,000 2,650,000 2,574,517 75,483 93615 Aging Well Center 2,229,720 2,229,720 2,229,720 1,131,916 802,036 295,768 93616 Joe DiMaggio Sports Comp Renov? 3,600,000 3,600,000 3,600,000 3,600,000 93617 Morningside Aquatic Ctr & Pk Renc 0 350,911 350,911 291,335 59,005 571 93619 Ross Norton Ballfield Improvement 0 0 35,000 35,000 0 0 35,000 Sub-Total 34,843,833 35,218,218 29,663 35,247,881 23,688,584 1,205,863 10,353,434 10 13 34 Item #6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1109 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities 93402 Bayfront Promenade 1,375,589 1,327,484 1,327,484 1,327,484 0 C 93403 Beach Guard Facility Maint 50,000 50,000 50,000 26,717 23,283 93405 Downtown Boat Slips 17,147,893 12,611,441 12,611,441 10,045,534 1,565,530 1,000,377 93408 Bch Rec Ctr Boat Ramp Rplcmnt 700,000 700,000 565,699 1,265,699 164,546 231,896 869,257 11 93410 Downtown Boat Slips Maintenance 15,000 15,000 (15,000) 0 0 12 93411 Clearwater Beach Life Guard Reno 0 455,700 455,700 24,806 7,291 423,603 93413 Utilities/Services Replace 403,966 403,966 403,966 395,748 8,218 93429 Dock Replacement & Repair 369,040 349,040 349,040 343,761 5,279 93490 Fuel System R&R 134,792 69,792 69,792 63,258 6,534 93495 Dock Construction 24,858 24,858 24,858 16,408 8,451 93496 Marine Fac Dredge/Maint 576,781 561,781 561,781 554,041 7,740 93497 Docks & Seawalls 686,085 686,085 686,085 517,959 19,590 148,536 93499 Pier 60/Sailing Center Maint 166,952 166,952 166,952 158,032 8,919 Sub-Total 21,650,956 17,422,099 550,699 17,972,798 13,638,293 1,824,307 2,510,198 Attachment number 15 Airpark Page 3 of 6 94817 Airpark Maint & Repair 90,000 90,000 90,000 78,648 11,352 94846 FBO Bldg Improvements 425,000 425,000 425,000 370,065 46,166 8,769 94858 Airpark Security Improvements 166,799 166,799 166,799 108,788 58,011 94863 Airpark Runway Repairs 0 0 125,000 125,000 0 125,000 21 Sub-Total 681,799 681,799 125,000 806,799 557,501 46,166 203,132 Libraries 93527 Books & Other Lib Mat - II 4,698,981 4,698,981 4,698,981 4,189,926 2,888 506,167 Sub-Total 4,698,981 4,698,981 - 4,698,981 4,189,926 2,888 506,167 Garage 94233 Motorized Equip-Cash II 739,731 742,931 742,931 659,918 21,236 61,778 94234 Motorized Equip - LP II 21,319,841 21,319,841 904,467 22,224,308 19,223,356 672,360 2,328,593 14 94238 Police Vehicles 300,000 300,000 300,000 279,975 20,025 94239 Public Utilities Boom Truck 0 0 57,953 57,953 0 57,953 15 Sub-Total 22,359,572 22,362,772 962,420 23,325,192 20,163,248 693,596 2,468,348 Building Maintenance 94510 Air Cond Replace-City Wide 2,323,351 2,298,351 (23,415) 2,274,936 1,903,666 371,271 16 94512 Roof Repairs 602,635 602,635 602,635 460,762 17,362 124,510 94514 Roof Replacements 1,595,334 1,595,334 (24,478) 1,570,856 981,494 589,361 17 94517 Painting of Facilities 844,380 844,380 844,380 422,767 11,600 410,013 94518 Fencing of Facilities 164,811 164,811 164,811 122,415 42,396 94519 Flooring for Facilities 890,872 890,872 (35,130) 855,742 671,040 184,702 18 94521 Elevator Refurbish/Modernization 220,000 220,000 220,000 220,000 94524 Long Center Major Infrst Imprvmts 2,662,500 3,362,500 (6,500) 3,356,000 2,864,955 490,000 1,045 19 94527 Honeywell Performance Contract 0 1,014,338 (244,000) 770,338 304,302 466,038 (2) 20 Sub-Total 9,303,883 10,993,221 (333,523) 10,659,698 7,731,402 985,000 1,943,296 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 108,750 164 108,586 94624 Harborview Demolition 950,000 950,000 950,000 44,828 17,003 888,169 Sub-Total 1,058,750 1,058,750 - 1,058,750 44,993 17,003 996,755 35 Item # 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1109 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous 94729 City-wide Connect Infra 1,706,478 1,706,478 1,706,478 1,366,105 114 340,259 94736 Geographic Information Sys 1,052,726 1,052,726 1,052,726 928,382 124,344 94761 Poll Stor Tank Rem/Repl-Gen Fd 433,658 433,658 433,658 244,249 189,408 94801 Tidemark Upgrade 802,623 802,623 802,623 799,043 3,580 94803 Environmental Assmt & Clean-up 803,664 803,664 803,664 312,461 29,552 461,650 94814 Network Infra & Server Upgrade 1,535,057 1,535,057 1,535,057 1,123,946 411,111 94820 HR Peoplesoft Upgrade 450,000 450,000 450,000 75,420 374,580 94824 IT Disaster Recovery 275,000 275,000 275,000 179,290 95,710 94827 Telecommunications Upgrade 229,000 329,000 329,000 0 329,000 94828 Financial Systems Upgrades 526,628 526,628 526,628 120,007 30,147 376,474 94829 CIS Upgrades / Replacement 597,376 597,376 597,376 172,646 424,730 94830 MS Licensing / Upgrades 425,000 425,000 425,000 412,252 12,748 94833 Computer Monitors 320,000 320,000 320,000 302,647 17,353 94839 Roadway & Traffic Asset Mgt 420,000 420,000 420,000 89,190 96,232 234,579 94842 MSB Pkg Lot Resurf/Imprvmts 400,000 400,000 AttaAWAKer15 12,390 387,610 94848 Station Square Park 519,620 485,926 Pa UtP,926 485,926 0 C 94850 Backfile Conversion of Records 500,000 500,000 500,000 104,872 393,751 1,377 94857 Accela Permitting & Code Enforce 50,000 50,000 50,000 3,473 46,527 94861 Library Technology 0 164,053 164,053 164,053 0 Sub-Total 11,046,829 11,277,189 - 11,277,189 6,732,300 713,849 3,831,041 UTILITIES Stormwater Utility 96124 Storm Pipe System Improvements 7,844,651 7,847,331 24,770 7,872,101 6,606,236 119,619 1,146,246 22 96125 Town Lake 7,610,847 7,610,847 7,610,847 7,556,541 54,306 0 96129 Stev Ck Estuary Restor 6,037,055 6,037,055 6,037,055 4,769,059 1,267,996 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 721,807 69,793 216,400 96141 Kapok Flood Resolution 0 0 0 0 0 C 96152 Lake Bellevue Stormwater Imp 2,351,163 2,351,163 0 2,351,163 1,491,221 395,492 464,450 23 96154 Alligator Creek lmplemt-11 1,772,331 1,156,878 1,156,878 1,156,878 0 C 96158 Transfer Yard Upgrade 309,325 309,325 309,325 109,401 122,956 76,968 96164 Allen's Creek Improvement Project: 499,250 499,250 499,250 149,887 75,411 273,953 96166 Spring Branch Enhancement Proj 1,202,077 1,202,077 1,202,077 136,025 66,101 999,951 96167 Alligator Creek Chan G Drain Impr 992,074 852,477 852,477 852,477 0 C 96168 Stormwater System Expansion 786,000 866,831 866,831 866,831 96169 Stevenson Creek 3,324,745 2,324,745 2,324,745 12,414 2,312,331 96170 Coastal Basin Projects 6,134,079 6,134,079 (2,315,041) 3,819,037 1,325,904 43,843 2,449,290 24 96171 Alligator Creek Chan F Drain Impr 1,792,274 1,826,187 1,826,187 1,006,704 420,011 399,473 96172 Vaccon Cleaner 300,000 300,000 300,000 0 300,000 96173 Alligator Creek Watershed Projects 250,000 1,016,490 1,016,490 135,008 265,030 616,452 96174 Tropic Hills Phase 1 0 0 2,315,041 2,315,041 1,893,513 421,529 25 Sub-Total 42,213,871 41,342,735 24,770 41,367,505 26,029,561 3,526,073 11,811,870 36 Item # 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1109 Prev Qtr Amdmts Budget To Date Encumbran Balance Status Ref Water System 96721 System R & R-Maintenance 1,083,038 1,533,038 16,987 1,550,025 1,062,468 454,663 32,894 40 96739 Reclaimed Water Dist Sys 58,781,651 59,044,785 372,538 59,417,322 47,218,568 5,134,183 7,064,572 41 96740 Water Supply/Treatment 5,522,032 5,522,032 5,522,032 4,380,171 124,373 1,017,489 96741 System R & R-Capitalized 8,800,901 8,876,796 8,876,796 7,989,011 24,930 862,854 96742 Line Relocation-Capitalized 11,850,165 11,625,165 63,361 11,688,526 9,088,672 214,625 2,385,229 42 96743 Mtr Bkflow Prev Dev/Change 4,699,182 4,699,182 4,699,182 2,152,340 1 2,546,842 96744 System Expansion 2,749,673 2,749,673 2,749,673 1,479,656 1,270,017 96750 Well Rehabilitation 0 0 0 0 0 C 96752 Water Service Lines 4,876,792 4,876,792 0 4,876,792 3,456,744 147,402 1,272,645 43 96757 Water Pick Up Trucks 112,801 112,801 112,801 79,021 33,780 96758 Fluoride in Water System 83,780 83,780 (184) 83,596 83,596 0 C 44 96760 Elevated Water Tanks Upgrade 3,208,600 3,208,600 3,208,600 2,174,970 16,448 1,017,183 96761 Telemetry for Wells 675,952 675,952 675,952 151,396 13,913 510,642 96763 Wellfield Expansion 3,307,310 3,307,310 3,307,310 1,363,486 1,567,959 375,865 96764 RO Plant Exp Res #1 8,482,485 8,482,485 Att&4U49, er 15 2,408,498 1,611,468 4,462,518 96766 Water Quality Monitoring Devices 600,000 600,000 Page6ou'000 8,255 591,745 96767 RO Plant Exp Res #2 6,971,250 6,971,250 769,165 7,740,415 1,506,866 51,446 6,182,103 45 96768 Rebate Well, Lk, Pnd Irr Abandmt 200,000 200,000 200,000 9,715 190,285 Sub-Total 122,005,612 122,569,640 1,221,866 123,791,506 84,613,434 9,361,411 29,816,660 Sewer System 96202 WWTP Screw Pump Replacement 1,149,860 1,149,860 1,149,860 110,245 53,578 986,037 96203 SCBA Equipment 42,540 42,540 42,540 0 42,540 96611 Bio-Solids Treatment 10,711,918 10,003,784 0 10,003,784 7,663,046 6 2,340,731 30 96615 Odor Control 820,182 820,182 277,363 1,097,546 677,427 84,827 335,291 31 96619 WWTP Generator Replacements 5,019,731 5,019,731 0 5,019,731 1,473,205 1,254,342 2,292,184 32 96620 WWTP Headworks 6,439,651 6,460,115 (245,940) 6,214,175 6,214,175 0 C 33 96621 WWTP New Presses 1,778,786 1,809,276 1,099,717 2,908,993 205,905 17,666 2,685,423 34 96622 WWTP Aeration Imp 3,897,000 3,897,000 3,897,000 3,198,286 666,601 32,113 96624 Liquid Disinfection 1,038,310 1,483,310 1,483,310 378,983 1,091,957 12,370 96630 Sanitary Sewer Extension 5,115,894 5,115,894 477,000 5,592,894 1,123,265 780,388 3,689,241 35 96634 Sanitary Util Reloc Accmmdtn 3,885,693 3,885,693 3,885,693 3,248,998 68,906 567,789 96645 Laboratory Upgrade & R&R 1,016,259 1,016,259 1,016,259 806,565 209,694 96654 Facilities Upgrade & Improvement 2,893,347 2,893,347 0 2,893,347 1,780,863 87,121 1,025,363 36 96664 WPC R& R 12,343,510 12,343,510 12,343,510 10,920,444 347,149 1,075,917 96665 Sanitary Sewer R&R 28,452,385 28,452,385 30,289 28,482,674 15,376,845 2,967,700 10,138,129 37 96666 WWTP New Bypass & NE Pump 2,010,400 2,010,400 0 2,010,400 62,908 33,133 1,914,359 38 96670 Poll Stor Tank Remov-WPC 207,756 207,756 207,756 195,148 12,608 96686 Pump Station Replacement 14,219,027 14,219,027 0 14,219,027 12,005,606 530,045 1,683,376 39 Sub-Total 101,042,249 100,830,069 1,638,429 102,468,499 65,441,915 7,983,419 29,043,164 Gas System 96358 Environmental Remediation 1,889,294 1,889,294 1,889,294 914,627 82,120 892,546 96365 Line Relocation-Pinellas Maint 1,651,089 1,656,926 1,656,926 390,656 1,266,271 96367 Gas Meter Change Out-Pinellas 1,340,000 1,340,000 1,340,000 191,331 1,148,669 96374 Line Relocation-Pinellas Capital 2,836,983 2,836,983 2,836,983 1,644,508 371,060 821,415 96376 Line Relocation - Pasco Maint 630,000 630,000 630,000 27,618 602,382 96377 Pinellas New Main / Service Lines 14,351,957 14,404,939 14,404,939 12,478,654 14,708 1,911,577 96378 Pasco New Mains / Service Lines 10,950,782 10,969,468 10,969,468 7,693,192 14,995 3,261,281 96379 Pasco Gas Meter Change Out 820,000 820,000 820,000 52,616 767,384 96381 Line Reloc-Pasco-Capital 755,000 755,000 755,000 954 754,046 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 992,000 748,984 97,950 145,066 96384 Gas Building Renovation 799,675 799,675 799,675 230,836 243,835 325,003 96385 Gas Main Extensions 1,257,845 1,357,845 1,357,845 667,484 690,361 96386 Expanded Energy Conservation 0 2,075,709 2,075,709 49,143 77,426 1,949,140 Sub-Total 38,274,625 40,527,839 40,527,839 25,090,604 902,094 14,535,142 37 Item # 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2009 to June 30, 2010 Description Budget 10/1109 Amended Prev Qtr Amdmts Actual Expenditures Revised Project Open Budget To Date Encumbran Available Balance Amend Status Ref Solid Waste 96426 Facility R & R 1,476,752 1,476,752 229,994 1,706,746 1,281,424 22,815 402,507 26 96438 Vehicle Acquisition 906,461 906,461 906,461 777,258 129,203 96440 Improvements to SW Complex 208,785 208,785 (116,211) 92,574 92,574 0 C 27 96442 SW Vehicle Replacements 1,359,769 1,359,769 (502,270) 857,499 857,499 0 C 28 96443 Res Container Acquisition-II 861,741 861,741 861,741 569,118 39,841 252,782 96444 Comm Container Acquisition-II 1,700,020 1,700,020 1,700,020 1,031,408 296,016 372,596 Sub-Total 6,513,528 6,513,528 (388,487) 6,125,041 4,609,281 358,672 1,157,088 Utility Miscellaneous 96516 Citywide Aerial Photo 155,533 155,533 155,533 150,283 5,250 96523 Pub Utilities Adm Bldg R&R 287,054 287,054 35,130 322,184 199,846 4,160 118,178 29 Sub-Total 442,587 442,587 35,130 477,717 350,128 4,160 123,428 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 Attac e9TVer15 399,875 Page f 272,050 96805 Recyc Expan/Prom/R&R 987,923 987,923 253,602 1,241,525 677,637 563,887 46 96806 Recycling Equip Replacement 2,631,437 2,631,437 (769,582) 1,861,855 1,861,855 0 C 47 Sub-Total 4,291,285 4,291,285 (515,980) 3,775,305 2,939,367 - 835,938 TOTAL ALL PROJECTS 568,265,042 561,298,726 3,363,951 564,662,677 387,944,992 31,421,342 145,296,343 38 Item # 6 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Planning Historic District Evaluation - To record a $10,022.55 budget decrease returning funds to general fund retained earnings to match budget with actual expenses 1 99141 (10,023) and close program. (10,023) Attachment number 16 Page 1 of 7 Design Review - To record a $10,000.00 budget decrease returning funds to general fund retained earnings to match budget with actual expense and close 2 99142 (10,000) program. (10,000) Enclave Annexation - To record a $15,000.00 budget decrease returning funds to general fund retained earnings to match budget with actual expenses and 3 99143 (15,000) close program. (15,000) Electronic Plan Submittal - To record a $244,000.00 budget transfer of U.S. Department of Energy Block Grant funds to project 181-99859, City Facilities Retrofits; and a budget Increase of $244,000 in General Fund reserves representing the return of funds from capital project 315-94527, Honeywell Performance Contract. This reallocation of funds was approved by 4 99857 244,000 (244,000) Council on September 22, 2010. 0 Planning Totals: 208,977 (244,000) (35,023) Public Safety Programs In-car Dig. Cam & M/C Helmets - To establish the project and record a $87,366.00 budget increase representing funding from Department of Justice, Bureau of Justice Assistance (DOJ/BJA) Edward Byrne Memorial Justice Assistance Grant. This Justice Assistance Grant will provide replacement digital cameras in patrol cars of CPD's Traffic Team and regular Patrol Oficers; as well as replacement of the helmets for CPD's four police officers in the Police Motorcycle Unit. This was approved by the Council on 5 99257 87,366 September 22, 2010. 87,366 39 Item # 6 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Pedestrian Safety Enforcement - To establish the project and record a $50,000.00 budget increase representing funding from Florida Department of Transportation. The FDOT has developed a Pedestrian Safety Action Plan for all of Pinellas County and has received a grant from the National Highway Traffic Safety Administration to suppol; e o f"Yl ft ntation of that plan. The plan will conduct enhancements to traffic control devices and support education efforts. The plan will also include enhance enforcement of traffic violations associated with pedestrian issues. Approved 6 99258 50,000 by the Council June 17, 2010. 50,000 Buffer Zone Protection Program #2 - To record a $894.12 budget decrease in grant funding to match budgeted revenue with actual revenue received and 7 99263 (894) close program. (894) School Resource Officers - To record $277,356.87 budget increase representing (1) a budget increase of $2,319.87 in reimbursement from the Pinellas County School Board. This represents reimbursements for overtime at school functions worked at the School; (2) a budget transfer of $128,007.00 from project 181-99356, Safe Neighborhood Program; and (3) a budget increase of $147,030.00 in reimbursement from the Pinellas County School Board. The second and third amendments above were approved by Council September 9, 2010 with the approval of the new 8 99264 149,350 128,007 agreement with the School Board. 277,357 AmeriCorps 2009 - To record $14,800.88 budget decrease representing (1) a budget transfer of $2,199.61 in Fines, Forfeitures & Penalties revenue to project 181-99331, Special Law Enforcement Trust Fund; and (2) a budget decrease of $12,601.27 in other state grant funds to match budgeted revenues with actual grant revenue received. This will close the 9 99265 (12,601) (2,200) project. (14,801) Police Education Fund - To record a budget increase of $7,729.62 in Police Education Fine revenue. This will bring the budget in line with the actual revenue 10 99317 7,730 received. 7,730 Investigative Cost Recovery - To record a budget increase of $35,974.88 in Fines, Forfeitures & Penalties revenue. This will bring the budget in line with actual 11 99329 35,975 revenue received. 35,975 40 Item # 6 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Florida Contraband Forfeiture Fund - To record a budget increase of $79,197.85 in Fines, Forfeitures & Penalties revenue. This will bring the budget in line with 12 99330 79,198 actual revenue received. 79,198 Special Law Enforcement Trust Fund -To record budget decrease of $34,505.rAge' i tfflg (1) a budget transfer of $2,199.61 in Fines, Forfeitures & Penalties revenue from project 181-99265, AmeriCorps 2009. The project is closed and the remaining revenue is being returned to the original project; and (2) a budget decrease of $36,705.18 in Fines, Forfeiture & Penalties revenue to correct a budget entry from 2009 13 99331 (36,705) 2,200 which caused the budget to be overstated. (34,506) Vehicle Replacement - To record a budget transfer of $11,061.00 in Police Services revenue from project 181- 99908, Extra Duty Program. This represents actual collections for the last quarter (April through June 2010) 14 99350 11,061 to fund vehicle replacements. 11,061 Safe Neighborhood Program - To record a budget transfer of $128,007 in Fines Forfeitures and Penalties revenue to project 181-99264, School Resource Officers, as approved by Council on September 9, 2010 with the approval of the new agreement with the School 15 99356 (128,007) Board. (128,007) Federal Forfeiture Sharing - To record a budget increase of $43,583.42 in US Department of Justice revenue. This will bring the budget in line with actual 16 99387 43,583 revenue received. 43,583 Public Safety Program Totals: 403,001 11,061 414,062.07 Community Development Programs Public Facilities 2008 - To record a $1,200.00 budget transfer in grant revenue from 2008 remaining unused 17 99612 (1,200) project funds to 181-99630, Public Facilities 2010. (1,200) Relocation/Demolition 2008 - To record a $43,259.34 budget transfer in grant revenue from 2008 remaining unused project funds to 181-99635, 18 99617 (43,259) Relocation/Demolition 2010. (43,259) 41 Item # 6 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Infill Housing 2008 - To record a $354,674.42 budget transfer in grant revenue from 2008 remaining unused 19 99618 (354,674) project funds to 181-99636, Infill Housing 2010. (354,674) Public Facilities 2009 - To record a $2,400.00 budget transfer in grant revenue from O rata Ktfrj unused 20 99620 (2,400) project funds to 181-99630, Public Facilities 2010. (2,400) Housing Rehab 2009 - To record a budget transfer of $5,213.50 in grant revenue from 181-99623, Housing Rehab 2009, representing remaining unused project 21 99622 5,214 funds. 5,214 Program Administration 2009 - To record a budget transfer of $5,213.50 in grant revenue from 2009 remaining unused project funds to 181-99622, Housing 22 99623 (5,214) Rehab 2009. (5,214) Public Facilities 2010 - To record budget transfers of $1,200.00 from 181-99612, Public Facilities 2008; and $2,400.00 from 181-99620, Public Facilities 2009, in grant revenue representing remaining unused project 23 99630 3,600 funds. 3,600 Relocation/Demolition 2010 - To record a budget transfer of $43,259.34 in grant revenue from 181-99617, Relocation/Demolition 2008, representing remaining 24 99635 43,259 unused project funds. 43,259 Infill Housing 2010 - To record a $354,674.42 budget transfer in grant revenue from 181-99618, Infill Housing 25 99636 354,674 2008, representing remaining unused project funds. 354,674 Community Development: Total: 0 0 0 Social Services Mt Carmel (Non-HUD) - To record a budget transfer $49,156.06 grant revenue transfer from remaining unused project funds to 181-99538, Affordable Housing 26 99532 (49,156) Impact Fees. (49,156) Affordable Housing Impact Fees - To record a budget transfer of $49,156.06 in grant revenue from 181-99532, 27 99538 49,156 Mt Carmel (Non-HUD). 49,156 Social Services Total: 0 0 0 42 Item # 6 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Marine Program 28 99707 180 Marine Program Totals: 180 Miscellaneous Programs: 29 99822 (22,496) 30 99847 (3,334) 31 99851 375,624 32 99859 33 99863 200,000 34 99871 459 0 244,000 Beach Guard Donations - To record a budget increase of $180.00 in donations to match budgeted revenues with actual revenues received. Attachment number 16 Page 5 of 7 JWB - North Teen 2001 - To record a $22,496.05 budget decrease in grant revenue to match budget with actual revenue and expense and close program. JWB - Wood Valley Teens - To record a $3,333.80 budget decrease in grant revenue to match budget with actual revenue and expense and close program. Special Events YR 07-08 - To record a $375,624.02 budget increase representing; $274,902.41 in Sales, $6,500.00 in Sponsorships, $1,300.00 in Memberships/Registrations, $937.00 in Donations, $17,748.89 in Rentals, and $74,235.72 in Reimbursements to match budgeted revenue with actual revenue received. City Facilities Retrofits - To record a $244,000.00 budget transfer of U.S. Department of Energy Block Grant funds from project 181-99857, Electronic Plan Submittal. This reallocation of funds was approved by the Council on September 22, 2010. Pension Changes - To establish $200,000.00 budget representing a transfer from general fund retained earnings to pay for any costs incurred related to pension changes including cost for legal and actuary services. Approved by the Council on August 5, 2010. State Brownfield Redevelopment - To record a budget increase of $459.13 in interest revenue to match budgeted revenues with actual revenues received. 43 Item # 6 180 180 (22,496) (3,334) 375,624 244,000 200,000 459 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Number Number Amount 35 99874 2,100,000 36 99886 37 99889 Retirement Incentive Program - To record a budget increase of $2,100,000 of reserves from various operating funds to cover the cost of early retirement incentive packages as approved by City Council on August 5, 2010. Transfers include: $1,270,000 from the General Fund; $450,000 from the Water and Sewer Fund; $11,000 from the Gas FWad,e UQQPQ6 from the Solid Waste Fund; $50,000 fr&rWef1,67 Recycling Fund; $40,000 from the Parking Fund; $100,000 from the Administrative Services Fund; $70,000 from the Garage Fund; $26,500 from the Stormwater Fund; and $2,500 from the General Services Fund. JWB - North Greenwood Camp 2008 - To record a budget decrease of $5,193.03 in grant revenue to match budgeted revenues with actual revenues received and (5,193) close program. 73 38 99908 199,088 (11,061) 39 99910 12,286 Teen Club - To record a budget increase of $73.41 in Donations revenue to match budgeted revenues with actual revenues received. Police Extra Duty Program - To record a net budget increase of $188,026.50 representing the following amendments: 1) a budget increase of $199,087.50 in Police Services revenue to reflect actual revenue collected for extra duty jobs. This represents actual collections for the last quarter (April thru June 2010) to fund vehicle replacements; and 2) a budget transfer of $11,061.00 in Police Services revenue to project 181- 99350, Vehicle Replacement. Library Special Account - To record a budget increase of $12,286.43 in donations revenue to match budgeted revenues with actual revenues received. Peg Access Support - Record a $19,500.00 budget increase in donations representing Public Education and Government funding received from Knology to be 40 99925 19,500 used to support our C-View channel 15. 41 99928 1,274 42 99962 12,160 Intrafund Transfer Amount Description Nagano Sister City Program - To record a budget increase of $1,274.00 in donations to match budgeted revenue with actual revenue received. Park & Recreation Specified & Gift Program - To record a budget increase of $12,160.27 representing $4,000.00 in sponsorships, $50.00 in sales, and $8,110.27 in donation revenue to match budgeted revenues with actual revenue received. Net Budget Amendment 2,100,000 (5,193) 73 188,027 12,286 19,500 1,274 12,160 44 Item # 6 Special Program Fund Third Quarter Budget Amendments October 1, 2009 - June 30, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment 43 99966 (40,000) 44 99970 2,817 Miscellaneous Programs Total: 2,852,259 232,939 Grand Total: 3,464,417 0 Integrated Disability Management - To record a $40,000.00 budget decrease returning funds to the Central Insurance fund and close program. Tree Replacement Program - To Record $2,817.00 budget increase in fines, forfeitures & penalties to match budgeted revenues with actual revenues received. Attachment number 16 Page 7 of 7 45 Item # 6 (40,000) 2,817 3,085,198 3,464,417 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/2009 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 40,000 (10,023) 29,977 29,977 0 0 C 1 99142 Design Review 10,000 10,000 (10,000) 0 0 0 0 C 2 99143 Enclave Annexation 15,000 15,000 (15,000) 0 0 0 0 C 3 99144 Boos Development Mitigation 250,000 250,000 0 250,000 55,497 26,165 168,338 99857 Stimulus - Electronic Plan Submittal & Rey 0 244,000 0 244,000 112,000 0 132,000 4 Sub-Total 360,050 604,050 (35,023) 569,027 231,384 26,165 311,479 PUBLIC SAFETY PROGRAMS 99257 In-car Dig. Cam & M/C Helmets 0 0 87,366 87,366 0 0 87,366 5 99258 Pedestrian Safety Enhancement 0 0 50,000 50,000 0 0 50,000 6 99259 Hispanic Outreach Center 0 100,000 0 100,000 0 0 100,000 99260 Rosetta Stone 0 6,625 0 6,625 6,625 0 0 C 99261 Americorps Clearwater 2010 209,123 209,123 Attachment number 17 wage 1109,123 87,562 0 121,561 99262 Investigative Cost Recovery Officers 564,980 564,980 0 564,980 437,105 0 127,875 99263 Buffer Zone Protection Prog II 192,461 192,461 (894) 191,567 191,566 0 0 C 7 99264 School Resource Officers 262,642 279,343 277,357 556,699 221,669 0 335,030 8 99265 AmeriCorp Clearwater 2009 207,006 207,006 (14,801) 192,205 192,205 0 0 C 9 99268 Human Trafficking Immersion Training 99,730 99,730 0 99,730 54,231 2,000 43,499 99269 AmeriCorps Clearwater 2008 194,242 183,703 0 183,703 183,703 0 0 C 99274 Homeless Shelter 07 473,171 473,171 0 473,171 473,171 0 0 C 99275 Bulletproof Vest Partnership '06 35,801 35,801 0 35,801 6,241 0 29,560 99277 Clearwater Human Trafficking 450,000 500,000 0 500,000 370,125 169 129,706 99279 Police Recruitments 50,000 50,155 0 50,155 39,788 0 10,367 99281 Fed Forfeitures - Treasury 139,329 143,330 0 143,330 34,864 29,389 79,077 99282 COPS Technology 2005 246,661 246,661 0 246,661 246,661 0 0 C 99286 COPS 2004 Technology 692,634 691,015 0 691,015 691,015 0 0 C 99290 Traffic Safety Fund 1,841 1,841 0 1,841 1,517 0 324 99299 Justice Assistance Grant FY07-08 75,380 76,105 0 76,105 76,105 0 0 C 99310 K-9 Equipment 28,758 31,283 0 31,283 31,107 0 176 99316 Police Volunteers 115,421 115,421 0 115,421 99,839 0 15,582 99317 Police Education Fund 1,065,487 1,084,667 7,730 1,092,396 973,509 0 118,887 10 99325 Citizen's Police Academy 34,113 39,113 0 39,113 30,356 0 8,757 99329 Investigative Recovery Costs 1,271,535 1,351,885 35,975 1,387,860 1,231,313 16,839 139,708 11 99330 FL Contraband Forfeiture Fnd 528,159 716,543 79,198 795,741 564,109 0 231,632 12 99331 Law Enforcement Trust FD '91 2,541,073 2,842,197 (34,506) 2,807,691 2,472,353 0 335,338 13 99350 Vehicle Replacement Fund 113,751 139,430 11,061 150,491 0 0 150,491 14 99353 DUI Education 3,000 3,000 0 3,000 1,420 0 1,580 99356 Safe Neighborhood Program 669,485 485,892 (128,007) 357,885 217,017 0 140,868 15 99363 DUI Equipment Fund 19,000 19,000 0 19,000 19,000 0 0 C 99364 Crime Prevention Program 23,095 23,095 0 23,095 19,188 0 3,907 99387 Federal Forfeiture Sharing 890,822 992,439 43,583 1,036,022 686,331 81,603 268,088 16 99947 Safe Neighborhood TV Specialist 588,647 567,240 0 567,240 567,240 0 0 C Sub-Total 11,787,347 12,472,254 414,062 12,886,315 10,226,936 130,000 2,529,379 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,334 0 65,666 99612 Public Facilities 2008 373,918 135,201 (1,200) 134,001 134,001 0 0 C 17 99613 Economic Development 34,233 34,233 0 34,233 34,233 0 0 C 99614 Housing Rehab 2008 87,387 87,387 0 87,387 87,387 0 0 C 99615 Program Administration 2008 177,691 165,674 0 165,674 165,674 0 0 C 99617 Relocation/Demolition'08 191,670 191,670 (43,259) 148,411 148,411 0 (0) C 18 99618 Infill Housing 2008 1,583,244 1,583,244 (354,674) 1,228,570 1,228,570 0 0 C 19 99619 Public Services 2009 177,062 140,552 0 140,552 140,552 0 0 C 99620 Public Facilities 2009 330,699 203,875 (2,400) 201,475 191,403 10,072 0 20 99621 Economic Development 2009 30,000 28,286 0 28,286 28,286 0 0 C 99622 Housing Rehab 2009 311,913 121,092 5,214 126,305 126,305 0 0 C 21 46 Item # 6 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/2009 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99623 Program Administration 2009 155,958 161,172 (5,214) 155,958 155,958 0 0 C 22 99624 Fair Housing 2009 29,284 29,284 0 29,284 29,284 0 0 C 99625 Relocation/Demolition 2009 40,670 0 0 0 0 0 0 C 99626 Infill Housing 2009 131,742 30,000 0 30,000 30,000 0 0 C 99627 CDBG-R East Gateway Fagade Imprmt 80,000 80,000 0 80,000 0 0 80,000 99628 CDBG-R East Gateway Sidewalk Imprmt 146,395 146,395 0 146,395 12,830 133,564 0 99629 CDBG-R Program Administration 25,154 25,154 0 25,154 10,130 0 15,024 99630 Public Facilities 2010 195,710 573,267 3,600 576,867 150,000 45,710 381,157 23 99631 Economic Development 2010 10,000 11,596 0 11,596 8,772 0 2,824 99632 Housing Rehab 2010 185,921 325,921 0 325,921 80,290 0 245,631 99633 Program Administration 2010 186,562 186,562 0 186,562 155,172 0 31,390 99634 Fair Housing 2010 29,984 29,984 0 29,984 19,046 10,937 0 99635 Relocation/Demolition 2010 140,000 40,670 43,259 83,929 0 0 83,929 24 99636 Infill Housing 2010 35,000 35,000 354,674\tta chmAr%Q417 26,575 0 363,100 25 99637 Public Services 2010 149,632 149,632 (fage 2 149,632 51,160 91,472 7,000 Sub-Total 4,954,828 4,630,851 (0) 4,630,851 3,063,373 291,756 1,275,723 SOCIAL SERVICES 99532 Mt Carmel (Non-HUD) 99538 Affordable Housing Imp Fees 99562 HUD Special Education MARINE 99704 Sembler Mitigation Project 99707 Beach Guard Donations 248,671 248,671 (49,156) 199,515 199,515 0 0 C 26 343,740 359,280 49,156 408,436 132,714 19,502 256,220 27 30,000 30,000 0 30,000 26,400 0 3,600 Sub-Total 622,411 637,951 0 637,951 358,629 19,502 259,820 635,217 652,398 0 652,398 134,480 0 517,918 80,083 82,583 180 82,763 67,918 0 14,845 28 Sub-Total MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 99804 City Manager's Flexibility Fund 99822 JWB-Norton Teen 2001 99834 Neighborhood Svices Grants 99835 JWB Programmer N. Greenwood 99844 United Way 99846 Economic Development - QTI 99847 JWB - Wood Valley Teens 99851 Special Events FY07-08 99854 Brownfield EPA Assessment 99855 EPA Brownfield Recovery Assessment 99856 Stimulus - LEED Training Certification 99858 Stimulus - Clearwater Energy Strategies 99859 Stimulus - Energy Effiiciency Retrofit 99861 Gas GIS Upgrade 99862 Employee Health Clinic 99863 Pension Changes 99870 Drive Cam Driver 99871 State Brownfields Redevelopment Acct 99872 Coordinated Child Care - Ross Norton 99873 Coordinated Child Care -No. Greenwood 99874 Reitrement Incentive Program 99875 Public Art Donations 99876 Florida Bar Student Internship 99886 JWB - N. Greenwood Camp 2008 99889 Teen Club 99890 Cultural Art Fund 99898 Fire Dept Honor Guard 99899 GASB 34 Implementation 715,300 734,981 180 735,161 202,398 0 532,763 1,200,000 1,200,000 0 1,200,000 225,663 0 974,337 971,238 966,404 0 966,404 699,221 0 267,183 332,888 332,888 (22,496) 310,392 310,392 0 0 C 29 175,000 166,691 0 166,691 166,691 0 0 C 339,780 339,780 0 339,780 308,332 0 31,448 6,080 6,080 0 6,080 4,689 0 1,391 76,960 76,960 0 76,960 50,866 0 26,094 136,272 136,272 (3,334) 132,938 132,939 0 0 C 30 3,818,783 4,637,619 375,624 5,013,243 4,804,938 24,186 184,118 31 400,000 400,000 0 400,000 323,768 34,049 42,183 400,000 400,000 0 400,000 12,750 96,500 290,750 0 18,000 0 18,000 13,475 0 4,525 0 350,000 0 350,000 0 0 350,000 0 463,400 244,000 707,400 139,020 324,380 244,000 C 32 0 50,000 0 50,000 50,000 0 0 C 0 1,750,000 0 1,750,000 15,641 0 1,734,359 0 0 200,000 200,000 0 0 200,000 33 15,000 14,900 0 14,900 14,900 0 0 C 159,705 161,446 459 161,905 107,670 0 54,235 34 0 100,369 0 100,369 39,508 0 60,861 0 100,369 0 100,369 43,675 1,204 55,490 2,600,000 2,600,000 2,100,000 4,700,000 3,035,652 0 1,664,348 35 27,500 27,500 0 27,500 26,304 1,196 0 2,400 2,233 0 2,233 2,233 0 0 C 82,430 82,430 (5,193) 77,237 77,237 0 0 C 36 4,180 4,185 73 4,258 3,132 0 1,126 37 13,081 13,081 0 13,081 13,081 0 0 C 15,279 16,979 0 16,979 13,131 0 3,848 238,000 238,000 0 238,000 87,013 9,325 141,662 47 Item # 6 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2009 to June 30, 2010 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/2009 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99908 Police - Outside Duty 4,669,224 5,048,766 188,027 5,236,793 5,298,638 0 (61,845) 38 99910 Library Special Account 624,169 635,636 12,286 647,922 535,560 56 112,307 39 99925 Peg Access Support 799,261 818,761 19,500 838,261 727,560 8,275 102,426 40 99927 Emergency Operation 5,125,807 5,125,807 0 5,125,807 2,911,216 5,000 2,209,591 99928 Nagano Sister City Program 78,329 83,163 1,274 84,437 68,381 0 16,056 41 99950 IDB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99962 Parks & Rec Gift Giving Pgm 1,351,356 1,355,950 12,160 1,368,110 1,346,412 0 21,699 42 99966 Integrated Disability Mgmt Assmnt & Impl 80,000 80,000 (40,000) 40,000 40,000 0 0 C 43 99970 Tree Replacement Project 932,470 1,046,470 2,817 1,049,287 627,441 1,378 420,468 44 99982 EMS Incentive/Recognition 69,700 69,700 0 69,700 41,088 0 28,612 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 45,744 0 4,256 99997 Main Library Field Trust 115,571 115,571 0 115,571 0 30,000 85,571 99998 Safety Village 28,666 28,766 0 28,766 21,716 0 7,050 Sub-Total 24,993,260 29,168,307 3,085,198AttaeV„g§%AQ§ 1722,418,508 535,549 9,299,449 Page 3 of 3 TOTAL ALL PROJECTS 43,433,196 48,248,393 3,464,417 51,712,810 36,501,227 1,002,973 14,208,613 48 Item # 6 City of Clearwater Attachment SPECIAL DEVELOPMENT FUND Page 1 of 1 number 18 Third Quarter FY 2009/10 Increase/ (Decrease) Description Revenues By the end of August, basically all property tax revenues have been received. The budget is adjusted to Road Millage 3,310 reflect actual collections for the year. To reduce the budget for infrastructure tax proceeds to bring the budget in line with actual receipts due to the Infrastructure Sales Tax (1,600,000) slow economy. To adjust interest earnings to reflect a slightly higher Interest Earnings 118,000 projection for the fiscal year. To reduce budget proceeds to bring the budget in line Open Space Impact Fees (35,000) with actual receipts due to the slow economy. To reduce budget proceeds to bring the budget in line Transportation Impact Fees (120,000) with actual receipts due to the slow economy. Mid year amendments reflect the following: 1) an allocation of $232,663.23 in Fee in Lieu of Parking reserves to the capital project 315-92636, Parking Lot Improvement, this reflects the equity fund balance remaining at September 30, 2009; and 2) an allocation of $24,769.87 of Drainage Impact Fee reserves to project 315-96152, Lake Bellevue Stormwater Improvements, this reflects the equity fund balance at Allocation of Designated Reserves 257,433 September 30, 2009. $ (1,376,257) Net Revenue Amendments Expenditures Mid year expenditure amendments reflect the following: 1) a transfer of $232,663.23 in Fee in Lieu of Parking reserves to the capital project 315-92636, Parking Lot Improvement; 2) a transfer of $24,769.87 of Drainage Impact Fee reserves to project 315-96152, Lake Bellevue Stormwater Improvements; 3) the return of $331,180.23 of Infrastructure Sales Tax revenue from the close of project 315-91242, Fire Training Facility; and 4) the return of $6,500.00 of Infrastructure Sales Tax revenue from the close of project 325-94524, Long Transfer to Capital Improvement Fund (80,247) Center Major Infrastructure Improvements. $ (80,247) Net Expenditure Amendments 49 Item # 6 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2009 -June 30, 2010 Attachment number 19 Page 1 of 2 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2009/10 2009/10 2009/10 2009/10 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,090,670 2,090,670 2,090,670 2,093,980 3,310 Infrastructure Tax 10,167,770 10,167,770 10,167,770 8,567,770 (1,600,000) Pinellas County Fire Tax 0 0 0 0 Interest Earnings 800,000 800,000 800,000 918,000 118,000 Open Space Fees 50,000 50,000 50,000 15,000 (35,000) Recreation Facility Impact Fees 20,000 20,000 20,000 20,000 Recreation Land Impact Fees 50,000 50,000 50,000 50,000 Transportation Impact 250,000 250,000 250,000 130,000 (120,000) Local Option Gas Tax 1,340,000 1,340,000 1,340,000 1,340,000 Allocation of Designated Reserves 420,000 420,000 1,328,677 1,586,110 257,433 Allocation of Undesignated Reserves 950,000 950,000 5,550,000 5,550,000 Transfer-In from Capital Improvement Plan 0 1,339 1,339 1,339 16,138,440 16,139,779 21,648,456 20,272,199 (1,376,257) Expenditures: Transfer to Capital Improvement Fund Road Millage 2,090,670 2,090,670 2,090,670 2,090,670 Infrastructure Tax 6,225,000 6,191,171 6,621,506 6,283,826 (337,680) Recreation Facility Land Fees 0 0 0 Open Space Impact Fees 0 0 0 Fee in Lieu of Parking 0 0 232,663 232,663 Drainage Impact Fees 0 0 24,770 24,770 Transportation Impact fees 290,000 290,000 290,000 290,000 Local Option Gas Tax 1,720,000 1,720,000 1,720,000 1,720,000 Developer Contributions - Public Art 0 0 208,677 208,677 Undesignated Special Development 950,000 950,000 5,550,000 5,550,000 Debt Service on Penny for Pinellas Bonds 1,147,460 1,147,460 1,147,460 1,147,460 12,423,130 12,389,301 17,628,313 17,548,066 (80,247) 50 Item #6 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2009 -June 30, 2010 SPECIAL PROGRAM FUND Revenues: CDBG Program Income Interest Earnings Grant Funds Other Governmental Revenue Police Fines and Court Proceeds Donations Sales Rentals Sponsorships Memberships/Registrations Contractual Services Transfers from General Fund Sister City Program City Manager's Flexibility Fund Special Events Qualified Tax Incentive Homeless Shelter Program Neighborhood Services Grants Transfers from Water & Sewer Fund Transfers from Gas Fund Transfers from Solid Waste Fund Transfers from Recycling Transfers from Stormwater Fund Transfers from Parking Transfers from General Service Fund Transfers from Garage Fund Transfers from Administrative Services Fund Transfers from Central Insurance Fund Expenditures: CDBG/Home Funds Planning Public Safety Community Development Social Services Marine Sister City Program City Manager's Flexibility Fund Special Event Funding Qualified Tax Incentive Homeless Shelter Program Other Miscellaneous Programs SPECIAL PROGRAM FUND Revenues: SHIP Funds Expenditures: SHIP Program Original First Quarter Mid Year Budget Amended Budget Amended Budget 2009/10 2009/10 2009/10 Attachment number 19 Page 2 of 2 Third Quarter Amended Budget 2009/10 Amendments 1,521,830 1,521,830 1,197,853 1,197,853 300,000 334,670 335,187 335,646 459 0 1,270,991 1,270,891 1,363,739 92,848 0 209,808 217,439 410,372 192,933 0 461,362 607,532 696,546 89,014 0 13,827 44,044 86,405 42,361 0 214,965 444,572 719,525 274,952 0 41,381 59,583 77,331 17,749 0 66,962 102,462 112,962 10,500 0 18,875 20,375 21,675 1,300 0 345,122 595,567 868,890 273,323 0 0 (167) 1,678,811 1,678,977 3,000 3,000 3,000 3,000 100,000 100,000 100,000 100,000 70,000 70,000 70,000 70,000 4,600 4,600 4,600 4,600 100,000 100,000 100,000 100,000 0 (8,309) (8,309) (8,309) 0 0 0 450,000 450,000 0 0 0 11,000 11,000 0 0 0 80,000 80,000 0 0 0 50,000 50,000 0 0 0 26,500 26,500 0 0 0 40,000 40,000 0 0 0 2,500 2,500 0 0 0 70,000 70,000 0 0 0 100,000 100,000 0 0 1,750,000 1,710,000 (40,000) 2,099,430 4,769,084 6,914,626 10,379,044 3,464,417 1,521,830 1,521,830 1,521,830 1,521,830 0 244,000 244,000 208,977 (35,023) 0 532,470 675,518 1,089,580 414,062 0 0 (323,977) (323,977) 0 15,540 15,540 15,540 0 19,681 19,681 19,861 180 3,000 3,000 3,000 3,000 100,000 100,000 100,000 100,000 70,000 70,000 70,000 70,000 4,600 4,600 4,600 4,600 100,000 100,000 100,000 100,000 0 1,857,963 4,184,435 7,269,633 3,085,198 1,799,430 4,469,084 6,614,626 10,079,044 3,464,417 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 97,330 51 Item #6 Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2009 / 10 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change orders have been administratively approved since the last report to the Council based on the code specified criteria: 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in any one change or cumulatively for the same project. 06/03/10 Administrative Change Order #5 - South Gulfview Blvd. Reconstruction Contract (07-0060-EN). This change order is for the purpose of adjusting line item quantities due to unforeseen field conditions, resulting in an increase to the contract amount, and an extension of twenty-eight (28) days. R.E. Purcell Construction Company, Inc. 70,000.00 06/04/10 Administrative Change Order #2 - 2009 Sidewalk Contract (09-0039-EN). This change order is for the purpose of adjusting line item quantities as warranted by field conditions. Increases and decreases to line items result in a zero net change to the contract amount. Kilgore Construction, LLC. 0.00 06/15/10 Administrative Change Order #6 and final - South Gulfview Blvd. Reconstruction Contract (07-0060-EN). This change order is for the purpose of adjusting line items to actual quantities used and to close out the contract resulting in a net increase to the project. R.E. Purcell Construction Company, Inc. 10,175.81 06/24/10 Administrative Change Order #1 and final - Beach Connector Trail Phases 1 & 2 (04-0042-EN). This change order is for the purpose of adjusting line items to actual quantities used and to close out the contract resulting in a net decrease to the project. Clark Hunt Construction, Inc. (140,389.03) 06/25/10 Administrative Change Order #3 - Downtown Boat Slips (06-0033-MA). This change order is for the purpose of increasing line items and extending the contract by twenty-one (21) days. Misener Marine Construction, Inc. 71,212.61 06/29/10 Administrative Change Order #4 - Lake Bellevue Branch 6A Stormwater Managemet Project (03-0030-EN). This change order is for the purpose of decrease unused items and increase items for additional drainage structure and roadwork resulting in a net reduction to the contract. Caladesi Construction Company (12,201.64) 52 Item # 6 Attachment number 20 Page 2 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2009 / 10 07/02/10 Administrative Change Order #1 and final - Spencer Pond Project (09-0024-EN). This change order is for the purpose of adjusting quantities to actual usage and to close out the project resulting in a net reduction to the contract. R. Cobb Construction Company (596.73) 07/07/10 Administrative Change Order #3 - 2009 Sidewalk Project (09-0039-EN). This change order is for the purpose of adjusting quantities as warranted by field conditions and adds unforeseen items to complete the repair and replacement of existing City sidewalks. Kilgore Construction, LLC 31,696.35 07/14/10 Administrative Change Order #1 - Overlea Street and Stevenson Drive Gravity Sewer Improvements Project (03-0037-UT). This change order is for the purpose of providing 6" PVC pipe for sanitary sewer in lieu of 4" PVC pipe laterals per City Standards resulting in a net increase to the project. BRW Contracting, Inc. 21,220.00 07/19/10 Administrative Change Order #1 - WTP 1 & 3 Wellfield Expansion Phase 1(07- 0037-UT). This change order is needed to delete Well 52R and Well 69 Rehab, add new Well 69R, add demolition and abandonment of Well 69, upsizing pump and piping at Well 1-3, add 8" liner at Well 3-4, acidize Well 3-5 and add fifty- nine (59) days to the contract. Southeast Drilling Services, Inc. 145,263.33 07/27/10 Administrative Change Order #1 and final - Del Oro Elevated Storage Tank Demolition (09-0043-UT). This change order is for the purpose of adjusting quantities to actual usage and to close out the project resulting in a net reduction to the contract. JVS Contracting, Inc. (2,300.00) 08/11/10 Administrative Change Order #3 and final - 2009 Bridge Rehabilitation Project (09-0050-EN). This change order is for the purpose of adjusting quantities to actual usage and to close out the project resulting in a net reduction to the contract. Castco Construction, Inc. (6,235.19) 08/24/10 Administrative Change Order #3 and final - Bayfront Uplands Umprovement Project (07-0045-MA). This change order is for the purpose of adjusting quantities to actual usage and to close out the project resulting in a net reduction to the contract. Caladesi Construction, Inc. (36,806.78) 53 Item # 6 Attachment number 21 Page 1 of 1 ORDINANCE NO. 8218-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER FUND, SOLID WASTE FUND, RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK FUND, DOWNTOWN BOAT SLIPS FUND, PARKING FUND, HARBORVIEW FUND, ADMINISTRATIVE SERVICES FUND, GENERAL SERVICES FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2010, for operating purposes, including debt service, was adopted by Ordinance No. 8100-09; and WHEREAS, at the Third Quarter Review it was found that an increase of $15,873,986 is necessary for revenues and an increase of $18,421,197 is necessary for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 8100-09 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2009 and ending September 30, 2010 a copy of which is on file with the City Clerk, the City Council hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank Hibbard, Mayor Attest: Pamela K. Akin, City Attorney Rosemarie Call, City Clerk Item # 6 0 i 0. 1 -1 EXHIBIT A 2009-10 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended ArnamdRdent n umber 22 Budget Budget Budget B&dpi of 2 Budget 2009/10 2009/10 2009/10 2009/10 Amendment General Fund: Property Taxes 41,786,420 41,786,420 41,786,420 41,941,465 155,045 Franchise Fees 10,152,000 10,152,000 10,152,000 10,152,000 Utility Taxes 12,321,860 12,321,860 12,321,860 13,221,860 900,000 Licenses, Permits & Fees 3,550,000 3,550,000 3,550,000 3,550,000 Sales Tax 5,313,000 5,313,000 5,313,000 5,313,000 Communications Services Tax 6,814,600 6,814,600 6,814,600 6,014,600 (800,000) Intergovernmental Revenues 11,350,290 11,355,576 11,367,582 13,533,161 2,165,578 Charges for Current Services 3,904,660 3,882,660 3,843,660 3,752,160 (91,500) Fines & Forfeitures 677,300 677,300 677,300 605,300 (72,000) Interest Income 1,140,000 1,140,000 1,140,000 1,140,000 Miscellaneous 926,500 981,500 975,500 975,500 Interfund Charges / Transfers In 17,516,670 20,236,265 27,806,432 27,846,791 40,359 Transfer from Surplus 0 (2,486,645) 2,336,130 3,615,529 1,279,399 Total, General Fund 115,453,300 115,724,536 128,084,484 131,661,366 3,576,882 Special Revenue Funds: Special Development Fund 16,138,440 16,139,779 21,648,456 20,272,199 (1,376,257) Special Program Fund 2,099,430 4,769,084 6,914,626 10,379,044 3,464,417 Local Housing Asst Trust Fund 97,330 97,330 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,827,450 61,189,925 61,189,925 71,638,704 10,448,779 Stormwater Utility Fund 15,579,600 15,579,600 15,579,600 15,984,100 404,500 Solid Waste Fund 18,823,080 18,823,080 19,005,080 19,155,080 150,000 Gas Fund 42,901,470 47,952,869 46,420,259 45,491,259 (929,000) Recycling Fund 2,949,470 3,047,291 3,199,291 3,357,831 158,540 Airpark Fund 249,000 241,000 416,000 441,000 25,000 Marine Fund 4,850,380 4,590,380 3,864,880 4,114,880 250,000 Downtown Boat Slips Fund 631,260 631,260 175,150 113,150 (62,000) Parking Fund 5,405,020 8,805,020 9,260,720 8,860,720 (400,000) Harborview Center Fund 163,080 163,080 315,751 390,451 74,700 Internal Service Funds: Administrative Services Fund 9,430,000 9,455,846 9,459,294 9,435,219 (24,075) General Services Fund 4,991,540 4,991,540 4,991,540 4,994,040 2,500 Garage Fund 12,824,540 12,824,540 13,030,286 13,100,286 70,000 Central Insurance Fund 19,161,320 23,956,320 28,851,320 28,891,320 40,000 Total, All Funds 330,575,710 348,982,480 372,503,992 388,377,978 15,873,986 Ordinance #8218-10 55 Item # 6 EXHIBIT A (Continued) 2009-10 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget BUdgetnent numbeBUdget 2009/10 2009/10 2009/10 208§996 of 2 Amendment General Fund: City Council 296,570 296,570 304,920 304,920 City Manager's Office 1,274,680 1,274,680 1,274,680 1,274,680 City Attorney's Office 1,623,430 1,623,430 1,623,430 1,623,430 City Auditor's Office 182,410 182,410 182,410 182,410 Development & Neighborhood Svcs 0 0 0 0 Economic Development & Housing S 1,374,570 1,374,570 1,374,570 1,374,570 Engineering 7,441,890 7,441,890 7,441,890 7,441,890 Equity Services 0 0 0 0 Finance 2,195,470 2,195,470 2,195,470 2,195,470 Fire 21,760,100 21,760,100 21,760,100 23,041,082 Human Resources 1,108,350 1,108,350 1,108,350 1,108,350 Library 5,710,940 5,710,940 5,710,940 5,710,940 Marine & Aviation 564,440 564,440 564,440 642,647 Non-Departmental 4,903,750 5,136,700 17,415,292 18,888,888 Office of Management & Budget 285,690 285,690 285,690 285,690 Official Records & Legislative Svcs 1,087,520 1,087,520 1,087,520 1,114,520 Parks & Recreation 19,739,130 19,772,130 19,733,130 19,565,630 Planning & Development 4,679,890 4,679,890 4,779,890 4,779,890 Police 37,415,990 37,421,276 37,433,282 38,317,879 Public Communications 1,031,750 1,031,750 1,031,750 1,031,750 Public Services 2,580,000 2,580,000 2,580,000 2,580,000 Allocation to Reserves 196,730 196,730 196,730 196,730 1,280,982 78,207 1,473,596 27,000 (167,500) 884,596 Total, General Fund 115,453,300 115,724,536 128,084,484 131,661,366 3,576,882 Special Revenue Funds: Special Development Fund 12,423,130 12,389,301 17,628,313 17,548,066 (80,247) Special Program Fund 1,799,430 4,469,084 6,614,626 10,079,044 3,464,417 Local Housing Asst Trust Fund 97,330 97,330 97,330 97,330 Utility & Other Enterprise Funds: Water & Sewer Fund 58,672,340 58,672,340 58,672,340 71,638,704 12,966,364 Stormwater Utility Fund 15,579,600 15,579,600 15,579,600 15,606,100 26,500 Solid Waste Fund 18,759,080 18,531,318 17,965,598 17,554,098 (411,500) Gas Fund 40,528,040 45,046,119 43,062,819 42,089,609 (973,210) Recycling Fund 2,949,470 2,949,470 2,845,510 2,895,510 50,000 Airpark Fund 194,070 194,070 369,070 394,070 25,000 Marine Fund 4,552,760 4,423,160 3,862,660 4,062,660 200,000 Downtown Boat Slips Fund 464,230 464,230 154,545 79,545 (75,000) Parking Fund 5,172,020 8,572,020 9,027,720 8,534,162 (493,558) Harborview Center Fund 163,080 163,080 168,080 265,204 97,124 Internal Service Funds: Administrative Services Fund 9,224,590 9,250,436 9,253,884 9,229,809 (24,075) General Services Fund 4,991,540 4,991,540 4,991,540 4,994,040 2,500 Garage Fund 12,824,540 12,824,540 13,030,286 13,100,286 70,000 Central Insurance Fund 18,208,370 18,378,370 23,273,370 23,273,370 Total, All Funds 322,056,920 332,720,544 354,681,775 373,102,972 18,421,197 Ordinance #8218-10 56 Item # 6 Attachment number 23 Page 1 of 1 ORDINANCE NO. 8219-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, TO REFLECT A NET INCREASE OF $3,363,951, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2010 was adopted by Ordinance No. 8101-09; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Section 1 of Ordinance No. 8101-09 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010, a copy of which is on file with the City Clerk, the City Council hereby adopts a Third Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney V Rosemarie Call City Clerk Item # 6 Ordinance No. 8219-10 Attachment number 24 Page 1 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2009110 2009110 2009110 2009110 Amdmnts Police Protection 150,000 50,000 50,000 50,000 Fire Protection 678,490 678,490 678,490 459,790 (218,700) Major Street Maintenance 3,645,670 3,139,185 3,053,704 2,965,241 (88,463) Sidewalks and Bike Trail 0 (1,078,404) (992,923) (954,460) 38,463 Intersections 435,000 435,000 435,000 485,000 50,000 Parking 250,000 3,650,000 (4,602,065) (4,369,402) 232,663 Miscellaneous Engineering 35,000 72,950 (196,715) (196,715) Park Development 5,837,500 6,003,208 6,211,885 6,241,548 29,663 Marine Facilities 4,315,000 (458,105) 86,143 636,842 550,699 Airpark Facilities 10,000 10,000 10,000 135,000 125,000 Libraries 635,310 635,310 635,310 635,310 Garage 2,716,700 2,716,700 2,719,900 3,682,320 962,420 Maintenance of Buildings 277,930 252,930 1,967,268 1,633,745 (333,523) Gen Public City Bldg & Equip 950,000 950,000 950,000 950,000 Miscellaneous 640,000 706,306 870,359 870,359 Stormwater Utility 5,945,000 5,073,864 5,073,864 5,098,634 24,770 Gas System 5,310,000 7,485,709 7,563,214 7,563,214 Solid Waste 520,000 520,000 520,000 131,513 (388,487) Utilities Miscellaneous 26,000 26,000 26,000 61,130 35,130 Sewer System 9,772,590 9,560,410 9,560,410 11,198,839 1,638,429 Water System 9,699,550 10,038,579 10,263,579 11,485,446 1,221,867 Recycling 220,000 220,000 220,000 (295,980) (515,980) TOTAL GENERAL SOURCES: General Operating Revenue General Revenue/County Co-op Road Millage Penny for Pinellas Transportation Impact Fee Recreation Land Impact Fee Drainage Impact Fee Fee in Lieu of Parking Local Option Gas Tax Special Development Fund - Public Art Special Development Fund Grants - Other Agencies Donations Insurance Claims 52,069,740 50,688,133 45,103,424 48,467,375 3,363,951 1,470,990 1,518,217 2,326,809 2,097,472 (229,337) 635,310 635,310 635,310 635,310 2,090,670 2,090,670 2,090,670 2,090,670 6,225,000 6,191,171 6,621,506 6,283,826 (337,680) 290,000 290,000 290,000 290,000 0 (1,339) (1,339) (1,339) 0 0 0 24,770 24,770 0 0 0 232,663 232,663 1,720,000 1,720,000 1,720,000 1,720,000 950,000 950,000 1,158,677 1,158,677 30,000 30,000 30,000 30,000 2,900,000 1,944,155 2,032,703 2,623,402 590,699 900,000 900,000 900,000 900,000 0 0 0 14,246 14,246 Item # 6 58 Ordinance # 8219-10 Attachment number 24 Page 2 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2009/10 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2009110 2009110 2009110 2009110 Amdmnts SELF SUPPORTING FUNDS: Marine Revenue 50,000 (50,000) (50,000) (50,000) Downtown Boat Slips Revenue 15,000 15,000 15,000 0 (15,000) Airpark Revenue 10,000 10,000 10,000 35,000 25,000 Parking Revenue 260,000 3,660,000 4,115,700 4,115,700 Utility System: Water Impact Fees 250,000 250,000 250,000 250,000 Sewer Impact Fees 500,000 500,000 500,000 500,000 Utility R&R 3,050,490 3,050,490 3,050,490 5,973,364 2,922,874 Water Revenue 0 0 0 4,482,101 4,482,101 Sewer Revenue 0 0 0 9,423,343 9,423,343 Stormwater Utility Revenue 5,652,800 5,652,800 5,652,800 5,652,800 Gas Revenue 5,340,000 7,415,709 7,493,215 7,493,215 Solid Waste Revenue 350,000 350,000 350,000 350,000 Grants - Other Agencies 0 (873,815) (873,815) (296,815) 577,000 Other Governmental Revenue 0 20,464 245,464 1,393,789 1,148,325 Developer Contributions 0 62,327 62,327 62,327 Property Owners Share 0 0 0 24,000 24,000 INTERNAL SERVICE FUNDS: Garage Revenue 119,400 119,400 325,146 325,146 Administrative Services Revenue 150,000 150,000 150,000 150,000 Central Insurance Revenue 0 (5,022,507) (5,019,307) (5,019,307) BORROWING - GENERAL SOURCES: Improvement Revenue Bonds 0 0 (8,252,065) (8,252,065) Lease Purchase - General Fund 0 0 164,053 266,533 102,480 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water 42,540 42,540 42,540 42,540 Lease Purchase - Stormwater 300,000 300,000 300,000 300,000 Lease Purchase - Solid Waste 170,000 170,000 170,000 (218,487) (388,487) Lease Purchase - Recycling 220,000 220,000 220,000 (295,980) (515,980) Bond Issue - Water & Sewer 15,665,240 15,665,240 15,665,240 0 (15,665,240) BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage 2,312,300 2,312,300 2,312,300 3,260,474 948,174 Lease Purchase - Administrative Services 400,000 400,000 400,000 400,000 TOTAL ALL FUNDING SOURCES: 52,069,740 50,688,133 45,103,424 48,467,375 3,363,951 Item # 6 59 Ordinance # 8219-10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the filing of the Office Depot settlement offer with the State of Florida Attorney General Settlement Administrator to obtain a claim estimated at $59,999.96, resulting from the City being placed in a higher cost office supplies pricing plan than originally approved. (consent) SUMMARY: In May 2009, City Audit began an audit of office supply purchases from Office Depot (OD), after reading various articles and receiving information describing allegations of apparent pricing discrepancies. Specifically, that customers did not receive the proper discounts for all purchases made under an existing office supplies purchasing agreement, known as the US Communities Contract. Audit analyzed purchases made from March 30, 2006 through March 30, 2009, totaling approximately $872,000. During this period, Clearwater piggybacked onto a nationwide office products program known as the US Communities Contract for Office and Classroom Supplies, awarded most recently (January of 2006), by the County of Los Angeles, California (lead public agency) to OD. In summary, the audit identified the following, documented in an audit report dated Oct 8, 2009: In January 2006, coinciding with the beginning of their third term as contract holder, OD introduced a new, second pricing option (Option 2) as an alternative to the usual discount off list price format (frequently referred to as either Option 1 or List Less 45% Pricing). This second option became known as Option 2 or Web Less 10% pricing. In an October 23, 2008, memo sent by an OD Senior Vice President to the Acting General Manager for Los Angeles County Purchasing, the City of Clearwater was included in a listing of some 250 agencies participating in the Option 2 program. In the memo, OD affirmed to Los Angeles County (the Master Agreement holder) that each of the agencies had been contacted with regard to Option 2 pricing. Furthermore, they affirmed that each agency had opted to remain on Option 2 pricing and that each agency had signed an acknowledgement indicating they had been provided a cost comparison. The City of Clearwater has no documentation or recollection of such a meeting (reported to us by OD as having taken place on May 6, 2008, over 2 years after the inception of the Option 2 pricing). Furthermore, OD has been unable to provide said confirmation/documentation to the City of Clearwater. Based on a lack of confirmation from both the City and OD, it is clearly evident that Clearwater (similar to other government entities) was placed in a different pricing program (Option 2) without our knowledge, resulting in the City overpaying for office supplies for nearly a three year period. On June 23, 2009, Audit and Purchasing met with OD regional representatives to discuss the Option 1, Option 2 pricing issue. OD offered to correct the situaton through a credit for the higher priced Option 2 purchases (determine to be $54,249.35 or 6% of the total purchased from OD for the stated period). However, City Audit opted to completely audit the matter to ensure that OD complied with all parts of the US Communities Contract pertaining to all purchases made by the City. Resources in California and the Florida Attorney General's Office, who had or were performing similar audits, were contacted to help identify additional specific components pertaining to the contract. Audit subsequently identified 2 additional pricing concerns: (1) misrepresentation of OD items as "wholesaler" items, and (2) apparent violation of "most favored public entitiy pricing," resulting in identifying additional overpricing totaling $112,081.69 (for a total of $166,331.04). The audit requesting payment was forwarded to OD and a meeting with OD corporate representatives was held on Dec 2, 2009. While OD agreed, in principle, that the Option 1, Option 2 pricing issue did provide some confusion/ambiguity and that OD would correct this through a refund, they disagreed with our two other concerns, citing the City's misunderstanding of the US Communities contract pertaining to the misrepresentation of wholesaler items and the most favored public entity pricing. City Audit then sought the Legal Department's assistance to resolve the matter with OD. After an exchange of numerous letters, OD's refusal to accept our two other concerns, and the possibility of litigation against OD, the Florida Attorney General released, on June 2, 2010 (after a 2 year investigation), an Assurance of Voluntary Compliance (AVC) agreement resulting in OD paying over $4.5 million into an interest-bearing escrow fund to pay claims to customers (like Clearwater) for the Option 2 pricing issue. Cover Memo The AVC listed the allegations investigated, which included the same 3 reviewed by City Audit. However, the Florida Attorney General determined that monetary relief would only be sought and subsequently obtained on the Option 1, Option 2 pfft t7e. The other two would most likely require lenghty and costly litigation with no guarantee of any monetary relief. Consequently, the City Legal and Audit departments agree with the AVC recommending that the City complete and submit the claim form to recover the estimated $59,999.96 (includes interest) due the City for being placed in a higher cost office supplies pricing plan without our knowledge The AVC requires claim completion and submittal to the third party settlement administrator no later than Nov 15, 2010. It is estimated upon claim approval, the City will receive payment within a few weeks. Additional information and spreadsheets referenced in the Office Depot Pricing Audit Report are available for review in the City Audit department. Type: Current Year Budget?: Other No Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 7 ¦ Office Depot Florida AG Matter Settlement Administrator PO Box 4068 Portland, OR 9720&4068 360800019000 000 0009 209 00000000 001 002 00605 I N& 0 0 1.,11...11.1.,.1.1.1.1., I..I..II.?.I.I..II..l..I,.l1..1.1.1..1 CITY OF CLEARWATER ADMIN ISTRATOR PO SOX 4748 CLEARWATER FL 33758-4748 OFFICE DEPOT SETTLEMENT OFFER NOTICE RELEASE AND CERTIFIED CLAIM FORM Attachment number is Page 1 of 4 This is to inform you that in connection with a settlement agreement reached with the Florida Attorney General, Office Depot is offering a settlement payment to Florida contract customers who purchased from Office Depot under certain circumstances. Your organization may be entitled to receive a settlement payment. From January 2006 until March 2009, customers in Florida who purchased under the lead agency contracts available through the U.S. Communities Government Purchasing Alliance could choose between two price plans for non-core items. Those price plans were referred to as 'Option 1' and 'Option 2.' Office Depot is offering a settlement payment to customers in Florida who were on the 'Option 2' price plan and paid more than they would have paid under the 'Option 1' plan, provided such customers certify that they: (1) did not know that there was a potential cost difference between the 'Option 1' and `Option 2' price plans; (2) did not otherwise want to be on the 'Option 2' price plan; and (3) have not already received compensation from Office Depot relating to 'Option 2' pricing. Office Depot's records indicate that your organization purchased under the 'Option 2' price plan for at feast part of the time that price plan was being offered. If your organization believes it qualifies for a settlement payment, you must fill in the information required below, sign this document, and submit it to the Settlement Administrator at the following address: Office Depot Florida AG Matter Settlement Administrator PO Box 4068 Portland, OR 97208-4068 To submit a claim this document must be filled out completely and sent in by November 15. 2010. Once. a claim is received by the Settlement Administrator, a determination will be made whether your organization qualifies to receive a settlement payment. If you have any questions about the process, including the amount your organization potentially may be entitled to, you may contact the Settlement Administrator at 1-888-288-9640. 01-CA3608 v.s J0961v.0.0106.24,2010 Ite ns.- ¦ 1 Attachment number 1 Page z of a Please Type or Print in the Boxes Below; Do NOT use Red Ink, Pencil, or Staples Ur anization Information N Organization Name i- MailingAddress P- ? 0. qJ7 City State Zip Code_ ?i?'. r w ,-[? E -E 1 T? T ?FL_ J ?3 37 Telephone Number Point of Contact First Name E-FTE Last !Name.. R.0]6 X_AJ 2- Title _ i -T Telephone Number Email Address (Email username) Release and Waiver IV-10 l r1 D r"? 2 @ +M. C ?I ;Q 1V' ?1{? +I ?,r_? -_C.[O n (Domain) On behalf of the above-referenced organization ("the Organization"), I understand and agree that if, after submitting this Certified Claim Form, the Organization receives a refund payment pursuant to the settlement between Office Depot, Inc. and the Florida Attorney General, then the Organization and its affiliates, parents, and subsidiaries, and all their respective owners, shareholders, parents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, attorneys, agents, officers, directors, principals, employees, law firms, and legal representatives, as well as the heirs, personal representatives, executors, administrators, predecessors, successors, and assigns of each of the foregoing, in each case past and present (collectively, "Releasing Parties"), will thereby fully and forever release, acquit, and discharge Office Depot, Inc., and its affiliates, parents, and subsidiaries, and all their respective owners, shareholders, parents, affiliates, subsidiaries, divisions, predecessors, successors, assigns, attorneys, agents, officers, directors, principals, employees, law firms, and legal representatives, as well as the heirs, personal representatives, executors, administrators, predecessors, successors, and assigns of each of the foregoing, in each case past and present (collectively, "Released Parties"), from any and all manner of claims relating to Office Depot's State of Florida contract or the lead agency contracts available through the.U.S. Communities Government Purchasing Alliance, including but not limited to any grievances, controversies, allegations, accusations, demands, judgments, causes of action, demands, actions, suits, whether class, representative, individual or otherwise in nature, damages whenever incurred, liabilities of any nature whatsoever as well as all forms of relief, including all remedies, costs, losses, liabilities, damages, debts, expenses, penalties, interest, and attorneys' and other professionals' fees and related disbursements, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, asserted or unasserted, whether (a) claiming compensation, money damages, equitable or other type of relief; (b) based on any federal, state, municipal statute, law, ordinance, or regulation; (c) based on common law or public policy; or (d) sounding in tort or contract, whether oral or written, express or implied, law or equity, statutory or common law, or any other causes of action that the Releasing Parties, whether directly, representatively, derivatively, or In any other capacity, ever had, now have, or hereafter can, shall, or may have against the Released Parties, from the beginning of time through the date this Certified Claims Form is submitted. I further understand that under certain principles of law applicable in some jurisdictions, a general release does not extend to claims that a creditor does not know or suspect exist in his or her favor at the time of executing the release, which if known by him or her could have materially affected his or her settlement with the debtor. TO THE EXTENT THAT SUCH PRINCIPLES OF LAW, OR ANY SIMILAR, COMPARABLE OR EQUIVALENT FEDERAL OR STATE LAW, RIGHT, RULE, OR LEGAL PRINCIPLE MAY BE APPLICABLE TO THIS RELEASE, THE RELEASING PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE AND RELINQUISH THEIR APPLICAT>IM:n ## 7 0 02-CA3608 JOW2vA0106.24.20143 2 ¦ ¦ Attachment number 1 Page 3 of 4 ¦ Certified Claim To the extent the above-referenced organization was on the `Option 2' price plan under the office Depot contracts available through the U.S. Communities Government Purchasing Alliance, I hereby certify that: (1) 1 am duly authorized to execute this document, including the foregoing release and waiver, on behalf of the above-referenced organization; (2) the above-referenced organization did not know that there was a potential cost difference between the `Option 1' and 'Option 2' price plans; (3) the above-referenced organization did not otherwise want to be on the `Option 2' price plan; and (4) the above-referenced organization has not already received compensation from Office Depot relatingto 'Option 2' pricing. I HEREBY SWEAR, UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT. Signature Date Print Name (First Name) of signer Title of signer --- -_T --- i ¦ 03-CA3608 J0883 v.O.01 06. MM DD W Item 0 Attachment number 1 Page 4 of 4 Item # 7 Attachment number 2 Page 1 of 10 STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS IN THE MATTER OF: OFFICE DEPOT, INC. AG Case No. L08-3-1122 Respondent. ASSURANCE OF VOLUNTARY COMPLIANCE Pursuant to the provisions of Chapter 501, Part II, Florida Statutes, the Florida Deceptive and Unfair Trade Practices Act, the STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL (the "Attorney General"), caused an inquiry to be made into the business practices of Office Depot, Inc., a Delaware corporation, whose principal address is 6600 North Military Trail, Boca Raton, FL 33496 ("Respondent") Respondent is prepared to enter into this Assurance of Voluntary Compliance ("AVC"), without any admission that Respondent has violated the Florida Deceptive and Unfair Trade Practices Act or any other law and for the purpose of settlement in this matter only, and the Attorney General, by and through the undersigned Deputy Attorney General being in agreement, does in this matter accept this AVC in immediate termination of this inquiry pursuant to Section 501.207(6), Florida Statutes (2009), and by virtue of the authority vested in the Attorney General by said statute. The Attorney General and Respondent hereby agree as follows: 1. DEFINITION "Effective Date" shall mean the date on which the Attorney General, by and through its Deputy Attorney General, signs this AVC. Item # 7 Attachment number 2 Page 2 of 10 II. ALLEGATIONS INVESTIGATED 2.1 Respondent is a global supplier of office products and services for individual, business, and governmental customers, with over eleven hundred (1,100) retail locations in North America as well as various websites and catalogs. 2.2 In May of 2008, the Attorney General became aware of allegations that Respondent had engaged in improper practices in connection with the sale of products and services to governmental agencies and private non-profit organizations in Florida under the terms of (1) Respondent's contract with Los Angeles County (which could be "piggybacked" on by members of the U.S. Communities Government Purchasing Alliance, a nationwide purchasing cooperative) or (2) Respondent's contract with the State of Florida (collectively, "the Allegations"). The Allegations against Respondent included the switching of county, municipal and local governmental agencies and private non-profit organizations for non-core item purchases from one pricing plan (based on discounts off manufacturers' list prices) to another (based on a discount off Respondent's website retail prices) without the customer's full understanding and/or knowledge that the shift occurred or higher prices potentially resulted; pricing items at the incorrect list-less discount; violating `most favored customer' obligations; incorrectly/improperly changing prices; and incorrectly/improperly calculating cost for pricing purposes. The Attorney General immediately began conducting an investigation of the Allegations. Respondent has fully cooperated with the investigation. 2.3 Respondent's contract with Los Angeles County ("the Master Contract") was effective January 2, 2006, and had an initial four (4) year term. The Master Contract was derived from a Request for Proposal ("RFP") dated August 18, 2005 for office and classroom 2 Item # 7 Attachment number 2 Page 3 of 10 supplies issued by Los Angeles County. In its response to the RFP, Respondent set forth pricing schedules which included the following: a) More than five hundred (500) core items at fixed prices; and, b) More than ten thousand (10,000) non-core items at forty-five percent (45%) off the manufacturer's list price and four thousand (4,000) frequently ordered non-core items at seventy percent (70%) off the manufacturer's list price. The pricing for non-core items based on a certain percentage discount off list prices was commonly referred to as "Option 1" pricing. In response to the RFP, Respondent also offered an optional Web based pricing program, where non-core items would be priced "at 10% off Office Depot's everyday low web prices, which equates to discounts from manufacturers' list prices ranging up to 80% off." The pricing of non-core items at 10% off of Web prices was commonly referred to as "Option 2" pricing. The Master Contract was amended in March 2009 and the Option 1 and Option 2 pricing plans were discontinued at that time. 2.4 During 2006, the State of Florida had an existing contract for office supplies (contract no. 618-001-04-1) with Respondent that was set to expire in late 2006. In December of 2006, the State of Florida. and Respondent, instead of renewing the expiring contract, negotiated a modified adoption of the Master Contract for office and classroom supplies, with a different list of core items and mandatory Option 1 pricing for non-core items. State agencies had to utilize the State of Florida contract. Municipal, county and local agencies could choose to utilize either the State of Florida contract or the Master Contract. Private non-profit organizations could only utilize the Master Contract. 2.5 The Attorney General has investigated and determined that certain of the Allegations, relating to the switching of customers in Florida from the Option 1 to the Option 2 3 Item # 7 Attachment number 2 Page 4 of 10 pricing plan without the customer's knowledge that Option 2 pricing was potentially higher than Option 1 pricing and/or without the customer's prior consent to the switch, if proven, would give rise to potential claims for violations of the Florida Deceptive and Unfair Trade Practices Act; Respondent has denied those allegations. 2.6 During the course of this investigation, Respondent has made refunds to certain Option 2 customers in Florida relating to the switching allegations. 2.7 The Parties desire to resolve the investigation arising from the Allegations by way of this AVC, without any administrative or judicial adjudication. III. AGREED TERMS OF COMPLIANCE 3.1 TERMS OF COMPLIANCE IT IS HEREBY AGREED by the Parties that Respondent and the representatives, agents, employees or any other persons who act under, by, through or on behalf of Respondent, directly or indirectly, or through any corporate or other device, shall hereby comply with and have actual knowledge of Chapter 501, Part II, Florida Statutes (2009), the Florida Deceptive and Unfair Trade Practices Act (the "Act"). Future proven violations of this AVC are prima facie evidence of a violation of the Act and will subject Respondent to any and all civil penalties and sanctions provided by law, as well as the imposition of attorneys' fees and costs. 3.2 RETENTION OF DOCUMENTS Respondent shall retain all documents relating to its compliance with this AVC for five (5) years after the Effective Date, including but not limited to documents, whether prepared by or on behalf of Respondent, that contradict, qualify or call into question Respondent's compliance with this AVC. Upon the request of the Attorney General, Respondent shall provide a copy of any such documents as soon after the request as reasonably possible. 4 Item # 7 Attachment number 2 Page 5 of 10 IV. MONETARY RELIEF 4.1 Respondent shall pay $4,574,278.95 into an interest-bearing escrow fund within ten (10) days from the Effective Date, which sum constitutes the aggregate amount that Florida customers paid under Option 2 in excess of the aggregate amount that those customers would have paid under Option 1. 4.2 Respondent shall receive a credit against the $4,574,278.95 for the aggregate amount that it has already refunded to certain Florida Option 2 customers prior to the Effective Date. Respondent shall provide the Attorney General with the documentation necessary to establish the amount of any such credit. 4.3 The Parties agree that any Florida Option 2 customer that receives a portion of the escrow fund provided by Respondent shall first execute a release in the format set forth in Exhibit "A." 4.4 Refunds shall be paid from the escrow fund to the Florida Option 2 customers pursuant to a claims process that requires, inter alia, that the claimant certify under penalty of perjury that it was unaware of the potential price difference between the Option 1 and 2 pricing plans and did not otherwise request to be on Option 2. 4.5 The claims process shall be handled by a third party administrator retained and paid for by Respondent. The third party administrator shall deliver quarterly reports to the Attorney General regarding the claims submission and payment process. Decisions of the third party administrator shall be subject to reasonable review and approval by the Attorney General. 4.6 Respondent shall cause claims notices to be delivered by the U.S. Postal Service to all Option 2 customers within forty-five (45) days from the Effective Date. Claims shall be submitted by Option 2 customers to the third party administrator within one hundred and sixty- 5 Item # 7 Attachment number 2 Page 6 of 10 five (165) days from the Effective Date. The third party administrator shall resolve all timely filed claims within two hundred and twenty-five (225) days from the Effective Date. 4.7 If the amount remaining in the escrow fund after the resolution of all timely filed claims is less than five hundred thousand dollars ($500,000.00), Respondent shall pay into the escrow fund a sufficient amount so as to bring the escrow fund to five hundred thousand dollars ($500,000.00). The proceeds of the escrow fund, including any accrued interest, shall then be paid as directed by the Attorney General for one or more of the purposes set forth in Section 501.207(6), Florida Statutes (2009). 4.8 Upon Respondent making all payments as set forth herein and otherwise complying with this AVC, Respondent shall be hereby released from all matters investigated arising from the Allegations, including all claims that were raised or could have been raised by the Attorney General as a result of the Allegations. 4.9 Respondent agrees to pay to the Attorney General the total amount of one million three hundred and fifty thousand dollars ($1,350,000.00) for investigative and attorneys' fees and costs of this matter and for costs associated with ongoing and future enforcement initiatives pursuant to the Act. This payment for investigative and attorneys' fees and costs shall be made by cashier's check made payable to the "Department of Legal Affairs Revolving Trust Fund" and delivered to Fulvio Joseph Gentili, Assistant Attorney General, Economic Crimes Division, South Florida Region, 110 S.E. 6`h Street, Tenth Floor, Fort Lauderdale, FL 33301 together with the executed AVC. The total amount shall be deposited in the Legal Affairs Revolving Trust Fund in accordance with Section 501.2101(1), Florida Statutes (2009). 6 Item # 7 Attachment number 2 Page 7 of 10 V. CONDUCT GOING FORWARD Respondent agrees to pay the reasonable investigative and attorneys' fees and costs incurred by the Attorney General if Respondent is finally determined by a court of competent jurisdiction to have breached the AVC. VI. ACCEPTANCE This AVC shall become effective upon its acceptance by the Deputy Attorney General, who may refuse to accept it at his discretion. The payment of any monies by Respondent to the Attorney General pursuant to Section IV above does not constitute acceptance by the Attorney General of the terms of this AVC without the express written approval of the Deputy Attorney General and, unless otherwise agreed, any such payments shall immediately be returned to Respondent in the event that the Deputy Attorney General disapproves of all or a portion of this AVC. VII. COMPULSORY PROCESS Nothing in this AVC shall limit the Attorney General's lawful use of compulsory process pursuant to Section 501.206, Florida Statutes (2009) or any other applicable law to obtain any documentary material, tangible things, testimony or other relevant information. VIII. GENERAL PROVISIONS 8.1 No change in any form of doing business or organizational identity shall be made by Respondent as a method of avoiding the terms of this AVC. 8.2 The duties and obligations undertaken in connection with this AVC shall survive any change in form of doing business or organizational identity and shall apply to Respondent's successors and assigns, officers, agents, and employees. 7 Item # 7 Attachment number 2 Page 8 of 10 8.3 Nothing in this AVC shall be construed to permit or authorize any violation of the laws of the State of Florida or federal or local laws, regulations, ordinances, and codes, nor shall anything in this AVC be deemed to be construed to relieve or exempt Respondent of its duty to comply with the laws of the State of Florida and all federal or local laws, regulations, ordinances, and codes. 8.4 Nothing in this AVC shall be construed as a waiver or release of any private rights, causes of action or remedies of any third party against Respondent with respect to the Allegations, including but not limited to any private rights, causes of action or remedies of any county, municipal or local governmental agency or private non-profit organization in Florida that chooses not to participate in the escrow fund established pursuant to Section IV above. 8.5 Nothing in this AVC precludes the Attorney General from pursuing any law enforcement action with respect to the acts or practices of Respondent not covered by this AVC or any acts or practices of Respondent conducted after the entry of this AVC. 8.6 This AVC does not constitute an endorsement or approval by the Attorney General or any of its employees or representatives of any of Respondent's past or future policies or practices. 8.7 No waiver of any term, provision or condition of this AVC, whether by conduct or otherwise, in one or more instances, shall be deemed to be or shall constitute a waiver of any provision of this AVC and no waiver shall be binding unless executed in writing by the party against whom the waiver is asserted. 8.8 This AVC shall be governed by, construed, and enforced exclusively in accordance with and subject to the laws of the State of Florida. Item # 7 Attachment number 2 Page 9 of 10 8.9 Respondent specifically agrees that time is of the essence in the performance of all terms and conditions of this AVC, specifically including the payment of any monetary relief. IN WITNESS WHEREOF, Office Depot, Inc., a Delaware corporation, has caused this AVC to be executed by its Vice President and Deputy General Counsel, as a true act and deed, in Boca Raton, Florida, this 2nd day of June, 2010. BY MY SIGNATURE I hereby affirm that I am acting in my capacity and within my authority as Vice President and Deputy General Counsel of Office Depot, Inc., a Delaware corporation, and that by my signature I am binding the corporation to the terms and conditions of this AVC. OFFICE DEPOT, INC. By: v?v STEPHEN R. CALK{NS (printed name) ' Deputy Gmmvl Coumel Its (title) STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized to sake acknowledgments in the State of Florida personally appeared S 1 6 ?' X IN6 and acknowledged before e that he/she executed the foregoing instrument for the purposes therein stated, on this ay of ri-, , 2010. Sworn and subscribed to before me this day of bI G , 2010. &R'A - NOTARY PUBLI h DEBORAH ANNE DELUNO k MY COMMISSION R DD 716293 ., ? EXPIRES: September 18, 2011 Bonded Th N t P bk u d it • ru o ary u n erwr ers (print, type, or stamp commissioned name of Notary Public) Personally known -v/ or Produced Identification Type of Identification Produced: N./1 9 Item # 7 Attachment number 2 Page 10 of 10 OFFICE OF THE ATTORNEY GENERAL Dated this4et day of 'y2010. c A?- 4-5 Fulvio Joseph Gentili Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL 110 S.E. 6th Street, Tenth Floor Fort Lauderdale, FL 33301 OFFICE OF THE ATTORNEY GENERAL r ACCEPTED this day of tjf': 2010. Robert A. Hannah Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL The Capitol Tallahassee, FL 32399-1050 10 Item # 7 Attachment number 3 Page 1 of 10 Clearwater OFFICE DEPOT PRICING AUDIT CITY AUDIT October 5, 2009 INTRODUCTION In May 2009, City Audit began an audit of City of Clearwater office supply purchases from Office Depot (OD), after hearing allegations of apparent pricing discrepancies specifically that customers were not getting the proper discounts for all purchases made under an existing purchasing agreement, the U.S. Communities Contract. Audit analyzed purchases made from March 30th, 2006 through March 30th, 2009. During this period, The City of Clearwater "piggybacked" onto a nationwide office products program known as the U.S. Communities Contract for Office and Classroom Supplies, awarded most recently (January of 2006), by the County of Los Angeles, CA (lead public agency) to OD. Audit reviewed data provided electronically by OD via excel (spreadsheet) Usage Reports. The report received in late July 2009 contained some 23,533 individual line entries. The data consists of line-item spend information, including item #'s, and time-relevant cost information (Option 1, Option 2 and Manufacturer's List Price). OVERVIEW OF ANALYSIS Audit analyzed the usage reports received from Office Depot detailing the City of Clearwater's purchases from March 30, 2006 until March 30, 2009. Additional columns were added to the spreadsheet for the purpose of analysis. They are identified clearly with Bright Yellow Headers (whereas data provided by Office Depot is in columns painted with Black headers). It is critical to note that all information is in its original format (as supplied by Office Depot) except for the previously described columns and a few individually identified cells (also painted bright yellow) that required modification because of incomplete data. Credits/returns comprise the majority of the missing data. They appear in the report in two basic ways: either with a negative number or with an actual zero in the quantity field. Mathematical errors created by using a zero have been corrected and each time painted in bright yellow. Less than 10 true pricing adjustment entries were noted, those items were left with a zero in the quantity field and a notation made in the comments column. The report observations are subsequently detailed in the following sections: A. Cost of the "switch" to Option 2 Pricing vs. what Clearwater would have paid by remaining on the Option 1 Pricing. B. Cost of wholesaler pricing applied to some Office Depot, Private Branded items. C. Cost of not receiving "Most Favored Public Entity Pricing" vs. the Core items on the State of California Contract. D. Cost of not receiving "Most Favored Public Entity Pricing" vs. the City of Berkeley, CA Contract. E. Cost of not receiving overall "Most Favored Public Entity Pricing", vs. Both the City of Item #17 Attachment number 3 Page 2 of 10 Berkeley & State of California pricing that should have been applied. BACKGROUND Office Depot has been the exclusive contract holder for the LA County/US Communities contract since the initial award in 1996. Los Angeles County, upon completion of the 2005 bid process, recommended selection of the Office Depot as the awarded vendor for Office and Classroom Supplies for US Communities. In January, 2006, coinciding with the beginning of their third term as contract holder, Office Depot introduced a "new", second pricing option (Option 2) as an alternative to the "usual" discount off list price format (frequently referred to as either Option 1 or List Less 45% Pricing). This 2nd option became known as Option 2 or Web Less 10% pricing. Option 1 and Option 2 programs both included an identical Core item List of approximately 500 items that received the same fixed prices. In January and July of each year, after the approval of the US Communities Lead Agency (the County of Los Angeles), Core item prices are allowed to be changed and item numbers may be modified if needed. Option 2 pricing has come under great scrutiny over the past year. Was it a tool for saving customers money or was it a tool for increasing Office Depot profits? On the OD.com Investor's webpage (FAQ's for BSD Contract Customers regarding Government contracts) appears the following statement: "Option 2 pricing was originally created based on customer requests for a price plan tied to web prices and the prices paid by customers under both Option 1 and Option 2 price plans were in compliance with the terms of the US Communities program." In an October 23, 2008, memo sent by David Trudnowski (Senior VP, OD) to Joe Sandoval (Acting General Manager, LA County Purchasing), the City of Clearwater was included in a listing of some 250 agencies participating in the Option 2 program. In the memo, Office Depot affirmed to Los Angeles County (the Master Agreement holder) that each of the agencies had been contacted with regard to Option 2 pricing. Furthermore, they affirmed that each agency had opted to remain on Option 2 pricing and that each agency had signed an acknowledgement indicating they had been provided a cost comparison. The City of Clearwater has no documentation or recollection of such a meeting (documented by Office Depot as having taken place on May 6, 2008) and Office Depot has been unable (as with other agencies, i.e. City of Pembroke Pines, FI) to provide said documentation to the City of Clearwater. It clearly appears that Clearwater like other cities was placed in a different, costlier pricing program (Option 2) without our knowledge. As of March 30, 2009, the option 2 program was abandoned by Office Depot. Again, from the investor's webpage cited above: "Under the new fixed pricing plan, all customers are on the same pricing plan. The new simplified pricing structure enhances the simplicity and transparency of the contract, while strengthening the US Communities program and maintaining the pricing intent of the original contract." Additionally, in August 2009, Office Depot decided to stop displaying the Manufacturer List Price for items on the BSD (Business Solutions Division) Website (the one used by all US Communities customers, as well as countless other public and private commercial/contract clients). This will make it nearly impossible for the average customer to know whether they are selecting an item that is deeply discounted, or one of the 16,000+ items that appear on-line with discounts of 10% or less. Item #T Attachment number 3 Page 3 of 10 OBSERVATIONS Spctinn A- Cost of the "switch" to Option 2 Pricing vs. what Clearwater would have paid by remaining on the i With no verification that Clearwater requested nor approved the pricing change, the Usage Reports show all but one item billed on 3/30/2006 using contract # 7200000-310 (Option 2). Following that initial entry, an additional 620 items were billed between 3/30/06 and 4/25/06 using contract # 7060000-199 (Option 1). All billings after 4/25/06 show either contract # 7200000-310 (Option 2) program billing or contract # 51712 (core items) or contract # 51717 (Paper Products). The latter two are common to both programs as per the terms of the agreement and appear throughout the usage report. The Summary for Spreadsheet #1 - Workbook entitled: "Detail Usage "contains the amount of the overcharges that resulted from this unauthorized "switch". Office Depot, when they submitted their Usage Report, determined that the "switch" from Option 1 to Option 2 resulted in an overcharge to Clearwater of $53,754.79. Ii This is not however, the total amount of the cost of the "switch". Item #9 Attachment number 3 Page 4 of 10 Section B Cost of wholesaler pricing being applied to some Office Depot, Private Branded items. The U.S. Communities Contract allows for a discount of 10% off Manufacturer List Price when an item is sourced through a wholesale catalog. There are only two viable, nationwide, office products wholesalers in this industry: United Stationers and SP Richards Company. Manufacturer List Price is a price set by the manufacturer of an item (i.e. Hewlett Packard, 3M, Avery, etc.) as a suggested or reference retail price. In today's competitive climate, merchandise is hardly ever sold at that price and customers receive significant discounts off this price. It can be called by a variety of names: Net Prices, Contract Prices or Core items being among the most popular. Office Depot has control of the manufacturing, marketing, and distribution of their Private Brands. Office Depot Private Branded items are also marketed under the following trademarks: Office Depot, Office Depot Basics, Office Depot Green, Ativa, Foray, Real Space, Real Space- to-go, etc. These items are NEVER warehoused or sold by either wholesaler. It is NOT possible to find them in their picture catalogs, nor can they be found on their public websites: United, www.biggestbook.com or SP Richards, www.iteminfo.com . Therefore, the above brands can NEVER be priced at the Wholesaler Discount of List Less 10%. As already stated, Office Depot, as manufacturer & sole distributor, has TOTAL control over these Private Branded items. These items therefore must ALWAYS be priced at a minimum discount level of List Less 45%. The included spreadsheets are presented consistently. Office Depot Private Branded items have been carefully identified from either the Office Depot website or their printed materials. The item # (Sku) and description rows are clearly shown in RED type. Spreadsheet 1 (Workbook # I it "Depot Brand@Wholesale") Office Depot private brands which were labeled "wholesale" were only given a 10% discount, and being an Office Depot branded item, they simply cannot be labeled as "Wholesale". These items should have been given the 45% discount. The result is an overcharge of $4,674.74. This is over and above the overcharge resulting from the "switch" as outlined in Section A. Item #47 Attachment number 3 Page 5 of 10 Section C, D, & E: Background : When an agency elects to "piggyback" onto the U.S. Communities contract, they do so without actually going through a bid process of their own. Instead they elect to enjoin themselves to a nationwide, "guaranteed" best price program. Indeed it is that guarantee that allows them comfort in their decision that they are spending their taxpayer's money wisely and obtaining maximum value for their purchasing dollar. The Cover Page of the Term Contract Award by the County of Los Angeles accepts Office Depot's "offer to furnish (their) requirements (and such requirements as may be ordered by cities and/or districts indicated herein) of the listed commodity (Office and Classroom Supplies)... as needed subject to conditions of the stated quotation and as provided herein". This letter was executed on 11-29-05, by Payton Price, representing Los Angeles County, as well as Robert Cetina, representing Office Depot. Of additional significance is that the cover letter itself was stamped, signed and dated (also on 11/29/05): "Reviewed and approved as to form and legality by: Office Depot Legal Department". Contained within this cover page is a paragraph entitled "Price Guarantee". It states:"...In the event of a price decline or should you (Office Depot) at any time during the life of this agreement sell the same material or service under similar quantity and delivery conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles." Master Agreement # 42595 by and between the County of Los Angeles and Office Depot for Office and Classroom Supplies, clearly outlines what is expected of both parties. The issue of "best price" was important enough that it was addressed again in this second document in its own stand-alone paragraph: Section 23.0 MOST FAVORED PUBLIC ENTITY "VENDOR represents that the price(s) charged to (the) COUNTY in this Agreement do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. If VENDOR'S prices decline, or should VENDOR, at any time during the term of this Master Agreement, provide the same goods and services under similar quantity and delivery conditions to the State of California or any county, municipality or district of the State at prices below those set forth in the Master Agreement, then such lower prices shall be immediately extended to COUNTY. " On December 28, 2006,(nearly a month later), the same Robert Cetina, VP Government & Education Services for Office Depot, executed Attachment H, a US Communities vendor document outlining the three commitments expected of each supplier. In so doing he agreed on behalf of Office Depot to the following terms: 1. Corporate Commitment- that US Communities has the support of vendor's senior management... 2. Sales Commitment- that vendor will aggressively market the US Communities program Item #57 Attachment number 3 Page 6 of 10 3. Pricing Commitment - "A commitment that supplier's US Communities pricing is the lowest available pricing (net to buyer) to state and local public agencies nationwide and a further commitment that, if a state or local public agency is otherwise eligible for lower pricing through a federal, state, regional or local contract, the supplier will match the pricing under US Communities." At some time since the initial award, US Communities added a 4th commitment expected of their suppliers, which is now posted prominently on its website: 4. Economy Commitment - "A Commitment that the supplier shall demonstrate the pricing advantage of U.S. Communities over the alternative competitive solicitation pricing and shall proactively offer the pricing, terms and conditions of the U. S. Communities contract as a more effective alternative to the cost and time associated with such alternate bids and solicitations." It should be perfectly clear that U.S. Communities is contractually seeking to provide the BEST PUBLIC SECTOR PRICE to its members. Office Depot represents to current and potential customers that the U.S. Communities Pricing is the lowest government pricing that they offer nationwide. It is this representation that is of primary importance to customers and potential customers seeking a guarantee that they are in fact receiving Office Depot's best government pricing. The public employee should be able to rely on this commitment. Item #67 Attachment number 3 Page 7 of 10 Section C: Cost of not receiving Favored Public tit Pricing" vs. the r Items on the State of California Contract. The State of California went out to bid in early 2006 for a strategically-sourced statewide contract for office products. The two-year contract (with three, 1 year options) was awarded to Office Depot effective 8-31-06. The State of California contract ran on its own "year". In order to compare Core item Prices between the State of California and the US Communities Contract, three BSD division catalogs were used: The first catalog, BSD13 (8-06 to 8-07) was submitted with the bid and used during the first contract year. The second catalog, BSD15 (8-07 to 8-08) was used during the second contract year. The third catalog, BSD16 (8-08 to 8-09) was used during the extension period. As the items in these BSD catalogs were changed by Office Depot, some Core item numbers were replaced, others were updated. We carefully crosschecked each individual Core list, noting relevant effective dates in order to create the consolidated list found in the spreadsheets below. See: Spreadsheet - California List - BSD-13 - - Spreadsheet City Clearwater matches California r Prices 3382 lines out of a total of 23530+ lines (or 14.3%) "matched " to items found on the State of California Office Depot, Statewide Contract Core list. On the 3382 lines - Spend on Option 2 would have been: $125,201.30 Spend at State of CA prices would have been: $ 79,389.27 Item #77 Attachment number 3 Page 8 of 10 Section D: Cost of not receiving "Most Favored Public Entity Pricing" s. the i of Berkley, CA Contract. In the spring of 2006, the City of Berkeley issued an RFP for a 3-year contract to supply 100% Processed Chlorine Free Copy Paper and Office Supplies. It also outlined the possibility of 2 additional one-year extensions. The contract was awarded to Office Depot, effective 7-1-06. The City of Berkeley's contract with Office Depot is actually quite simple: a very short Core list (133 items) and a 55% discount on everything else. There was no floor mentioned in any of the bid or contract documents. While this discount level has been portrayed by Office Depot as "alleged" after examination and audit by City of Berkeley staff, Office Depot presented the City of Berkeley with a refund in the amount of $289,000... upholding the discount as specified in its bid documents. Copies of relevant pages of that proposal are included with this presentation. Additionally, effective 7-1-09, the City of Berkeley exercised and Office Depot accepted their first option year (09-10). This also comes after the $289,000 had been received. The documents and the actions of Office Depot don't leave any doubt as to what the City of Berkeley program is. There is virtually a 100% match between the City of Clearwater`s usage and the City of Berkeley's contract. On the 23,530+ lines- Spend on Option 2 was: $871,883.77 Spend at City of Berkeley prices would have been $798,492.82 9M 9M Item #87 Attachment number 3 Page 9 of 10 Section E: Cost of not receiving all "Most Favored Public Entity Pricing" s. BOTH the City of Berkeley State of California pricing tatshould have been applied. will combine t price lists determine best price that the City of Clearwater should have received. In the final analysis, there is no argument that the thrice-stated intent of the US Communities contract is to provide its users the absolute best government pricing. It's included on the Cover letter of the Los Angeles County Term Contract Award, signed by an Office Depot Vice President, and endorsed by the Office Depot Legal Department. It's included again as a part of Section 23.0 of the Master Agreement attached to the Term Contract Award. It is specific about the "same goods and services" (office supplies: we have specifically compared only the exact same items, using matching Office Depot stock numbers). It calls for "similar quantity and delivery conditions" (statewide or nationwide... Office Depot has delivery facilities located all over the country providing the items to support its BSD catalog and inventory). More importantly, it stipulates that "if the VENDOR'S prices decline of if VENDOR provides the items above to the State of California, or any county, municipality (Berkeley) or district of the State at prices BELOW those set forth in the Master Agreement, then such lower prices shall be immediately extended to (Los Angeles) COUNTY. THEN... it's included again in anther paragraph of Attachment H, a vendor agreement signed by the same Office Depot VP. This time it states,"... that the supplier's of US Communities pricing is the lowest available pricing (net to buyer) to state and local public agencies nationwide and a further commitment that, if a state or local public agency is otherwise eligible for lower pricing through a federal state, regional or local contract, that the supplier will match the pricing under the US Communities." This information seems very clear in its intent - best government price... Period. In order to determine the best price, we merged the pricing extended by Office Depot to the City of Berkeley with the pricing extended by Office Depot to the State of California Core Items. Prices from both of these programs contractually should have been extended (per all the above to US Communities documents) to the City of Clearwater and All other US Communities participants. The resulting overcharges to the City of Clearwater are as follows: On the 23,530+ lines - Spend on Option 2 was: $871,792.77 Spend at State of CA/City of Berkeley merged prices would have been: $764,385.82 Item #9 Attachment number 3 Page 10 of 10 Conclusion: The City of Clearwater is seeking the following damages in repayment from Office Depot: for the "switched" pricing from Option 1 to Option 2 for the miss-categorized as a wholesaler/Office Depot Private Branded Items for the violation of the Most Favored Government Pricing clause (s) of the US Communities contract. Reasons why the City of Clearwater is seeking repayment in the amount of $166,331.04: All three of these contracts (US Communities, State of California and the City of Berkeley) were negotiated within the same time frame. US Communities was first, and was written with three pricing guarantee clauses to insure that it would remain the best priced government program. The US Communities/Office Depot Pricing Guarantee assures participating agencies that if any time better pricing on office or classroom supply items is offered to any non-US Community government agency, then that pricing will be immediately incorporated into the US Communities/Office Depot pricing. Office Depot's legal department knew of this clause in the US Communities contract and should have taken steps to make sure it was followed. ALL three of the contracts occurred in California. ALL three of the contracts were approved by Office Depot Sales Management, even the Berkeley proposal was signed off by a Regional Sales Director. Public entities nationwide rely on this pricing integrity. Taxpayers expect that public officials are keeping an eye on government expenditures (taxpayer money). The pricing guarantee was outlined three times - that should serve notice to Office Depot that this is a critical element of their relationship with these customers. In light of all that has been presented herein we respectfully request reimbursement of the full amount due to the City of Clearwater no later than 30 days from the day that you receive this request. Respectfully Submitted, Robin I Gomez Robin I. Gomez, City Auditor Karen Cunkle, Senior Auditor Item 407 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) to produce and distribute the Official Clearwater, Florida Visitor Guide in Fiscal Year 2010-2011 at a cost of $26,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: In Fiscal Year 2009-2010, the CRCC entered into a three-year contract with Heron Publications to produce the annual Visitor Guide that includes Clearwater and Clearwater Beach businesses. In 2010, the first year of the three-year contract, 50,000 copies were printed. Production of the Visitor Guide includes selling of advertisement space, writing copy and verification of existing visitor information, photography, development of graphic components and printing. The Visitor Guide will be produced both in print and electronically. The CRCC will also be responsible for the distribution/fulfillment of the Visitor Guide. The print version is mailed to consumers, travel trade organizations and is handed out at the I-10, I-75, and I-95 State Welcome Centers and Clearwater and Clearwater Beach Visitor Information Centers. Visitor Guides are inserted in appropriate group Welcome Packets to include the Outback Bowl, Jazz Holiday, Super Boat Races, Ironman, travel writers familiarization tours, conferences, etc. The electronic version will be posted on visitclearwaterflorida.com. Request forms will be available on the website for consumers to request a Visitor Guide by mail. CRCC also accepts telephone and email requests. The cost for the Visitor Guide includes copy writing and proofreading, photography, graphic design, printing, electronic formatting, postage/shipping, fulfillment company charge, envelopes and administrative costs. The personnel involved in producing the Visitor Guide are Heron Publishing's team, the CRCC staff, and City of Clearwater staff. Final editorial and graphic sign off is the responsibility of the CRCC. $26,000 has been budgeted in the FY 2010-11 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. Details are provided in the CRCC's Scope of Work and Estimated Costs Breakdown for FY 2010-11. The term of the contract agreement is one year. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: None Current Year Cost: $26,000 Annual Operating Cost: Not to Exceed: Total Cost: 26,000 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0010-09216-530300-552- 26,000 000-0000 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 # 8 Attachment number 1 Page 1 of 6 AGREEMENT This Agreement is made and entered into this day of September 2010 between the City of Clearwater, hereinafter referred to as the City, and Clearwater Regional Chamber of Commerce, hereinafter referred to as the Agency. WHEREAS, the City desires to produce an official Visitor Guide for the City of Clearwater; and WHEREAS, the Agency entered into a three-year contract with Heron Publications in 2009 to produce the annual Visitor Guide on behalf of the City of Clearwater; and WHEREAS, the first of the three Visitor Guides has been produced; NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of twelve months (12) commencing as of October 1, 2010, and continuing through September 30, 2011, (the Termination Date) unless earlier terminated under the terms of this agreement. This Agreement can be extended by the mutual written agreement of both parties. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide the services described in Exhibit "A." 2. Area to be Served: Services rendered through this agreement shall be primarily for the area located within the limits of the City of Clearwater, Florida. 3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation. 4. Scheduled Reports of Agency Activities: The Agency shall furnish the City's Economic Development and Housing Director with a monthly report of activities conducted under the provisions of this agreement. Each report is to identify the activities conducted that month, and confirmation of the number of guides mailed to consumers, travel trades, State Welcome Centers, on-line requests and various group welcome packets. 5. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in the Scope of Work (Exhibit "A"). Item # 8 Attachment number 1 Page 2 of 6 6. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency pertaining to this agreement. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. C) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than two (2) years. 7. Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, martial status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 8. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks of providing the services as provided for in this agreement. Each party to this agreement agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 9. Insurance: Neither party to this agreement shall be responsible for providing any insurance coverage to the other party. Each party shall purchase and provide insurance coverage as it deems necessary to perform its contractual obligations under this agreement. Each party shall be responsible for defending a claim made against it by a third party. Should a claim be asserted against a party to this agreement, that party will be responsible for its own defense of the claim and it will notify the other party so the other party can take the action it deems necessary to protect its interests. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Funds. The City, for the FY 2010/2011 budget year, agrees to provide $26,000.00 to the Agency to assist in the project management, postage and shipping, and administrative & labor expenses to produce and distribute the Visitor Guide. 2. Payments: Invoices will be provided to the City of Clearwater, Economic Development and Housing Department, on a monthly basis requesting payment for: (a) percent of work completed on Project Management and Chamber Administrative & Labor, (b) prepayment for postage, and (c) actual costs to be reimbursed per line item as described in Exhibit B. Item # 8 Attachment number 1 Page 3 of 6 ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may be terminated with 10 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 30 days written notice to Agency. 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency, but not expended in accordance with this agreement, shall be returned to the City. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748 or Economic Development and Housing Director, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748. 2. If to Agency, addressed to, Bob Clifford, President/CEO, Clearwater Regional Chamber of Commerce, 401 Cleveland Street, Clearwater, Florida 33755. 3 Item # 8 Attachment number 1 Page 4 of 6 IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first written above. CLEARWATER REGIONAL CHAMBER OF COMMERCE (Agency) By: Bob Clifford President/CEO CITY OF CLEARWATER, FLORIDA (City) By: William B. Horne II City Manager Print Name: Frank V. Hibbard Secretary Mayor ATTEST: Rosemarie Call, MPA, CIVIC City Clerk Approved as to form: Pam Akin City Attorney 4 Item # 8 Attachment number 1 Page 5 of 6 Exhibit A Scope of Work The Agency will produce the Official Clearwater Florida Visitor Guide. This includes writing copy and verifying existing information, new photography, graphic design and printing the guides. The Agency will collaborate with the City of Clearwater and its tourism partners in proofreading the draft of the Visitor Guide. The 2011 Visitor Guide will be available for distribution in December 2010. The Agency will oversee the Visitor Guide fulfillment. All requests received from various sources will be sent directly to the mailing house. The mailing house will prepare a monthly report indicating the number of leads by source, number of pieces mailed, postage amounts, etc. The Agency will send the Clearwater Beach Chamber a listing of prospects received from all non-chamber sources. • The Agency will also oversee the Visitor Guide distribution of 50,000 printed copies. The Agency will contract for and maintain the inventory of visitor guides at the 1-75, 1-10, and 1-95 State Welcome Centers as well as the Clearwater Beach Visitor Information Center. • The Agency will provide the electronic version of the Visitor Guide to be placed on the visitclearwaterflorida.com website. It will also be made available to be placed on the Clearwater Regional Chamber of Commerce and Clearwater Beach Chamber websites. • The Agency will offer request forms on their website and will also provide the handling of telephone and email requests. • The Agency will update the accommodations listing of the Clearwater Beach and Clearwater mainland properties for the Official Visitor Guide. • The Agency will provide monthly reports of the activities accomplished above as well as the number of guides distributed. Item # 8 Attachment number 1 Page 6 of 6 Exhibit B Estimated Cost Breakdown Production of Visitor Guide $ 0 Project Management (Creative writing, editing, proofing) $ 5,000 Postage/Shipping $ 6,750 State Welcome Center Racks $ 2,000 Fulfillment Company $ 6,750 Envelopes $ 1,000 Chamber Administrative & Labor (mailing in house, etc) $ 4,500 TOTAL $26,000 Item # 8 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract for professional services pursuant to Clearwater RFP 17-10, Development of an Economic Development Strategic Plan, to TIP Strategies, Inc. of Austin, Texas, for a fee of $75,000, plus out-of-pocket expenses not to exceed $5,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: On June 1, 2010, the City Council approved the release of a Request for Proposals (RFP) 17-10 for the Development of an Economic Development Strategic Plan for the City of Clearwater. The RFP sought a qualified economic development consultant firm to prepare a citywide Economic Development Strategic Plan that would provide a framework for increasing the City's tax base with the ultimate goal of sustaining and expanding the economic base in order to provide for a high quality of life for all residents. Thirty-one firms responded to the RFP and their proposals were reviewed and ranked by the five-member Evaluation Committee. Each proposal was rated according to the firm's experience and qualifications, the presented project approach, quality of previous performance, and proposed cost. The Evaluation Committee consisted of:Michael Delk, Planning and Development Director; Geraldine Campos Lopez, Economic Development and Housing Director; Rod Irwin, Assistant City Manager; Kathleen Peters, Clearwater Regional Chamber of Commerce, Vice President of Public Affairs and Chris Steinocher, Tampa Bay Partnership, Chief Operating Officer, SVP, Marketing & Business Development. The Committee met on July 22, 2010, to discuss the proposals and short-listed five firms which best met the selection criteria. These firms were invited for oral presentations on August 17, 2010 and August 24, 2010 to further demonstrate their qualifications. The firms invited included: Analytica (Newberry, FL), Bay Area Economics (Emeryville, CA), Fairfield Index, Inc. (Tampa, FL), SRI International (Arlington, VA), TIP Strategies, Inc. (Austin, TX) Upon completion of the oral presentations, the Committee re-evaluated and re-ranked the remaining proposals. Based upon the strength of their proposal and presentation, the Committee selected TIP Strategies, Inc. of Austin, Texas, for recommendation to the Council. The primary factors used in selecting TIP Strategies included: Extensive experience related to the scope of work detailed in the RFP. This includes numerous projects within their home state of Texas, which has a competitive economic development environment, and many national engagements. Several projects have been successfully completed in Florida, including an economic development strategic plan for Lake County, Florida built upon an in-depth economic assessment TIP performed. Data presented and responses provided during their presentation indicated a solid understanding of the challenges we face in measuring and expanding our economic base. Specific examples of innovative incentives which have been successful for previous clients and unique ideas for possible incentives to be developed for the City. A strong focus on the development of realistic and practical benchmarks; measuring the success of our strategic plan implementation, identifying our position relative to our peers, and discovering best practices. Widespread experience in both gathering input from stakeholders, using a variety of methods, and building public support for economic development plans. TIP proposes to conduct the work in three phases: Phase 1-Economic Analysis (Discovery) Timeframe: 2 months Cover Memo Item # 9 This phase includes review of materials, interviews with knowledgeable sources (individual and focus group meetings), and conducting a targeted analysis of relevant economic and demographic trends to reach an understanding of Clearwater's economic base. Deliverables will include an economic analysis document (assessment, trends, and benchmarks). Phase 2-Issue Identification and Prioritization (Opportunity) Timeframe: 2 months This phase includes developing guiding principles, additional stakeholder engagement, target industry and occupational analysis, SWOT analysis, and opportunities analysis/workshop. Deliverables will include a vision for economic development, target industry recommendations and profiles, and preliminary opportunities and strategies for consideration. Phase 3-Strategic Plan (Implementation) Timeframe: 2-3 months This phase includes the development of strategies, a marketing plan, and an implementation program. Deliverables will include the strategic plan, a marketing strategy, and an implementation matrix that identifies actions to be taken, priorities, and measurements for success. TIP Strategies, Inc. will be paid the $75,000 in increments, upon completion of each phase, plus out of pocket expenses not to exceed $5,000, for a total contract amount not to exceed $80,000. The source of funds is $35,000 from the Economic Development Professional Services budget and $45,000 from the City Manager's Flexibility Fund in special program project 181-99804. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $80,000 For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment 181-99804 45,000 010-09216-530100-552-000 35,000 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager ED 7) Clerk 8) City Approval: Manager 9) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 5 PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, entered into this day of September, 2010, by and between the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "City," P.O. Box 4748, Clearwater, Florida 33758 and TIP Strategies, Inc., a Texas corporation, hereinafter referred to as "TIP," 106 E. 6th Street, Suite 550, Austin, Texas 78701. WHEREAS, the City requested professional services for the development of a citywide economic development strategic plan; and WHEREAS, TIP agrees, pursuant to the scope of work as contained in Exhibit "A" attached hereto, to develop a citywide economic development strategic plan; NOW THEREFORE, in consideration of the promises stated herein, the City and TIP mutually agree as follows: 1. SCOPE OF PROJECT. TIP agrees to provide professional services under the terms and conditions described in attached Exhibit "A." 2. TIME OF PERFORMANCE. This Contract shall commence on September 22, 2010 and terminate on July 31, 2011. 3. COMPENSATION. The City will pay TIP a sum not to exceed $80,000. This will be $75,000 for completion of the work and not to exceed $5,000 for all reasonable and necessary direct expenses. The City may, from time to time, require changes in the scope of the project of TIP to be performed hereunder. Such changes, including any increase or decrease in the amount of TIP's compensation and changes in the terms of this Contract which are mutually agreed upon by and between City and TIP shall be effective when incorporated in written amendment to this Contract. Page 1 of 5 Item # 9 Attachment number 1 Page 2 of 5 4. METHOD OF PAYMENT. TIP's invoices shall be submitted to the City for approval for payment on a monthly basis, by percentage of work completed according to "Exhibit B". The City agrees to pay after approval under the terms of the Florida Prompt Payment Act F.S. 218.70. The City's performance and obligation to pay under this Contract is contingent upon an annual appropriation of the City's budget. 5. NOTICES AND CHANGES OF ADDRESS. Any notice required or permitted to be given by the provisions of this Contract shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid) on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. TIP Strategies, Inc. Name Title Address Telephone # Facsimile # City of Clearwater Geraldine Campos Lopez Economic Development & Housing Director P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4220 Telephone # (727) 562-4075 Facsimile # 6. TERMINATION OF CONTRACT. Page 2 of 5 Item # 9 Attachment number 1 Page 3 of 5 The City at its sole discretion may terminate this Contract by giving TIP a ten (10) day written notice of its election to do so and by specifying the effective date of such termination. TIP shall be paid for its services through the effective date of such termination. Further, if TIP shall fail to fulfill any of its obligations hereunder, this Contract shall be in default, the City may terminate the Contract, and TIP shall be paid only for work completed. 7. INDEMNIFICATION AND INSURANCE TIP, at its own expense, shall procure and maintain the following insurance: A. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability; B. Business Automobile Liability insurance in the amount of at least $1,000,000, providing Bodily Injury Liability and Property Damage Liability; C. Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability with a $500,000 limit, which meets all applicable state and federal laws; and D. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the Vendor, shall be purchased and maintained by the Vendor with minimum limits of $1,000,000 per occurrence. The parties recognize that TIP is an independent contractor. TIP agrees to indemnify and hold harmless the City of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of TIP, its agents, officers, subcontractors, employees, and independent contractors. 8. PROPRIETARY MATERIALS Page 3 of 5 Item # 9 Attachment number 1 Page 4 of 5 Upon termination of this Contract, TIP shall transfer, assign and make available to City or its representatives all property and materials in TIP's possession belonging to or paid for by the City. 9. INTERESTS OF PARTIES. TIP covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance and/or provision of services required under the terms and conditions of this Contract. 10. CONFORMANCE WITH LAWS. TIP agrees to comply with all applicable federal, state and local laws during the life of this Contract. 11. ATTORNEY FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 12. GOVERNING LAW AND VENUE. The laws of the State of Florida shall govern this Contract, and any action brought by either party shall lie in Pinellas County, Florida. Page 4 of 5 Item # 9 Attachment number 1 Page 5 of 5 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. Countersigned: Frank Hibbard Mayor Approved as to form: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Pam Akin Rosemarie Call City Attorney City Clerk Attest: Print Name: Secretary Page 5 of 5 TIP STRATEGIES, INC. By: Print Name: Title: Item # 9 Attachment number 2 Page 1 of 7 EXHIBITA A° ,Y t oi1? F? Strategic Economic Development Plan Scope of Work for the City of Clearwater, Florida (RFP #17-10) SEPTEMBER 2010 Item # 9 Attachment number 2 Page 2 of 7 CI t c l! Scope of Work Our team has an established process for conducting economic development strategy work. Our Theory Into Practice (TIP) planning model combines analytical tools with the latest thinking in economic development, workforce training, and community-based principles to create innovative and publicly supported strategies. In our years of leading consulting projects across the country, this three-phase approach - Discovery, Opportunity, and Implementation - has proven flexible enough to address the variety of challenges our clients face. Throughout the course of the project, our team will coordinate with ongoing initiatives, including the Tampa Bay Partnership's Cluster Study and Workforce Analysis and the efforts of other area groups, including the Pinellas County Economic Development Department and Pinellas County Convention and Visitors Bureau. Understanding how Clearwater's economic opportunities fit within those of its regional partners will be a focus of this work. We begin by documenting our client's position from an economic development perspective. During this phase we review available materials, visit with knowledgeable sources, and conduct a targeted analysis of relevant economic and demographic trends to reach an understanding of the current state of the region. (Where are we now? How do we compare with our peers and competitors?) This work serves as the basis for economic development strategies in Phase 2. A strong working relationship between our team and the client project team is essential. The kick-off meeting provides the opportunity to discuss objectives, define success factors, identify relevant studies and initiatives, and review the team's overall expectations for the engagement. The outcome of the meeting will be a project management plan that will serve as the foundation for all the work to follow. In addition to a tour of the area and a review of existing planning documents, our analysts prepare a targeted analysis of demographic and economic factors that are of greatest concern to economic decision makers. This market-based analysis focuses on factors that define the area's overall competitiveness and highlight Clearwater's unique economic strengths and weaknesses in the context of the larger economy. Our standard assessment addresses the elements outlined below, but specific aspects can be tailored to meet the needs of the client. Throughout this phase, we work closely with the client project team to avoid duplication of existing research. We have found, however, there is value in coming to a common understanding of the data from an economic development perspective. Item # 92 1 Attachment number 2 Page 3 of 7 CI t c l! We begin by analyzing the area's demographics from the perspective of current employers and potential recruits. This assessment considers overall growth in the labor force, participation and unemployment rates, educational attainment and higher education enrollment, commuting patterns, wage rates, and occupational statistics. To understand the foundation and overall structure of the regional economy, we will examine local employment growth trends, industrial composition, and major employers in the area. The team will assess issues affecting the area's appeal to major employers. This analysis will consider location; transportation, telecommunication, and other utility infrastructure (planned and existing); available sites; and incentives. TIP has a proven methodology for assessing entrepreneurial potential. We make a clear distinction between small business start-ups and companies with high growth potential. TIP will include an assessment of the region's entrepreneurial assets in four areas: (1) capital; (2) business services; (3) education & information programs; and (4) talent. For any long-term planning process, an understanding of the underlying forces affecting economic vitality is critical. In concert with the economic analysis phase, the consulting team will facilitate a discussion of long-term trends at the regional, national and global levels and the opportunities they may provide Clearwater for economic growth and sustainability over the next decade. Our planning model includes developing profiles of the economic development efforts of an agreed upon number of benchmark communities or regions. Benchmarking can serve a number of purposes in economic development planning, including gauging progress (Where do I stand relative to my past performance?); understanding your position relative to your peers (Who is like me and how do I compare?); and identifying best practices (Who do I aspire to be like and what can I learn from them?). TIP will work with the project steering committee in determining which communities or regions would serve as the most appropriate benchmarks. TIP defines economic development as the application of public resources to stimulate private investment. This definition recognizes that decisions on everything from transportation infrastructure to new workforce development initiatives must be informed by the response they will receive from the private sector. As a result, our approach is rooted in the needs of the client on the one hand, and by an in-depth knowledge of investment choices on the other. 2 1-1 . , At TIP, we believe vision is inextricably linked to opportunity, with each informing the other. A clear vision should provide a framework that both guides the recommended actions and establishes priorities among available alternatives; the range of opportunities should suggest a larger vision. While our analyses serve as the foundation for this process, we pride ourselves on our ability to think creatively and to develop a vision that is supported by the data, but not driven by it. Our approach places a premium on well-informed decision-making, sound planning practices, and long-term commitment to a vision for the future. Item #93] Attachment number 2 Page 4 of 7 CI t c l! o a Gathering input from stakeholders is an integral part of the TIP planning process. We can employ a variety of methods-from organizing "town hall" style meetings to facilitating targeted workshops to conducting web- based surveys-to gather and document the community's goals, objectives and vision for the future. For this work, we propose the following approach to gather input from area stakeholders: Our team has met with thousands of businesses and community leaders nationwide. Our process emphasizes individual interviews and focus groups conducted with regional business representatives, public officials, and economic development experts to gather information about land use patterns, regional economic trends, private sector opportunities and barriers, investment patterns, and other intelligence. To expand participation in the process, we can provide direction in the use interactive media to engage relevant stakeholders. If desired, this could include preparation of a web-based survey to be distributed by the City of Clearwater along with a strategy for using new interactive media tools (e.g., Twitter, Facebook, project blog) to increase participation. We have found this technique effective for engaging stakeholders, gathering anecdotal information about assets and challenges, and increasing "buy-in" among the broader community. . . r ..... . r ................. , ° < > If desired, TIP can create a website designed exclusively for this project. Access to this site can be limited to the project team, providing a tool for communication, or the site can be open to the public, providing a means of keeping the public informed about the study and gathering public comments. The TIP team will employ a three-pronged approach to identifying the most suitable targets for Clearwater. Using a review of quantitative, qualitative, and strategic factors, this task will match the area's assets with national and international trends to identify the industries that represent the highest potential for relocation or expansion to the region. During this task, we will look at both existing targets and emerging industries. Data will be provided at the three-digit NAICS level or higher. 11 Unlike other methodologies which rely heavily on analyses of employment trends by industry, we use a workforce-centered approach that incorporates not only the region's current labor advantages but also its workforce-quality goals. We start by selecting occupations that meet predetermined thresholds with regard to earnings, industry staffing patterns and training/educational requirements. Using a crosswalk of occupations and industries, we identify potential target sectors that utilize these desired occupations. We then select those industries with favorable employment projections and capital Item #9n Attachment number 2 Page 5 of 7 CI t c l! investment trends. The end result of this workstep is a matrix of potential target industries and occupations that compare the labor requirements for the target industries with available labor, which allows a community to identify workforce training needs. Our quantitative analysis is supplemented by discussions with local economic development professionals and company executives from relevant industry sectors to gather information about current industry trends, supply chains, critical location factors, and other relevant issues. This qualitative approach will allow us to identify specific targets that may not be revealed in the data analysis and to pose questions for additional research. Finally, strategic considerations affecting the competitiveness of the target sectors will be identified based on 1) a review of relevant cluster initiatives already in progress in the region, 2) an understanding of state, national and global trends, and 3) the experience of the consulting team in evaluating target markets. From the list of potential targets that emerges, we choose those industries that best promote the strategic goals of the client. These target industries may enhance existing clusters or encourage the development of new clusters (aspirational targets). For each target, we create detailed profiles that include industry trends, strategic considerations, and site selection criteria. In addition, we will provide a contact database, in a format suitable for integrating into standard contact management systems, for each target industry identified in the planning process. The consulting team has developed numerous databases used by economic development clients for prospect marketing and development. Our most recent databases have included automotive suppliers and data centers. o S`4'V('_' The assessment forms the basis for the development of an analysis of the strengths, weaknesses, 2 2 opportunities, and threats (commonly referred to as a SWOT analysis). This analysis, in turn, drives the subsequent Opportunity phase of the planning process. As part of this task, we will identify physical locations within Clearwater that represent primary opportunities for attraction and expansion. 2 1-1 o a As part of this phase, we will facilitate an opportunities workshop with area leadership. The purpose of this workshop will be to engage in a focused discussion of potential strategies for the region. In identifying effective strategies, our team will consider a broad range of traditional and non-traditional opportunities arising from demographic shifts, changing consumer behaviors, large-scale government policy, changing resource availability, as well as regional assets. The value TIP adds in such strategy sessions is understanding how trends and assets translate into opportunities for our clients. .,rr Based on the findings of the Opportunity phase, TIP will prepare a strategic plan to guide economic development efforts in Clearwater. The result of this phase will be a strategic plan that provides local leaders with the tools needed to strengthen the area's economic base. 3, ; - Based on the findings of the assessment, stakeholder input obtained during the Discovery phase, and the experience of the consulting team, TIP will assist in identifying effective strategies. We anticipate the resulting strategies will address the following areas: Item # 9 5 1 Attachment number 2 Page 6 of 7 CI t c l! TALENT. Strategies will address issues related to the development ("growing your own"), retention, and recruitment of talent. Best practices for aligning workforce and education systems with the needs of the region's industry clusters will be emphasized. Engaging educational professionals at all levels will be a key element of success. INDUSTRY & INNOVATION. The results of prior phases will drive strategies related to business recruitment, retention, and expansion. Emphasis will be placed on identifying creative strategies for addressing barriers and leveraging assets, as well as on the role of incentives. Encouraging innovation among existing companies, fostering entrepreneurship, and capitalizing on emerging technologies in the region will be central to this strategy. PLACE. Quality of place matters to both companies and individuals. Workers need places to live, amenities, and educational opportunities. Quality housing, good restaurants and good schools are not luxuries for an educated workforce-they are necessities. Communities that fail to provide a range of alternatives for their residents will fall behind those that do. Strategies will emphasize the connection between quality of place and economic vitality. The result will be strategies that leverage the area's strengths and opportunities to differentiate it from the regional and national competition. 3," Specific attention will be given to positioning Clearwater with decision makers in each target sector. Elements to be considered in this task will include: clarifying the target audience(s), developing a marketing theme and message, with an emphasis on the relationship to existing brands and graphic identity, identifying the most effective marketing channels (e.g., email, web, social networking tools, traditional media, advertising, trade shows, inbound marketing events, tours, and special events), evaluating existing collateral material, including both electronic tools (websites, e-newsletters) and printed material (brochures, etc.), and understanding the role of public relations. The results of this task will identify the most effective strategies for the City of Clearwater to connect with site selectors and decision makers in target industries. Although it is often overlooked, a strong implementation strategy can be the key to bringing a plan to fruition. We understand that the implementation phase must be considered within the development of the plan itself. TIP will prepare an implementation matrix that addresses the following: Item #96] Attachment number 2 Page 7 of 7 CI t c l! Using the findings prior tasks, we will develop a list of actions to support the strategies. This step typically includes identifying responsible parties and potential partnership opportunities, setting timelines, preparing budget estimates, and identifying potential funding sources. Identifying opportunities and the steps needed to make them reality is not enough. Setting priorities is perhaps the most important role that a solid implementation strategy should fulfill. Having clearly established priorities is essential for effective use of public resources. An important piece of any strategic plan is developing the metrics by which success of the plan will be gauged. We can also advise staff on methodologies for collecting the needed data. Building public support for a plan is critical to its success. This phase will consist of making revisions to the deliverables, as well as obtaining final approval for the plan. This phase will also include a public "roll-out" of the plan. In our experience, this step has been critical to broader acceptance of the strategies. The outcome of the process will be clear: forward-thinking strategies providing a practical tool to guide economic development in Clearwater. TIP will provide a candid assessment of the economy, a clear picture of the community's greatest opportunities for growth, and a creative action plan for leveraging its competitive advantages. TIP's fee includes the cost of printing 10 bound copies of the final report. The City will be responsible for the production expense associated with any additional copies requested. Item #9n Attachment number 3 Page 1 of 1 O w t U o U O 0 +, o c o 3 a Ln O 3 n 0 m Q i/} d C y CL 0 i G Ln d O U d 16 d D iz d H 3 ? a U ? 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N h0 p0 O/ N fi f0 N G ci N M M M O/ f0 a 0 0 0 0 N N 0 O I M O O 0 O O Ln 0 O O Item # 9 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) SUMMARY: The Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service throughout the Clearwater Beach, Island Estates, and Sand Key areas since 1982. The non-profit's mission is to reduce congestion and improve mobility in this area for both tourists and residents. The Jolley Trolley now transports 140,000 passengers per year, reducing approximately 80,000 vehicles on Clearwater Beach. In addition, the Jolley Trolley has become a tourist venue that differentiates Clearwater Beach from other beaches in the area. The Jolley Trolley has achieved many accomplishments since the change in leadership in March 2009. With a new Executive Director, the following have been accomplished: Increased ridership, advertising revenues, and charter Ordered a new trolley to be delivered in Fall 2010 Developed a website, www.clearwaterjolleytrolley.com, with search engine optimization Improved advertising displays in/on trolleys Trained drivers to be "Ambassadors of Tourism" Implemented new schedule with 99% on-time frequencies Initiated a new map and schedule of routes (every 30 minutes) Partnered with the PSTA that lead to an increase in ridership (113%) No incidents or accidents have been reported Successfully negotiated with the DDB, with continuing negotiations with Dunedin, to participate in funding, with matching PSTA funds, for service between Clearwater Beach, Downtown Clearwater and Dunedin on Fridays, Saturdays and Sundays As part of this agreement, the Jolley Trolley will prepare a quarterly report that tracks high- level financials, ridership numbers, accident frequency, and on-time adherence to schedule. The City will use these items as a measure of performance. $150,000 has been budgeted in the Parking Fund's FY 2010-11 operating budget to fund this agreement. The Jolley Trolley's Business Plan covers the proposed revenues and expenditures for 2010 and 2011 and a year-end summary of activities. The term of the agreement is for one year. The Economic Development and Housing Department administers the agreement. Type: Other Item # 10 Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 435-01333-582000-545-000- 0000 150,000 Annual Operating Cost: 150,000 Total Cost: 150,000 2010 to 2011 Amount Appropriation Comment 150,000 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 # 10 0 A R* A R* A R* A R* A R* A R* A R* A R* A R* A R* A R* A R* A It o T T T T T T T T T T T T T o m a ? 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Attachment number 2 Page 1 of 4 JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT This Jolley Trolley System Funding Agreement is made and entered into this day of September, 2010, between the City of Clearwater, hereinafter referred to as the ("City") and the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, hereinafter referred to as the ("Corporation"). ARTICLE I. TERM The term of this agreement shall be for a period of one (1) year commencing on October 1, 2010 and continuing through September 30, 2011, (the "Termination Date"), subject to annual budgetary appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE CORPORATION 1) Services to be Provided. The Corporation shall provide the transportation services to promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand Key, as described in Exhibit A. 2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups which will be no more than 30 minutes apart (conditions permitting), as described in Exhibit A. 3) Posted Route Schedules. The Corporation shall provide posted route times at selected pick-up locations listing scheduled pick-up times, in conjunction with the Pinellas Suncoast Transit Authority (PSTA). 4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990 and 990T certified by independent Certified Public Accountant within 90 days of the end of the fiscal year to the Economic Development and Housing Director. The financial report is to set forth the total cost of operations provided, and the detailed account of operational costs funded in part by the City. The Corporation will also provide quarterly reports of activities including: high level financials, ridership numbers, accident frequency, and on-time adherence to schedule. 5) Use and Disposition of Funds Received. Funds received by the Corporation from the City shall be used towards the payment of expenses attendant to the operation of the Trolley System. 6) Creation, Use and Maintenances of Financial Records. a) Creation of Records. The Corporation shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Corporation. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b) Use of Records. The Corporation shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. Item # 10 Attachment number 2 Page 2 of 4 c) Maintenance of Driver's Log and Check Point System. The Corporation agrees to maintain a driver's log and a check point system to document compliance with the agreed upon schedule. Changes to these attached schedules are at the discretion of the Corporation Board of Directors, but will be submitted to the City at least two weeks prior to implementation. Any change, or series of changes, which will cause more than a 25% reduction in the routes may, at the discretion of the City Council, be considered a failure to adhere to the terms of the contract and may be grounds for reducing the funding commitment or may be considered cause for termination of the contract. d) Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub- contracts. d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 8) Liability and Indemnification. The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 9) Compliance with Laws. Corporation shall comply with all federal, state, county and local laws, rules and regulations applicable to the operation of the vehicles. If it is ever 2 Item # 10 Attachment number 2 Page 3 of 4 determined that this Agreement violates any federal, state, county or local laws, rules or regulations, then Corporation shall comply in a timely manner or City may terminate. 10) Corporation's Role in the Development and Revitalization of Clearwater Beach. It is contemplated by the Parties hereto that in consideration for the funding provided by the City, the Corporation's role in providing trolley service shall be promoted as a tourist amenity and enhancement in furtherence of the development and revitalization of Clearwater Beach. To that end, the Corporation agrees to cooperate and work with City staff to develop the Corporation's role as integral to such revitalization and development and as a catalyst for tourism. ARTICLE III. RESPONSIBILITIES OF THE CITY 1) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part the operational costs incurred in providing the activities and services authorized by this agreement as follows: • An annual amount of $150,000 for providing trolley service on Clearwater Beach, Island Estates and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A. Payable in equal payments of 1/12 per month per fiscal year. ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1) For Cause. Failure to adhere to any of the provisions of this Agreement in material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party sixty (60) days notice of termination. If the default is not cured within the sixty (60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61st) day. 2) Disposition of Fund Monies. In the event of termination for any reason, monies made available to the Corporation but not expended in accordance with this Agreement shall be returned to the City within 30 days of demand. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this Agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1) If to Corporation, addressed to: Jolley Trolley Transportation of Clearwater, Inc. 483 Mandalay Avenue, Suite 213 Clearwater, FL 33767 3 Item # 10 Attachment number 2 Page 4 of 4 2) If to City, addressed to: City Manager P. O. Box 4748 Clearwater, FL 33758-4748 With copies to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 Economic Development and Housing Director P.O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date written below. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 12010. Countersigned: Frank V. Hibbard Mayor Approved as to form: CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Attest: Pam Akin Rosemarie Call, MPA, CMC City Attorney City Clerk JOLLEY TROLLEY TRANSPORATION OF CLEARWATER, INC. By Robert L. Longenecker Executive Director Attest: 4 Item # 10 Attachment number 3 Page 1 of 23 J I ? `. Ns ??eC-? -1- I Item # 10 Attachment number 3 Page 2 of 23 Jolley Trolley 2011 Bu,?ne,xs Pld . i 1, r ;-wJ C ;JrII J if ?fi l 1; 6I'L_. ?i, a?C;l. , 2011) ...................................... b) ont! I?' .w 1 I, 1) zuiI il' `I "I jn Si n s .......... ....... ....... ............... 3-q 5 10 15-1 Item # 10 Attachment number 3 Page 3 of 23 M a throe major axes which are del 4 1. Item # 10 Attachment number 3 Page 4 of 23 .. ?. 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V 1 M 11,'11,'11 I1?I lj ' ?IiI i;, I II',111i 1 1';, 11;'', 1 i' 111 a 1(i '1 ?lili 11 (i;1 1I{' 1'1:1 ,( i.' ° i l-!'!Ijd1 '_`d { ,111 °? otfr c I`' I xO Ttl 1 I i hH P I, WM II 1'HII 1 -va'i :11 [ ii A ll'l j€1t° 1' 1 1 hw, iiaE' T Odin in in 1 .tkucfurp f{1i lt!13?,? tif?ffl'`: 006Il1 I?'111 i ;!Iil?i;? 1 -.JW: Ii 1'11,,11 11 ?, lit I,I, 1] 3 tis 1[ %r two A - 9?,1i7?,E??1iIt 1I<<„I,,i- ' Llf_., .v_iI-, ?_ 1: ?I,'A? ?tE ; ? it (Af-t'1J 1( "..,..,,Il'i<i%, I, of tv I 1 For 'y^€'.w , 1 11 ? "A Ou i 1 W hay-, ; l We I I ` 15 Item # 10 b) I :I .1111ill, 5 ! 1111I: i 'h ,, I _ c1 To if aiI 11 ?; I I d) Lt4 l_ l' I I L._ _., I - 1 1 ?:'I: IIII I,I,!I II Itl lil _ '. . ? : i . ? i ?'. C ..ill • ? 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I'It 11,1 r p.? f-,i. ?.Irli Ilimm?.? 1 cr}'tkaL Future pu..>v ':10i I?. 11 '?I!I?.. ? `,1111 p"?1JiI' I !7:a v"Yi cl-ro-P i'? ,h, . rill p" "I H I TI }I l 1?M 411 wV,.J d l l ? a:d d'k : l I I d l' ?1 w'' ' , ". ,..r 6w A 1 a . to BJ L K=11- (1 WAW 1 _ As pih43C'h in mdiuedind ea ':;}i ,'gdLkl, 111 :.1111 I ??. i I 1 1 I ' 1 I ' 1 1 1 i 11.. lu i i I I ?? III ? :I I II? i „1? 1 II i I I f 1 i ? ??' I I r 1 1.. Item # 10 Attachment number 3 Page 21 of 23 6 7t Vnle 1 a ., E it r f° 5? the third 1 11 ,. 1 ? ?? I1 f ? t a 1 0 a l if I 1 1I ?I 1 1 i e i A r s 1 1 V 1 1 1 1 .? r¢ 4, h„ A e 31 F? c„ Ltl ?? A 1 ,RY. o61j 0I Q i ?o et, Ul ??dl?J l?.A3 ?4??n?4?.9ug5 route. k 1 1 I? I 1 I 1 , I'd q 1 ,J I a, I E9 Item # 10 Attachment number 3 Page 22 of 23 'I "T I, il, ?. ?? i I I ? I t I I!'vi I 1 I I I +?.-i???t?,f ???• ?r,?.? •,.? ?? ;-a ?, ?9? `'I .. I _!I ?e„ W,, III I l°,,.!,I ' ` r 1 ? I ?, ' I I I II f I I ? I I I I I I!?I IIII ? I r ?? I II I i I q i ?4?„r Of {7??'1 E;? ?e1 C'S t3it ?... ?LII ?lllf t° rates lip 3 f1'. v.el ks .a f;.'. II i.. 'i1 I: Ii 1 I I, _''.f Jrd' Ga e?- 1 II III. Inf. ,ti and ht LH-,, Our fib' I I I III I ,, I ! I h n') ay be H area ?Ir; ti I'di III, I I I I? I 4_ Item # 10 Attachment number 3 Page 23 of 23 aUs ?. } U' ?J trolleys J, %V '. I I .r.. a ?f1E'4 ? ft's I ? '1li sl? l°,I " f. I I 'IS ?1,11i. ? III ?,II? ti>1 I 21, Item # 10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the October 1, 2010 one-year extension to the Emergency Medical Services Advanced Life Support First Responder Agreement between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services and has also contracted with an Ambulance Contractor to provide emergency and non-emergency transport services. Through this contract, Clearwater Fire and Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that are located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. In 1997, the EMS Authority signed a 10-year agreement with the contract providers that expired on September 30, 2007. The EMS Authority and the contract providers negotiated a five-year Agreement commencing October 1, 2007 and ending at midnight September 30, 2012. This agreement funded six (6) rescue units and two (2) advanced life support (ALS) fire engines. In a letter dated July 25, 2008, Pinellas County terminated this agreement effective September 30, 2009, citing decreased tax revenue due to Amendment 1 and declining property values. The County began a review in 2010 of the Emergency Medical Services system. While the study was on-going, the EMS Authority proposed, and the City accepted, a one-year contract commencing October 1, 2009 and ending at midnight September 30, 2010. The contract funded five (5) rescue units and three (3) advanced life support (ALS) fire engines. The City chose to provide additional funding to operate a 6th rescue unit, Rescue 50, in place of one of the ALS engines. The study of the EMS system has not been completed. The EMS Authority has proposed a one-year extension to the 2010 contract. The extension would commence October 1, 2010 and end at midnight September 30, 2011. Under the proposed extension the County will reimburse the City for the same five (5) rescue units and three (3) advanced life support (ALS) engines as under the previous contract year. The City, however, will discontinue the additional funding necessary to operate Rescue 50. The City will upgrade Engine 50 from a basic life support (BLS) engine to an advanced life support (ALS) engine, instead. The upgrade is accomplished by replacing a firefighter with a fire medic and transferring ALS equipment to the engine. In an effort to control costs the County will reimburse cities for reasonable and customary costs, as opposed to fixed compensation amounts from past years, and the County will assume responsibility for providing electrocardiogram (EKG) monitoring/defibrillation equipment. Compensation for the fiscal year commencing October 1, 2010 shall be $5,047,389.00, which is $152,184.00 higher than the current fiscal-year payment of $4,895,205.00. Compensation is to be paid in arrears in equal monthly installments beginning on November 1, 2010. Type: Current Year Budget?: Budget Adjustment Comments: Other None Budget Adjustment: None Cover Memo Item # 11 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 # 11 Attachment number 1 Page 1 of 5 EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT EXTENSION OCTOBER 1, 2010 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY 12490 Ulmerton Road Largo, Florida 33774 Item # 11 Attachment number 1 Page 2 of 5 Emergency Medical Services ALS First Responder Agreement Extension Paae 1 EXTENSION OF ALS FIRST RESPONDER SERVICES AGREEMENT AGREEMENT made this day of September 2010, between CITY OF CLEARWATER, a Florida municipal corporation ("Contractor") and the PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY, a special district ("Authority"). In consideration of the mutual benefits set forth below, the parties agree as follows: 1. Contractor currently contracts with the Authority to provide Advanced Life Support (ALS) First Responder Services. 2. The ALS First Responder Services Agreement between the Contractor and the Authority, dated September 22, 2009 (the "Agreement") is set to terminate on September 30, 2010. 3. The term of the Agreement shall be extended to and including September 30, 2011. 4. Contractor and Authority agree that upon approval of this extension, except with regard to the extension of the term of the Agreement and the matters set forth in paragraph 5, all terms of the Agreement will remain in full force and effect as if the original term of the Agreement extended to September 30, 2011. 5. The Authority funded and authorized ALS First Responder Units, listed as Appendix "A", and the Annual Compensation for FY10-11, listed as Appendix "B", are attached hereto. Item # 11 Attachment number 1 Page 3 of 5 Emergency Medical Services ALS First Responder Agreement Extension Paae 2 IN WITNESS WHEREOF, the parties hereto, by and through their undersigned authorized officers have caused this Extension of First Responder Services Agreement to be executed on this day of , 2010. PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY ATTEST: By and through the Board of KEN BURKE, CLERK County Commissioners by: Deputy Clerk by: APPROVED AS TO FORM: Office of County Attorney Countersigned: Mayor Chairman CITY OF CLEARWATER, FLORIDA by: City Manager APPROVED AS TO FORM: ATTEST: City Attorney by: City Clerk Item # 11 Attachment number 1 Page 4 of 5 Appendix A ALS First Responder Units Contractor Authority Funded Contractor Funded Clearwater Engine 44, Rescue 45 Engine 45, Engine 46**, Rescue 46, Rescue 47 Engine 47**, Engine 48 Rescue 48, Rescue 49 Engine 49, Engine 50 Rescue 50*, Engine 51 ** May operate Engine 46 * - One position Authority when Rescue 46 is out of Funded; Contractor may service for training. May operate Engine 50 in lieu of operate Engine 47 when Rescue 50 at its discretion. Rescue 47 is out of service for training. Dunedin Engine 60, Engine 61 None Engine 62 East Lake Engine 56, Squad 57 None Engine 58 Gulfport Engine 17 None Largo (including Belleair Bluffs) Engine 38, Engine 39 Squad 38, Rescue 39 Engine 40, Engine 41 Tactical Engine 41 Rescue 41, Rescue 42 Truck 42 Engine 43 Lealman (including Tierra Engine 18, Rescue 19 Special Rescue 21 Verde Engine 19, Engine 21 Madeira Beach Engine 25 None Oldsmar Truck 54 Rescue 54 or Engine 54 Palm Harbor Engine 65, Engine 66 Squad 65 Truck 67, Engine 68 Pinellas Park Rescue 33, Rescue 34 Truck 33, Engine 34 Truck 35, Rescue 37 Pinellas Suncoast Engine 27 Truck 28 Safety Harbor Engine 52, Truck 53 None St. Pete Beach Rescue 22, Engine 23 None St. Petersburg Rescue 1, Rescue 3 Engine 3, Engine 4 Rescue 4, Rescue 5 Engine 6, Engine 7 Rescue 6, Rescue 7 Rescue 8, Rescue 9 Rescue 10, Rescue 11 Engine 12, Engine 13 Seminole Engine 29, Squad 29 None Engine 30, Engine 31 Engine 32 South Pasadena Rescue 20 None Tarpon Springs Engine 69, Engine 70 Truck 69 Treasure Island Engine 24 None Update August 26, 2010 Item # 11 Attachment number 1 Page 5 of 5 Appendix B FY10-11 Annual Compensation Contractor FY10-11 Belleair Bluffs (Largo) $420,249 Clearwater $5,047,389 Dunedin $1,239,927 East Lake $1,213,943 Gulfport $415,210 Largo $3,530,475 Lealman $1,651,286 Madeira Beach $357,484 Oldsmar $378,218 Palm Harbor $1,791,659 Pinellas Park $2,786,675 Pinellas Suncoast $545,986 Safety Harbor $894,683 Seminole $1,842,936 South Pasadena $670,060 St. Pete Beach $1,101,575 St. Petersburg $12,544,738 Tarpon Springs $887,739 Tierra Verde Lealman $423,658 Treasure Island $368,536 Item # 11 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2010 to September 30, 2011, and authorize the appropriate officials to execute same. (consent) SUMMARY: The $400,000 amount represents an estimate of claims expenses for the next fiscal year that will become due and payable as a result of workers' compensation claims occurring between 1984 and 1991. The City of Clearwater is self-administered for the majority of its workers' compensation claims, but a handful of claims (16 as of October 1, 2009) are still administered by the City's former third party administrator, Gallagher Bassett Services, Inc. The City's Risk Management Division pays a fee of approximately $4,000 per year for continued third party services on these claims. Appropriation Code Amount Appropriation Comment 590-07000-545800-519-000-0000 $400,000 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 12 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2010 to September 30, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain insurance coverages for the City. This insurance is purchased through the efforts of two brokers: Wells Fargo and Arthur J. Gallagher and Company. (Florida). Risk Management is recommending approval of the following coverages and any other coverages that may become desirable throughout the year at a cost not to exceed $600,000. Policy ne & Dishonesty ess Liability/WC S coverage 2009/2010 201012011 Expiring Estimated Term Premium Premium 10/1/10-10/1/11 $ 17,545 17 400; 10/1/1010/1/11 $373,760 $368,650 10/1/10-10/1/11 i $80,260 E $ 83,760 Annual term varies w.w.. i $ 25,835 .?.w. $ 35,0001 w.w w w.w 5/20/11-5/20/12 $ 11,678 $ 25,0001 5/22/11-5/22/12 ....... $ 5.823 .. ........ $ 6.4501 10/1/10-10/1/11 S16.160 S 17.085, $ 68,939 $ 4(055 $600,000, $600,000 Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0590-07000-545100-519- 000-0000 Review Approval: $600,000 10/1/2010 to 9/30/2011 Amount $600,000 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None Cover Memo 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6 Clerk 7) City Manager 8) Clerk It@Ill 13 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the restructuring of the U.S. Department of Energy Block Grant to move $244,000 grant funding from Electronic Plan Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and move $244,000 of General Fund reserves from Honeywell project 315-94527 to Electronic Plan Submittal project 181-99857. (consent) SUMMARY: On October 22, 2009, Council approved the U. S. Department of Energy Block Grant to fund the following projects: LEED Training and Certification - $18,000 Electronic Plan Submittal & Review - $244,000 Clearwater Energy Efficiency Conservation and Mobility Strategies - $350,000 Energy Efficiency Retrofit in City Facilities - $463,400 Total - $1,075,400 Since that time: The grantor is encouraging recipients to spend the grant funds as quickly as possible. The Council awarded a contract on May 20, 2010 to Honeywell for City facility retrofit energy improvements in the amount of $3,498,000 to be funded with $463,400 in grant funds as well as other funds including $808,592 of General Fund reserves. The Electronic Plans Submittal and Review project will take more time to complete than the City Facilities Retrofits project. Once staff became aware that the City could spend the grant funds in a more timely manner by allocating more grant funds to the City Facilities Retrofits project 181-99859 , replacing reserve funding, we made a request to the U. S. Department of Energy to restructure the grant. This request has been granted and staff requests Council permission to move grant funding from Electronic Plan Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and move $244,000 of General Fund reserves from Honeywell project 315-94527 to Electronic Plan Submittal project 181-99857. Both projects will stay the same in total. A quarterly budget amendment will move $244,000 grant funding from Electronic Plan Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and move $244,000 General Fund reserves from Honeywell project 315-94527 to Electronic Plan Submittal project 181-99857. Type: Other Current Year Budget?: None Budget Adjustment: Yes Budget Adjustment Comments: A quarterly budget amendment will move $244,000 grant funding from Electronic Plan Submittal project 181-99857 to City Facilities Retrofits project 181-99859 and move $244,000 General Fund reserves from Honeywell project 315-94527 to Electronic Plan Submittal project 181-99857. Current Year Cost: Not to Exceed: For Fiscal Year: to Annual Operating Cost: Total Cost: Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) C6?Joty Approval: Manager 7) Clerk Item # 14 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Increase the authorized not-to-exceed amount for actuarial services to be performed for the City by Gabriel, Roeder, Smith and Company by $100,000 to cover the estimated cost of preparing an analysis of the costs/savings of potential pension plan changes for a new City not-to-exceed amount of $160,000. (consent) SUMMARY: Gabriel, Roeder, Smith and Company was selected through an RFP process and a five- year contract was awarded in December 2009. The contract was split between services to be paid from the Pension Plan of $210,000 for pension plan actuary work and services to be paid from City funds of $60,000 for OPEB (Other Post Employment Benefits) calculations required for financial reporting. Since that time, the Council has requested that City staff work with our actuary to analyze the costs/savings of various potential pension plan changes. The Pension attorney has stated that the costs for such analysis should be paid from City funds rather than from Pension Funds. In August, the Council authorized spending up to $200,000 from City funds for legal and actuary work related to this project. Staff estimates that it will cost approximately $100,000 for the actuary work, however, this is a not-to-exceed amount and the City will only pay for work that is performed in accordance with approved work orders. Staff will return to Council if more funds are needed, depending on how complicated this project becomes. The current City approved not-to-exceed amount is $60,000 (for OPEB calculations). The addition of this $100,000 authorization (for pension changes) brings the not-to-exceed amount to be paid from City funds to $160,000. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes Will be processed as part of the 3rd quarter budget amendments. Current Year Cost: Annual Operating Cost: Not to Exceed: For Fiscal Year: $100,000 Total Cost: to Appropriation Code Amount Appropriation Comment 0181-99863-530100-513- $100,000 000-0000 Bid Required?: Yes Bid Number: RFP 21-09 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City MamgtwrWEGJgrk 7) City Approval: Manager 8) Clerk Item # 15 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize staff to proceed with the potential refunding of the Water and Sewer Revenue Bonds, Series 2002. (consent) SUMMARY: The Water and Sewer Revenue Bonds, Series 2002 have interest rates ranging from 4 to 5%. Current bond market conditions lead us to believe that we can refinance these bonds with a present value savings of 4 to 6% ($2 to $3 million). Excerpts from the City's Debt Policy provide that: The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. Staff proposes the City proceed with the potential refunding with the following conditions and understandings: 1. Prepare the appropriate resolutions, offering statements, and other documents with the assistance of the City's financial advisor, bond council, and disclosure council. It is expected that Council will approve the Bond Sale Resolution at the November 5, 2010 Council meeting. 2. If appropriate savings do not appear to be feasible, all work will stop and the refunding will not proceed. However, once all documents have been approved, the markets can continue to be accessed and the bonds can be refunded if and when the market is favorable. Staff will consider less than a 5% present value savings, depending on the dollar amount of the savings. 3. If appropriate savings do not materialize, once the City begins working with the three rating agencies, costs of approximately $60,000 will be incurred. Other costs will not occur unless the bonds are refunded. 4. Proceed with a negotiated sale (rather than competitive) as permitted by the policy due to market conditions and the fact that this is a refunding bond. 5. Use the same underwriting team of Wachovia Bank National Association (now Wells Fargo Securities), RBC Capital Markets Corporation, Fifth Third Securities, Inc, and Merrill Lynch, Pierce Fenner & Smith Incorporated, as was used for the 2009 Water and Sewer Bond issue. These underwriters were selected via an Request for Proposal (RFP) process and staff was very satisfied with the results of that negotiated sale. Review Approval: 1) Financial Services 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 2 Debt Management Policy This policy is to establish criterion and procedures for the issuance of debt financing by the City. This Debt Policy confirms the commitment of the City Council, management, staff, advisors and other decision makers to adhere to sound financial management practices, including full and timely repayment of all borrowings, and achieving the lowest possible cost of capital within prudent risk parameters. The City shall employ the use of debt to compliment the significant recurring commitments of annual appropriations for capital purposes in a way that is fair, reasonable, and equitable to each generation of taxpayers, ratepayers, users and other beneficiaries. General: A. The City shall seek to maintain their high bond ratings so borrowing costs are minimized and access to credit is preserved. B. The City may utilize debt obligations to refinance current debt or for acquisition, construction or remodeling of capital Improvement projects that cannot be funded from current revenue sources or in such cases wherein it is more equitable to the users of the project to finance the project over its useful life. C. The useful life of the asset or project generally must exceed the payout schedule of any debt the City assumes. D. The City will analyze funding alternatives to minimize the cost impact of debt structures on the taxpayers or ratepayers. E. The outstanding debt will be reexamined periodically to determine whether an economical advantage exits for refinancing the outstanding debt given changes in the interest rate and bond market. As a general rule, the present value savings of a particular refunding should exceed 5% while maintaining a similar maturity schedule to the original debt. 2. Type and Structure of Debt: A. Any legally allowable debt may be used for financing capital improvements; this includes, but is not limited to, short-term and long term debt, general obligation and revenue debt, fixed and variable rate debt, lease-backed debt, conduit issues, and taxable debt. The use of zero coupon bonds, capital appreciation bonds, deep discount bonds, and premium bonds may be considered. B. The City may consider the use of credit enhancements (letters of credit, bond insurance, surety bonds, etc) when such credit enhancements proves cost- effective. C. When fiscally advisable and when consistent with contractual obligations, the City shall lease purchase capital equipment. Generally, equipment will have a monetary value $25,000 or more and a minimum life expectancy of three years. The debt service on the lease purchase items shall be paid by the user department. Item # 16 Attachment number 1 Page 2 of 2 3. Issuance of Obligations A. Selecting Service Providers: 1) The City may retain an independent financial advisor for advice on debt structuring, the rating review process, marketing debt issuances, sale and post-sale services and to prepare and/or review the official statement. 2) The City may also retain independent bond counsel and disclosure counsel for legal and procedural advice on all debt issuances. 3) As necessary, the City may retain other service advisors, such as trustees, underwriters, and pricing advisors. 4) Any process utilized to select professional service providers in connection with the City's debt program shall be in conformance with City purchasing policies, procedures and requirements. The objectives of the process will be to: a) Promote competition b) Be as objective as possible c) Incorporate clear and rational selection criteria d) Be independent of political influence e) Be perceived as fair by the respondents f) Result in a cost-effective transaction g) Result in the selection of the most qualified firm h) Eliminate conflict of interest B. Method of Sale 1) Competitive Sale. The City will generally seek to issue its bond obligations in a competitive sale. Other methods may be used if it is determined that such a sale method will not produce the best results for the City. 2) Negotiated Sale. The City may elect to sell its bond obligations through a negotiated sale. This method will usually be considered when the bond issue is refunding a prior issue or there is a unique or unusual component to the bond issue. 3) Private Placement. When determined appropriate, the City may elect to sell its debt obligations through a private placement or limited public offering. C. Maturity of the debt 1) Bonds will generally not have more than a thirty-year duration. 2) Lease Purchase debt will generally not have more than a five year duration. Item # 16 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the waiving of the City's rights to issue Recovery Zone Economic Development Bonds and Recover Zone Facility Bonds and authorize the appropriate officials to execute same. (consent) SUMMARY: The American Recovery and Reinvestment Act (ARRA) passed by Congress in February 2009 created two new bond programs: Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (descriptions of the bonds at the end of this agenda item). The City of Clearwater received allocations for the ability to issue such bonds in the amounts of $2,697,000 and $4,045,000, respectively. The City has reviewed this program to determine if it fits into capital and financial plans, as well as, worked with Pinellas County to see if teh City could partner to use these allocations. No suitable project has been found for these bonds. The authority to issue these Recovery Zone Bonds expires on December 31, 2010. In an effort to maximize the allocation that has been made to the State of Florida, a process for waiving the City's unused allocations has been developed. This will provide other local governments that have qualified projects an opportunity to use Recovery Zone Bonds, in addition to promoting job growth and stimulus for the State. This information will be provided to the Governor's Office of Tourism, Trade and Economic Development who will develop an application process for cities that did not receive an allocation to be able to receive unused allocations that have been waived. Recovery Zone Bonds A category of Build America Bonds (BABs) for public infrastructure and facilities in "recovery zones" Recovery zones are designated by the issuer as: Any area with significant poverty, unemployment, or home foreclosure rates, any area currently designated as an Empowerment Zone or Renewal Community, and any area designated as economically distressed by reason of closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990 Eligible issuers include the State and local governments and certain "on-behalf-of' issuers BABs may be issued as tax credit bond or a "Direct Payment" taxable bond Benefit to issuer of a Recovery Zone Economic Development Bond is a 45% interest subsidy 100% of proceeds (net of debt service reserve and 2% cost of issuance cap) must be used for qualified economic development purpose Qualified economic development purposes include promoting development or other economic activity in a recovery zone: Proceeds can NOT be used for private activity US allocation of $10 billion allocated among the States in proportion to their relative 2008 job losses Suballocations to counties and large municipalities within a State made on the basis of relative job losses Cover Memo Locality may waive its allocation for further allocation within the State Item # 17 Counties may allocate portion of their allocation to cities within the county or, in most cases, to development authorities within the county Must be issued by December 31, 2010 Recovery Zone Facility Bonds A new category of tax-exempt private activity bonds for financing economic development in "recovery zones" Proceeds can be used to finance depreciable property used in a trade or business in a Recovery Zone that: Eligible issuers include those entities currently eligible under state law to issue private activity bonds. US allocation of $15 billion allocated among the States in proportion to their relative 2008 job losses. Suballocations to counties and large municipalities within a State made on the basis of relative job losses. Locality may waive its allocation for further allocation within the State. Must be issued by December 31, 2010. 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 # 17 Attachment number 1 Page 1 of 2 State of Florida Waiver of Allocation for Recovery Zone Bonds Date: 9/22/2010 City or County: City of Clearwater Address 110 South Osceola Avenue, Clearwater, Florida 33758 Contact Name: Telephone: 727-562-4538 Fax: 727-562-4535 Email margie.simmonskmyclearwater.com Name of Chief Elected Official Frank V. Hibbard Name of Authorized Representative (if Applicable): Recovery Zone Economic Development Bonds Original Allocation $ 2,697,000 Bonds Issued to Date: $ -0- Amount Previously Waived: $ -0- Amount Waived on this Form Date: $ 2,697,000 Remaining Allocation: $ -0- Recovery Zone Facility Bonds Original Allocation Bonds Issued to Date: Amount Previously Waived: Amount Waived on this Form Date Remaining Allocation: $ 4,045,000 $ -0- $ -0- $ 4,045,000 $ -0- I hereby certify that the city of Clearwater, Florida, has waived all or a portion of it recovery zone economic development bond allocation or recovery zone facility bond allocation, as specified above. Chief Elected Official or Authorized Representative Printed Name and Title: Frank V. Hibbard, Mayor Signature Please return form to: Jeannie Garner Director of Insurance and Financial Services Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32301 Simmons Date Item # 17 Attachment number 1 Page 2 of 2 Fax: 850.222.3806 Phone: 850.222.9684 jgarner(a flcities.com Item # 17 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the first renewal of the contract (Purchase Order) with Mastec North America, Inc. for the period October 1, 2010 to September 30, 2011, for the installation of Gas Mains and Service Lines in the amount of $940,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: Mastec North America, Inc., 7221 East Martin Luther King Blvd, Tampa, FL is one (1) of two (2) contractors who install gas mains and service lines for Clearwater Gas System (CGS) to meet residential, commercial and industrial customer requirements. Mastec was the lowest bidder on bid 26-09 Installation of Gas Mains and Service Lines at Various Locations with an actual bid amount of $944,350. This will be the first rollover/renewal of bid 26-09. Mastec has agreed in writing to hold current pricing on the estimated quantities for gas mains and service lines for the period October 1, 2010 to September 30, 2011, and has provided a Performance Bond and Proof of Insurance. Funds are available in CIP 315-96377, Pinellas New Mains and Service Lines, to support these requirements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $940,000 Not to Exceed: $940,000 For Fiscal Year: 10/1/2010 to 9/30/2011 Budget Adjustment: None Annual Operating Cost: $940,000 Total Cost: $940,000 Appropriation Code 315-96377 Amount Appropriation Comment $940,000 Pinellas New Mains and Service Lines Bid Required?: Yes Bid Number: 26-09 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 18 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for the period October 1, 2010 through September 30, 2012 and authorize the appropriate officials to execute same.(consent) SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Supervisors bargaining unit is in effect until September 30, 2012. In conjunction with Article 9, Section 1, E. of the Agreement, which states in part that the Section "may be re-opened upon the written request of either party no sooner than 90 days prior to September 30, 2010 for the purpose of negotiating rates of pay and/or adjustments to pay range minimums and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2010 through September 30, 2011," the City requested that the Union voluntarily agree to re-open other provisions of Article 9 in addition to Section 1 of the Agreement in order to negotiate possible cost saving measures that could help to alleviate the City's current budget shortfall. The Fraternal Order of Police Supervisors agreed to this re-opener through a Memorandum of Understanding with the City stipulating that should the parties not be able to reach a mutual agreement on any issues negotiated through the re-opener, the negotiations would cease and neither the City nor the Union would have the right to declare an impasse.On August 19, 2010, the parties reached a Tentative Agreement that was subsequently submitted by the Union to its members who ratified the agreement by a vote of 33 to 10 on August 28, 2010. The Agreement provides that pay range minimums and maximums for classifications represented by the bargaining unit will not be adjusted, and that employees will not be provided with an across-the-board general wage adjustment, for the period from October 1, 2010 through September 30, 2011. The Agreement also provides that each bargaining unit member shall be subject to one, eight-hour unpaid furlough day during the period from October 1, 2010 through September 30, 2011, and one, eight-hour unpaid furlough day during the period from October 1, 2011 through September 30, 2012, with such days to be scheduled at the discretion of the Police Department. The furlough days for this bargaining unit will result in a savings of approximately $14,400 in each fiscal year. The Agreement also provides that for the period from October 1, 2010 through September 30, 2012, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Supervisors bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. 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 3 ADDENDUM to the AGREEMENT between CITY OF CLEARWATER and FRATERNAL ORDER OF POLICE CLEARWATER SUPERVISORS BARGAINING UNIT The City and Union hereby agree that the approved collective bargaining agreement betvwen the parties effective for the period from October 1, 2009 through September 30, 2012 shall be modified in accordance with the following. Article 9, Section 1 of the approved Agreement shall be deleted in its entirety and the following language substituted for the duration of the Agreement, unless subsequently modified by the parties through collective bargain prior to the expiration date of the Agreement. Section 1. Wages A. The Pay Schedules shall be in accordance with Appwadix A. B. Rules for Administering the Pay Schedule Employees in the bargaining unit shall be eligible for perforn-once review on their promotional anniversary date on an annual basis and considered for subsequent merit step advancement based on satisfactory evaluations, except as provided elsewhere in the provisions of this Section Employees in the top step in their respective range shall not be eligible for merit increases, however, an annual perforn-once evaluation shall be conducted on the employee's promotional anniversary date. E ligibility for review for within pay schedule increases shall be as follows: Police Sergeants Step 1- Original appointment Step 2 - At the end of one year of satisfactory service in step I. Step 3 - At the end of one year of satisfactory service in step 2. Step 4 - At the end of one year of satisfactory service in step 3. Step 5 - At the end of one year of satisfactory service in step 4. Step 6 - At the end of one year of satisfactory service in step 5. Step 7 - At the end of one year of satisfactory service in step 6. Step 8 - At the end of one year of satisfactory service in step 7. Item # 19 Attachment number 1 Page 2 of 3 Police Lieutenants Step 1- Original appointment Step 2 - At the end of one year of satisf actory service in step 1. Step 3 - At the end of one year of satisf actory service in step 2. Step 4 - At the end of one year of satisf actory service in step 3. Step 5 - At the end of one year of satisf actory service in step 4. Step 6 - At the end of one year of satisf actory service in step 5. Step 7 - At the end of one year of satisf actory service in step 6. C. Responsibility for Performance Evaluations Performance evaluations shall be based on a review of the employee's job performance and adherence to departmental rules, regulations and procedures. Performance evaluations will be by the employee's immediate supervisor and revieiA? by Police Department senior management personnel and the office of the Police Chief. D. Denial of Merit Step Advancement and Effect Upon Advancement E mployees who receive an evaluation on their promotional anniversary date of less than Satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement on that date. The effective date of this increase shall be utilized for the purpose of determining subsequent annual merit review dates. If the three-month follow= up rating is still less than satisfactory, the employee shall be reevaluated in another three months. If then rated satisfactory, the employee shall be provided a merit step advancement as of the second three-month follow=up review The effective date of this increase shall be utilized in the future as them promotional anniversary date for the purpose of determining subsequent annual merit review dates. If still rated less than satisfactory, no merit step advancement shall be made and the employee will be evaluated on his/her regular promotional anniversary date. E. The City and Union agree that pay range minimums and maximums for all classifications represented by the bargaining unit will not be adjusted, and that employees will not be provided with an across-the-board general wage adjustment for the period from October 1, 2010 through September 30, 2011. The parties further agree that each bargaining unit member shall be subject to one 8-hour furlough day without pay during the period from October 1, 2010 through September 30, 2011, and shall be subject to one additional 8-hour furlough day without pay during the period from October 1, 2011 through September 30, 2012, such days to be scheduled at the discretion of the Police Department. The City agrees that for the period from October 1, 2010 through September 30, 2012, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Supervisor's bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. Item # 19 Attachment number 1 Page 3 of 3 The parties further agree this Section maybe re-opened upon the written request of either party no sooner than 90 days prior to September 30, 2011 for the purpose of negotiating rates of pay and/or adjustments to pay range minimum and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2011 through September 30, 2012. The parties agree the amount of the general wage increase and/or adjustments to the pay ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the change, if any. The provisions of the pay schedule of steps described in Section 1, B. of this Article shall not be subject to the reopener. This Addendum to the Agreement was negotiated in good faith through collective bargaining by the City and the Union and is final and binding as part of this Agreement. This Addendum to the Agreement shall be effective as of the start of the payroll period that includes October 1, 2010, and shall continue in full force and effect until the thirtieth day of September, 2012. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2010. ATTEST: Rosemarie Call, City Clerk Approved as to form and correctness: Pamela K. Akin, City Attorney WITNESSES: By By CITY OF CLEARWATER, FLORIDA William B. Horne II, City Manager Countersigned Frank Hibbard, Mayor FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT Officer Jonathan Walser, President Clearwater Officers Bargaining Unit Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police Item # 19 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Officers for the period from October 1, 2010 through September 30, 2012 and authorize the appropriate officials to execute same.(consent) SUMMARY: The most recent collective bargaining agreement between the City of Clearwater and the Fraternal Order of Police Officers bargaining unit is in effect until September 30, 2012. In conjunction with Article 9, Section 1, B. of the Agreement, which states in part that the Section "may be re-opened upon the written request of either party no sooner than 90 days prior to September 30, 2010 for the purpose of negotiating rates of pay and/or adjustments to pay range minimums and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2010 through September 30, 2011," the City requested that the Union voluntarily agree to re-open other provisions of Article 9 in addition to Section 1 of the Agreement in order to negotiate possible cost saving measures that could help to alleviate the City's current budget shortfall. The Fraternal Order of Police Officers agreed to this re-opener through a Memorandum of Understanding with the City stipulating that should the parties not be able to reach a mutual agreement on any issues negotiated through the re-opener, the negotiations would cease and neither the City nor the Union would have the right to declare an impasse.On August 19, 2010, the parties reached a Tentative Agreement that was subsequently submitted by the Union to its members who ratified the agreement by a vote of 87 to 12 on September 2, 2010. The Agreement provides that pay range minimums and maximums for classifications represented by the bargaining unit will not be adjusted, and that employees will not be provided with an across-the-board general wage adjustment, for the period from October 1, 2010 through September 30, 2011. The Agreement also provides that each bargaining unit member shall be subject to one, eight-hour unpaid furlough day during the period from October 1, 2010 through September 30, 2011, and one, eight-hour unpaid furlough day during the period from October 1, 2011 through September 30, 2012, with such days to be scheduled at the discretion of the Police Department. The furlough days for this bargaining unit will result in a savings of approximately $48.735 in each fiscal year. The Agreement also provides that for the period from October 1, 2010 through September 30, 2012, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Officers bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result in the supplanting or displacing of any bargaining unit member by an outside source. 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 4 ADDENDUM to the AGREEMENT between CITY OF CLEARWATER and FRATERNAL ORDER OF POLICE CLEARWATER OFFICERS BARGAINING UNIT The City and Union hereby agree that the approved collective bargaining agreement betvwen the parties effective for the period from October 1, 2009 through September 30, 2012 shall be modified in accordance with the following. Article 9, Section 1 of the approved Agreement shall be deleted in its entirety and the following language substituted for the duration of the Agreement, unless subsequently modified by the parties through collective bargain prior to the expiration date of the Agreement. Section 1. Wages A. The Pay Schedules shall be in accordance with Appendix A. Pay schedule increases are not automatic but are management review rates and may be granted only upon receiving a rating of satisfactory or better on the annual perfornonce review Eligibility for review for within pay schedule increases shall be as follows: Police Officers Step 1- Original appointment Step 2 - At the end of one year of satisf actory service in step 1. Step 3 - At the end of one year of satisf actory service in step 2. Step 4 - At the end of one year of satisf actory service in step 3. Step 5 - At the end of one year of satisf actory service in step 4. Step 6 - At the end of one year of satisf actory service in step 5. Step 7 - At the end of one year of satisf actory service in step 6. Step 8 - At the end of one year of satisf actory service in step 7. Step 9 - At the end of one year of satisf actory service in step 8. Step 10 - At the end of one year of satisfactory service in step 9. Step 11 - At the end of one year of satisfactory service in step 10. Step 12 - At the end of one year of satisfactory service in step 11. Item # 20 Attachment number 1 Page 2 of 4 Police Service Technicians and Police Service Technician Supervisors Step 1- Original appointment Step 2 - At the end of one year of satisf actory service in step 1. Step 3 - At the end of one year of satisf actory service in step 2. Step 4 - At the end of one year of satisf actory service in step 3. Step 5 - At the end of one year of satisf actory service in step 4. Step 6 - At the end of one year of satisf actory service in step 5. Step 7 - At the end of twD years of satisfactory service in step 6. Step 8 - At the end of twD years of satisfactory service in step 7. Step 9 - At the end of twD years of satisfactory service in step 8. Step 10 - At the end of twD years of satisfactory service in step 9. Step 11- At the end of twD years of satisfactory service in step 10. Step 12 - At the end of twD years of satisfactory service in step 11. Step pay increases shall provide for approximately a 5% increase over the preceding step for each step advancement from Step 1 through Step 6 and approximately a 2 1/2% increase for each step advancement from Step 7 through Step 12. Employees who receive an evaluation rating of less than satisfactory shall not be granted a merit step advancement on their promotional anniversary date. Such employees may be reevaluated after three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the three month follov,,-up review Such effective date shall be thereafter utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the three month follov,,-up rating is still less than satisfactory, the employee shall be reevaluated m another three months, and if then rated satisfactory shall be granted a merit step advancement as of the date of the second three-month follov,,-up review. Such effective date shall thereafter be utilized for the purpose of determining eligibility for subsequent annual merit reviews. If the second three month follov,,-up review rating is still less than satisfactory, no merit step advancement shall be granted and the employee shall be evaluated again on his/her prior merit review date. B. The City and Union agree that pay range minimums and maximums for all classifications represented by the bargaining unit will not be adjusted, and that employees will not be provided with an across-the-board general wage adjustment for the period from October 1, 2010 through September 30, 2011. The parties further agree that each bargaining unit member shall be subject to one 8-hour furlough day without pay during the period from October 1, 2010 through September 30, 2011, and shall be subject to one additional 8-hour furlough day without pay during the period from October 1, 2011 through September 30, 2012, such days to be scheduled at the discretion of the Police Department. The City agrees that for the period from October 1, 2010 through September 30, 2012, the City shall not contract with another entity to supplant or displace any budgeted positions currently represented by the Fraternal Order of Police Clearwater Officer's bargaining unit. This agreement does not preclude the City from pursuing cost savings or operational consolidations, including the reduction of budgeted positions, that do not result m the supplanting or displacing of any bargaining unit member by an outside source. Item # 20 Attachment number 1 Page 3 of 4 The parties further agree this Section maybe re-opened upon the written request of either party no sooner than 90 days prior to September 30, 2011 for the purpose of negotiating rates of pay and/or adj ustments to pay range mini mums and maximums for any bargaining unit members or represented job classifications for the period from October 1, 2011 through September 30, 2012. The parties agree the amount of the general wage increase and/or adjustments to pay ranges shall not constitute a reduction in rates of pay or pay ranges in effect at the time of the change, if any. The provisions of the pay schedule of steps described in Section 1, A. of this Article shall not be subject to the re-opener. C. Lateral Entryfor NewHire Police Officers: Newly hired Police Officers shall be permitted to enter the established pay range at a step or more than one step above the first step based on acceptable experience as a Police Officer at another agency deemed creditable by the Department. Such Officers shall be advanced upon hire one step in the established pay range for each two ears of verifiable experience at a prior agency up to a maximum lateral entry of step three. Such Officers shall remain fixed at the lateral entry step until such time has passed as is prescribed for advancing from step one to the lateral entry step number in accordance with the schedule established in paragraph A of this Section, and shall thereafter continue to be advanced through the steps in accordance with said schedule. For example, an Officer with six years of creditable, verifiable experience at a prior agency would be permitted to enter the established pay range at step three. Such Officer AuLdd remain fixed at step three for three years, and would then progress though the range thereafter in accordance with the established schedule. All lateral entry Officers wDUld continue to be eligible to receive negotiated general wage increases while fixed in step. This Addendum to the Agreement was negotiated in good faith through collective bargaining by the City and the Union and is final and binding as part of this Agreement. This Addendum to the Agreement shall be effective as of the start of the payroll period that includes October 1, 2010, and shall continue in full force and effect until the thirtieth day of September, 2012. Item # 20 Attachment number 1 Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this day of , A.D., 2010. ATTEST: Rosemarie Call, City Clerk Approved as to form and correctness: Pamela K. Akin, City Attorney WITNESSES: By By CITY OF CLEARWATER, FLORIDA William B. Horne II, City Manager Countersigned Frank Hibbard, MayDr FLORIDA STATE LODGE OF THE FRATERNAL ORDER OF POLICE OFFICERS BARGAINING UNIT Officer Jonathan Walser, President Clearwater Officers Bargaining Unit Paul J. Noeske, Staff Representative Florida State Lodge, Fraternal Order of Police Item # 20 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long distance overflow service, State AIN Centranet lines, and toll free lines during the period of October 1, 2010 to September 30, 2011, at a cost not to exceed $103,530 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and authorize the appropriate officials to execute same. (consent) SUMMARY: The total Department of Management Services purchase order of $103,530 is broken out as follows: Toll Free number into the network, $60; Centranet lines (462 numbers) for the outlying individual sites, $102,620; and Domestic overflow long distance calls through Suncom, $850. This Purchase Order amount is a reduction of $39,620 from a year ago. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $103,530.00 10/01/2010 to 09/30/2011 Budget Adjustment: Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment 0555-09865-542100-519- $103,530.00 000-0000 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 21 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Oracle America Inc., Redwood Shores, California for the period October 1, 2010 through September 30, 2011 for database maintenance at a cost not to exceed $194,320 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, sole source and authorize the appropriate officials to execute same (consent). SUMMARY: This is an annual contract for Peoplesoft (payroll system) at $99,200; Oracle (database licensing) at $26,120 and Oracle WAM maintenance (asset management system) at $69,000. This Purchase Order represents a $5,320 (2.8%) increase from a year ago. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: $194,320.00 Total Cost: 10/1/2010 to 9/30/2011 Appropriation Code Amount Appropriation Comment 0555-09864-546200-519- $194,320.00 000-0000 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 # 22 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Sprint/Nextel, Los Angeles, California for cellular/radio, Treo and Blackberry services for the period November 1, 2010 through October 31, 2011 in an amount not to exceed $308,100 in accordance with Sec. 2.564(1)(d), Code of Ordinances, under State Contract 1523 and authorize the appropriate officials to execute same. (consent) SUMMARY: This is a renewal of service for the City's cell phones, radio's, Treo's and Blackberry's ($164,100), and also incorporates all of the wireless cards for the Police Department's patrol vehicles previously supplied by Alltel ($144,000). This Purchase Order represents an increase of $22,100 (7.7%) from the previous year. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0555-09865-542100-519- 000-0000 0010-01145-542100-521- 000-0000 0555-09862-530300-519- 000-0000 308,100.00 11/1/2010 to 10/31/2011 Amount $148,100.00 $110,000.00 $50,000.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None Review 1) Office of Management and Budget 2) Information Technology 3) Office of Management and Budget 4) Information Approval: Technology 5) Office of Management and Budget 6) Information Technology 7) Office of Management and Budget 8) Legal 9) Clerk 10) Purchasing 11) Clerk 12) Assistant City Manager 13) Clerk 14) City Manager 15) Clerk Cover Memo Item # 23 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone service including frame relay service, TI's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period October 1, 2010 to September 30, 2011, at a cost not to exceed $312,800, in accordance with Sec. 2.564 (1)(e), Code of Ordinances, impractical to bid and authorize the appropriate officials to execute same (consent). SUMMARY: The total Verizon Purchase Order is $312,800, broken down as follows: Frame relay, Point to Point, T1's, and radio circuits for the network, $251,800; backup trunks for the PBX network in case the Tl's fail, $11,000; DSL/High bandwidth service for Parks and Recreation, Fire, Engineering and Solid Waste transfer station, and VADI circuit, $50,000. This Purchase Order represents a reduction of $59,370 from last year. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $312,800.00 10/1/2010 to 9/30/2011 Budget Adjustment: Annual Operating Cost: Total Cost: None Appropriation Code Amount Appropriation Comment 0555-09865-542100-519- $262,800.00 000-0000 0555-09862-530300-519- $50,000.00 000-0000 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 # 24 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve blanket purchase order contract with Grosz Stamper Inc. of Tampa, FL, in the amount of $200,000 for the purchase of labor, materials and equipment to perform various concrete projects including sidewalks, slabs, and curbs for a variety of parks and recreation maintenance and construction projects and authorize the appropriate officials to execute same.(consent) SUMMARY: Staff is requesting a blanket purchase order be awarded to Grosz Stamper Inc. of Tampa, FL, who was the lowest most responsive bidder (Bid 24-10) for concrete sidewalks and flatwork. The City is not obligated to use any or all of the amount being requested. With over 100 parks in the City there is a steady supply of minor work projects needed to repair sidewalks and bike paths in parks, construct and repair bleacher pads, dugouts and flatwork at ballfields and parks. It is difficult and time consuming to get quotes and/or bids for each small project and we find that we get better pricing by going with larger contractsBPO's. Any large construction project that exceeds the $100,000 limit will be bid out separately according to current City policy and brought before the Council for approval. Funding for this BPO will come from a variety of operating and Capital Improvement codes in the Parks and Recreation Department. 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J LL J V o0 V F r d' ? w CO vM vM vM vM 2 ¢ H W= o00 Z w U In N N U ? z 7 »»» r y 000 000 W' F N O W J LL W H W d' U Z O U 2 z F W J O F a 00 w x w D W H 0 w - W z m ? J ¢0 U ?iiii> J J O M W 0 O U¢ 0 J U N W O M LL CO 2 0 0 0 C-4 LO W O < } } w Q F a U m l rn O 0000 O O 0000 O W O N V I- ER1 VR VR VMCM I iv> O O O O O 0 OD OD LO 0 00 V V V O N Q 2 ? 00 M 7 M z d 2 04 w w a? D? 0. O a= w W zw 0 0 J Ci w 00(0 05 )- rw > D O m Moi°n¢ 04 W N In EA O O O 999 O O 0 000 0 of In O O 0 In 10 ¢ O M 00 (0 U) G? M LO N N W ¢ W Z ? M F U W O a 2 U Q w O LL z N M O W W W fn Q a a a ¢ .i r w w a O O O D Z O w LL LL LL M W D w z O 000 Q rn a C7 rn n O 0 N N ? Z o3 O fA O W 0 N O ? N 7 CO M of w W a U E U W Lo 2 CU of w m > o >, ¢ E (D°o0 0 V W N Z Fn 0 0 w 0 LL LLJ LLj a_ O~>(0 r U W O LU 2 O W m ern rnd Item # 25 N N CU Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 22.24 of the City of Clearwater Code of Ordinances to include reference to Appendix A, Schedule of Fees, Rates and Charges, correcting minor scriveners' error in subsection numbering and amending Appendix A to define permanent residence and pass Ordinance 8214-20 on first reading. SUMMARY: Section 22.24 of the City of Clearwater Code of Ordinances regulating beaches, park property and the Courtney Campbell Recreation Area has been included in Appendix A, "Schedule of Fees, Rates and Charges" however; reference to where to locate these fees were omitted from the Code. Ordinance 8214-10 adds clarification so that persons may clearly locate Appendix A. The following sentence has been added to Section 22.24; "See Appendix A for Schedule of Fees, Rates and Charges for the use of Parks and Recreation facilities." In addition, this Ordinance corrects minor scrivener's errors in the subsection numbering of Section 22.24. Last, is the request to amend Appendix A to define "permanent residence" for purposes of the application of fees. From time to time, we have persons requesting residential status and use of recreational facility as residents of Clearwater who in fact are not. This amendment will clearly define who is and who is not a resident of Clearwater as it relates to the application of fees. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 7 ORDINANCE NO. 8214-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION; SECTION 22.24, AUTHORITY TO REGULATE BEACHES, PARK PROPERTY, AND THE COURTNEY CAMPBELL RECREATION AREA TO INCLUDE REFERENCE TO APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES; CORRECTING MINOR SCRIVNERS' ERROR IN CHAPTER 22 SUBSECTION NUMBERING; AMENDING APPENDIX A TO DEFINE PERMANENT RESIDENCE FOR PURPOSES OF THE APPLICATION OF FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which City park property is to be used and enjoyed by the public, including the setting of fees, rates and charges; and WHEREAS, in accordance with such authority, said fees, rates and charges are provided for in Appendix A of the Code of Ordinances and are hereby cross-referenced, where applicable, in Chapter 22; and WHEREAS, Appendix A establishes the class of city residents, including one occupying a "permanent residence" for purposes of applying resident and non-resident fees; and WHEREAS, the definition of "permanent residence" is hereby clarified for such purposes; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* Article II. Use Regulations* Ordinance 464 (26 Attachment number 1 Page 2 of 7 Sec. 22.24. Authority to regulate beaches, park property, and the Courtney Campbell Recreation Area. (1) The city manager is empowered in the exercise of the city manager's discretion to regulate the time, place and manner in which the public beaches, park property of the city, and the Courtney Campbell Recreation Area, or any portion thereof, are to be used and enjoyed by the public and to authorize the posting of signs regulating public use. In so doing, the city manager is to give due regard to the safety facilities available thereat, the preservation of public property, the number of persons who can be safely protected and safeguarded at the particular location, and the health and welfare of the public using and wishing to use such facilities. The directions of the city manager given pursuant to the authority contained in this section are declared to have the effect of law and shall be enforced by the police officers of the city. See Appendix A for Schedule of Fees, Rates and Charges for the use of Parks and Recreation facilities. (2) The hours of operation for each city park, as may be amended from time to time, are as follows: TABLE INSET: NO. SITE NAME 1. CLOSED FROM SUNSET UNTIL SUNRISE- 1 ALLEN'S CREEK PARK 2 ALLIGATOR LAKE 3 BAY PARK ON SAND KEY 4 MYRON A. SMITH BAYVIEW PARK 5 CEDAR GROVES 6 CHARLES PARK 7 CHARTER OAKS 8 LAKE CHAUTAUQUA PARK 9 CHAUTAUQUA PARK NORTH (Enterprise Rd.) 10 CHAUTAUQUA PARK SOUTH 11 CHERRY HARRIS PARK 12 CLIFF STEPHENS PARK 13 COOPERS BAYOU PARK 14 COUNTRY HOLLOW PARK 15 CYPRESS BEND PARK 16 CYPRESS POINT PARK Ordinance 464 (26 Attachment number 1 Page 3 of 7 17 D.D. DAVIS PARK 18 DREW PLAZA 19 GARDEN AVENUE PARK 20 GLEN OAKS PARK 21 GLENWOOD PARK 22 HARDING PLAZA 23 HIBISCUS LAKE 24 HILLCREST PARK 25 LAKE HOBART SOUTH 26 LAKE LUCILLE 27 MANDALAY PARK 28 NO. GREENWOOD REC/AQUATIC COMPLEX PLAYGROUND 29 NORTHEAST COACHMAN PARK 30 NORTHWOOD PARK 31 OVERBROOK PARK 32 SALLS LAKE 1 & 2 33 SOULE ROAD PARK 34 SPRING LAKE PARK 35 STATE STREET PARK 36 STATION SQUARE PARK 37 SUNSET POINT ROAD PLAYFIELD 38 TERRACE LAKE 39 TOWN PLACE PARK 2. CLOSED FROM 9:00 PM UNTIL 6:00 AM: 40 COACHMAN PARK 41 COURTNEY CAMPBELL RECREATION AREA 42 COUNTRYSIDE LIBRARY PLAYGROUND 43 MAGNOLIA STREET DOCK 44 MEMORIAL PARKS 1 & 2 45 MORNINGSIDE RECREATION COMPLEX Ordinance 464 (26 Attachment number 1 Page 4 of 7 46 NO. GREENWOOD REC. & AQUATIC COMPLEX 47 PROSPECT LAKE PARK 48 ROSS NORTON COMPLEX & ED WRIGHT PARK 49 TURNER STREET DOCK 50 WOOD VALLEY RECREATION CENTER 3. CLOSED FROM 10:00 PM UNTIL 6:00 AM: 51 BAYFRONT TENNIS COMPLEX 52 BELMONT PARK 53 CLW. BEACH FAMILY AQUATIC & REC. CMPLX. 54 COACHMAN RIDGE PARK 55 COUNTRYSIDE COMMUNITY PARK 56 DEL ORO PARK (Trail: Sunrise to Sunset) 57 FRANK TACK PARK 58 MARYMONT PARK 59 MONTCLAIR PARK 60 PLAZA PARK 61 SID LICKTON PARK & FRED COURNOYER CT. 62 SUNSET SAM PARK AT ISLAND ESTATES 63 U.S. 19 SOCCER PRACTICE FIELDS 64 VALENCIA PARK 4. CLOSED FROM 11:00 PM UNTIL 6:00 AM: 65 CREST LAKE PARK 66 EDGEWATER DRIVE PARK 67 FOREST RUN PARK 68 JOE DIMAGGIO COMPLEX 69 LONG CENTER 70 McKAY PLAYFIELD 71 PIER 60 PARK 72 WOODGATE PARK 15. OPEN 24 HOURS PER DAY: Ordinance 46MA(26 Attachment number 1 Page 5 of 7 73 CLEARWATER BEACH 74 MEMORIAL CAUSEWAY 75 SAND KEY BAYSIDE PARK 76 SEMINOLE DOCKS 6. OPEN FOR SCHEDULED PROGRAMMING ONLY: 77 CARPENTER FIELD 78 COOPERS POINT NATURE PARK 79 COUNTRYSIDE SPORTS COMPLEX 80 DAVID MARTIN SOCCER FIELDS 81 E. C. MOORE COMPLEX (1-9) 82 HENRY L. MCMULLEN TENNIS COMPLEX 83 LAWN BOWLS & SHUFFLEBOARD COMPLEX 84 MISSOURI AVE. (DOT) 85 MOCCASIN LAKE NATURE PARK 86 PHILLIP JONES PARK CITY OWNED PROPERTIES- LEASED TO OTHERS (Hours of operation established by Lessee): 87 BRIGHTHOUSE NETWORK FIELD 88 CHI-CHI RODRIGUEZ GOLF COURSE 89 CLEARWATER COUNTRY CLUB 90 CLEARWATER EXECUTIVE GOLF COURSE 91 HARBORVIEW CENTER 92 HOLT AVE. PROPERTY 93 JACK RUSSELL STADIUM 94 KINGS HIGHWAY RECREATION CENTER 95 MARTIN LUTHER KING RECREATION CENTER 96 PERFORMING ART CENTER & THEATER (PACT) 97 SAILING CENTER (43) Each city park shall have at least one prominently posted sign that states the hours of operation for that park. Ordinance 464 (26 Attachment number 1 Page 6 of 7 (24) No person shall enter or remain upon park property at any time during which the park is closed except by permit issued by the department or unless permission has been given by the department or city manager. (35) The City Manager or his or her designee may prohibit a party from parking a vehicle in an area designated for parking or upon any other park property if said party does not remain on the park property and such parking inhibits or prevents others from parking at the park facility in order to use the facility as intended. Section 2. Appendix A of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Appendix A Schedule of Fees, Rates and Charges* Xl. Parks, Beaches, Recreation: (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city,. For purposes of this Section, Permanent Residence shall mean a place where a person has his or her true, fixed, and permanent home and principal establishment which, whenever absent, he or she has the intention of returning. Residence shall mean such permitted uses of the use category "Residential" in the Clearwater Community Development Code, as may be amended from time to time. (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; (d) Persons who are employees of the city, and their family which is hereby defined as: "Husband and wife or legal guardian and their children who live in the same household, who are 18 years of age or under, or less than 23 years of age and a full time college student"; (e) Persons who are retirees of the City of Clearwater; (f) Active Military personnel and their family as defined in (d); Ordinance 464 (26 Attachment number 1 Page 7 of 7 (g) Full Time employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for use of the Long Center facility and programs only; (h) Corporate memberships (for businesses within the incorporated boundaries of the City) where the first ten memberships of the corporation are paid as applicable non-resident fees; the eleventh membership and over are considered resident memberships with applicable resident fees being applied. 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: Laura Lipowski Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ordinance 464 (26 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve acceptance of a Department of Justice, Bureau of Justice Assistance (DOJBJA) Edward Byrne Memorial Justice Assistance Grant in the amount of $87,366 and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 15, 2010, the City Council approved submission of a Clearwater Police Department (CPD) grant application in the amount of $87,366 under the federal Justice Assistance Grant (JAG) program to purchase an in-car digital video camera system and four motorcycle helmets. The grant was officially awarded by the DOJBJA on August 23, 2010. The video cameras will be installed in patrol cars utilized by CPD's Traffic Team and regular Patrol Officers. The cameras will be used for the following: red light enforcement; DUI enforcement; pedestrian/traffic enforcement; and enforcement of Florida's Move Over Law. Grant goals will be to reduce the number of these violations. CPD currently employs four police officers for its Police Motorcycle Unit. Each member of the Motorcycle Unit is required to wear a U.S. Department of Transportation approved motorcycle helmet. The helmets currently in use by the Unit are due for replacement and replacement cost is not budgeted in the Department's budget. CPD will utilize JAG grant funding to purchase new helmets for each of the four members of the Motorcycle Unit. The only cost associated with this grant is for the annual software maintenance fee for the video camera system. The grant will pay the fee in Year 1 of the grant; CPD has funds in its operating budget to pay the amount that will not be covered by the grant in Year 2. The video cameras will replace cameras that were purchased under a previous grant and are no longer functional. Ongoing maintenance expenses have already been included in CPD's operating budget. There are no additional costs associated with this project, such as, additional personnel or cash match. Special Project 181-99257 has been established to account for the grant expenditures. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $87,366.00 For Fiscal Year: 2010 to 2011 Budget Adjustment: Yes Annual Operating Cost: $3,665.00 Total Cost: $87,366.00 Appropriation Code Amount Appropriation Comment 181-99257 $87,366.00 Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 27 Attachment number 1 Page 1 of 5 1).lrtnictit I Ii, rI; , Cliccol 1ws1ICC Vr, tanh S jWreati (of Justice Assistance GI-alit 1'",At;l I 01 -1,;P ?71-1',1`1l:1 ''a1+3LY13.7k-1597 I1 1,111:1, ? 1, 1 fv1 I I, 1 1; 1?13 Ili 1001 Ili 13 #,. At ,1 I i 1 Ai'11da;V. 6,. f V, I I 1 II t PNl)(IR Nf.3. K sC I"WI I ':I 111 1: Inili l 0 IT 1: 1 r4 UN'I O (f ln. 11 1 1,: i 1 rulcca , 11. "1' 1 AaY.ARD 06 I n..+,l)??'?I iIR;??'?.I1 :???1111 ?',lpddi's4Y.ID51J1f.P8?,C'TI0.1S1J£11141`vLb171f6"v"3?3f4C_[?41fAdInJ:'?ti?i?'?RF'`?C?'Ffi3Ri?Tf . I.I. T ,L17I 13. 1.ATi1Td)R)' Aki'TIlv)RI I )' Fi,1Ti (iga ANI ',. 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Tom. 111111 IF 111 u1 11111111, 1:11',:rl:,l I ;[III StCkT'.11111,1 .,1'1 11COJI Iu1;?lli d_.J f? Put :'?.1 ri?1?In?11 In' II ;n?. ti° ,? ,r,; rh-'rati? l' liw'ic- 11 t)]I',1.?.1?InI ?, rl 1, 1,?1:r',I Inn 1u l .. I' .rahl;_ ,I; >olJ t)IF .??1c1 1111.' =4 t I l: [':u 1 ; 1?,? 111, , 1 ;111:11111, t;IJ['tt1 ? u .0:111 .r ;i;??1',, "' I?,r1t1 u;,_iin art 411 ? ;I?,1n.'.rl ct 1fr ula -??i1 .`,11,'1.1,1 11 I I .l+,. fart 2i oct I 111_ ',il?irn'? 11,ra 111 IlrIett -t2 L' C. 3 -1 1'1 1t 111 111 I ? 1 -.I.'I', ,11h a rlilC wlttt fed CraI ll?{,. I'ILL "II,I'Ilt I re Q" In :I 'I I, 1r1.1r Il. I ti 6,11111,.;1i I I"II[11? ' IF rl'11 1 l CIII,I I. . ` 111'I, FI n 1' 11 t1 ;lti,V?9t IILIi11 .: r, iIF 711 hr,? 1 ? 111,11:,, 1 1 „t 11, .111 _ -_1111 1.1111; t) 111 , 1tj .171 r '11011.1 l 1Ul1"',151 11 I1C'dl1t111 ,.l.l ?'L .] 1,111 111 L 1 CI'.Gll 11111C'? `_ ' IF Al I 1..71, J lilt IF llSil„I, LI :11111'?y 111 ,11'.'II , Ir _: .,?? ,111, 1i; 111, 1111 1110-. 1' Li LIII`. 1`1III 1 h G1:I1 r1 ?,, fhC r,'. 11 1.'[11 J_[ - I,V I I:III I1r1 lIll 1:111111111 Ir , d 'ru[11s11..1 1k1?? ? Cti:1c . 11,- ri111 Ii 1 1 1sl l 1 :1 !illy a,1yJ7 1,11 Al I ra h 111t 11PPr,GI I1LJ 8='t. (ir.u??a;?. ,. ..-; a 1,?,rlrl, n .h 111-,'r.y 1 11'c11r, rr(.1= 1L P::11 r,n,'f ,11 11'_ 1 I I 1 .1, PI cra)7rllrwae:?antf 1 pr,,r;1{1.,- 1 ?.?,;rirlr 111.' I,r ti11n I ll::11,:11 I-crLrdl,tlbpwct5, inch, 1111,1 111 ainnmil 1 111,11.1 Ir ual W.,Nww lioaid 11r: '... i1 .1 r, ;, 1 r cllr- :n 1 L ',, c[ :111111.1111{ n rry. 1 . { 1 1 1 1 1 4 1 1 ' I 1 1 w r i l l , I I - [ I I I Il i,illw yui,.111'ot,1,f I 5.t 11 II i,1C',I P R',1r1 ,rh:,' ,li - !'II I „,I1' :?, l 1".111 1 ',.111. ,._lrl, l 1{:U. I. 1 11 11:.,1 1 1' , 11 (1171:11 ; 1111 1 .I ,.., 1 .IIId I,41 'I e,[;ltlt ?tlrn:,1{. 1 , 11,11111 .1. I'lo lcv (`ClAi61,.111 Ill IF , Ill .tSC1:1111:ith r, fair. 1111'' i1 rail ac'rluul - i. 1 1`,I.1,plrt21RI:A` 101 Item # 27 Attachment number 1 Page 4 of 5 i}cpf ii lllr,Yet o Jn5tire OIJT,lf,JusukeY1l AWAIM CONTINUATION Ilttre:rla of°.Insttcc Assistance Grant PRitfR C T N MtOUR !lfIti117,1-BVIV 9? ,yt>. +,Tzt311 tP, r, -..•r.j" % ti lt;. -r.;u ?1?'? 1 i,tK1in :. rill, l:I11% 1 Lllll. '.;111 111 f 1r,11 ?l,ln1 1t1t1['ri1L ',.1-1 k k';11 111 '•, 1tional t YI r, ;: i A 1t 71???s r 11 1 1 r?'I1 :?i?ll?rnl?t it llJJ I fli[ I. 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Irtr?,r 'III II I I I a 11' , r Lr I L.I. yi:Ig the [r;r I nl?. ,I Lnl`iea'rl1 LL, i II'I :,1; r,]1.I a;1 r11 h c:?.! .t; ail inrid:o ,°. rot-n or II 11' '. n 1i1n.1 .1 1?._t ,I1, ,1ru111?1I1 r,Ii[ I I i u? 1 I.:?r r;, 11711', 71l lil:_? h i'lo ?i, r.?r-?l lr'?rt56l, t7r C. inllll.'11ire1:i111'1 1 ;'ri _rul, r_Lt11ou 11i r;tl -;r11],rlLM111 1.;'1rl,1111C ltllor-OoIl- h,, x, ,, 1rr,t111,f1r the i do L7[ i t d 1., 11,i r1, ?. L'1 111 r?r rP . II of I II riilL lil'llI1 1 1L 11 it L'.??r,LS tlot . T7 I 11 1 ' IIIf I ,I Ii?Li:; I i9 .i_ICr; rl t t11 ! I ilh 1lI 111 1: 'b p1 l?rtr,ltiu?it y,f In 'Iire I ?I L IIt:rl .. _..I I II ',tII !1 111 1-. rPll 11111?11f11 11x11 ,'f ?L I1111 r<_'C1 r., ,-1 L. 117 +!r:!]ltCC 9Uft11 F I[11 11 1 L'i-{; '.11 l it 1.? I T II 'I I II I L n;nlu 1 ntr.:rn 11 ,lirI ;l PL11 . r :1cc,u 1;.u. ,rur nI I 011, fir 1 tor, tlno 1 '1 1 111 ILl1 .'1 [, r,r I II 1 r ri.,1 L uuli[ii n r.1 Lir.9]tl? ? . ':i -i 11 2' rv ,' l 1fI' 11 11L 1 1 1 . 1, sl x,111 cT II1 1 i ?Jt? I Iif ill' ii 1 111 tY lirtlA 111 r: 111 . ,.II 1.II L 1 'I IIII 11111.(<. x11' 11x'11 1 lli11 li L1 l'.Cnt ?t<<'rl _ilrr,urtieilP?f;?linarrzlrclr,irubn ,Ill', i,1??,n,n1 rrnlr,rl?n ?Lt1til t7w'rrnul:ol',11.1;>.-„nlent k1ft11:Lr 1 1r 1'7. ilicr?:i11,1;n1:,. lrleil6r aflruIitLLsn1Llf i1c101.11i,lclpL, ?I°t'r,r iu1i11r1'.1e,,r, rr ti-rn.L711 l;r,i 1 , .rt7', ir1' 1..5. tr1,1, ia11 i>, 1-i '1u 1,,? LI s1 ri E ur:>r- tn?l.n-e_clh, r @1t' 1' ., h . lnd I. _ il[IL?l?1^,,Ln1li,lu? .,?c1 c 111,1 1<,i.1.?1.'t?1';111I' ?,'r,in11?',i?l n_rrci;irn'al=??u L'?,ti?rh Lr,• i11... ' le unL1, i? lh? u1-:<l 1111111 IioLIL1L1i1IL? c, 1rtC1r 1 u 1t;111 turlnu rli JIL ur.i11 i, ,t 11 1,0 ,.> cL 1 11 rLLI'?1;1 .! ;;jfa`rtdle. ii?d 111. ,rI wr t''riod, rl 1!, iih [LL fo.tl 1 n i,s1 a: r'1 .':1,' F r?tel'sl i c ;.'? rnr a ?r , , rl??at :ir1rer: i ttiILl!`I 1 1. 't5ta1 9 l°. tIflr I r_i ur >ut =, 71l be l o: t I- the Jnl? Itlll, 1 I1 s: ll°:..1 '1% ill 1h?.' ;th 1 i , 11? ?1??;1 [i::1,S_ 1 su?,11 a..tal?.tld I- I,t',v 1:1111a61,,,?,,,II _ -144Rj Item # 27 Attachment number 1 Page 5 of 5 Deparviliwnt r<'6 I I I I I,_, Office tsi` 111 [1,,- I' r 111 Buireau of,tuslict AsSitilainCc Y'IRM (I NIAM6ili R `,Wo 176-137: 1;()7 AWARD CONTINUATION :411FET Grant 6'I . I ,i: _ 19. t 'ill -_inr,,[>r?ihlill pl"ll 1l, 1:,Ill i ll?'1 11 d[n?.laa7nualI',IrI;I: rpoll" IIrough s='`.l`:rlrrhr. ccn?_?'ih+c:. 1 1. r I I,r;nr?,:;il?r'???. U.?I??:,rrrI.tli_rrr;, rI;?J?tliiir,r.u'l??rtl +.i?:,.r_,nuz7e•^rS illn.II i. Itt rIII r,nl ? nt[.,I lat >riilr.l.lr:[ 1111t I I I IIC I I I ! :rll11 M I IC, iri> 111 u(, iii 7red 1411 :1 111t •;i?ir ?_1 l ^.(I r? huu- I,. ;>r?tl r, ?r ir:.il 1 w 61t?? Ire, , i_ u[ - trrt ftii?, and I':uitl 1 I? €1, At',,,r?; !I['0C).andAultiIri;-1 Itiehr?-,?_i t Ir.° ; .;Itll:a i i[il; [111,1114 ill -II '' S5 i[I i ilI, r]'III?ni, ?ICrLcr sld - n1al.4 addresj. Ir li, :i,l nnarrrl ,[ i n-,.nr '?a.,lu.,ut?enr.'.. i ;i n•u.-i I, , r;:nln':rl a-ia 1110 (a1•aar'1 1 ,t t,[?i r?I 'cui ti'?15) i rrr[nr r I?,?nuza, 21. th I111''.:11?11rr I.''ldli,,? ilda%q,11 [ 'i 'r.t tf3J.'jWiT&r,['IL,[ I lsttrit,'1 cull RII? :1.319; I, .; j rL[", ; 1 1 1 inRCll,tnrl.I l', 11] L aIlfl-.'r, rli tlih: [ [- 1 >r- '111 1 llh:i I r,l utrlll I Ll it r.! rt11 111_ Lill riirr r, I,y ti 1 f:3n i' .Irilrl.' 1I . i rinirr ° ; l,r r, i 1 li._ .I rtn'c ain?: ihn i.I? fi,l l ; t'1 i;;rr i?r f a-?, n. a°?cu err u J 11 1 he r, ,v r???_luir?.1 r crn°,t^I?r, rha•,i [ II Ii r i.'ii ,- 111 11?-,I rl _[1 1 ra[- L? 111 a<i' ?nnt. Icrl; ;l? - [ _l?raC1n_:11 .lli'? rcli]l 11, . .., 11-1 I:I I1 % [iI;' rio,,., I? nt?_ dais star I''.. hr I4:r liar f ,.b, f 1 r Irilr ?nl n,`. L?.i ?, 11 i 1) %11, WW 22. IZw?ihl? 11 11 , n? r Bind, nt7til dl?c li4in`?[ratL [ ['1 'aI k tia[vr,a???:, r I[Ii;c ti' I[,'11, I I r r,: l°o[tt nrr it rn ?,t +,?. r in irari t'hc 5111ti oI It'4:tf I I r )j 1V,k r,1 1 ASs fKa C hr?ru n -i?l an+d l1: , .[[CLI it (erant diit-,Imeh-rE IN .c: L tl Itrivia. OII '',I IL, I_.. i Item # 27 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Atlantic Truck Center of Pompano Beach, FL for the purchase of one (1) M2-106 Freightliner Conventional Chassis at a cost of $57,953.00 in accordance with Sec. 2.56(1)(d), Code of Ordinances - Other governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement for the amount of $43,706.75 and authorize the appropriate officials to execute same; establish Project 316-94239, Public Utilities Boom Truck, at third quarter. (consent) SUMMARY: The Chassis will be purchased through the Florida Sheriffs Association and Florida Association of Counties Contract 09-17-0908, Specification number 56. The truck (G2305) was involved in an accident on April 1st, 2010 with a car driven by a private citizen. The other driver was found at fault and State Farm Insurance agreed to a settlement of the claim for $14,246.25. The settlement included the salvage value of the chassis for $9,000.00 and the cost to remove and install the body and crane from the old chassis to the new one for $5,246.25. The settlement costs of $14,246.25 will be used toward the purchase of the new chassis and the balance of the costs will be funded under the lease purchase agreement. Type: Purchase Current Year Budget?: No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $12,054.00 Annual Operating Cost: $3,655.00 Not to Exceed: Total Cost: $15,709.00 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 316-94239 $57,953.00 L/P CIP 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 # 28 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 136 square-foot Sidewalk, Signal Cabinet and Utilities Easement over, under and across a portion of the Northwest 1/4 of Section 15, Township 29 South, Range 15 East, as more particularly described therein, conveyed by 1133 Cleveland Properties, LLC, a Florida limited liability company, granted in consideration of receipt of $2,856 and the benefits to be derived therefrom. (consent) SUMMARY: The City is finalizing plans for Cleveland Street Streetscape, Phase 11- Myrtle Avenue to Missouri Avenue. This element of the City's Master Streetscape and Wayfinding Plan will extend a modified palette of the downtown Cleveland Street roadway improvements through the Town Lake Character District. The subject easement formally conveys and documents perpetual easement authority to the City over, across and under the lands described therein occupied by an existing traffic signal cabinet. The $2,856 consideration paid to acquire the 136 square foot easement was negotiated at double the Property Appraiser's assessed value for the land of $10.50 per square foot for the corner encumbrance. Additional easements acquired, or to be acquired, will also reflect similar financial consideration. Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 & 7 1 FA 41 1748 E Parcel No. 1 -w q 0011 SIDFWAi_'r< SIGNAL CAIRIN Tk-I ILS ? W--',E ENT FOR AND IN CONSM)FRA1ION of M on, n'T 1w Wnsan Lnki {ur, j and-4071% i nikq. H on c'K ._ '- w l?tt h a.l A ifiw I c ',IN` , i?? - i '. CLEVELA D PROPERTIES. I..I...Q a Flo dda, Hmited IMAyr Gc:,sAMY G, B(-)x 5 119. VVoodPidye, ii 605 :" till 7 I? jh'SC-•hI?'';?? ?an I`4pq wfil bF'Iny ,q,uaI' in 1fF C'.l?J ??jl }id of 0i North 28.•' 1i feet of the East 50 feet o blocks 5, according w th,. .:AF?AH Wi1AWLYN':S SWEsi-1i4F Sk7)N, as dCcoridedl In Plat Book E', -'1a'q(-4-1 ot( of Pinellas Goran, Ploridw togr:thw with ak of that ref the t)t ti;fF i l ±E] f r^-.t?i. ? -?¢ t,1'lf= N ??'rsth+li+'? f %,:i ,... the *4 o rttS'ii'1+'e -, 2. i r1f tI l-YG 1. 'i1oW; Ra;nge 1S East, which lies hetween Eastw-ardly projecfionC of the Mort YEPdaPel Of th ''a of SaW Ri•. S 5 thUS dRt!r eOr The nverad dimenwon-s of Me phi of land so formed, heing 2825 fe ;r.,. is more parbt:: a0y° describr, d and depiuted in EXHIBIT "A'appended hereto mo +J';i ;; _?i-,i is r .7 r_ 1insfaliatiorf a41aI makteCsar _ Essibair; ?idt;wvak , i'<-phini t and cat?r34IftC'i'r80 ab suds *1?ark UndC75tuC.und EPA hoe,s, 1' ,. s t -a''Y 0 4 .rI F;.A R VV 1% fl'7R, FLOR I LJ ',A XH h , 1, . ri C;' ';' i,ii'?-r ?r.rpr)riI i 1 d L.nII eb and W re WnO Per Mi'_)f "Ida; - STIO ti;I'i k if i, Im" +?-7 + !, t n' ," ya -JCJ [.l'-' tint wM sic oI_lll 11it Iii'!1 1? I] In vI I 11 ?c" r . L EE%1133 Lt_ ?? Item # 29 Attachment number 1 Page 2 & 7 pm dy' III i 1 f11af r Iil r, ! f: II qhl of c, of the it 1 1yn,w' [1 0 sr r I I, nr Ih Fa o'n-nwf i ]ili'=, yin I k l 1 1- L an ow mew pe1I11 vel_t F Pr Iii :aht, WN d yf??!_?-l?. !I'n- 'f' r, Wt..? on; RDA 111 III m ko l_pd? I I f ,71 'l'1`- ill ;rfr 11 1111.;1 i_l,Cl lei ?? 'i.°''. (T'r?.', l_l i_ Y`'? ff- ,lll ?) I???'. '•._ -1111 ?il'rr o, - 1?- fr 'I I ?itl-:'f `? 11.E ?[ f 1.?i1 `f T1r-Ili. ?'rV ! "_ ? n' .',d rl!?)?r1111C f?lf'itiC? ?1? ' If1 ?l'l a ? Ilr` ??l_^,il J ?':? i in 'AW' ""MA r01 1 r11 r.'I?Ji'. i ! f ?, ,iI IIfICf "ft lln.,? 1';r 1t a1i?11 r?,?_,?Ir I ??''? !? C!t? .v,( ,?f"sI +i ?I,z ? I C1'?Y TI`I" - -- ?` ''11,- { flllil iV tn D,I ?y?,rl=??Ir,r I'illfllsllil'i1, j,['Dd Y`+ pi-1' lll,",It 111{ II;m - 1 --f 1.1'1- 1 sp ?>>It?.'aj d,1 ?11f1,f Is Uw :n ,yaj X111 N ? thirQ riot ., h, I???f i Nrll -sf ?I-? JL. il'If IJ T :I ?]E ??.!? f :. ;I. `,3if ail Irl ?e" , a f I " J .1 to rE .11I.??f? iI' I? I I i' I t':' .31 f 1ar'i ?3fJl'i fflan 1c; {lwf, ?- ?` ills' fI11.- - rll U 'll;f D,1 JiD' P?ri f;;J' f'll U-l11` [r'.i-i, +. r.`i'lf 1111 c;"}f 1'l1 f?,1 °.IRII<] l.tiv` 1 i, I €I"1ia x.711 i_, itin: alp , " and r',;,l,r 1)al r`:'ll il '1 !. I . V:l i ?1F f a, ,-' tlr li il?ff f l iit f..i? It I ?_1I[_i r Ir ,. iD,' 1..-.I t:11 th art, r„ 11 11- r?-t I j i -ititr inl "rtd fl ,' t' T @",?` ua,,',' n`1"li it furl f r ?fllt"? Epic] Olt; enJ Ie ?9h1` e ]"', II f1` °u ll easements -Tpdan' it ,Ifs A _. fit" M _n fjr. 111-Ii i( lilt' _ `.SllO'_ h.LlY "t Ci n" 111 -'i1i i r awW14 Cc IV, 1 ?fly iD I _3'lr, port:(si1 vile s on 11' or n.'-Id r r.fl` ?i ,.? h[ " ? ;iMT ., . w I'" -111 I a r_., , I. f' I I,iP ll JI11 .I .rail lit r? ill _ 1?yl ??::¢- fil ?'I;?11 -1 '?il?a .r.[ 1C r- Id li f l ?I ', ,r?. [? I(I tl; :'Mill l ;r7i 'I] l='r}i r. }t, kl l'1' PJRIt 1 f Synod grard(p kwis FM VIM 1 . f" 1l r f ? .,. -- 11IrI?,?11 113 CLEV .AND PROPUT 1% Il r ,1 1 I, r o, , f 1 r`JI I if ?1LJ1? II "??I?r iC i Ir'? & TV I [ ' 1 .0 k:-- I r L-: oval ! , 1 , r l 1 - -- 11:35 C1..EVE°C ANE;; P - AT # 29 Attachment number 1 Page 3 of 7 STAI- ry _ Note P St-l- :? h - y { IL! Y v>r' a I ,t My Commission Explr-,? Ty /Pri Item # 29 Attachment number 1 Page 4 of 7 I_) I C 1 II AT tai I I' _ f LE EL.AI I: nAN _. a ELOF<..1.11 THAT ?P0I.l' I J T ? 'I= THE J?.. 1 ?I I! I' SECTION I l -?E PARTHJJLAIR LY i ?I<IL EPA A??, C ; _ ..? . 7"T' I TF T_` F I TT I T ? 1E . ) [ ` ,T I ', r .? ,1'-6- ' LEI"?? E (? q E EAT BOO I3I !J N TY, , R_INE r l f f L 0 FE1C I -ORD , RI A, TI ?J 34"E, ?, LIME i,1f .;TERi fi u OF THE 1,11 1 o LI P'.I L_ 6-'f I' IN G SAID ,Tl [A-_ f It 11 p (. E '. I INN E C[:, ' T, PEI II`IL)EI'!i,IPE I'd ED A I) E OF I , "II-1E POINT OF BEGINNINCC THEM 4"C T P)` P/ 1 I _ 11TkITF nEEARIEI ii TI y r II A IE?I B L I_ 11•,,. k :' 1. I I I 6_9. H L -I I I '. E I ,4!l I A P(-,,.r I OF INTE ;.I G?i f 1 1 I L,I I i ., If .. FU, P L ' ?f r-, F r vv r Imo' I 6 r p r Item # 29 Attachment number 1 Paqe 5 of 7 o B, = r F ori-7n LcI I, alum: F, N. A, I I...?._ f i a Li k l a 6 Ir i Attachment number 1 Page 6 & 7 M STATE L N 1 r, V` 1, 1 e u?,:, a i?? o the All NAMiu?_ FIEli' S SUS 4C?f. 3` -i' , ?_ ?y???l +?,0 _?N . ?I? s;.,?7.?4; _ :k s: r't_r rT1cs of MildANS C:ount',?. Edam day t€Sigether cif ¢r ?Ftitip Beet :d the Last 1111 tee! rat tf;?? Northwest t'Jw, 15, +'tt'4'nshi'p 29 S(3^ Wnge 15 E;aM. whirl h 10 `'j? pr;','+ .;t?oro r,s't' the nd ;h hy III 04(-A U SS +"-1NO ? ..T W_:3v "I V"Wii; i. i ail jii), ;Il I Hie Cd n?y - . T rn [i hi I, WA P t ffiam V =;i rMaw I W I -;f'& Pit wr NONE. %f no f'f+UW it at! the df c'mc d W ,,it ,:NM.? ' "),. s bete- ?t''d ,F Item it 29 Attachment number 1 Page 7 of 7 I none "NONF. E4 'no er'try 1t, ,PvOl he d€'+F.'MCcl Ula V,. I W- ter 11 1r I- ?1f 65, t 7a ',i _ R , r 'oand f a ' r`yr .' bar' E,. a? iiE EI'??L s. D Item # 29 Attachment number 2 Page 1 Of 1 GROVE ST ..u..?.L z Q ? m LAURA ST Z u u u u ?? ?? D: Z CLEVELAND ST ....... 1 a v S? ww? SUBJECT EASEMENT a z _eee? ..... - ----------- y 0 Clearwater ° 1133 Cleveland Properties: Legend E D Clearwater Service Area 11 Parcel Boundary N Sidewalk Signal Cabinet & Bldg Footprint W E Prepared by: , Utilities Easement a Waterbodies Engineering Department Outside CLWTR City limits Ite m # 2? Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: EB Date: 8/12/2010 Grid #: 287A S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyC learwater. corn PARK ST Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 1340-square-foot Sidewalk and Utilities Easement over, under and across portions of Lots 1, 2, 3 and the West 10 feet of Lot 4, MATTISON SQUARE, as more particularly described therein, conveyed by 801 W Bay, LLC, a Florida limited haiblity company, granted in consideration of receipt of $17,997 and the benefits to be derived therefrom. (consent) SUMMARY: The City is finalizing plans for Cleveland Street Streetscape, Phase II - Myrtle Avenue to Missouri Avenue. This element of the City's Master Streetscape and Wayfinding Plan will extend a modified palette of downtown Cleveland Street roadway improvements through the Town Lake Character District. The subject easement formally conveys and documents perpetual easement authority to the City over, across and under the lands described therein that have been improved and are currently utilized as a public sidewalk, together with a corner portion of the recently redeveloped sales office for The Strand addressed at 1101 Cleveland Street. The $17,997 consideration paid to acquire the 1340 square foot easement is negotiated at the Property Appraiser's assessed value for the land of $10.50 per square foot to encumber 966 square feet of existing sidewalks, and double that amount, $21.00 per square foot, for the 374 square foot landscaped corner. Additional easements already acquired reflect similar financial consideration. Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 6 0 I` E, M 4 ? A,N0 Ire N SIP F R AT10N of ry Thous or I Nine L,', ,Iced =4 oYaca :rmit:o :ahd ply 1.T m' f li,.; ,_1 =f a+%Int _."ll L 11 f.! 1 F'i -I d " 0?" ?.'')`'k. lykrli jn s i s Ifs l',rll?3'dV'If1?; l:?- fllJi??' 1 o :l `7'I?41 .4-,i I?' m0 a ; A oortion ref t-.wa °I through 4, inciusive, MAITISON SQUARE ? nol Pa( jc 6.3 :.,)f the public. of lrlinolia., .irr ctslarly descrinetd and depicted in FXl+ IT `'A'' aLpnended ? r.Qt?l?1Gt' lEy?+t?t? ? ?a??rs 1i? r..Mf» This -s??? f.fll+;r?1 -- - rl_? IEc?EEE ! and 6-- i,incw= d t t; c, I I +' I dri ,?, L:. 1,-i'?. If i Ohlft ? I'd L!I i l-1 U Dt -Ifili:l I I'r?" I` :all Irr C f'r 1'[(,"?_` .I_'ll E,?Sff fl l4H mil if ?3 `LEI _," !I j',t-(.:,p -!III+ l' 0, T Fmk : SV r Item # 30 Attachment number 1 Page 2 of 6 STATE OF ILLINOIS : COUNTY F WILL iit 2 L C l ?t ,[ c ?_i J I Iti,i a c•1'j I' f 1 [, r? ` ?_' . ;!'.EIU" ?? Ls. C7 J ur yo 1, l' f ?l •[!I, !'•,t '.`..;i TAT OF ILLINOIS COUNT" OF WILL. 4_;r f?l'I E 9t7E7 - F11I The foregoing, t? ment was 2010 it'Y Lbyy ;lb•:Th F) l l l i l ? 1i7_+ MF ni c, f GI Vl" L[ GO MdfIV ` d r t=llilnstIUf lei '± 1 n e fYli'f c t` E,f l:, ^r r;'i? ,,.? il`•I t x'.'[. :T f.. then :,. ?-r s.s L`_ to fie, to hr ? ? ? I !I I;;r-Crw Deter, FUI_;I -j, to of IIfir::i?; 1 ype/f'nnl C_,,,j11f71tL'' (ln "'"A { 1 BAY LL'C SW UTIL EAS r 1 1 " ,'I ,,Item # 30 Attachment number 1 Page 3 of 6 EXHIBIT . A f Legal Description BASIS OF r?"- `IC`J F f' 1-Ff?J? 1 t ??! THE I,-Et- Ili.- OF C_EVEL?ANL, Ikl' LET, 'v-C 1'}?p4, PA& -;_/1, i ! THE PUBLIC RECC,. OF I'L jF'LI_,'`.S CCIII'TY LI I::I .1 -THAT POR r `i m LOT-' 1, 3, AND THAT PORTION F _. r 1E . • T ELI L 7 OF LOT ?t I 0 f1 F; l?Bf?IVI ICS T -AT r ,i, S, PACE ? CIF TH;_ r CCORD OF P I i E _; I JNTY, FLORJ D ?; LESS AND r ' CEPS I I_f'i 1 J _)I f t EP "_Y FCRTIC N (_11 Imo, "WHICH L DEEDED '1 ".II IT Cf H F V',' 1T k f,NTY r?Fl OF 1` i, 1 rI, F THE PULI_ TI J •.JT_ I C UN TY, FL&k.ID El v MORE PARTICULk, `.LY ICE CF;.i L Fl l a,? f LLCI.''a COMMENCE AT THE JI II LET CORNER OF LOT 1, 1 TTIS N I,L,'d'i1 SL F.I)I 1 f. 'I FF) IN PLAT OOK , PALL I,, JF TW J'lii- I_IC RE C')[: LI 'I 1..OL NTY, F£ :'f I r1 THENCI d I I t?? 9 , tta?I ? TFif I T N E OF _ 1L LI, 1, ALSO -r I kHE EASIL IY RI r, J 1+F -O'_J f ld P1, k'TI I LLITHEk. ; F FOR1^•1LR,i I? JI I 7 H ',F,Ls 1 _ ?' A E 'P lE T J IB " _ 1,72 FEET, TO A I r rIl LFR'SLL?'f 41 :','J'JTH THE Y LINE OF CLE _I.. F P E T, T,F-F'. F f' .;I,T DELL, 1 el}". F THE PUBLIC J1E1 1- F S F PI=.IELL_ `, COUNTY, J l_;)RI ., l l I ? 10111T ALSO BEING -HE POINT OF BEGINNING; THENCE 89 4 2 _,r L:-, ALONG TriE UTI I-l- L.Y RIL 11 F r?.f WAY LINE F L.LE`v'ELANI STREET, PER SAID -?rRANT, L ^EI , A I,, 1Tr'JJCE F 155.00 FEET, TO A FCINT -1 THE EAST I JI' IPAR i L iNE uI- T-; ,"2F ST 1 . IrT FEET OF LC'T !,ATT' 1 77:I " 7 _L!L f)i`,./I J J: Grp ?f-L? TN Pb' T P k r', F 10 , _ r 1F .I r11 "! J1)LiC RL 1. 1= F Ii J LT CHI JTY, FU ; F Tr TLS;-1` ALONG SAID FT'dL F TL1F F' T:T OF LOT 4, A DISTANCE CAF.r,l I F! F `k`FfJL kJ.'I + l I LINE PARALLEL WITH All IT if-I-I_ ,H1 If,L OF CI_L.1 I E, STREET, A ? I? L 01 Hf fJCI -'00 1)1 _I"1"E? X11 T11 .1 F 15.00 FEE]'; THENCE '?LON A LINE PART ,LLLL ', I TI1 SOUTHERLY RIGHT I_;,I- J INE OF CLF°./Fl ?,ND STREET, A Ii , l ' JI E_ I-IF. 17.0 FEET, T A J INN ER ECT?I' I I x'`,77 it SAID '. F'T T LOT 1, SAID POINT 13EIN(7, THL ?.A-Tf PLY RI(-H-r SOUTH MARTIN LUTHDR RING i'.I`1E1- I-Y' 1 I IF, I CREENV(IOD AVENUE; THE-1",(.L: NOO--0011 O ULJ_:_'+ L]NE F LOT 1; F`'t•l ?? 3EING THE EASTERLY' F SOU J f l 1 <<'. I IN Lf 1 1 F i< I': if,Jf_' R \V NU FI„ a? 11 k' i.. SOUTH Li`JI_L ,A Fil ,T?"I( F 22,00 FEI T T , I ICI OF BEGINNING, Item # 30 Attachment number 1 Page 4 of 6 Ve 1 "= /7'01 cif rn 19 NORTH W, i P* `. . t t J w l 3 Attachment number 1 Page 5 & 6 AFFT)AVJ OF N(-,) ?FN7 .'.J IN y c BEE Wt W 11H " -n r,r n,-d ? ,f'r' pprponall1 appear',;. ;c.1I 3f? of_._ ?Qwlh , not M_rom It To M ,, RAY, LL ,aF TI of If q C1(A T1SON SQUARE, Lot-, x,1,3 anc# € e Werst v €eel 4 15 s" '"Y '.cordiq to W ;Aal Term! w, ;.iPder.'3 n. i I' „ III t I I , F' :' I tf I tI , ce".I _-1 LI _! I'-°, 'uj is t jl, €?? NF " It no e!1fP'y, iit 'tH be C F 474f d ONE } €tE ?- d ...- 7 , , 'W $. T Item # 30 1 Attachment number 1 Page 6 & 6 V I I"Iat t`rr.1 i1:=1" easements arl,] ,i ..•?Clt:fiiDji of PE-cC d,flieie 'r n ,'•'t'.`_ _3r' manrr,'.. im m ut any Woe AMn : fm f,tltr c,,, tt- Th That 16s W r F olpQ that P y, r1,r.n: On i,,,; .n r cei,vv- ] I r :? 1 i1 t rF .airJw m,u--ent°-, W' lnlpRoafll"W That r i `. r,rtst'nA1 1_a ``_rti w Ae== I ho "M- ;r :i Si IOIii [hjdAw ii_ any ov 1rn:-:i'? 7. 'I',r; 10 T1 Iar!nH •i-Il ,f,lti` U W &P OP V 1 WO 4 111'O U fig-CITY OF R 7ARUV',AUR Fl ORIDA, if' 1 eir1° , nw oo - i :np in E IY w1 KEW 4 TOOK qw hrv &Sa [ i _. QI• / day r Kern # 30 Attachment number 2 Page 1 of 1 1 :mtpt IJI{}l+'r h ] r 1S. r1?;r ', .a 1'f]f iv, tee i_1 - liiu" I li-'llllb?"? H(jw( Vi-r . IIUiflllir._;, Ullt?i?f1:='(-1 ijt_irflll -,hall !,?e PFFivI;i' i-1 EI r1 da J`1:Tutr f,iR 2' EI Lr Th"_ 0 C.V?!re10F 11-1 llflrllt'4' i In dditior rlothi t; _ui,,tainr"t D by third ?itlE' Ili r?i lJ if1lld,1 r ; rl ,li jC fl 1171 ii11' ir'.3flt of or as l ''4 o C t,<:rr>I[irl immunity, t F ?h `t "rN F on w, crants (i) the er ! r 1 p,r. l' r l tit°? 44 .Lr3'' crffered Grantc±r i;- rr: ..'l j 'rl and t# eusa'-d t!k i-e-I^u dI?''(: ('1,34C) 'll_l?if` fC'e* -,ri ll rl; JS 1.?f1 the 1qhelr : \ft 3f11C'il.ir 1 t Ir ;ari! # lie c o j,7i'(.;= ,'yjj t.lF F' {;=fl in 11; (ii) the term, F:)iuv (A,-,- ?-1t?reir ti, raiifcr shall nc"` !iF :vl'' F r. ( °.f''; f1 'rl? fTli}tif i ?, _iir7," IE?_ terns Mont!-i ?rIc1 tai ;a, { Tr N1?-: he r?1}' t i( `-;II-]IIl 31' i51 ?nC 1 r^i rl ta,, !r i?'. r?+ '?li;J I•?,{ +C?lirl r'rj ?il .?i? f lr''f'. L'?!Jr?1 it T ?}',yP ri,?:?Lll r rll 1 !Ilrr ? -i ?t ??r?li? ?Ayif { vr',_lt r0 T?l l LLe sT 'c,epit ll? ?. 'r ll"r,t 'Ir liIf'_? VE,i_,I IIi i-'l? t.'!r C. I+ ,C{iif ??'_ t : ' t:'li o { I_ i l°)i' II 'cal 11i l'ltlt hud tf'.JF cifItt:i-_' `.`ific40E Iiiforrjl l;-iiitif .irid jh-, p'lltl. =e l_1 -AID ? lill'I ir'"g 1 i { ? Sri "1{' ?f.jrl t)r9?' F?aF' ?r ?(lrr'rr ? .(1?;. ??fIV?r'?l i >;? ?l-`rlll`; rk: 111, i o '?'[llr l if flr r+_Il! jr :nded ;',nd ih? +.,0' r r =kilts ir1!"i rrti'f"ICtl:11"' ? '.1 ?.: 1l! I, , ;-f? N r- i;Fl?f I I?.7,11ia i 9i?T r V'Fil-k'I 11111?s dJ:i{. !It ?ilr l?" ?iJl cal,. ll) CP it i?lr I r11 tIF' ,'Oilvf r ari t?l .I 'rL ?f?l: ??_. t??'lIr1C,'r ;ir'' rll• l .'d"i IUi]` Cf lE-tltl al ?rli ';f {?r3?r.r?lr;'111 ftil ?i,i11, ,r4't ft ?IlljI f ?'I(= 1-1r'I, rrik fTlf', i_ ;3111f='i] rl?"F'lll `Sf''lllrlt g Fafy7= I,? 3f111 IYfF. ,i) ,il['?' ,?S,flf; ,rl-l LIl'! ',};!r('i ie: v 'f [ .rrlfi -i -i u P Carr .arit {?. bi{ldf?,t q V' Y ?I lf?' .f lIII t?f if gY` r: r _ IN WITNESS WHEREOF, fh? i,i-l e c1gr',e, has caused these presents to b duly 2010, 1 ,rlr_, F ri. and d ('I W 9AY o'f:.. 'V?7 Nf r ._? ?I_?!1?tLJ,IP:? ? 1;?35T ?l} I„I "I?'r i NE _. ` (?['lltE_si L -'?li, r?r Li .,?ri l 1 Y Li.C :`vAI Item # 30 Attachment number 3 Page 1 Of 1 LAURA ST 11 m GROVE ST FTIF MMMM. ?. ....... u...... , .... Z . ,..,........... ..................... .......... CLEVELAND ST .... ,. ?? a u?u d r ?? I u u II u i SUBJECT EASEMENT PARK ST Q Q .,11~.... . ; ? ............ ......... .. m PIERCE ST W J ?? Q ? .............. Cn .i,..,. ..,.,.,., U- 'Clearwater U 801 W Bay, LLC : Sidewalk Utll. Easement Legend ?,,,:Clearwater Service Area anel Boundary 11 ' Bldg Footprint Waterbodies " N E Prepared by: Engineering Department Geographic Technology Division Outside CLWTR City limits Ite m # 303 '00. . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 www. MyC learwater. com Map Gen By: CRM Reviewed By: EB Date: 8/12/2010 Grid #: 287A S-T-R: XX-XXs-XXe 7 Scale: N.T.S. Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 7-foot Sidewalk and Utilities Easement over, under and across that portion of the East 47 feet of Lot 4 and all of Lot 5, MATTISON SQUARE, as more particularly described therein, conveyed by Dennis H. and Jacqueline L. Henegar, in consideration of receipt of $7,500 and the benefits to be derived therefrom. (consent) SUMMARY: The City is finalizing plans for Cleveland Street Streetscape, Phase II - Myrtle Avenue to Missouri Avenue. This element of the City's Master Streetscape and Wayfinding Plan will extend a modified palette of downtown Cleveland Street roadway improvements through the Town Lake Character District. The subject easement formally conveys and documents perpetual easement authority to the City over, across and under the lands described therein that have been improved and are currently utilized as public sidewalk. The $7,500 consideration paid to acquire the 714 square foot easement is negotiated at the Property Appraiser's assessed value for the land of $10.50 per square foot, rounded to the nearest $10.00. It is anticipated additional easements to be acquired will also require similar financial consideration. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: $7,500.00 Annual Operating Cost: Not to Exceed: $7,500.00 Total Cost: $7,500.00 For Fiscal Year: 2009 to 2010 Appropriation Code Amount Appropriation Comment 0315-92275-560700-541- $7,500.00 000-0000 Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 & 5 F' ,11,•!t (;;I ?I ' ra t RF 1 1 II 11)EW WALK & UT1l.. T i F S F A 6 `1 FOR AND IN ONSTI ATIC)N r Eri vw I II t°Land pa k ti Iii , C/o I)oa-agia5 Manuf achinny 1115 Mvf,l and St, Muwahm 115 ICU ? i II I- I_, I1 Y f { i -,j i A fI ?]; Lot , and E)nrtH)n not oie a } A 4; 0 . . l -a'. UBEAV1S'()N, as , ecorde in PPM F3 c:;r7? 5, P a,_ o 66 of imp pu :r: W. CoUrAy`, Fl'onda, Wirg rinwo ` peciu 3I+,y doscKhoci Y)w Wand i r F i Epn n fit'(: f,?,r?;ttwH and by'tNq ;Pference frade a pail hmeof, '? '1 k granted iu ire ,tailatio and m_,I3a'E:n.inw of i id T: ( ',VM : CLE AR'WAi R, FL aMA F ,I! i f1 I III I I rl' I` [,? it I' G 11' nn 1 ,I I ,II 1 :1 "I I I] I I i P. I I It r em # 31 'NF GA I .? ti o & „ F i Attachment number 1 Page 2 of 5 C i J r 11 I 1 fl - f I I? I f I ? f ,1 I f ? i iinmta6tv, deliv-r-d STATE OF F?-oRJ[)A I I ? I i? I I r': I f r if tl i n .r7 r r Item # 31 Attachment number 1 Page 3 of 5 STATE OF FLORIDA COUNTY PI N'I=i...!-AS Tl` v Ir I ?I I d:dl, Item # 31 Attachment number 1 Page 4 of 5 NI-F-1 I JITN E. ?iF- Item # 31 Attachment number 1 i .,.' s i r 0 i ?_? Attachment number 2 Page 1 Of 1 GROVE ST LAURA ST W I - ?i J Z Z S? CLEVELAND ST JEASEMENT J W Z ? ? Q Z PARK ST g C r LL p l L Le Legend Bldg Footprint N earwater Henegar Sidewalk Parcel Boundary and Utilities Easement CLWTR City limits Outside v W E Prepared by: Clearwater Service Area Engineering Department Ite m # 31s Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)5624750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: EB Date: 08/04/2010 Grid #: 287A S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyC learwater. corn Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the east 10 feet of a 20 foot right of way easement that lies along the west property line of property located at 113 North Betty Lane as more particularly described in the ordinance and approve Ordinance 8221-10 on first reading. (VAC2010-05 SP Country Club Homes, LLC) SUMMARY: The applicant is seeking to develop the subject property with a 33-unit townhome project. Currently, a 20 foot right-of-way easement is located along the west side of the applicant's property which also abuts Betty Lane. The applicant proposes to build patios with privacy walls in the area of the site proposed to be vacated. Flexible Development approval for this development, FLS2010-05001, was granted by the Community Development Board on July 20, 2010. The preliminary plat, PLT2010-06001, "Country Club Townhomes" was approved by the Development Review Committee on August 5, 2010. Progress Energy, Verizon, Knology and Bright House have no objections to the vacation requested. The City of Clearwater has no utilities in the right-of-way easement and contemplates no future need for the easement portion proposed to be vacated, provided that the development is completed within two years or the vacation will be null and void, as specified in the ordinance attached. The Engineering Department has no objections to the vacation request so long as the development is completed within two years of the date of adoption of the ordinance. Review Approval: 1) Planning 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8221-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, CONDITIONALLY VACATING A RIGHT-OF-WAY EASEMENT PORTION DESCRIBED AS THE EAST 10 FEET OF THE WEST 20 FEET OF LOTS 4 THROUGH 7 INCLUSIVE AND THE EAST 10 FEET OF THE WEST 20 FEET OF THE NORTH 20.7 FEET OF LOT 8, ALL IN F.A. KENNEDY'S FAIR LANE ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, SP Country Club Homes, LLC owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said right-of-way 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 right-of-way easement described as the following: the east 10 feet of the west 20 feet of Lots 4 through 7, inclusive, and the east 10 feet of the west 20 feet of the north 20.7 feet of Lot 8, all in F.A. Kennedy's Fair Lane Addition, according to the map or plat thereof, as recorded in Plat Book 11, Page 16 of the Public Records of Pinellas County, Florida is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, subject to the following condition: The project known as Country Club Townhomes shall be completed on or before October 7, 2012, upon completion of the construction, which shall be evidenced by the issuance of a temporary or permanent certificate of occupancy; otherwise, this vacation shall be rendered null and void, and the City of Clearwater shall retain all right, title, and interest to the subject right-of-way. 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. Ordinance NoIJUM 4(32 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: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Ordinance NoIJUM 4($2 Attachment number 2 Page 1 of 1 4-1 2T7 ""? 19 18 v? 17" 10 Et 9 ,317 w 4 318 °- 3,15' ' " -14 315 - 11 10 , 11 a .,...,.. 1 ?.? o .,.. J O 3%1- '? 1 12 t? - -- - 311 12 ? V = 307 1.13 = = i30 R 3 1- O 305 r 13 I _ C co ,. R O 303 - 1 X00 W 301 8 1 14 -7, 1 14 217 N Id w..1 6 211.", .k 15 N. -'32G 7 6 m ?22 7 5 220 µ218 ( µ 1 4 p 21 21 3. -.- p10 ?.. - & 50,, M X16 5 21E nor 20A, ,16 60 astmossimr-W , 205 210 70 1 2 3 q - U 1 -" -- II 08354 , 2001 70 65 ?6 +366 ST 46386 0 4o ao v _?, 118 r`. I M n w. ? f N, 40 60 1 d 2 12. R /-j1 W > 2 W 12u > 1 1 1 ¢ z 7 1125 3 Q --- 186 -.. ?.. ?..1 119 116 O 1. 1 6 ---- ?t a ` N 117 8 1, 7 5,,, ?r---1(1L--- 5 71 1-14 W X520 - -- 115 +°r 2 1 6 _ - -7-------- 100 11 It s z 9,. 11 i J f?a! ------ O -- -- 7 1 Z 12 - } 9 -?--- J 1- 6 8N-- f I `7 I i m 3133-356 1 ---- mg ?. 10 X11 12 40 '11--:g 8. .. -- -------- 9 M c _ 9 N X64 1 N 1 N Ft 1 2 ----- LL I F __ 133-358 / 7 - 10 ST t B 3 - ----- 4 r 1 -- ----- 5' 11 •122 1 7 -:37 --?`- i2 II s --?--- - 13 L d z g r 0 - --. i - 14 Q i i ? 1 8 1 9 1 10 FT 15116117114 m 1 . I 40 , . . ?..I ?. . 60 CLEVELAND m 70 ' ? I I I I IQ f I I' 1 1 I I j I"'I ?j 1 18956'69 I 171 161 1151 14 13 1121 P? f33 G ?O 5 VACATION REQUEST m ' 31952 ,j DREW 2276 W °. 1 66 M: T I M 3 1 1t ,., J 1 - `e 10 -..16 7?.. ".. 122 0 f c- 121... ?... . 120 11i,9 - 19 8fi. -. ? 1.18 _? 5,. 7o?63fi2 - 11. 113 10 11 1 16 -- ---- ---- --- 13 12 110 P - - -? 14 - 1 7, .. ... -}. =., - 105 2 - T -- 18 yn--- - 17 3 4 o N . 9 .. w. Y18 .. ...1 ? N -- 31 19 30 > - 10 27 21 2 1 0 ----- --- 11 -- 1 22 23 ----- -12 - - 17 24 --- ---- - R 13 ` 26 ---- 27 - -.. _ s - 141 - ? . 13 --- 29 k 281, -- p z N ?.. 11 1 15L 1 T I 7? 1 1 1 - q1 I ?2 7 t39 P5 368 16 17 1 9 1 I ,I I I 1 1°1 1 1 1 1 I I I 66 I IF1 1 1 I 61 I I° 11' I I I 60 1 1 1 ' 1 1 1 I 60 1,1 I I X11 :I I I I I I I I I 11' 1 1 1 1 1 1 IA- F1I5Y 11?. 1?.. ?. 1 '1 1 1 11 I I I I I I I 1= I. 1 1 1 1 I. t- 6a13?211 ,o?1a171s¢1131211 1 I 13121, > 10191a17I?sIS1413Iz1, 81'7116151a 1 ?:.1 a '"l wq I, 1...1.. _s-L1 ¢ iL_l? a ?- L 1 1 I -LrL1-_ 10;9§ IL 0 Ord #: 8221-10 Vac #: 2010-05 Legend ROW to be Vacated N ClearWater Name: S P Country Club Homes, LLC L Bldg Footprint Parcel Boundary W E U The East 10 feet of the West 20 feet of lots 4 through 8, Outside CLWTR City limits Prepared by: Inclusive, containing 3,101 sq. ft. or 0.07 acres, more or less. :. L Engineering Department Clearwater Service Area Ite 7 r m # 323 Geographic Technology Division 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CRM Reviewed By: SD Date: 8/31/2010 Grid #: 2876 S-T-R: 15-29-15 Scale: N.T.S. www. MyC learwater. corn Attachment number 3 Page 1 of 1 SECTION .. 1 .. T0WN5HlP .. .. S0(JTH RANGE , , 15 . EAST,. , PINELLAS COUNTY, FLORIDA L M& 11-115 Y' III GRAPHIC SCALE UREW SWEET nat = feet R HT•-aY-WAY OPJ YARL:; r % 50'R 50'3 5:R7 20`R 30"P ?. HEr1 FD PL.?C i'}f 10.00' WDE VACAMIN AREA w " ?VR ¢o'R -L-J? --i 200 t? F.A. KENNEDY'S FAIR 110'R LANE AUD t, N (P,B. 11, PAM Ib' { ?? `sr AA 6 p PAC 19 W 9' i i'R IR 7 200'R SHEET C;R&IFICARON: I HERMY CERTIFY M THE OF MY KNOWLMCk AND BELIEF THAT THE LEGAL DESMPTICN AND SKETCH MOWN HEREON %BSTANTIALI.Y ME TS THE ktlNIWUW TECHNICAL STANDARDS FOR LAW 3JRWr1NG DESCRIBED IN 111E STATE OF FRORIDA RULE 5J-17, F,KC, FURTHERWORE, THIS C£R7CAMN S8ALL NOT EXTEND TO ANY OTHER PEkS S OR PARTIES OTHER THAN TFl4S1 NAWED TEREDN ANC qtA - NO BE vAJO AND NNIANO AGAINST THE UNDEM',NIED SURVEYOR W1THOJT THE ORIGINAI RAS SE Ate SIGNAW OF THE F IVA LICENSED SJR47A,NO WAPF£R, l`7R[) :Il?lf' II, rRCPFFSI WO AL UR'?" p do 4APPER No. 5937 JOB NUMBER: 070172D DATE SURVEYED: N/A DRAWING FILE: 070172D.DWG DATE DRAWN: 8-2-2010 LAST REVISION: SEE SHEF 1 X REFERENCE-1 SEE SHEET 1 GEORGE A. Sff]MP II AND ASSOCIATES, INCORPORATED LA)V,0 SUPVRYOR5 SAND PL NN[R5 7-p" fflRflas F707J04 y4169,y Li3 1834 PV70Wff ?:?: ? ;164' 449 ° P1(iJ 178 _?ti.?8 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a work order to Camp Dresser and McKee, Inc. (CDM) in the amount of $1,180,867 for engineering design and permitting of the Reverse Osmosis Plant 1 Expansion Project (09-0018-UT); and the appropriate officials be authorized to execute same. (consent) SUMMARY: This Work Order provides for engineering and design services for construction of the expansion of Reverse Osmosis Plant 1 which consists of increasing the treatment capacity of the Plant by 1 million gallons per day and a concentrate disposal pipeline from the Plant to a termination point west of U.S. 19 to lead to proposed future injection well at the future Reverse Osmosis Plant 2. The goal of this project is to implement the City Water Master Plan of self-reliance, producing more local water and reducing stress on the regional water supply system. The design phase is anticipated to be completed by August 2011. CDM was selected through the Request for Qualifications process, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. The City of Clearwater's Public Utilities Department Water Division is responsible for owning, operating and maintaining the Reverse Osmosis Plant 1 . Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds are available in project 0376-96764, RO Plant Expansion to fund this contract. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,180,867.00 Not to Exceed: $1,180,867.00 For Fiscal Year: 2009 to 2010 Budget Adjustment: No Annual Operating Cost: 0 Total Cost: $1,180,867.00 Appropriation Code Amount Appropriation Comment 0376-96764-561300-533- $1,180,867.00 See Summary 000-0000 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 23 WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: August 27, 2010 Proj ect Number: City Project Number: 09-0018-UT 1. PROJECT TITLE: Reverse Osmosis Plant #1 Expansion 2. SCOPE OF SERVICES: Camp Dresser & McKee Inc. (CDM) will perform the following described engineering services related to the preliminary design, final design, bidding, permitting and construction services for the expansion of the City of Clearwater's (CITY) Reverse Osmosis Plant #1 (Plant). Specifically, the proposed expansion entails an evaluation of the processes and facilities of the Plant, a 1.5 million gallon per day (mgd) increase in finished water production capacity, and an increase of 1.0 million gallons (MG) of finished water storage. Additionally, the expansion will also include the design and construction of a concentrate disposal pipeline from the Plant to a proposed future injection well located at the future Reverse Osmosis Plant #2 project site. Task 1 - PRE-DESIGN PHASE Task 1.1- Project Initiation: CDM will prepare for and participate in a Kick-Off Meeting with the CITY staff, Project Team, and key sub-consultants to review the project scope, schedule, and budget. CDM will prepare a baseline project schedule for this meeting that identifies relevant project activities, their start/finish dates, and durations. The schedule will identify critical tasks and milestones for achieving the proposed project completion date. At this meeting, CDM will hold a Project Quality Meeting (PQM) in accordance with its quality management procedures. This meeting is a stand-alone, facilitated session involving the core project team members and the CITY staff. The three (3) major elements of the PQM are as follows: ¦ Defining the mission Item # 33 Attachment number 1 Page 2 of 23 ¦ Identifying the goals deemed necessary to fulfill the mission ¦ Describing the processes, activities, and tasks required to achieve those goals. Task 11 Deliverables 1. Meeting Minutes 2. Baseline Project Schedule Task 1.2 - Evaluation Under this task, CDM will complete an evaluation of the Plant and pipeline routes. The purpose of this evaluation is to confirm the scope of the expansion as planned and to identify additional improvements and/or changes to the planned expansion scope. For the purposes of this scope, CDM assumes the planned expansion (herein referred to as "baseline expansion") to consist of the following: Expand RO finished water capacity by 1.0 mgd by adding one new membrane skid and expand the facility and pressure filters as originally designed in the drawings received during the RFP Expand finished water storage capacity by 1.0 MG by demolishing the existing tank and adding (2) two 3.0 MG above ground storage tanks Add a concentrate disposal pump station and pipeline terminating at the RO Plant #2 site property line The evaluation will consist of a site visit, data review, analysis and report as described in this section. Task 1.2.1 Site Visit & Data Review CDM will conduct a site visit of the plant for the purposes of familiarizing its multi- disciplinary team with the project site and limitations. During the site visit, CDM will observe current conditions as they relate to architectural, structural, electrical, instrumentation, process, and site layout. Prior to the site visit, CDM will prepare a written list of data needs to the CITY. Such data will be used to provide background data to CDM and help limit the unnecessary collection of additional data and/or duplication. In order to facilitate a more efficient site visit, CDM assumes the City will provide all available information requested prior to the site visit. If gaps in the data are present, CDM will notify the CITY immediately and discuss further as required. CDM will use this information to help it conduct its evaluation. Item # 33 Attachment number 1 Page 3 of 23 Task 1.2.2 RO Plant #1 Evaluation CDM will perform an evaluation of the Plant. As discussed previously, this evaluation will confirm the scope of the expansion as planned and identify additional improvements, scope alternatives and/or changes to the planned expansion scope. Specifically, CDM's evaluation of the Plant will include a Process Evaluation and a Facilities Evaluation. Task 1.2.2.1 Process Evaluation Prior to the Process Evaluation, CDM will review all available process documentation and render a concise opinion on the sufficiency of this documentation. During the Process Evaluation, CDM will inspect and evaluate the current pretreatment system of pre-oxidation, coagulation, and pressure sand filtration for arsenic reduction. CDM will evaluate alternative processes and alterations to the current treatment processes to enhance process efficiency and contact time for the pre-oxidant and coagulation processes so as to maximize reduced arsenic oxidation, coagulation and flocculation of oxidized arsenic by the added iron salts coagulant, and subsequent filtration. The primary objective of this task will be to allow the greatest reasonable degree of arsenic reduction to maximize raw water blending with RO permeate so as to minimize or eliminate new pressure filter construction. CDM understands the City prefers the evaluation to be based on adding a third membrane skid and physically expanding the building. CDM will evaluate this preference as well as advances in process technology (e.g. new membrane elements) and apply them to the project as appropriate. CDM will also consider up to two (2) additional membrane configurations that may enable the City to achieve its expansion objectives without the physical expansion of the building (e.g., fitting a third skid within the current process bay). CDM is sensitive the City's overall construction budget and will not spend appreciable time outlining options that are not fiscally feasible (e.g. purchasing three (3) new skids). CDM will review membrane performance data and determine if any there are any additional opportunities to enhance their performance. CDM will also consider advances in membrane technology in its overall analysis. This analysis may include membrane projections for the CITY'S anticipated raw water quality and a life cycle cost analysis if said advancements are considered viable. CDM will consider the possibility of energy recovery devices (ERD) in its overall analysis. City staff are also concerned about the lack of a by-pass arrangement for off- specification water. CDM's team will include an analysis of the Plant piping and evaluate the need and viability of a by-pass arrangement. CDM will also address 4-log virus removal per the direction of the City. During the evaluation, CDM will consider operations and maintenance, lifecycle cost, plant down-time (e.g. purchased water), and constructability in its review. Item # 33 Attachment number 1 Page 4 of 23 CDM assumes a life cycle of 30-years and an interest rate of 5-percent. CDM will summarize the results of this evaluation in the Technical Memorandum (Task 2.5). Task 1.2.2.2 Facilities Evaluation Prior to the Facilities Evaluation, CDM will review all available documentation on the site (e.g. CROM report, geotechnical reports) and render a concise opinion on the sufficiency of this documentation. During the Facilities Evaluation, CDM will evaluate the condition of the existing facilities and structures on-site. The evaluation will consist only of a visual assessment and additional tests and assessments are not considered part of this scope. Additionally, CDM will analyze up to three (3) alternative configurations and layouts of the site for the expansion. The new, major components under consideration at this time are the additional storage tanks, concentrate disposal system, potential impacts to stormwater management and relocated equipment/yard piping as a result of the site configuration. CDM understands the CITY does not wish to construct an additional tank to the south of the Plant at this time, but it is willing to consider smaller and potentially taller tanks in order to minimize the overall footprint of the site. CDM will also consider the requirements of the concentrate disposal pump station (e.g. constructability, access to electricity, conflicts) during the course of the evaluation. CDM understands the CITY wishes to maintain a certain degree of flexibility in its operation of this pump station and concentrate management. CDM's evaluation will consider alternative mechanical arrangements to allow the CITY to use the existing sanitary sewer or new concentrate disposal pump station as a means of concentrate discharge. If other additional improvements beyond the "baseline expansion" are identified during the evaluation, they will be incorporated as part of the three (3) alternative configurations discussed above. Because numerous combinations and iterations are possible, the preferred arrangement may include portions of the alternative configurations. If this is the case, upon completion of Task 2.6, (Pre-Design Workshop) CDM will prepare one new configuration that captures the preferred configuration. During the evaluation of the site and alternatives development, CDM will consider operations and maintenance, lifecycle cost, plant down-time (e.g. purchased water), and constructability in its review. CDM assumes a life cycle of 30-years and an interest rate of 5-percent. CDM will summarize the results of this evaluation in the Technical Memorandum (Task 2.5). Task 1.2.3 Concentrate Pipeline Route Evaluation Item # 33 Attachment number 1 Page 5 of 23 CDM will prepare a study and report of alternate routes for the concentrate disposal pipeline. CDM assumes routes will begin on the Plant property and terminate at the property line of the parcel where RO Plant #2 will be designed and constructed by others. Consideration will include discussions on cost and time constraints, impact to adjacent property owners, impacts to existing utilities and planned improvements, pedestrian and vehicular traffic during construction, environmental concerns, operational and maintenance limitations and requirements. Methods and Conceptual level Opinions of Probable Construction Cost will be included with comparison and analysis of construction methods and alternative pipe materials included. The need for easements, traffic control and diversion will also be discussed in the alternate route evaluation. The report will also confirm required survey and geotechnical needs presented Part II of this Scope. Task 1.2.4 Consolidated Technical Memorandum CDM will prepare a consolidated technical memorandum outlining the results of its evaluations of the plant, pipeline route, and funding alternatives. Where alternatives are presented, CDM will present the pros, cons, and expected life cycle cost of each alternative. CDM will also provide tables comparing the options to CITY approved, weighted criteria (e.g. reliability, operations) to assist the CITY in evaluating and selecting an alternative. CDM will prepare and submit an electronic version of the draft report for CITY review and comment in.PDF format. CDM anticipates a Workshop (Task 2.5 below) to discuss the elements of the report and to freeze desired design concepts. Upon completion of the workshop, CDM will issue three (3) copies of the final report and one electronic copy in PDF format. Task 1.2.5 Pre-Design Workshop CDM will prepare and conduct a Design Preferences Workshop with the CITY staff to obtain feedback on the Technical Memorandum and to determine equipment and facility preferences, including siting and routing issues. The primary goal of the Workshop is to finalize design issues and expedite the completion of the Preliminary Design Report (PDR). CDM will prepare minutes of the meeting and incorporate the appropriate comments into the final Technical Memorandum. The CITY understands that CDM will not proceed with additional design efforts until the Technical and Workshop Memorandums are approved by the CITY. At this point, if changes to the original expansion as discussed at the beginning of Task 2 are approved, CDM will prepare a modified scope and budget for future design tasks, to accommodate the changes in scope. Item # 33 Attachment number 1 Page 6 of 23 Task 1.2 Deliverables 1. Electronic Draft Technical Memorandum 2. Three (3) of the Final Technical Memorandum 3. Workshop Minutes Task 1.3 Project Management During the execution of this phase, CDM will provide project management oversight of all technical work. CDM's project manager will be responsible for coordinating and communicating with all members of the project team and the City as well as be fully involved in the development of all deliverables created under this phase. CDM's project manager will also provide summary status updates to the CITY's project manager with its invoice. CDM will provide a schedule update at the completion of this phase. Additionally, CDM's project manager will participate in up to one (1) monthly CIP Review Meeting with CITY staff to present the current status of the project. Task 1.3 Deliverables 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Task 1.4 Quality Management All CDM projects must adhere to rigorous guidelines outlined in our written Quality Management Procedures (QMP). The QMPs cover detailed procedures related to project startup, execution, construction and close-out. CDM's quality processes include formal review and cross-checking activities designed to deliver a quality product. For example, CDM will conduct formal Technical Review Committee (TRC) sessions as part of these activities with senior CDM technical specialists that are not involved in the day-to-day execution of the project. This allows for an unbiased opinion which we find helps bolster the overall quality of the project. CDM will adhere to its QMP-1 procedures for this phase of the proj ect. -Task 2 DESIGN PHASE Task 2.1 Geotechnical Investigation CDM will review existing geotechnical data for the expansion site and pipeline route prior to beginning geotechnical investigations. The purpose is to determine the suitability of this data for use in conjunction with this project and to reduce data collection efforts. The scope presented in the following paragraphs, assumes the original expansion will proceed as designed previously by others. CDM may revise this scope and budget based on the outcomes and decisions made during Phase I. CDM will perform the geotechnical analysis through its sub-consultant, Driggers Engineering Services, Inc. Item # 33 Attachment number 1 Page 7 of 23 Task 2.1.1 Site Geotechnical Investigation CDM, through its subconsultant (Driggers Engineering Services, Inc.) will conduct a geotechnical investigation for the proposed improvements to the project site. At this time, the site configuration is unknown and the scope presented below represents CDM's estimate based on information available at the time of preparing this scope of services. Review any previous geotechnical investigations, provided by the CITY, at the proposed WTP site. Perform additional subsurface explorations at the proposed WTP site necessary for the development of design criteria for the anticipated new structures. We anticipate three (3) new Standard Penetration Test (SPT) borings to a depth of 35-feet around the perimeter of the new tank and one (1) SPT to a depth of 75-feet at the proposed center of the new tank. Additionally, one (1) day of Flat Dilatometer Soundings have been budgeted in locations selected based on the results of the SPT borings. This tool provides for a more reliable prediction of settlement potential and will be advanced to a nominal depth of 30-feet. 2. At this time, we do not anticipate the need for additional borings for the tank to be sited within the footprint of the existing 5MG tank due to the fact that the new loads would be equal to or less than the present loading conditions. 3. Two (2) SPT borings advanced to a nominal depth of 25-feet are planned for the structural addition. For the stormwater modifications, a single SPT boring to a depth of 20-feet is anticipated and a single Double Ring Infiltration (DRI) test for the proposed stormwater modifications. The DRI test depth is assumed to be 3- feet or less below present grade. 4. Perform grain size analyses and Atterberg limits along with moisture content tests and organic content tests where applicable. One-dimensional consolidation tests will be performed on samples from potentially compressible strata to facilitate settlement analyses. 5. Summarize the results of the geotechnical investigations, logs, and tests, and provide recommendations for surface preparation and design of the proposed structures. Task 2.1.2. Pipeline Route Geotechnical Investigation CDM, through its subconsultant (Driggers Engineering Services, Inc.) will conduct a geotechnical investigation for the proposed pipeline route. For the roughly 2-miles of pipeline, an investigation program would include boring at nominal intervals not exceeding about 500-feet along the route. It is anticipated that there will be several instances of jack and bores and/or horizontal directional drills (HDD). As such, twenty-five (25) SPT borings to an average nominal depth of 20-feet are planned. Ten (10) pavement cores and patches are also included, as Item # 33 Attachment number 1 Page 8 of 23 is a laboratory analysis, as appropriate, which includes: grain size analysis, Atterberg limits, organic content, and corrosivity. The results of the geotechnical investigations, logs, and tests will be summarized in a report along with recommendations for utility construction and backfill. Task 2.1 Deliverables 1. Three (3) copies of "Final" site geotechnical report 2. Three (3) "Final" pipeline route geotechnical report Task 2.2 Survey CDM will review existing survey data for the expansion site and pipeline route prior to beginning surveying activities. The purpose is to determine the suitability of this data for use in conjunction with this project and to reduce data collection efforts. The scope presented in the following paragraphs, assumes the original expansion will proceed as designed previously by others. CDM may revise this scope and budget based on the outcomes and decisions made during Phase I. CDM will perform the survey through its sub-consultant, Florida Design Consultants, Inc. Task 2.2.1 Project Site Topographic Survey CDM will provide the following services related to a topographic survey of the plant expansion site through a subcontractor. CDM will review previous topographic and boundary mapping, provided by the CITY, of the proposed WTP site expansion and new tank location and recommend additional necessary surveying, if necessary. For budgeting purposes, CDM assumes a boundary and topographical survey will be required for 5.0 acres (+/-) of the project site. This area encompasses the existing plant and extends to approximately the fencelines of the existing ball fields. The City has expressed a strong desire to avoid impacting the existing ball fields during construction, therefore, the fencelines represent the absolute limits. Should impacts to the ball fields be necessary to achieve the project goals, then additional survey and fee will be required.. The survey will determine locations and elevations of existing structures, improvements (e.g. fences, utilities, invert elevations, pipe sizes and pipe material if obtainable, specimen trees 4-inch and larger diameter at breast height), roadways, visible/marked utilities and storm drains, adjacent property lines, and horizontal and vertical control for construction. The survey will also include surface elevations on a 50-ft grid or equivalent, swales, ditches, top bank, toe of slope and water elevation, if any. Task 2.2.2 Pipeline Right of Way Survey Item # 33 Attachment number 1 Page 9 of 23 CDM through its sub-consultant will prepare a certified Topographic Survey in accordance with Florida State Statutes Governing Surveying and Mapping of the apparent existing rights-of-way. For this design, CDM and the CITY assume that the pipeline routes are within established rights of way and land acquisition for the pipelines is not required; therefore, a specific purpose survey is not required. If a specific purpose right of way survey is required, it will be considered additional scope. Where possible, existing found monumentation along the corridor will be located and shown on the Topographic Survey in order to show the existing occupation Right-of-Way line for informational purposes only. Adjacent ownerships and their ownership deeds, together with easements and right of way deeds that establish the right of way will be supplied by the CITY. The topographic survey will include surface elevations on a 100-ft grid or equivalent, swales, ditches, top of bank, toe of slope and water elevations if any, improvements with visible evidence above ground and utilities, invert elevations, pipe sizes and pipe material if obtainable and specimen trees 4-inches and larger diameter at breast height. Benchmarks will be located within the project area. Horizontal and vertical control monumentation will be set along the pipeline corridor such that it may be used for future construction staking and record surveys. CDM through its sub-consultant will also conduct a subsurface locate of existing utilities. The subsurface utilities will be designated using a combination of ground penetrating radar (GPR) and vacuum locates. The GPR will provide an electronic depth of these utilities and such utilities will be painted and flagged every 100 LF for survey. Additionally, vacuum locates will be performed along the route at 500 LF intervals and at intersections. Since the total number of vacuum locates is unknown, CDM has budgeted an allowance of $30,000.00 to cover up to 92 individual locates for the project, including the plant site, if needed. Anticipated utilities are gas, water, sewer, cable, plant water, process and chemical lines, and electrical. Task 2.2 Deliverables 1. Six (6) copies of site survey, plus electronic copy 2. Six (6) copies of Right of Way survey plus electronic copy 3. One (1) copy of signed and sealed Surveyors Report plus electronic copy Task 2.3 Plant Expansion Preliminary Design Report CDM will prepare a Preliminary Design Report for the Plant Expansion. For the purposes of this scope and fee, CDM assumes the expansion will be as described Phase I, Task 2. Significant deviations from this assumption may result in additional scope, and CDM will notify the CITY in writing immediately. Please Item # 33 Attachment number 1 Page 10 of 23 note that the PDR will serve as the primary supporting document for the permitting of the water treatment plant components. The CDM will provide the following services related to the preparation of a draft PDR: 1. Prepare a preliminary hydraulic profile to confirm necessary piping sizes pipeline pressures. 2. Prepare process design criteria (e.g. feed pressures, skid sizing) based on actual raw water quality (provided by others), computer software process projections, and dialogue with membrane element manufacturers. 3. Establish revised floor plan for the Membrane Building and site plan for added elements (e.g. pressure filters) and other required facilities (e.g. storage tanks, concentrate pump station). 4. Prepare preliminary architectural plans and elevation drawings to show building/structures style and interior/exterior materials. Prepare a preliminary, revised site layout (30-percent design drawings) showing expansion location, landscaping, grading, roadways, equipment, structures and demolition areas. Modifications to the stormwater system will also be provided. 6. Prepare new and revised yard-piping layouts, including the new concentrate disposal pipeline and gravity sewer modifications. 7. Based upon the geotechnical report, develop design criteria for tank and building foundations, select the structural system, and determine appropriate design codes and structural load. Develop a preliminary process instrumentation and control diagram (P&ID) with schematic to show recommended control and monitoring system configuration and single line electrical diagrams. 9. Develop preliminary concentrate pump station layout, electrical requirements, siting, initial head and motor sizing. 10. Develop a preliminary schedule for design, construction, and required demolition. The schedule will identify major tasks and milestones. 11. Table of contents for technical specifications and major equipment data sheets. Item # 33 Attachment number 1 Page 11 of 23 CDM will prepare and submit three (3) copies of the draft PDR to CITY for review and comment. CDM will prepare for and participate in a Review Workshop (See Task 2.5) with CITY staff concerning the draft PDR. CDM will receive comments from the CITY at this Workshop concerning the draft PDR and prepare the final PDR for CITY approval. Task 2.3 Deliverables 1. Three (3) copies of draft PDR and PDF file 2. Three (3) copies of final PDR 3. One (1) CD with PDF of final PDR Task 2.4 Concentrate Pipeline Preliminary Design CDM will prepare a preliminary design for the concentrate pipeline which will include the results of the geotechnical investigation and survey in Tasks 2.1 and 2.2 respectively. During review of the survey and alignment, CDM will identify any easements and acquisition that may be required in conjunction with this project. CDM can assist the CITY in the acquisition of land and easements as additional scope, if desired. The preliminary design will include a hydraulic analysis. CDM will also conduct a surge analysis of the concentrate pipeline and recommend surge control and attenuation facilities as appropriate. CDM will also prepare a table of contents for the technical specifications as part of this task. CDM will prepare and submit six (6) copies of the Concentrate Pipeline Preliminary Design to CITY for review and comment. CDM will prepare for and participate in a Review Workshop (See Task 2.5) with CITY staff concerning the draft Preliminary Design. CDM will receive comments from the CITY at this Workshop concerning the draft Preliminary Design and prepare the final Preliminary Design for CITY approval. Task 2.4 Deliverables 1. Six (6) copies of draft Concentrate Pipeline Preliminary Design 2. Six (6) copies of final Concentrate Pipeline Preliminary Design Task 2.5 Design Review Workshops CDM will prepare and conduct up to two (2) Design Review Workshops with the CITY staff to obtain feedback on the PDR and Concentrate Preliminary Design. The primary goal of the Workshop is to finalize outstanding design issues in preparation to begin the subsequent design phase (e.g. 60-percent design). CDM will prepare minutes from the Workshop and incorporate the appropriate comments into the deliverables. The CITY understands that CDM will not proceed with final design efforts until the designs and Workshop minutes are approved by the CITY. Item # 33 Attachment number 1 Page 12 of 23 Task 2.5 Deliverables 1. PDR Workshop Minutes 2. Concentrate Pipeline Preliminary Design Workshop Minutes Task 2.6 Public Meetings CDM understands the CITY desires to have public involvement in the design process. CDM will attend one (1) public meeting related to the Plant expansion. CDM will provide up to three (3) poster boards and two (2) project engineers (one of which will be the Proj ect Manager or Project Principal) attend the meeting. CDM also anticipates attendance at one (1) CITY Council meeting may be required to answer questions about the project. CDM assumes CITY staff will create and present any materials required for this meeting. Task 2.6 Deliverables 1. Three (3) poster boards to be used at meeting sessions Task 2.7 Project Management During the execution of this phase, CDM will provide project management oversight of all technical work. CDM's project manager will be responsible for coordinating and communicating with all members of the project team and the City as well as be fully involved in the development of all deliverables created under this phase. CDM's project manager will also provide summary status updates to the CITY's project manager with its invoice. CDM will provide a schedule update at the completion of this phase. Additionally, CDM's project manager will participate in up to one (1) monthly CIP Review Meeting with CITY staff to present the current status of the project. Task 2.7 Deliverables 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Task 2.8 Quality Management All CDM projects must adhere to rigorous guidelines outlined in our written Quality Management Procedures (QMP). The QMPs cover detailed procedures related to project startup, execution, construction and close-out. CDM's quality processes include formal review and cross-checking activities designed to deliver a quality product. For example, CDM will conduct formal Technical Review Committee (TRC) sessions as part of these activities with senior CDM technical specialists that are not involved in the day-to-day execution of the project. This allows for an unbiased opinion which we find helps bolster the overall quality of the project. CDM will adhere to its QMP-1 procedures for this phase of the proj ect. Item # 33 Attachment number 1 Page 13 of 23 Task 3 FINAL DESIGN PHASE Task 3.1 Plant Expansion Design CDM will prepare final construction drawings and technical specifications suitable for inviting construction bids for this project. For the purposes of this scope and fee, CDM assumes the expansion will be as described Phase I, Task 2. Significant deviations from this assumption may result in additional scope and CDM will notify the CITY in writing immediately. The technical specifications will utilize the CSI format. The design will be complete including site improvements, landscaping, irrigation, building, appurtenances, process equipment, accessories, wiring, piping, foundations, substructures, electrical controls, instrumentation, metering and mechanical facilities. The design will also include detailed drawings, specifications, tables, charts, and schedules as may be necessary. CDM's proposed fee is based on an assumed number of drawings, totaling 46 sheets. Substantial deviations from this list (e.g. new requirements derived from the Evaluations in Part I of this Scope) will be considered additional scope. CDM assumes the Front-End division of the contract documents will be provided by the CITY for CDM's use. At approximately the 60-percent and 90-percent completion levels of the contract documents, CDM will submit six (6) sets of progress drafts of said documents to the CITY for review. CDM will schedule review meetings and address appropriate CITY review comments. At these design milestones, CDM will prepare an Engineers Opinion of Probable Construction Cost. CDM will submit two (2) sets of signed and sealed contract documents to CITY staff one-week prior to the initial bid advertisement for the contract. CDM will provide the CITY with an electronic copy of the documents in PDF format and AutoCAD. The design plans shall be compiled using one of the following two methods: 1) The CITY of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and CITY of Clearwater standards for the design portion. Task 3.1 Deliverables 1. Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. two(2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.2 Concentrate Pipeline Design Item # 33 Attachment number 1 Page 14 of 23 Utilizing the design concepts developed and approved in preliminary design, CDM will prepare final construction drawings and technical specifications suitable for inviting construction bids for this project. The technical specifications will utilize the CSI format. The design will be complete including the pipeline alignment, profile, appurtenances, and ancillary structures. The design will also include detailed drawings, specifications, tables, charts, and schedules as may be necessary. CDM's proposed fee is based on an assumed number of drawings, totaling 25 sheets. This assumes a scale of 1:20 with two (2) plan views per sheet with section views at conflicts as well as some enlarged details at certain complex utility and road way crossings at a scale of up to 1:10. Substantial deviations from this list (e.g. new routes resulting in additional sheets as derived from the Evaluations in Part I of this Scope) will be considered additional scope. CDM assumes the Front-End division of the contract documents will be prepared by the CITY for CDM's use. At approximately the 60-percent and 90-percent completion levels of the contract documents, CDM will submit six (6) sets of progress drafts of said documents to the CITY for review. CDM will schedule review meetings and address appropriate CITY review comments. At these design milestones, CDM will prepare an Engineers Opinion of Probable Construction Cost. CDM will submit two (2) sets of signed and sealed contract documents to CITY staff one-week prior to the initial bid advertisement for the contract. CDM will provide the CITY with an electronic copy of the documents in PDF format and AutoCAD. The design plans shall be compiled using one of the following two methods: 1) The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and City Of Clearwater standards for the design portion. Task 3.2 Deliverables 1. Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. Two (2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.3 Permitting Task 3.3.1 Plant Expansion Environmental Resource Permit (ERP) CDM will attend one (1) pre-application meeting at the SWFWMD to discuss the proposed improvements with the SWFWMD. The CITY will be invited to attend Item # 33 Attachment number 1 Page 15 of 23 the pre-application meeting. This task also includes research at the SWFWMD for permit information related to the existing Environmental Resource Permit on- site. CDM will prepare the application for an Environmental Resource Permit for the plant site to the SWFWMD. Based on preliminary research by CDM, it appears that an existing ERP exists for a portion of the site. This task seeks to modify the existing ERP and permit the remaining site not covered under the existing ERP. This scope anticipates that an Individual ERP for construction will be required. It is assumed that existing wetlands or surface water are not present and will not be impacted. It is assumed that permitting through the United States Army Corps of Engineers (ACOE) is not needed. CDM will prepare the application for an ERP for the plant site to the SWFWMD. The ERP will include stormwater and environmental evaluations. The stormwater evaluation will consider drainage patterns, peak stages and flows, and other permit criteria. CDM will submit permit applications to the CITY for review and comment. CDM will revise the applications based on the CITY's comments and submit to SWFWMD for review and approval. CDM assumes all permit fees will be covered by the CITY. CDM has budgeted for one (1) Request for Additional Information (RAI) in the scope of services. It is anticipated that any permits needed for dewatering or NPDES will be obtained by the construction contractor. Task 3.3.2 Plant Expansion Potable Water Systems Components Permit CDM will prepare the application for a Specific Permit to Construct PWS Components including furnishing all required data, drawings, and other requested information as required by Florida Department of Environmental Protection (FDEP) regulations and guidelines. It is assumed that the Specific Permit to Construct PWS Components can be obtained using the Engineering Report as described elsewhere in this Scope of Services and as allowed by Chapter 62-555, Florida Administrative Code. CDM, in conjunction with CITY staff, will prepare for and attended a pre-application meeting with FDEP. CDM will submit permit applications to the CITY for review and meet with the CITY as required to discuss the CITY's review comments. CDM will revise the application and/or supporting documentation as required and submit to the FDEP for review and approval. CDM has budgeted for one (1) RAI in the scope of services. Task 3.3.3 Pipeline Permits CDM will prepare and submit applications for a Potable Water Systems Components and an Environmental Resource Permit (ERP) for the concentrate disposal pipeline. CDM anticipates this will be done at the 60-percent design level. CDM assumes the pipeline qualifies for a Noticed General ERP under FAC 62-341 and the pricing of this task reflects this level of effort. Item # 33 Attachment number 1 Page 16 of 23 Additionally, CDM will prepare and submit Right-of-Way Use permit applications for pipelines only to the following affected entities: Florida Department of Transportation (FDOT), Pinellas County, and the CITY. If required, CDM will also submit the concentrate disposal pipeline plans and specifications to Progress Energy for review and comment to support a Right of Way Use agreement between the CITY and Progress Energy. The CITY is responsible for any review fees required by Progress Energy or other permitting entity. CDM does not anticipate that a Drainage Connection Permit from the FDOT will be required. CDM does not anticipate that permitting for the pipeline will be required through the ACOE. CDM assumes no RAIs will be involved in these processes and that only minor clarifications will be involved. CDM assumes that minor clarifications will apply to information submitted and can be addressed via phone calls and electronic mail without additional graphics, calculations or other supporting materials. Task 3.3.4 Building Permit Support CDM will submit two (2) signed and sealed sets and six (6) copies of drawings and specifications to the CITY, who will file a Building Permit application with the CITY's Building Department. CDM will assist the CITY by responding to requests for additional information during this process. CDM has budgeted a labor and expense allowance of $5,000.00 to assist with this task. Task 3.3 Deliverables 1. Two (2) copies of draft and final Plant ERP application 2. Two (2) copies of draft and final Plant PWS application 3. Two (2) copies of draft and final Pipeline ERP, Right-of-Way Use, and Progress Energy permit applications 4. Respond to Building Department RAI's as applicable and within established allowance. Task 3.4 Design Review Meetings Upon submittal of draft contract documents at set milestones, CDM will hold a design review meeting with CITY staff to discuss and address comments related to the design. At this time, CDM anticipates up to four (4) such meetings at the 60- percent and 90-percent levels for the plant expansion and concentrate disposal pipeline, respectively. CDM will prepare minutes of the meetings and incorporate the appropriate comments into the deliverables. The CITY understands that CDM will not proceed with additional design phases until the designs and meeting minutes are approved by the CITY. Item # 33 Attachment number 1 Page 17 of 23 Task 3.4 Deliverables 1. 60-percent and 90-percent Plant Design Review Meeting Minutes 2. 60-percent and 90-percent Concentrate Pipeline Design Review Meeting Minutes Task 3.5 Public Meetings CDM understands the CITY desires to have public involvement in the design process. CDM will attend one (1) public meeting related to the Concentrate Disposal Pipeline. CDM will provide up to three (3) poster boards and two (2) project engineers (one of which will be the Project Manager or Project Principal) attend the meeting. CDM also anticipates attendance at one (1) CITY Council meeting may be required to answer questions about the project. CDM assumes CITY staff will create and present any materials required for this meeting. Task 3.5 Deliverables Three (3) poster boards to support public meeting Task 3.6 Project Management During the execution of this phase, CDM will provide project management oversight of all technical work. CDM's project manager will be responsible for coordinating and communicating with all members of the project team and the City as well as be fully involved in the development of all deliverables created under this phase. CDM's project manager will also provide summary status updates to the CITY's project manager with its invoice. CDM will provide a schedule update at the completion of this phase. Additionally, CDM's project manager will participate in up to one (1) monthly CIP Review Meeting with CITY staff to present the current status of the project. Task 3.6 Deliverables 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Task 3.7 Quality Management All CDM projects must adhere to rigorous guidelines outlined in our written Quality Management Procedures (QMP). The QMPs cover detailed procedures related to project startup, execution, construction and close-out. CDM's quality processes include formal review and cross-checking activities designed to deliver a quality product. For example, CDM will conduct formal Technical Review Committee (TRC) sessions as part of these activities with senior CDM technical specialists that are not involved in the day-to-day execution of the project. This allows for an unbiased opinion which we find helps bolster the overall quality of Item # 33 Attachment number 1 Page 18 of 23 the project. CDM will adhere to its QMP-1 procedures for this phase of the proj ect. Task 4 BIDDING PHASE Task 4.1 Bidding Support For each of the contract documents (Plant Expansion and Pipeline Construction), CDM will provide the following support during bidding: 1. Answer up to three (3) Requests for Information (RFI) questions posed by prospective bidders according to the guidelines established in the Contract Document for each Contract. 2. Provide up to two (2) personnel to attend the pre-bid meeting and pre-bid site visit for each Contract. For budgeting purposes, CDM assumes the pre-bid meeting and site visit for the plant work will take place at the same time and no site visit is required for the pipeline project. 3. Prepare and distribute up to two (2) Addenda to plans and specifications prior to receipt of bids for each Contract. 4. Assist the CITY in analyzing the bids received. CDM understands the CITY will prepare certified bid tabulations for each contract. 5. For the apparent low bidder for each Contract, obtain and evaluate information and qualifications submittals required by the Contract Documents (re: subcontractors, certification and license, experience and financial statements, etc.) 6. Recommend award for contract to the lowest responsive, responsible bidder for each contract. Task 4.1 Deliverables 1. Two (2) addenda per contract as required 2. Recommendation of award letter 3. PROJECT GOALS: The following deliverables will be developed during the respective phases of the proj ect: Pre-Design Deliverables: Task 1.1 Deliverables (Project Initiation) 1. Meeting Minutes 2. Baseline Project Schedule Task 1.2 Deliverables (Evaluation) 1. Electronic Draft Technical Memorandum 2. Three (3) copies of the Final Technical Memorandum 3. Workshop Minutes Item # 33 Attachment number 1 Page 19 of 23 Task 1.3 Deliverables (Project Management) 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Design Deliverables: Task 2.1 Deliverables (Geotechnical Investigations) 1. Three (3) copies of "Final" site geotechnical report 2. Three (3) copies of "Final" pipeline route geotechnical report Task 2.2 Deliverables (Survey) 1. Six (6) copies of site survey, plus electronic copy 2. Six (6) copies of Right of Way survey plus electronic copy 3. One (1) copy of signed and sealed Surveyors Report plus electronic copy Task 2.3 Deliverables (Plant Preliminary Design Report) 1 Three (3) copies of draft PDR and PDF file 2 Three (3) copies of final PDR 3 One (1) CD with PDF of final PDR Task 2.4 Deliverables (Pipeline Preliminary Design Report) 1. Six (6) copies of draft Concentrate Pipeline Preliminary Design 2. Six (6) copies of final Concentrate Pipeline Preliminary Design Task 2.5 Deliverables (Design Workshops) 1. PDR Workshop Minutes 2. Concentrate Pipeline Preliminary Design Workshop Minutes Task 2.6 Deliverables (Public Meetings) 1. Three (3) poster boards to be used at meeting sessions Task 2.7 Deliverables (Project Management) 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Final Design Deliverables: Task 3.1 Deliverables (Plant Expansion) 1. Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design 4. 90-percent Engineers Opinion of Probable Construction Cost 5. two(2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.2 Deliverables (Concentrate Pipeline) 1. Six (6) copies of the 60-percent design 2. 60-percent Engineers Opinion of Probable Construction Cost 3. Six (6) copies of the 90-percent design Item # 33 Attachment number 1 Page 20 of 23 4. 90-percent Engineers Opinion of Probable Construction Cost 5. Two (2) sets of signed and sealed contract documents 6. One (1) CD containing a PDF of the final specification and AutoCAD files of plan set. 7. Final Engineers Opinion of Probable Construction Cost Task 3.3 Deliverables (Permitting) 1. Two (2) copies of draft and final Plant ERP application 2. Two (2) copies of draft and final Plant PWS application 3. Two (2) copies of draft and final Pipeline ERP, Right-of-Way Use, and Progress Energy permit applications 4. Respond to Building Department RAI's as applicable and within established allowance. Task 3.4 Deliverables (Design Review Meetings) 1. 60-percent and 90-percent Plant Design Review Meeting Minutes 2. 60-percent and 90-percent Concentrate Pipeline Design Review Meeting Minutes Task 3.5 Deliverables (Public Meetings) 1. Three (3) poster boards to support public meeting Task 3.6 Deliverables (Project Management) 1. Summary Status Reports with Invoices 2. End of Phase Schedule Update Bidding Phase Deliverables Task 4.1 Deliverables (Bidding Support) 1. Two (2) addenda per contract as required 2. Recommendation of award letter 4. BUDGET: Attachment B includes a cost table that depicts the total cost per task and/or phase for these engineering services. This price includes all labor and expenses (note that expenses have been reduced based on the assumption that many deliverables will be presented electronically and that on-line collaboration will reduce overall travel and mailing expenses) anticipated to be incurred by Camp Dresser & McKee, Inc. for the completion of these tasks, on a time and materials basis, using a labor cost times a multiplier of 3.1 and a 1.0 multiplier for expenses and subconsultants, for a fee not to exceed One Million one Hundred eighty thousand eight hundred and sixty-seven Dollars ($1,180,867), without prior written consent. The permit application fees will be paid by the consultant and invoiced to the CITY as a reimbursable. 5. SCHEDULE: The project is to be completed 9 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Item # 33 Attachment number 1 Page 21 of 23 Technical Memorandum 45 calendar days Preliminary Design Report 40 calendar days 60% construction plans and permit applications 75 calendar days 90% construction plans 50 calendar days Final construction documents 30 calendar days Bidding 30 calendar days 6. STAFF ASSIGNMENT (Consultant): CDM's key staff members on this project will be Michael P. Smith (Principal-In-Charge), Michael J. Carballa (Project Manager), Dr. Colin Hobbs (Lead Process Designer), Dr. Donald Thompson (Process Technical Reviewer) and Gina Cashon (Lead Civil Designer). 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Mike Carballa. All CITY project correspondence shall be directed to Lan-Anh Nguyen with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Deb Lutz, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to fee schedule. Contingency services will be billed as incurred only after written authorization provided by the CITY to proceed with those services. City Invoicing Code: _0376-96764-531300-533-000-0000 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: None PREPARED BY: Michael P. Smith Vice President Camp Dresser & McKee Inc. APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Date Item # 33 Attachment number 1 Page 22 of 23 ' 0 L Clearwater 0 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing the following methods. 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3d file format. If not available Land Desktop files are still acceptable, however the City or Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahonygmyclearwater.com ? All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 33 Attachment number 1 Page 23 of 23 Attachment B CITY OF CLEARWATER RO Plant #1 Expansion PROJECT BUDGET CDM Task Description Subconsultant Services Labor Total I Pre-Design Task 1.1 Project Initiation $ 7,640 Task 1.2 Evaluation $ 88,210 Task 1.3 Project Management $ 8,400 Task 1.4 Quality Management $ 5,080 S 109,330 2 Design Task 2.1 Geotechnical Investigation $ 36,000 $ 3,600 Task 2.2 Survey $ 93,485 $ 6,640 Task 2.3 Preliminary Design Report $ 95,860 Task 2.4 Concentrate Pipeline Preliminary Design $ 31,160 Task 2.5 Design Review Workshops $ 7,900 Task 2.6 Public Meetings $ 6,240 Task 2.7 Project Management $ 24,840 Task 2.8 Quality Management $ 13,440 S 319,165 HI Final Design Task 3.1 Plant Expansion Design $ 349,840 Task 3.2 Concentrate Pipeline Design $ 149,300 Task 3.3 Permitting $ 72,680 Task 3.4 Design Review Meetings $ 7,560 Task 3.5 Public Meetings $ 6,240 Task 3.6 Project Management $ 44,200 Task 3.7 Quality Management $ 23,000 $ 652,820 IV Bidding Support Task 4.1 Bidding Support $ 42,370 $ 42,370 Subtotal, Labor and Subcontractors $ 1,123,685 Other Direct Costs (prints, photocopies, travel, etc. $ 57,182 Grand Total S 1,180,867 Item # 33 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Supplemental Work Order 1 to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to provide additional engineering design and permitting services for the Spring Branch Conveyance Enhancements Project for the lump sum of $30,599 and authorize the appropriate officials to execute same.(consent) SUMMARY: On August 21, 2008, Council approved a work order to Malcolm Pirnie, Inc. in the amount of $202,052.30 to design an erosion and flood protection project for Spring Branch of Stevenson Creek. Although the project was similar to other recent projects, the US Army Corps of Engineers would not approve a permit because the design was designated an impoundment based on revised regulations. The additional design cost for the modifications is $30,599 for a total cost of $232,651.30. The purpose of the Spring Branch Conveyance Enhancements Project is to reduce flooding in the area of Byram Drive and Flora Drive east of King's Highways. Additional scope and change in design are as follows: Analyze and evaluate the feasibility of the new design concept to ensure meeting the revised design criteria of Army Corps of Engineers. Prepare revised plans. Re-apply for the Army Corps of Engineers Environmental Resource Permit (ERP). Obtain the permits for the US Army Corps of Engineers and the SWFWMD for the revised design. Sufficient budget is available in Capital Improvement Program project 0315-96166, Spring Branch Enhancement Project to provide funding for the Supplemental. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $30,599.00 Not to Exceed: $30,599.00 For Fiscal Year: 2009 to 2010 Budget Adjustment: No Annual Operating Cost: Total Cost: $30,599.00 Cover Memo Appropriation Code Amount Appropriation Comment Item # 34 0315-96166-561200-539- $30,599.00 See Summary 000-0000 Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 34 Attachment number 1 f':?cc ^. of ^. Q 11 J PALM ST F1 W Q ARBELIA BERMUDA ST = Channel Improvement Approx. 700 L.F. J Uo z?J WOODLAWN a- SEDEEVA CIR N ? D J QO Q CIR S BERTLAND STATE ALOHA U') O M D U Uj co W U SHERIDAN w z z 2 O m DO W U U 75 CR-576 w C7 Z nrl 0- U) ~ Ll H Ll w z DR 1?\ I d TER ST nrl 0 0 VISTA WAY 0 w Q Z F1 Detention Basin Approx. 3.5 Acres U Q ? CAROLYN C7 O 0 m m J W Of Z Of ST w 0 of a z IU ? =U¢ 0 N Ridgelan Cir Q S W Ridgelan Q Cir RD w z W Q E2 U) Talisker to M ry U DR B??PM RD Of O lr_ m O LL Highland z Q U Cir Y m z Q WILSO N RD -1j: SUNSET SPRING LA Q THAMES LA 0 DO -j LL n o JOEL LA U '-FBENTLEY OTTEN HEAVEN SANDY LA SENT LA w 0 0 MARY L RD F SANDY ROSEM L Clearwater Prepared by: Engineering Department Geographic Technology Division Spring Branch Conveyance Enhancement N W E S 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)56 , Fax: 26-4755 www.MyCMyCl learwaterer.co com Map Gen By: SF Reviewed By: PV Date: 7/29/2008 Grid #: 251 B e S-T-R: 03-29s-15e m # 34 ' Scale: 1"=600 BY R9\ ERIN ST GREENL z O CAROLYN U) w SANDY- Attachment number 2 Page 1 of 6 CITY OF CLEARWATER ENGINEERING DEPARTMENT SUPPLEMENTAL WORK ORDER FORM Date: August 25, 2010 Project Number: 5817004 City Project Number: 02-0032-EN 1. PROJECT TITLE: Spring Branch Conveyance Enhancements (Re-design) 2. SCOPE OF SERVICES: Background Malcolm Pirnie, Inc. was retained by the City to provide design, permitting and construction administration services to implement portions of Project 1A and Project 1C of the "Spring Branch Watershed Management Plan - Draft Final Report", dated June 2001, as prepared by Parsons Engineering Science, Inc. The design has advanced to a stage of approximately 70% completion and an ERP permit has been secured from the Southwest Florida Water Management District (SWFWMD). This project also required an Individual Permit from the US Army Corps of Engineers (USACE). The USACE has reviewed the project and declined to offer permit approval based on the current on-line detention basin and channel-weir concept. Several unsuccessful meetings with the USACE have been held in an attempt to resolve these permitting issues. In an effort to move the project forward, the City has requested that Malcolm Pirnie provide a proposal to re-design and re-permit the project in order to provide for a design concept that the USACE has suggested and deems acceptable. This effort will require the design of an off-line detention basin configuration with a "bank full bench" included along the channel where it abuts the basin. The weir crossing the channel, as proposed under the current design, will be removed from the new design concept. It should be noted that it is possible that this new design concept may not meet regulatory requirements for pre-post impacts due to the anticipated reduction in detention area volume and no weir to control channel flow. Therefore, Malcolm Pirnie suggests a two- phase approach. Phase I will analyze and evaluate the feasibility of the new design concept and Phase II will implement the plan revisions and re-permitting if Phase I proves successful. Item # 34 Attachment number 2 Page 2 of 6 Phase I - Evaluation of Revised Concept a. Coordinate with the City for additional survey as required to establish a "bank full bench" elevation as requested by the USACE. This will include one site visit by Pirnie staff to meet with surveyors on-site. b. A review and evaluation will be made of the survey data, photographs and field indicators by a Malcolm Pirnie Sr. Environmental Scientist in order to establish a "bank full" elevation that is acceptable to the USACE. c. A new off-line flood detention basin will be designed incorporating a "bank full bench" at the established "bank full" elevation along the existing channel. A typical cross-section of the new channel and basin area will be developed for USACE review. The design will incorporate the City's request that the flood detention basin be as dry as possible. Therefore, it is anticipated that the basin's bottom elevation will need to be well above the adjacent mitigation bank's normal pool elevation (El. 5.73 NAVD). d. The new design configuration will be submitted to the USACE for conceptual review and approval. One meeting will be held with the USACE to review the concept and fine-tune the design as required. e. The current ICPR stormwater model will be updated to include the new basin configuration and revised channel sections. It should be noted that this new design concept will potentially yield less available attenuation volume than the current design. Due to this potential loss in attenuation volume, it may be necessary to narrow the proposed channel widths upstream of the detention basin (to Kings Highway) in order to throttle the channel flow to meet pre-post requirements. It is anticipated that various combined design scenarios (detention basin with channel sections) will need to be evaluated, thus requiring numerous iterative modeling runs. f. After modeling is completed, a meeting will be held with the City to present the revised design concept modeling results. With this information in hand, the City will be able to determine whether to proceed to Phase II. Phase II - Re-design / Permitting a. After receiving directive from the City to proceed to Phase II, a meeting will be scheduled and attended at SWFWMD's Tampa Service Office to present the revised design and discuss permit modification requirements. b. Plans will be revised to incorporate the new design concept. Existing sheets 4 - 13 will be revised as required. Approximately 10 new cross-sections (3 new sheets) will be added to cover the channel along the new "bank full bench" area of the channel. One new detail sheet is anticipated for additional details related to the revised detention basin configuration. c. Planting details and specifications will be added for the transitional plantings along the side banks of channel that have been requested by the USACE. Item # 34 Attachment number 2 Page 3 of 6 3.. 4. 5. d. Coordination and one additional permitting submittal will be made to the USACE. All revised plans will need to be re-formatted for USACE to 8.5 x 11 size (same as previous submittal). It is assumed that one additional RAI response to the USACE will be required. e. A permit modification package along with review fee will be submitted to SV;FWMD. This will include narrative revisions, new tables/results and new model input/output. It is assumed that one additional RAI response to SWFWMD will be required. f. 90% level review plans will be submitted to City for review. Assumptions: ¦ City will furnish all survey services required to complete the additional services. ¦ Evaluation and re-design will be comprised of the off-line / no-weir design concept that has been discussed with the USACE and described above. No additional design concept evaluations are included. BUDGET: Attachment A depicts the total cost per task and/or phase for these engineering services. The costs below include all labor and expenses anticipated by Malcolm Pirnie, Inc. for the completion of the above tasks, on a lump sum basis, for a fee of $30,599.00. Permit application fees will be paid by Malcolm Pirnie and invoiced to the City as a reimbursable expense. (These tasks/costs are for the re-design effort and are in addition to the original Spring Branch Work Order. Those original tasks/fees and scope shall remain in force and will be utilized). SCHEDULE: Phase I: Four (4) weeks from notice-to-proceed and receipt of additional survey data. Phase II: Five (5) weeks from directive to proceed to Phase II. Phase II work will result in a 90% plan submittal to City and permit re-submittals to the USACE and SWFWMD. STAFF ASSIGNMENT (Consultant): Malcolm Pirnie James Scholl, P.E. Carlton S. Serrette, P.E. Steven L. Jones Josh Coppola Patricia Stewart Sr. Associate (Engineer of Record) Project Manager Design CADD Administrative / Clerical Item # 34 Attachment number 2 Page 4 of 6 6. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Carlton Serrette, P.E. All City project correspondence shall be directed to Phuong Vo with copies to others as may be appropriate. 7. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering Department, and Attention: Deb Lutz, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to Billing Method B, Lump Sum and be billed as a percent complete of each task. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0315-96166-561200-539-000-0000 9. ENGINEER CERTIFICATION: Malcolm Pirnie shall certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from negligent errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate of Occupancy does not relieve me of my own quality assurance review. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. APPROVED BY: Date Michael D. Quillen, P.E. City Engineer City of Clearwater Date Item # 34 Malcolm Pirnie, Inc Attachment number 2 Page 5 of 6 ATTACEN ENT A CITY OF CLEARWATER Spring Branch Conveyance Enhancements Additional Work for Re-design PROJECT BUDGET Malcolm i i Task Description Labor Total 1.0 Phase I a. Meetings w/ City, coordinate survey, field meeting w/ surveyors $848 b. Sr. Env. Scientist - review, determine b full elevation $1,884 C. New detention basin design / develop b full typical section $1,696 d. Present design to USACE / Meeting to fine-tune design $565 e. ICPR Modeling of revised concept $4,565 f. Meeting / City to Present Results 24 Phase I Total $9,982 2.0 Phase II a. Coordination / SWFWMD - Pre-App tg for Permit o. $724 b. Revise plans (sts 4-13), add 3 new x-sect shts, 1 new detail sht $8,761 C. Planting details/specs for side banks per USACE requirement $2,355 d. A'1. USACE permitting/coordination / comments / submittals ,191 e. SWFWMD permit modification submittal / I responses $3,130 Phase II Total $19,161 Subtotal: Labor $29,143 Permit Review Fees: (SWFWMD Permit Modification Fee) $1,456 Grand Total ,599 Item # 34 Attachment number 2 Page 6 of 6 Clearwater .. 1 PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Attachment "B" CITY DELIVERABLES FORMAT The design or survey plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. An AutoCAD LandDesktop 3.0 or later drawing file with all dependent files shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tom.mahony@myclearwater.com All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 34 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Legal Service Agreement between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental issues in the amount of $50,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: Environmental Engineering wishes to engage Baker and Hostetler LLP to serve as legal counsel for addressing environmental contamination at the Joe DiMaggio Sports Complex and Brighthouse Networks Field sites. This is for the purpose of satisfying FDEP regulations and ultimately achieve regulatory closure of these sites. Sufficient budget is available in Capital Improvement Program project 0315-94803, Environmental Assessment and Cleanup to fund the agreement . Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: 50,000.00 Not to Exceed: $50,000.00 For Fiscal Year: 2009 to 2010 Budget Adjustment: No Annual Operating Cost: Total Cost: $50,000.00 Appropriation Code Amount Appropriation Comment 0315-94803-561000-539- $50,000.00 See Summary 000-0000 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 # 35 Attachment number 1 Page 1 of 3 LEGAL SERVICES AGREEMENT ("AGREEMENT") THIS AGREEMENT is entered into as of this 1 st day of July, 2010, by and between the CITY OF CLEARWATER, P.O. Box 4748, Clearwater, Florida 33758-4748 (the "City"), and the law firm of BAKER & HOSTETLER LLP, SunTrust Center, Suite 2300, 200 South Orange Avenue, Orlando, Florida 32801 ("Counsel"). WITNESSETH: WHEREAS, the City wishes to retain Counsel to serve as legal counsel on certain environmental issues; NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto hereby agree as follows: SECTION 1. AUTHORIZATION TO PROCEED AS COUNSEL. Counsel is hereby authorized to provide services as described in this Agreement and for the professional fees described in this Agreement. SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services to the City of Clearwater for the purpose of addressing the environmental contamination at the Joe DiMaggio Sports Complex site, the Brighthouse Networks Field, and other sites as necessary ("Sites"). Counsel's professional services will include coordinating with the City and the Florida Department of Environmental Protection for the remediation and ultimate closure of the Sites, engaging outside consultants, as otherwise approved by the City, and other actions reasonably necessary to comply with the laws and regulations applicable to, as well as the other legal obligations of, the City with respect to remediatiog these Sites. SECTION 3. TERM. The term of this Agreement shall be for one year, beginning on July 1, 2010, and shall expire on June 30, 2011 ("Term"). SECTION 4. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $330.00 per hour for attorney services for William L. Pence and other partners, and to a rate of $230.00 per hour for additional attorney services of Lyndie M. James. Professional fees for services shall not exceed $50,000.00 for the Term of this Agreement. SECTION 5. COMPENSABLE EXPENSES. Reimbursement of expenses shall be made by the City to Counsel for reasonable out-of-pocket expenses as determined by the City Attorney without markup, including but not limited to long distance calls and facsimiles, copying or reproducing documents, postage, court costs, parking costs and travel incurred by Counsel in performance of its duties hereunder. Travel and per diem costs as well as auto travel expenses shall not exceed that which is available to City employees. SECTION 6. INDEMNIFICATION AND INSURANCE. Counsel represents that it has expertise in the area of environmental issues and is competent to perform the duties required by this Agreement. Counsel agrees to protect, defend, indemnify and hold the City and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, 103499238.1 Item # 35 Attachment number 1 Page 2 of 3 settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or due to any negligent act or omission of Counsel, its employees, agents and subcontractors in connection with or arising directly or indirectly out of this Agreement and/or the performance hereof. Without limiting its liability under this Agreement, Counsel shall procure and maintain during the life of this Agreement professional liability insurance in an amount of $1,000,000. This provision shall survive the termination of this Agreement. SECTION 7. CONFLICT OF INTEREST. It is understood by City and Counsel that Counsel is not aware of any of Counsel's clients that currently present any conflict between the interests of the City and other clients of Counsel. If any potential conflict of interest arises during the time Counsel is representing the City, Counsel will promptly inform the City. The City is under no obligation to agree to authorize the conflict representation. SECTION 8. CONSTRUCTION AND AMENDMENTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be amended only by a writing duly entered into by the City and Counsel. SECTION 9. CANCELLATION OF AGREEMENT. The City may cancel or terminate this Agreement upon ten days advance written notice to Counsel. In the event of cancellation, Counsel shall immediately cease work hereunder and shall be reimbursed for eligible and documented reimbursable expenses incurred prior to the date of cancellation. Further, it is understood and agreed between the City and Counsel that William L. Pence will be the lead attorney assigned by Counsel to provide the services contained herein. The City, in its absolute discretion, may immediately terminate this Agreement upon written notice to Counsel if the services of this attorney are unavailable to the City. IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. CITY OF CLEARWATER, FLORIDA Approved as to form: Pamela K. Akin City Attorney By: Attest: William B. Horne, II City Manager Cynthia E. Goudeau City Clerk 103499238.1 2 Item # 35 Attachment number 1 Page 3 of 3 CP: Environmental General Miscellaneous BAKER & HOSTETLER LLP By: William L. Pence 103499238.1 3 Item # 35 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Cooperative Funding Agreement between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Brackish Facility at Water Treatment Plant 2 (N176); Approve a work order to SDI Environmental Services, Inc. (EOR) in the amount of $1,397,936.00 for hydrogeologic services related to the design and construction of a brackish-water wellfield; Approve a work order to Legette, Brashears and Graham, Inc. (EOR) in the amount of $140,026 for hydrogeological services related to design, permitting and implementation of a testing program for a concentrate injection well to be located at Water Treatment Plant 2; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater currently operates one Reverse Osmosis (RO) Water Treatment Plant, and is preparing to build a second RO plant located at 21133 N. US Hwy 19 withinthe City of Clearwater. A cooperative funding agreement (CFA) between the Southwest Florida Water Management District (SWFWMD) and the City of Clearwater provides for the design, permitting and construction of a brackish reverse osmosis (RO) facility at Water Treatment Plant (WTP) 2. SWFWMD and the City of Clearwater both anticipate that the total cost of the project will be $30,433,780. SWFWMD will reimburse up to 50% of all costs associated with this project up to a maximum of $15,216,890. SWFWMD agrees to fund up to a maximum amount not to exceed $15,216.890 of the project's estimated costs subject to the terms of the agreement. The City agrees to fund the remainder of the project's estimated cost, estimated to be $15,216,890. The project includes pilot testing and preliminary design, concentrate injection well, wellfield engineering design and water use permitting, wellfield construction, treatment plant design and permitting, plant construction, engineering construction services, contingency, and final project completion and certification. Original Project Budget Comparison: SWFWMD Share City Share Total Project Costs Pilot Testing and Preliminary Design Concentrate Injection Well $300,000 $300,000 $600,000 $750,000 $750,000 $1,500,000 Wellfield Engineering Design and WaterUse Permitting $500,000 $500,000 $1,000,000 Wellfield Construction $4,442,160 $4,442,160 $8,884,320 Treatment Plant Design and Permitting $865,910 $865,910 $1,731,820 Plant Construction $6,422,500 $6,422,500 $12,845,000 Engineering construction Services $673,580 $673,580 $1,347,160 Cover Memo Contingency It2111 # 36 $1,262,740 $1,262,470 $2,525,480 $15,216,890 $15,216,890 $30,433,780 SDI Environmental Services, Inc. (SDI) will provide professional hydrological services for the design and construction of a brackish- water wellfield, which will include a wellfield design for 18 additional wells, well construction and testing, groundwater flow and variable density modeling, and Water Use Permit (WUP) support services under the RO 2 Wellfield Permitting and Development Project (10-0033-UT). Legette, Brashears, and Graham, Inc. (LBG) will provide professional hydrological services for the design and permitting of an injection well for the purpose of concentrate disposal under the Concentrate Injection Deep Well Project - Phase I (09-0044-UT). The concentrate from RO Plant 1 is currently discharged to the wastewater treatment plant where the effluent is used for reclaimed water irrigation. RO Plant 2 will produce concentrate with water quality that is too brackish to discharge to a WTP. The new water treatment facility, wellfield, and raw water mains are anticipated to be completed by December of 2015. The City of Clearwater Public Utilities Department will own, operate and maintain the Water Treatment Plant. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96767, Reverse Osmosis at Reservoir 2 in the amount of $768,981.00. A third quarter amendment will increase the budget for Other Governmental Revenue (337900) in Capital Improvement Program project 0315-96767, Reverse Osmosis at Reservoir 2 for SWFWMD's share in the amount of $768,981.00 to provide a total of $1,537,962.00 to fund these work orders. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See above. Current Year Cost: $1,537,962.00 Not to Exceed: $1,537,962.00 For Fiscal Year: 2009 to 2010 Budget Adjustment: Yes Annual Operating Cost: Total Cost: $1,537,962.00 Appropriation Code 0315-96767-561300-533- 000-0000 0376-96767-561300-533- 000-0000 0315-96767-561300-533- 000-0000 0376-96767-561300-533- 000-0000 Bid Required?: Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Amount Appropriation Comment $698,968.00 See Summary $698,968.00 See Summary $70,013.00 See Summary $70,013.00 See Summary No Bid Number: Item # 36 Attachment number 1 Page 1 of 15 AGREEMENT NO. 10000000097 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR BRACKISH FACILITY AT WATER TREATMENT PLANT #2 (N176) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Third Floor, Clearwater, Florida 33756, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of the design and construction of a brackish groundwater wellfield, reverse osmosis treatment facilities, and byproduct treatment and discharge well that will have the capacity to produce up to 5.0 million gallons per day (mgd) of potable water on an annual average basis, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, by nationally recognized overnight courier, or personally to the parties' addresses as set forth below. Notice is effective upon receipt. Project Manager for the DISTRICT: John Ferguson 2379 Broad Street. Brooksville, Florida 34604 Project Manager for the CITY: Robert S. Fahey, P.E. 100 South Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Any changes to the above representatives or addresses must be provided to the other party in writing. Item # 36 Page 1 of 9 Attachment number 1 Page 2 of 15 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 7, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to approve the use of contingency funds and adjust a line item amount of the Project Budget contained in the Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Paragraph 3.2 below. The authorization must be in writing, explain the reason for the use of the contingency funds or adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the amounts set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY will perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the CITY'S Project Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. The parties agree that time is of the essence in the performance of each obligation under this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Thirty Million Four Hundred Thirty-Three Thousand Seven Hundred Eighty Dollars ($30,433,780). The DISTRICT agrees to fund PROJECT costs up to Fifteen Million Two Hundred Sixteen Thousand Eight Hundred Ninety Dollars ($15,216,890), subject to Subparagraph 3.9, and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to provide all remaining funds necessary for the satisfactory completion of the PROJECT. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 Any federal, state, local or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The CITY will provide the DISTRICT with written documentation detailing its allocation of any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share after all federal, state, local and grant monies have been applied as set forth herein, the CITY will promptly refund such overpaid amounts to the DISTRICT. Item # 36 Page 2 of 9 Attachment number 1 Page 3 of 15 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Project Plan set forth in Exhibit "B." The CITY may contract with consultant(s), contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The CITY will not use any contingency funds allowed under this Agreement unless approved by the DISTRICT in accordance with Paragraph 1.2 of this Agreement. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY within forty-five (45) days of receipt of an invoice with adequate supporting documentation to satisfy auditing purposes. Invoices will be submitted to the DISTRICT every two (2) months electronically at invoices 6c?WaterMatters.org, or at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 In addition to sending an original invoice to the DISTRICT'S Accounts Payable Section as required above, copies of invoices may also be submitted to the DISTRICT'S Project Manager in order to expedite the review process. Failure of the CITY to submit invoices to the DISTRICT in the manner provided herein will relieve the DISTRICT of its obligation to pay within the aforementioned timeframe. 3.3 Any travel expenses which may be authorized under this Agreement will be paid in accordance with Section 112.061, F.S., as may be amended from time to time. 3.4 The DISTRICT will not reimburse the CITY for any purpose not specifically identified in Paragraph 2, Scope of Work. 3.5 Surcharges added to third party invoices are not considered an allowable cost under this Agreement. 3.6 The DISTRICT will have no obligation and will not reimburse the CITY for any design costs for the wellfield under this Agreement until a water use permit is obtained and construction of the wellfield (Activity 4, Table 2) has commenced. The DISTRICT will have no obligation and will not reimburse the CITY for any design costs for the treatment plant under this Agreement until construction of the treatment plant (Activity 6, Table 2) has commenced. 3.7 Each CITY invoice must include the following certification, and the CITY hereby delegates authority by virtue of this Agreement to its Project Manager to affirm said certification: Item # 36 Page 3 of 9 Attachment number 1 Page 4 of 15 "I hereby certify that the costs requested for reimbursement and the City's matching funds, as represented in this invoice, are directly related to the performance under the Brackish Facility at Water Treatment Plant #2 agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. 10000000097), are allowable, allocable, properly documented, and are in accordance with the approved project budget. The City has been allocated a total of $_ in federal, state, local or grant monies for this PROJECT. $_ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to $_ / $_ respectively." 3.8 The DISTRICT'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds in its approved budget for the PROJECT in each Fiscal Year of this Agreement. The CITY recognizes that the DISTRICT has approved $758,415 for the PROJECT through Fiscal Year 2010. 3.9 The DISTRICT will limit funding to a finished potable water design capacity commensurate with groundwater withdrawal quantities that are not expected to cause adverse environmental impacts. In the event that the finished potable water design capacity of the PROJECT is less than 5.0 mgd annual average, the DISTRICT reserves the right to reduce its share of design and construction funding in an amount equivalent to the percentage of capacity not attained. 4. COMPLETION DATES. The CITY will commence the PROJECT by December 31, 2009, will complete the PROJECT by December 31, 2015 and will otherwise meet the milestones established in this Agreement, as may be extended by the DISTRICT in accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies such as labor strikes or riots, which are beyond the control of the CITY, the CITY'S obligations to meet the time frames provided in this Agreement will be suspended for the period of time the condition continues to exist. During such suspension, this Agreement will remain in effect. The suspension of the CITY'S obligations provided for in this provision will be the CITY'S sole remedy for the delays set forth herein. 5. FAILURE TO COMPLETE PROJECT. The CITY will repay the DISTRICT all funds the DISTRICT paid to the CITY under this Agreement, if: a) the CITY fails to complete the PROJECT in accordance with Paragraph 4 of this Agreement; b) the DISTRICT determines, in its sole discretion and judgment, that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of this Agreement; or c) the CITY fails to appropriate sufficient funds to complete the PROJECT. The CITY will be obligated to pay attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in accordance with this Paragraph. 6. OPERATION AND MAINTENANCE. After construction is completed, the CITY will operate and maintain the PROJECT for a minimum of twenty (20) years, in such a manner that the resource benefits as described in the Project Plan are achieved. In the event the PROJECT is not operated and maintained in accordance with these Item # 36 Page 4 of 9 Attachment number 1 Page 5 of 15 requirements, the CITY will pay to the DISTRICT an early termination fee. The fee will be five percent (5%) of total DISTRICT monies contributed to the PROJECT for each year or a fraction thereof for early termination of the PROJECT. The CITY will be obligated to pay attorneys' fees and costs incurred by the DISTRICT, including appeals, as a result of CITY'S failure to repay the DISTRICT in accordance with this Paragraph. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 7. CONTRACT PERIOD. This Agreement will be effective December 31, 2009 and will remain in effect through December 31, 2016, or upon satisfactory completion of the PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless amended in writing by the parties. The CITY will not be eligible for reimbursement for any work that is commenced, or costs that are incurred, prior to the effective date of this Agreement. 8. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Payments made to CITY under this Agreement will be reduced for amounts found to be not allowable under this Agreement by an audit. The CITY will refund to the DISTRICT all such disallowed payments. If an audit is undertaken by either party, all required records will be maintained until the audit has been completed and all questions arising from it are resolved. Each party will maintain all such records and documents for at least three (3) years following completion of the PROJECT. Each party will allow public access to PROJECT documents and materials made or received by either party in accordance with the Public Records Act, Chapter 119, F.S. Should either party assert any exemption to the requirements of Chapter 119, F.S., the burden of establishing such exemption, by way of injunctive or other relief as provided by law, will be upon the asserting party. 9. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. Additionally, two (2) sets, electronic and hardcopy, of any final reports must be submitted to the DISTRICT as Record and Library copies. 10. LIABILITY. Each party hereto agrees to defend, indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorneys' fees and costs and attorneys' fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. The indemnified party will have the right to approve counsel selected by the indemnifying party. This provision does not constitute a waiver of either party's sovereign immunity under Section 768.28, F.S. or extend either party's liability beyond the limits established in Section 768.28, F.S. Additionally, this provision will not be construed to impose contractual liability on either party for underlying tort claims as described above beyond the limits specified in Section 768.28, F.S. 11. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, including the failure to meet specific milestones established in this Agreement, as long as the terminating party is not Item # 36 Page 5 of 9 Attachment number 1 Page 6 of 15 in default of any term or condition of this Agreement at the time of termination. In addition to the above, the DISTRICT may terminate this Agreement if, in its sole discretion and judgment, it determines that the CITY has failed to maintain scheduled progress of the PROJECT thereby endangering the timely performance of the PROJECT. To effect termination, the terminating party will provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will automatically terminate. If a default cannot reasonably be cured in thirty (30) days, then the thirty (30) days may be extended at the non-defaulting party's discretion, if the defaulting party is pursuing a cure of the default with reasonable diligence. The rights and remedies in this provision are in addition to any other rights and remedies provided by law or this Agreement. 12. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 13. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if applicable, Basin Board funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. If construction is involved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 14. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local government approvals and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and property rights necessary to undertake the PROJECT. 15. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, including those of the DISTRICT, related to performance under this Agreement. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects staff will meet regularly during the PROJECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations, however, the DISTRICT undertakes no duty to ensure compliance with such rules and regulations. 16. DIVERSITY IN CONTRACTING AND SUBCONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make good faith efforts to encourage the participation of minority owned and woman owned Item # 36 Page 6 of 9 Attachment number 1 Page 7 of 15 and small business enterprises, both as prime contractors and subcontractors, in the performance of this Agreement, in accordance with applicable laws. 16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority owned and woman owned and small businesses are afforded an opportunity to participate in the performance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors and subcontractors who performed work in association with the PROJECT, the amount spent with each contractor or subcontractor, and to the extent such information is known, whether each contractor or subcontractor was a minority owned or woman owned or small business enterprise. If no minority owned or woman owned or small business enterprises were used in the performance of this Agreement, then the report shall so indicate. The Minority/Women Owned and Small Business Utilization Report form is attached as Exhibit "C." The report is required upon final completion of the PROJECT prior to final payment, or within thirty (30) days of the execution of any amendment that increases PROJECT funding, for information up to the date of the amendment and prior to the disbursement of any additional funds by the DISTRICT. 17. ASSIGNMENT. Except as otherwise provided in this Agreement, no party may assign any of its rights or delegate any of its obligations under this Agreement, including any operation or maintenance duties related to the PROJECT, without the prior written consent of the other party. Any attempted assignment in violation of this provision is void. 18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 21. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the Item # 36 Page 7 of 9 Attachment number 1 Page 8 of 15 convicted vendor list. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. GOVERNING LAW. All aspects of this Agreement are governed by Florida law and venue will be in Hernando County, Florida. 24. SURVIVAL. The provisions of this Agreement that require performance after the expiration or termination of this Agreement will remain in force notwithstanding the expiration or termination of this Agreement including Subparagraph 3.1 and Paragraphs 5, 6, and 10. 25. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 26. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority will first be given to the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "B," and then to Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Project Plan Exhibit "C" Minority/Women Owned and Small Business Utilization Report Form The remainder of this page intentionally left blank. Item # 36 Page 8 of 9 Attachment number 1 Page 9 of 15 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: Frank V. Hibbard, Mayor-Commissioner Date By: Bill Horne, City Manager Date Approved as to form: Attest: By: City Attorney Cynthia E. Goudeau, City Clerk Date COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR BRACKISH FACILITY AT WATER TREATMENT PLANT #2 (N176) DISTRICT APPROVAL INITIALS DATE LEGAL RISK MGMT CONTRACTS DEPT DIRECTOR DEPUTY EXEC DIR GOVERNING BOARD Item # 36 Page 9 of 9 Attachment number 1 Page 10 of 15 AGREEMENT NO. 10000000097 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," and a contractor(s), hereinafter referred to as the "CONTRACTOR," to perform the services in accordance with the CITY'S Project Plan previously submitted to the DISTRICT and attached as Exhibit "B." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 3. DISTRICT PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY'S SELECTION OF CONTRACTOR. As applicable, upon notifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. 4. APPROVAL OF CONTRACTS. The CITY must obtain the DISTRICT'S prior written approval of any contracts entered into with its CONSULTANTS and CONTRACTORS. The DISTRICT will not unreasonably withhold its approval. Page 1 of 1 Item # 36 Attachment number 1 Page 11 of 15 AGREEMENT NO. 10000000097 EXHIBIT "B" CITY'S PROJECT PLAN Clearwater System Overview The CITY serves approximately 117,000 people and is located along the west coast of Florida within the Tampa Bay Region. The Tampa Bay Region (Pasco, Pinellas and Hillsborough counties) has experienced rapid growth coupled with sustained drought that has placed a stress upon regional water resources. The CITY is seeking to provide a drought- resistant water supply. In addition, regional water supply system production could be offset by substituting the CITY'S current wholesale demand with local coastal brackish groundwater. Currently, the CITY'S annual average potable drinking water system demand is approximately 13 million gallons per day (mgd), of which the CITY provides approximately 4.0 mgd from three CITY-owned fresh groundwater treatment facilities. The remaining capacity is purchased from Pinellas County Utilities, a member government of regional wholesale water supplier Tampa Bay Water. Project Overview and Purpose The CITY proposed this project to replace a portion of its supply of water purchased from Pinellas County Utilities. The system capacity, as currently proposed, is being designed to provide the necessary firm capacity to meet the CITY'S projected demands. There are several drivers for the CITY'S alternative water supply project, including desire to have customizable water treatment ability, a drought-resistant water supply, and direct input on future capital projects related to water supply. The CITY has completed independent feasibility and hydrogeologic studies, which included multiple test wells in the proposed production area, conceptual facility design, and capital cost estimate. The studies have concluded that the proposed project is feasible. Project History The CITY developed a Water Supply Master Plan in 2004 and updated it in 2008 based on the study of available water resources to achieve a sustainable, quality water supply. A key component of this plan is the utilization of membrane treatment to convert brackish groundwater to drinking water. The CITY concluded that growth projections are relatively stable as the City of Clearwater is essentially built out. Historical and projected demands within the CITY'S current service area indicate the need for a finished water capacity of up to 13.0 mgd annual average flow. In October 2004, the consulting firm Parsons Water & Infrastructure, Inc. completed a report entitled Water Master Plan - Capital Improvements Implementation Master Plan. The report included a preliminary basis of design and conceptual plant layout for the purpose of developing the opinion of probable construction cost. This cost opinion included the wellfield, concentrate disposal, piping to existing distribution system, chemical feed systems, reverse osmosis treatment system, post treatment, high service pumping, ground storage, general conditions and site work, buildings, electrical and control system, and associated piping. Item # 36 Page 1 of 4 Attachment number 1 Page 12 of 15 In January 2006, the CITY requested and paid for updated projected costs from Parsons due to a significant escalation of construction costs that were observed throughout the world-wide construction market. These updated costs were included in the approved CITY budgets that will fund the proposed treatment facilities through municipal water and sewer revenue bonds for a total of up to $34 million to finance the cost of design, permitting, land acquisition and construction of well sites, pipelines and the reverse osmosis water plant project. The CITY completed Phase 1 of the Alternative Water Supply Project - RO Plant #2 in July of 2009. The study completed by Parsons Water & Infrastructure, Inc. and SDI Environmental Services, Inc. included the construction of a total of three test production wells and monitoring well clusters. The testing and preliminary modeling confirmed that the PROJECT is viable for the design withdrawal volumes in southern Clearwater, generally south of State Road 60. The CITY estimates approximately 12 wells will be completed with targeted withdrawal from lower Production Zone A of the Upper Floridan Aquifer (to a depth from between 160 feet and 250 feet below land surface) will be needed to produce 5.0 mgd of finished water on an annual average basis. Preliminary groundwater quality from the test wells indicates an average wellfield quality in a range of approximately 300 - 1,000 mg/L chlorides (approximately 600 - 2,000 mg/L Total Dissolved Solids) can be expected. The study concluded that a properly piloted and designed advanced treatment process will produce finished water meeting all potable water standards. Project tasks completed prior to this Agreement are shown in Table 1. These tasks were wholly funded by the CITY. Table 1 CITY'S Tasks and Costs Prior to this Agreement Activity Schedule CITY Cost 1. Water Supply Master Planning - Evaluation of alternatives and preliminary cost-benefit analysis of Completed 2004 $ 342,341 selected options. 2. Test Well Design and Permitting - Design and permitting of test production and monitoring wells with Completed 2006 $ 555,916 Aquifer Performance Testing. 3. Construction of Test Production and Monitoring Wells - Construction of three test production wells and Completed 2009 $ 790 526 associated monitoring wells, aquifer performance testing , and data collection. 4. Data Analysis and Hydrogeologic Services - Groundwater modeling and revised financial evaluation Completed 2010 $ 98,880 based upon data collection. Total -- $1,787,663 Project Benefits The CITY'S utility is currently not utilizing alternative water sources available to locally produce potable water. The brackish groundwater supply could provide a drought-resistant supply. Item # 36 Page 2 of 4 Attachment number 1 Page 13 of 15 Project Scope The scope of the PROJECT includes essentially three main categories of PROJECT execution: Preliminary Engineering, Final Engineering, and Construction. The Preliminary Engineering phase includes the establishment of preliminary technical design. The end- product of this phase is completion of technical design to a level necessary to secure permits prior to construction. These include but are not limited to the following permits: Environmental Resource Permit (Florida Department of Environmental Protection (FDEP)), Public Water Supply Construction Permit (FDEP), UIC Underground Injection Control (FDEP), Well Construction (DISTRICT), and Water Use Permit (DISTRICT). The CITY will secure the reverse osmosis plant design engineering consultant through a formal Request for Qualifications selection process in Fiscal Year (FY) 2010. The scope of work for the design consultant will involve the treatment plant and all associated facilities less the concentrate injection well and raw water system. Those work items will be designed and constructed separately. The CITY is proceeding with expectations of four separate design and construction efforts: the brackish wellfield facilities, the raw water collection system, the treatment plant and the concentrate injection well. The concentrate injection well design will begin in FY2010 along with the pilot test and preliminary plant design. As stated above, plant design and wellfield design will begin in FY2011. In addition to the major permitting efforts described above, the physical project elements will include design and construction of the following: • Reverse osmosis membrane water treatment facility (including buildings, water treatment equipment, yard piping, staff offices and work areas, etc.) with a finished potable water design capacity of 5.0 annual average; • A new raw water production brackish wellfield, including 3 existing operational wells, 3 refurbished existing wells, 9 new wells, and 3 converted test wells (18 total) and related pumps; • Brackish raw water transmission system including approximately 12 miles of pipeline; • On-site product water storage including a new 2.5 to 5 mg storage tank; • On-site concentrate (by-product) deep well injection infrastructure including two injection wells and one monitor well; and • Finished water pumping and continuous flow metering. Deliverables • Preliminary Design and Final Design Reports • Bid Documents • All Contracts entered into with Consultants and Contractors • Minority/Women Owned and Small Business Utilization Report Project Schedule and Budget The project schedule and costs are shown in Table 2. Item # 36 Page 3of4 0 0 C 0 o CIO OD CN C) o (D ? ti U C) O O ' ? Ln P- U,) cl _ ?C p Cfl O L() O O OD O C'7 p- ? O ? C'7 N Lq 1 M I* p 0 ° N N G 6G, H? H? H? H? H? H? H? M N O C) O C) O C) OCb O ;t CD V C ° O f- C) O O CT p C \F O C \F P N O 00 tD V O ? L O O N 1 O N H LO Q E?} Ef? E0} K? EJ? H? eg, e4 ? O O O O O O Cfl O O O O 00 O 1 00 O C) O O p? Lf? L() f- 00 V C5 CD C) C) CD C\F (D N P- ? , tD M p- O O N N ~ ( LO U O O I I I I I I I m m O (m ? O co N N C7 N O O ° O O O O O N O O O O co O O O N N N N N N N N N N N _O O O ?7 O O M ? ? T-: N Lf? Lo , ' CO CO L CO L L CO CO L L CO - L O CO L CO L O CO - L O CO L O V L O O O O O O O N O CO O N O N m H O a) a) a) a) E E E E E E E ? U> U Q U U U >> U ? 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H U) U) L O E U N O O O Q O O O N 2) O O O C C6 O m z C 0- _Q C6 C U) co a> O a? (6 O O N O O O Attachment number 2 Page 1 of 24 ENVIRONMENT'S .ERVICES, INC. SDI Environmental Services, Inc. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: August 4, 2010 Project Number: City Project Number: 10-0033-UT 1. PROJECT TITLE: RO No. 2 Wellfield Permitting and Development Project 2. SCOPE OF SERVICES: The City of Clearwater (City) has requested the services of SDI Environmental Services, Inc. (SDI) to provide hydrogeologic services for the design and construction of a brackish-water wellfield to provide 8.0 million gallons per day (mgd) raw source water for a new reverse osmosis plant at the Reservoir 2 Facility (R02). As part of this Work Order, SDI will provide the following types of services: • wellfield design, • well construction and testing, • groundwater flow and variable density modeling, and • Water Use Permit (WUP) support services. SDI will coordinate with the City's Design Engineer Consultant and Injection Well Consultant throughout the Project. The desired production quantity was increased during the R02 Feasibility Project from the 4.25 mgd raw water in the 2004 Master Water Plan (MWP) to 8.0 mgd. As data were collected during the drilling and testing phase of the R02 feasibility study, changes were also made to the target source water intervals for the R02 wellfield. The objectives of the first task in this project are to identify the anticipated number of R02 production wells and to define the vertical production interval needed to permit the desired 8.0 mgd DRAFT R02 Work Order, ver. 2 Page I ISM # 36 Attachment number 2 Page 2 of 24 of brackish water quality. For the purposes of this Project, brackish water is defined as being between 500 and 4,000 milligrams per liter (mg/L) total dissolved solids (TDS). For scoping and costing purposes, it is assumed that the total number of anticipated R02 production wells is 18, consisting of 9 existing sites (including 3 out-of- service (OOS) production wells) and 9 proposed new sites. Potential new production well sites will be identified and then go through a screening process for selection for core drilling and testing. The SEAWAT variable density groundwater flow and transport model developed for the City will be updated based on the results of the core drilling and testing program and will be used for the final R02 wellfield design and permitting support. SDI will take the lead in preparing the City's application for a new Water Use Permit (WUP) from the Southwest Florida Water Management District (District) for the R02 Wellfield. Once permitted, SDI will observe the construction and conduct testing of the new R02 production wells and monitor wells to confirm that bid specifications are followed. This Work Order has been divided into six (6) major tasks, each with a series of subtasks as illustrated in the following outline. Detailed scopes for each assignment follow. R02 Well Site Selection for Confirmatory Testing 1. R02 Area Site Suitability Data Acquisition 2. Zone B Water Quality Sampling 3. Evaluate Existing Production Well Viability and Screen New Sites 4. Simulate and Evaluate Defined Wellfield Scenarios 5. Select Sites for Confirmatory Core Drilling and Testing 6. Evaluate Potential Monitor Well Sites 2. Field Testing Program 1. Develop Plans for Drilling and Testing Program 2. Zone A Vertical Hydraulic Testing 3. Test and Select Brackish Production Intervals 4. Implement Core Drilling and Testing Program 5. Potential Production Well Site Confirmatory Testing Memoranda Modeling 1. Update SEAWAT Model for WUP Support 2. Updated Model Report for Permit Support 3. Final Wellfield Design and Report DRAFT R02 Work Order, ver. 2 Page 2 ISM # 36 Attachment number 2 Page 3 of 24 4. Water Use Permitting 1. District Pre-Application Meetings 2. Develop New WUP Application 3. WUP Impact Analyses and Supporting Documents 4. RAI Response Support and Meetings 5. Production Well Installation 1. Well Construction and Test Plan Development 2. Well Design Services and Bidding Assistance 3. Well Construction Observation Services 4. Well Testing and Evaluation 5. Production Well Drilling Report 6. Meetings and Coordination 1. Project Management, Coordination and Status Meetings 2. Public Meeting Support TASK 1. R02 WELL SITE SELECTION FOR CONFIRMATORY TESTING For purposes of the scope for this Work Order, SDI has assumed the anticipated number of production wells will be 18, but the exact number required cannot be determined until core drilling and preliminary testing has been completed at the identified candidate sites during Task 2 of this Work Order. In Task 1, the site selection process for the remaining new production and monitor well sites that have not been drilled will include an environmental audit and individual site visits to check regulatory and ordinance requirements. Additional sites may be identified and ranked for suitability for use if one or more of the anticipated sites are become not viable. Task 1.1 - R02 Area Site Suitability Data Acquisition Data regarding reported potential contamination sources will be acquired for the entire R02 Area to identify any known environmental hazards that may be present, and to determine if any areas should be avoided in the well site selection process. SDI will acquire GIS files of City utility and storm water pipelines to assess potential setback issues. In addition, SDI will acquire GIS maps of City owned or controlled properties to ensure that the potential well site locations have sufficient access for drilling and pipeline construction activities. DRAFT R02 Work Order, ver. 2 Page 3 ISM # 36 Attachment number 2 Page 4 of 24 Deliverable. SDI will produce GIS files (in current City Datum) of information obtained that can be utilized in subsequent tasks to assess potential well site locations and prepare a memorandum documenting data sources submitted to the City in electronic format. Task 1.2 - Zone B Water Quality Sampling Water samples will be collected from the Zone B monitor wells at Kapok and McMullen and the A/B Monitor well at Ed Wright for analysis of parameters to be provided by the Design Engineer. It is assumed that City staff and equipment will be used to pump the wells for the sampling. SDI will collect the water samples for analysis at an independent laboratory. The results will be compared to the Zone A water quality data collected during the R02 Feasibility Study drilling and testing program. One or more composite water quality assumed to be representative of the anticipated R02 brackish water production interval will be calculated using estimated dilution factors based on available aquifer hydraulic testing data. The results will be provided to the City and Design Engineer. Deliverable. SDI will prepare a memorandum containing the results of the water quality sampling and representative compositing analysis. The memorandum will be provided in electronic format. Task 1.3 - Evaluate Existing Production Well Viability and Screen New Sites It is assumed for this Work Order scope that an anticipated total of 18 production wells would be needed to ensure adequate capacity for supplying 8.0 mgd and for mechanical rotational capacity at R02. The potential R02 production well sites consist of 3 existing production wells (Nos. 45, 46, and 53) that currently pump brackish water from Zone A to Reservoir 2, the 3 R02 test production wells (Nos. 82, 83 and 84), and 9 new locations as proposed in the MWP. The City, with assistance from SDI, will determine the 9 new well sites to be used for further evaluation. Additional sites for consideration include the 3 existing OOS production wells (Nos. 51, 52 and 55). SDI will evaluate the feasibility of utilizing these three OOS production wells. The evaluation will consist of a review of available well construction and historical data for each well, site visits and discussions with City staff. DRAFT R02 Work Order, ver. 2 Page 4 ISM # 36 Attachment number 2 Page 5 of 24 A desktop site-screening study using the GIS information acquired in Task 1.1 will be used to identify up to five additional sites should any of the sites discussed above be determined infeasible. These sites will also be used as candidate sites during preliminary model evaluations. The potential sites will also be evaluated using the City's Wellhead Protection Ordinance criteria. This group of tentative sites will be reviewed from a "fatal flaw" point-of-view in consultation with the City. Deliverable. SDI will prepare a memorandum summarizing pros and cons (?fusing existing production wells and identify additional potential sites. The memorandum will be provided in electronic format. Task 1.4 - Simulate and Evaluate Defined Wellfield Scenarios The objective of this task is to identify the target brackish water production interval and the number of production wells to move forward as candidate sites during wellfield design using the SEAWAT model that will be updated as described below. Initially, two model simulations will be setup and run bracketing the smallest and possibly the largest potential brackish production intervals. The smallest being in the A/B Interval only and the largest in the A/B Interval and a portion of lower Zone A. Results showing simulated groundwater level and water quality changes throughout the R02 wellfield area will be analyzed and discussed with the City. Three additional scenarios that would be designed to determine the desired brackish water production interval will be developed in consultation with the City. It is probable that the target production interval may vary within the R02 Area. Aquifer parameters and initial conditions in the existing SEAWAT model will be updated to reflect the observed water quality and horizontal hydraulic conductivity in the A/B Interval determined from the March 2010 drilling and testing program. The results from the two drilling sites will be extrapolated throughout the R02 area. While the estimated horizontal hydraulic conductivity in the A/B Interval is less than Zone A, it was found to be significantly larger than values used in previous groundwater models of the area. The initial chloride concentrations in portions of the model will be adjusted to better match observed water quality at the two sites tested. SDI will also adjust the vertical DRAFT R02 Work Order, ver. 2 Page 5 ISM # 36 Attachment number 2 Page 6 of 24 layer thicknesses in Zone A to provide greater flexibility in evaluating the potential vertical production interval(s). SDI anticipates that it will require five (5) different 8.0 mgd raw water production scenarios using the updated SEAWAT model to define how many R02 production wells and what vertical production interval would be needed to permit the desired 8 mgd quantity. The scenarios need to address the following types of questions necessary to complete the feasibility analyses. 1. What is the preferred production interval, i. e., how much of lower Zone A and upper portion of the A/B Interval? 2. Determine the anticipated production from the proposed production wells, including mechanical rotation wells. 3. What would be the projected water level impacts on other users in Zone A, and could they be permitted? 4. What would be the projected water quality changes to other permitted Zone A wells? SDI will conduct the proposed 5 simulations in a step-wise process. The results of the first two scenarios will be compiled and discussed with the City before finalizing the next scenario as needed before proceeding. A second meeting will occur after completing the simulations for Scenario 3 and Scenario 4 obtain additional input from City. SDI will meet with the City's Project Manager and other staff to review and discuss the results prior to completing the last scenario. The first scenario will be designed to evaluate the expected Zone A drawdown by simulating a minimum of 14 proposed R02 wells producing water only from the A/B Interval. The second scenario will have the same wells used in Scenario 1, but the vertical producing interval of the wells will be raised to include the lowest 20 to 30 feet of Zone A. The results of these scenarios will be presented to the City in a meeting. The following types of results will be provided and evaluated for each scenario. • Feed stream water quality projections over 30 years. • Simulated water quality changes in the freshwater portion of Zone A. • Simulated drawdown in the freshwater portion of Zone A. • Individual simulated water quality changes at proposed production wells. • Projected water quality impacts to other permitted wells. The objectives for the meeting to be held after of the first two scenarios are run are twofold. DRAFT R02 Work Order, ver. 2 Page 6 ISM # 36 Attachment number 2 Page 7 of 24 1) SDI and the City will jointly develop the concepts of the three remaining scenarios, which are expected to include at least four (4) additional proposed production wells for mechanical rotational capacity as requested by City staff. 2) Review the potential additional well sites identified by SDI in Task 1.3 and select and prioritize locations to be used in the remaining model scenarios. SDI will prepare draft meeting minutes with action items for City review. Final meeting minutes will be distributed after the receipt of City comments. After the fifth scenario has been completed and reviewed by the City, SDI and the City will jointly agree upon the target production interval and number of production wells to move forward with the Design Phase of the project. Deliverable. SDI will prepare minutes for each meeting and identify Action Items as appropriate. SDI will prepare a memorandum summarizing findings and the proposed vertical production interval. The memorandum will be provided in electronic format. Task 1.5 - Select Well Sites for Confirmatory Core Drilling and Testing Using Task 1.1 deliverables, SDI will assess the viability of each potential site identified in Task 1.3 as an anticipated production well site. Each potential new site will be visited with City staff to assess suitability. The GIS files generated in Task 1.1 will be reviewed and a Phase I environmental audit will be conducted for each potential site. It is assumed that a Phase I audit will not be needed for existing City wells. SDI will meet with appropriate City departments and the Design Engineer Consultant to discuss site- specific potential public relations, infrastructure and pipeline issues for each potential site. SDI, in coordination with the City, will select those sites to go forward for confirmatory test core drilling. Deliverable 1. A memorandum summarizing the recommended action will be prepared for each site and submitted in electronic format. Each memorandum will include the results of the Phase I audit and maps showing utility pipelines, along with access and setback requirements for each site. Deliverable 2. A summary memorandum will be prepared with a map of selected production well locations selected for confirmatory core drilling and testing, and wellfield design. This memorandum will be provided to the City and the Design Engineer Consultant for use for preliminary pipeline routing. Three (3) hard copies and one (1) electronic file will be provided to the City. DRAFT R02 Work Order, ver. 2 Page 7 ISM # 36 Attachment number 2 Page 8 of 24 Task 1.6 - Evaluate Potential Monitor Well Sites It is assumed that one or possibly two more monitor well sites may be required by the District as part of the W UP in the central R02 Area. It is anticipated that each site would contain SAS, upper Zone A and production interval monitor wells, which would have site-specific construction details based on nearby production wells. Final monitor well requirements and design would be developed during Task 4. Deliverable. A memorandum will be prepared evaluating the suitability of potential sites for proposed monitor wells if required by the District. The memorandum will be provided in electronic format. TASK 2 - FIELD TESTING PROGRAM The field testing program will be used for wellfield design and to develop hydraulic parameters for the SEAWAT model used for the impact analysis required for permitting. The City has requested SDI include the cost for the core drilling and testing subcontractor(s) within SDI's budget for this Work Order. The drilling subcontractor costs included in this Work Order are engineer's estimates. SDI will prepare specifications and obtain several competitive bids for the drilling and testing work in each of Tasks 2.2, 2.3 and 2.4. Task 2.1 - Develop Plans for Drilling and Testing Program The results of the March 2010 A/B Interval drilling and testing project illustrated that the depth and thickness of the proposed target brackish zone will need to be specifically determined at each production well site. In addition, the hydraulic communication between upper and lower Zone A has to be quantified for use in the WUP permitting impact analysis in Task 4. SDI will develop a set of drilling and testing specifications for the work described in Tasks 2.2, 2.3 and 2.4 that will be provided to drilling companies qualified to perform the specialized services for competitive bids. The drilling contractor(s) will be selected based on experience, costs and ability to meet the project schedule. It is assumed that sufficient parcels of City owned or controlled lands are available for location of the production wells and monitoring well clusters. It is also assumed the DRAFT R02 Work Order, ver. 2 Page 8 ISM # 36 Attachment number 2 Page 9 of 24 City Utilities Department will negotiate with other City departments for access to those parcels selected for construction of production and monitor well clusters with assistance from SDI. Deliverable. SDI will prepare a set of core drilling and testing specifications, solicit bids from qualified specialty drillers, and recommend an acceptable drilling contractor for Tasks 2.2, 2.3, and 2.4 to the City in a memorandum. The memorandum will be provided in electronic format. Task 2.2 - Zone A Vertical Hydraulic Testing An impact analysis of water level changes in the UFAS resulting from pumping the R02 wellfield at 8.0 mgd on other legal existing users will be required as part of the WUP application. Based on available data, most of the existing users in the R02 area pump from upper Zone A. The degree of vertical hydraulic communication between lower Zone A and upper Zone A will determine the amount of drawdown caused by pumping the deeper R02 production interval is translated to Upper Zone A. Lithologic logs from the previous drilling and testing program and the recent core drilling program indicate some clay layers within the Zone A limestone. This stratification indicates anisotropic conditions and that the vertical hydraulic conductivity within Zone A is less than the horizontal hydraulic conductivity. Previous groundwater models of the area have assumed the ratio of horizontal and vertical hydraulic conductivity to be 1:1. The field testing to be conducted in Tasks 2.1 and 2.2 are designed to accomplish the following objectives. • Quantify the vertical hydraulic communication within Zone A and estimate the anisoptropy parameter that will be used in the SEAWAT model for the impact analysis in Task 4. • Develop a methodology to decide the portion of lower Zone A to be included in the production interval at each well site to maximize production while minimizing impacts to Zone A. The amount of lower Zone A to include in the production interval will be a balance between observed and predicted water quality, aquifer specific capacity, and water level impacts on Zone A. A core hole will be drilled within approximately 100 ft of the Ed Wright and McMullen test production wells. Water quality and specific capacity testing of 20-ft DRAFT R02 Work Order, ver. 2 Page 9 ISM # 36 Attachment number 2 Page 10 of 24 discrete intervals (specified below) will be conducted, then the core hole will be converted to a temporary dual zone monitor well for lower and upper Zone A. The well will be designed to monitor water levels in the upper 20 ft of Zone A and the lowest 20 ft of Zone A. At Ed Wright, core, water quality and specific capacity data were collected during the March 2010 program. At the proposed temporary dual zone monitor well site, core will be collected from the top of rock to the assumed production well depth of 240 ft. Specific capacity testing will be conducted on discrete 20-ft intervals beginning in lower Zone A. Bottom-hole packer tests will be conducted on 3 composite intervals, with each test including a different amount of lower Zone A. Each composite test will represent a potential production interval of the final production well. Water samples taken during each specific capacity test will be collected and delivered to the City for the analyses of chloride and TDS. The core and water quality data will be used to choose the upper and lower 20-ft intervals in Zone A to be monitored by the dual-zone well. At the McMullen site, the March 2010 core drilling program was conducted in the Zone A monitor well. The new core hole for the temporary dual-zone monitor well will be drilled within about 100 ft of the McMullen test production well and will be cored to the depth where the observed TDS is about 5000 mg/L TDS. A maximum depth of 500 ft has been estimated for costing purposes. Specific capacity testing will be conducted on discrete 20-ft intervals starting at 180 ft, which is in lower Zone A just below the test production well casing depth. Once coring and discrete specific capacity testing is complete, up to 4 composite bottom-hole specific capacity tests of larger intervals including the upper portion of the A/B Interval and varying portions of lower Zone A will be conducted. These composite specific capacity tests are designed to represent potential production well intervals. Water samples from each specific capacity test will be collected and taken to the City for analyses of chloride and TDS. The hole will be completed as an upper and lower Zone A dual-zone monitor well. It is anticipated that both dual-zone monitor wells will be plugged and abandoned at the end of wellfield construction (Task 5). Deliverable. Lithologic logs of the cores, tables of water quality and specific capacity testing results will be included in a memorandum in Task 2.3. DRAFT R02 Work Order, ver. 2 Page to ken # 36 Attachment number 2 Page 11 of 24 Task 2.3 - Test and Select Brackish Production Intervals The total depths for the Ed Wright and McMullen production wells will be selected based on the core drilling and testing results, and the production wells will be deepened to that depth. Then, three bottom-hole packer tests will be conducted on potential production intervals open to the upper portion of the A/B Interval and three different lengths of lower Zone A. These composite specific capacity tests will be used to determine how to extrapolate test data from the smaller diameter core hole at new production well sites to the larger diameter production wells. The test production wells will be pumped at 350 gpm or greater, if possible, during each composite specific capacity test to assess maximum potential production. Water samples will be collected and taken to the City for analyses of chloride and TDS. The dual-zone monitor well near the production wells will be used to monitor water level responses in both upper and lower Zone A during the packer tests. The results will be used to assess the hydraulic communication between upper and lower Zone A. The open interval of the composite packer tests will mimic the composite specific capacity test intervals conducted in the adjacent core hole. The results will be used to extrapolate how the production well specific capacity correlates to the core hole specific capacity. Based on the results of Task 2.1 and 2.2, a methodology will be developed for selecting the portions of lower Zone A and the upper A/B Interval to include in the production interval based on the field testing data collected in a small diameter core hole at each potential production well site. At the end of this task the McMullen production well will be complete. The Ed Wright well will be at its final depth and the deeper production casing will be installed as part of the wellfield construction in Task 5. Deliverable. SDI will prepare a memorandum summarizing the data collected in the field program in Tasks 2.2 and 2.3. Results will include estimates of vertical hydraulic conductivity within Zone A for use in the impact analysis in Task 4 and a methodology to choose the production interval based on the core drilling and testing at each proposed production well site for use in wellfield design in Task 3. The memorandum will be provided in electronic format. Task 2.4 - Implement Core Drilling and Testing Program DRAFT R02 Work Order, ver. 2 Page ll ken # 36 Attachment number 2 Page 12 of 24 An exploratory core hole will be drilled at each of the new production well sites selected for confirmatory core drilling identified in the Task 1.5 summary technical memorandum. For costing purposes, 9 new sites are assumed. The core-drilling program may include one of the existing OOS R02 production wells. The testing program will include the following activities. • At existing production wells and the Kapok test production well, continuous coring will be done from the bottom of the well to a maximum of 400 feet (or as specified otherwise) below land surface (bls) to define the vertical water quality profile of the brackish water production zone and to estimate the horizontal hydraulic conductivity of the intervals drilled. • At five (5) selected production well site, the drilling contractor will rotary drill to 200 ft bls, set 4-inch surface casing and perform continuous coring from 200 to 400 feet bls or until water quality data indicate an estimated TDS of 5,000 mg/L or greater. An average depth of 400 ft is assumed for cost purposes. At four (4) of the selected sites, core drilling will begin at 100 ft bls to obtain lithologic data for the upper portion of Zone A. The continuous core samples will be logged by a geologist to define the lithology of Zone A and the upper portion of the A/B Interval. • SDI will collect groundwater samples from discrete 20-ft intervals and deliver to the City for chloride and TDS analyses. SDI will also collect field measurements of pH, specific conductivity, and temperature. These data will provide a vertical water quality profile and assist in defining the target brackish water production zone at each potential production well site. • Specific capacity tests of the discrete 20-ft intervals starting at a 200 ft depth will be conducted (1) to provide estimates of horizontal hydraulic conductivity to allow preliminary estimates of potential production quantities in the target brackish water zone and (2) to assist in selecting the proposed open interval for each production well. • After selecting the proposed target brackish water production zone in each core hole (this may require some back plugging), SDI will have the drilling contractor conduct a bottom-hole packer specific capacity test on the proposed production interval and collect groundwater samples for a Generic Permit. • The drilling contractor will properly abandon test core holes and restore landscaping. Deliverable. SDI will provide electronic progress reports for monthly project meetings. Task 2.5 - Potential Production Well Site Confirmatory Testing Memoranda After completion of the core drilling and testing at each potential production well site, SDI will prepare a memorandum for each site recommending whether or not the site would be a viable brackish water production well site. Each site memorandum will DRAFT R02 Work Order, ver. 2 Page 12 ken # 36 Attachment number 2 Page 13 of 24 include a summary description of the core lithology; results of the specific capacity testing and the water quality results; and preliminary recommendations for production well casing depth and open interval for each well. Deliverables. SDI will prepare draft memorandum recommending whether or not each site is viable as a brackish water production well. A memorandum for each site will be provided to the City in electronic format. TASK 3 - MODELING Task 3.1 - Update SEAWAT Model for Water Use Permit Support The SEAWAT model developed for the R02 Feasibility Project will be modified to add model capabilities that will be required for WUP support. The following modifications are envisioned at this time. • Add the Surficial Aquifer System (SAS) to the model. The top of the current SEAWAT model is the top of the UFAS. The prediction of potential water level changes in the SAS will be required for the WUP. • The eastern boundary of the model will be extended into Tampa Bay to provide more confidence in predicted water quality near the coast and allow for the simulation of injection of discharge from the R02 Facility. • The estimated ratio of vertical to horizontal hydraulic conductivity (anisotropy ratio) in Zone A resulting from the work in Task 2 will be incorporated into the model. • Zone C will be subdivided into additional layers to allow for better evaluation of the potential effects of injection on the design and operation of proposed R02 wellfield. • Once the existing and new R02 production well locations have been agreed upon with the City, the model grid will be further discretized around the wells. Smaller grids around the production wells are necessary to better evaluate the effect and extent of upconing in the vicinity of the wells. After the above changes have been made, model recalibration will be checked and adjusted as necessary to ensure the model adequately simulates observed water level and water quality conditions. Deliverable. SDI will provide updates at project meetings with the City. Revised model parameters and calibration confirmation will be documented in Task 3.2. Task 3.2 - Updated Model Report for Permit Support DRAFT R02 Work Order, ver. 2 Page 13 Rata # 36 Attachment number 2 Page 14 of 24 The SEAWAT model report previously prepared for the City will be revised to document the final model setup and parameters to support the WUP. As part of this report, a 30-year future base scenario will be simulated with Clearwater Reservoirs 1 and 3 production wells producing at average quantities to be developed jointly by the City and SDI. This future base scenario will not include the new brackish R02 wells, but would include existing 2010 average Reservoir 2 production. Production from other permitted users will also be included in the future base scenario. Documentation of the final R02 production scenarios for use in permitting will be provided in a memoranda or reports described in later tasks. Deliverable. SDI will prepare draft and final model reports. It is anticipated that this report will be attached as supporting information to the WUP application. SDI will provide the draft report in electronic format. Three (3) hard copies and one (1) PDF electronic file of the final report will be provided to the City. Task 3.3 - Final Wellfield Design and Report Once the SEAWAT model has been updated and all of the potential production wells have been drilled and tested, SDI will utilize the model to finalize the R02 wellfield design. It is assumed that sufficient parcels of City owned or controlled lands are available for location of the production wells and monitoring well clusters. It is also assumed the City Utilities Department will negotiate with other City departments for access to those parcels selected for construction of production and monitor well clusters with assistance from SDI. SDI anticipates evaluating approximately 15 different distributions of production at the R02 Facility to minimize potential water level and water quality impacts in Zone A and the SAS. In addition, some of these production distributions will be used to assess long-term water quality of the R02 Facility feed stream. The results will be used for WUP support, pipeline routing, and input to the well construction and testing documents. Deliverable. SDI will prepare a draft and final report describing the recommended wellfield layout and production well design. Three (3) hard copies and (1) PDF electronic file of the final report will be provided to the City. DRAFT R02 Work Order, ver. 2 Page 14 ken # 36 Attachment number 2 Page 15 of 24 TASK 4 - WATER USE PERMITTING The City has indicated to SDI that it will obtain a separate Water Use Permit (W UP) for the R02 Facility wellfield. SDI will take the lead in preparing the WUP application and supporting documentation developed by SDI. SDI will identify supporting materials that will need to be provided by the City or other members of the project team. Task 4.1 - District Pre-Application Meetings Two (2) pre-application meetings with the City and District staff are anticipated during the WUP process. The meetings will be to inform District staff of the project, answer their questions, and obtain their input prior to submitting an application. Deliverable. SDI may prepare maps, handouts and PowerPoint presentation materials for the pre-application meetings. SDI will provide a draft agenda for City review prior to each meeting. SDI will prepare draft and final minutes of each meeting, noting items of agreement, items yet to be resolved, and any Action Items for subsequent meeting. Task 4.2 - Develop New Water Use Permit Application SDI will prepare the new WUP application for the R02 brackish-water wellfield. SDI will coordinate with appropriate City staff and other team members as required to obtain information required to produce required maps and to fill out the District's on-line permit application. It is assumed that information in the District's on-line files will be sufficient to identify other legal existing users in the R02 area and that no verification of other wells in required. The new permit application fee of $1,000 in included in the cost of this Work Order. Deliverable. SDI will fill out the District on-line water use permit application for the City. One(]) Draft Application in electronic format will be provided to the City for review. Three (3) hard copies and one (1) electronic file of the Final application will be provided after the City's review. Task 4.3 - Water Use Permit Impact Analyses and Supporting Documentation Supporting information will include wellfield design based on drilling and testing program and SEAWAT model scenarios. The updated SEAWAT model completed in Task 3.1 will be used to simulate the required wellfield impact scenarios with the R02 DRAFT R02 Work Order, ver. 2 Page 15 kten # 36 Attachment number 2 Page 16 of 24 production well locations, open intervals, and production rates to support the R02 WUP application. WUP approval will be dependent upon demonstrating that surface water features, such as wetlands and streams in the surficial aquifer, water levels and water quality at other existing users in Zone A will not be adversely impacted by the proposed R02 wellfield. The updated SEAWAT model will be used to simulate average permitted rate and peak permitted rate scenarios as outlined in the District's Basis of Review (BOR) to evaluate water level changes in the aquifers. Additional simulations using 30-year scenarios are proposed to predict feed stream water quality and to assess potential water quality changes. Nine SEAWAT scenarios would be required for the WUP impact analysis to determine potential water level changes as outlined in the BOR. The R02 production well locations agreed upon with the City in Task 3.3 will be used for the impact analyses. • Incremental Water Level Changes (BOR) ¦ Base - current withdrawals ¦ Scenario - proposed R02 average withdrawals pumping for 365 days ¦ Scenario - proposed R02 peak withdrawals pumping for 90 days Total Water Level Changes (BOR) ¦ Base - Incremental Base without existing R02 wells ¦ Scenario - Base with R02 proposed average withdrawals pumping for 365 days ¦ Scenario - Base with R02 proposed peak withdrawal pumping for 90 days Cumulative Water Level Changes (BOR) ¦ Base - Predevelopment SEAWAT - 1970 conditions ¦ Scenario - total average permitted withdrawals by all users pumping for 365 days ¦ Scenario - total peak permitted withdrawals by all users pumping for 90 days In addition, two (2) long-term simulations (i.e., 30 years) would be conducted to predict R02 feed stream water quality and to assess water quality in the UFAS in response to the proposed R02 production. The following two scenarios are proposed. • Cumulative Water Quality Changes ¦ Base - 30-year simulation of current average withdrawals ¦ Scenario - 30-year simulation with proposed R02 withdrawals added to Base If the City or the District requests additional scenarios, SDI will conduct additional scenarios at a unit cost per scenario of $5,000. The proposed Work Order budget does DRAFT R02 Work Order, ver. 2 Page 16 Rata # 36 Attachment number 2 Page 17 of 24 not include such extra scenarios. SDI also assumes that the City's current Water Quality Action Plan and Mitigation Plan for its existing WUP will be applicable without modification for the proposed R02 WUP. Deliverable. SDI will prepare technical information and supporting reports required for completion of the electronic WUP application. When required, six (6) hard copies of selected documents and/or maps will be provided to the City (3) and to SWFWMD (3). Task 4.4 - RAI Response Support and Meetings It is anticipated that the City will receive two (2) Requests for Additional Information (RAI) letters during the WUP application process. The scope of the effort required to address the District's RAI's is unknown. For costing purposes, 80 hours effort per RAI is assumed. SDI will review each RAI and provide the City with an estimate to respond to that RAI. SDI will attend meetings with the City project team and District staff to discuss requested information and provide responses to City for appropriate items. Deliverable. SDI will prepare draft and final responses for items to be addressed by SDI. TASK 5 - PRODUCTION WELL INSTALLATION Task 5.1 - Well Construction and Test Plan Development Once the production well design has been finalized and the WUP approved, a well construction and test plan will be developed for submittal to the District. This test plan will set forth the locations of the production wells and monitor wells, well construction, step-drawdown testing, plans for test-water discharge and the water quality testing program. Deliverable. SDI will prepare a draft plan for review by the City, and SDI will submit it electronically to the District for approval after incorporation of City comments. One round of revisions/clarifications prior to District approval of the plan is anticipated and has been budgeted. Task 5.2 - Well Design Services and Bidding Assistance This task includes preparation of bid drawings and specifications to be issued by the City for a qualified driller to modify two (2) existing test production wells, possible modify DRAFT R02 Work Order, ver. 2 Page 17 ken # 36 Attachment number 2 Page 18 of 24 up to six (6) existing or OOS city wells, and construct an anticipated nine (9) new production wells and three (3) new monitoring wells (1 new 3-well cluster). It also includes review of submitted bids, recommend a bid award and well construction permitting assistance. It is assumed that the Standard City technical specifications used for the Phase I drilling and testing program will be utilized with modifications as necessary. For preparation of site plans, it is anticipated that the City will provide surveying services as needed to properly document the recommended sites including any legal descriptions that may be required, metes and bounds descriptions for section breakdown and/or acreage parcels, section boundaries to establish landlines as needed to tie into known horizontal control, mapping of any aboveground or belowground utilities or improvements, maps, atlases, and sub-surface utility locates, topographic survey showing all surface features, trees (4-inch DBH and above), and 1-foot contours, and after completion of drilling activities, identify the elevation data to NGVD and the horizontal data to NAD83, west zone, state plane coordinates, in feet for each of the newly constructed wells. Upon the final approval by the City, SDI shall provide the City with the final Well Construction Specifications and Opinion of Cost. SDI shall prepare and provide one addendum during the bidding review bids as provided by the City, provide an evaluation of bids and make a recommendation for award. Deliverable. SDI will prepare and submit drawings, specifications and an estimate of probable costs to the City for review at 90 percent and final designs. Three (3) sets of hard copies and one (1) electronic of final documents incorporating the City's comments will be delivered to the City. Task 5.3 - Well Construction Observation Services The contracted Driller will be responsible for applying for and receiving all necessary permits for modifications and/or construction and testing of the production wells and drilling of monitor wells including Well Construction Permits from the District and any required permits from Pinellas County Department of Health. Required permits will be indicated in the bid documents prepared under Task 5.2. SDI will provide the Driller with information to support the permitting process. The contractor will be required to submit copies of the permits to the City for review prior to construction. DRAFT R02 Work Order, ver. 2 Page 18 ken # 36 Attachment number 2 Page 19 of 24 SDI will provide continuous observation to monitor the drilling activities during the well installations/modifications and the testing of the production and monitor wells, conduct step- drawdown tests, and interpret geophysical logs. Control of drill cuttings and discharge water during drilling and testing will be specified in the test plan prepared in Task 5.1. SDI will collect the required water samples for analyses by the City or a lab subcontracted by the City. The Kapok and Ed Wright Park test production wells will need to be modified. A 12- inch inner casing will be installed to the depth determined in Task 2 so that the wells produce water from the target brackish water zone. The Ed Wright well will have been deepened as part of the testing in Task 2. The Kapok well will be deepened to the depth determined from the test coring in Task 2. The work that may be required to utilize the existing and OOS production wells will be determined in prior tasks of this Work Order. At each of the anticipated nine (9) new production well sites, I production well will be installed. Each of the production wells will be constructed in a similar manner, however the depth of the casings and open intervals will be determined for each site based on the results of the core drilling completed for Task 2. It is anticipated that the diameter of the inner casing will be 16-inches and that the diameter of the open borehole will be a 12 inches. Once the discharge location has been established, each well will be developed using the double-tube airlift method. A standard geophysical suite of logs will be run on each well. Under static conditions, temperature, caliper, gamma, short and long normal resistivity, fluid conductivity and fluid velocity logging will be done. Under pumping conditions, temperature, fluid conductivity, and fluid velocity logging will be done. It is assumed the District will require that one new monitor well cluster will be constructed at the location determined in Task 1.5. It is anticipated that the surficial aquifer monitor well will be 40 ft deep with 15 ft of screen. Two monitor wells will be installed into the Floridan aquifer. Specific well designs will be developed during WUP discussions with the District and specifications will be provided in the Construction Test Plan. Monitor wells will be constructed in a manner similar to the monitor wells installed as part of the recent testing program. DRAFT R02 Work Order, ver. 2 Page 19 ken # 36 Attachment number 2 Page 20 of 24 It is assumed for cost estimating and scheduling that the drilling contractor will only use one drill rig. Deliverable. SDI will observe construction and testing of the production and monitor wells and provide monthly progress r'epor'ts electronically for project meetings. Task 5.4 - Well Testing and Evaluation Due to data already obtained regarding the transmissivity of the UFAS in the R02 Area, the lack of adjacent monitor wells, and because of potential disposal limitations of test water, SDI is not proposing to conduct multi-day APTs at new production wells. SDI recommends a 3-hour step-drawdown test be conducted at each completed production well to estimate production potential and provide pump design information. SDI will collect water quality samples for primary and secondary drinking water parameters at the end of the test and deliver to a City contracted laboratory. The estimated well drawdown for the desired well production rate will be calculated and provided to the Design Engineer Consultant for pump selection. Deliverable. SDI will analyze the step-drawdown tests. Results will be included in a Drilling and Analysis Report pr'epar'ed in Task S.S. Task 5.5 -Production Well Drilling Report The results of drilling, well construction, geophysical logging, step-drawdown tests, and the water quality sampling of the production and monitor wells will be summarized in the well drilling and production well data and analysis report. Deliverable. SDI will prepare a Well Construction and Testing Report for the R02 Facility. Three (3) hard copies and (1) PDF electronic file of the final r'epor't will be provided to the City. TASK 6 - MEETINGS AND COORDINATION Task 6.1 - Progress Management, Coordination and Status Meetings As part of its project management activities, SDI will maintain records of information flow between SDI, its subcontractors and other team members. It is assumed that the City will plan monthly progress meetings to discuss the status and any issues related to the DRAFT R02 Work Order, ver. 2 Page 20 ken # 36 Attachment number 2 Page 21 of 24 project. Progress meetings will be scheduled to coincide with other project meetings as listed under Tasks 1 through 5 when possible. Teleconference calls will also be used for progress meetings as appropriate. It is anticipated that a series of meetings and conference calls with SWFWMD, the Design Engineer and the Injection Well Consultant will occur throughout the Project. The SDI Project Manager will provide information as requested. The SDI Project Manager will provide meeting minutes (as appropriate) and/or review of meeting minutes to document project activities and deliverables. SDI will prepare and submit project invoices in a timely manner according to the contract to ensure subcontractors and/or other contracted drillers, etc., are completing their assignments and that their invoices are accurate. SDI has assumed one day per month for project management, and approximately one to two days per month for Project Team coordination and attendance at 36 monthly meetings, including meeting preparation, attendance and reporting. Task 6.2 - Public Meeting Support SDI will provide public meeting support to the City for the siting and construction of the additional production and/or monitor wells. It is assumed that SDI will attend several meetings with the City concerning public meetings and will prepare information and graphics for the City's use. SDI will attend up to two (2) public meetings with City staff. Deliverable. SDI will prepare technical information and graphics as requested for public meeting support. It is assumed that SDI will attend up to two public meetings. II - DESIGN PHASE N/A III - FINAL DESIGN PHASE N/A IV - BIDDING PHASE N/A V - CONSTRUCTION PHASE (if applicable) N/A 3. PROJECT GOALS: DRAFT R02 Work Order, ver. 2 Page 21 Rata # 36 Attachment number 2 Page 22 of 24 The goals of this project are to design, permit and construct production wells for a brackish-water wellfield to provide 8.0 mgd raw source water for a new reverse osmosis plant at the City's Reservoir 2 Facility. 4. BUDGET: The estimated cost to perform the scope of work is $1,397,936.00. No task allowance is included in this work order. The cost details are presented in Attachment B. This price includes all labor and expenses anticipated to be incurred by SDI Environmental Services, Inc. for the completion of these tasks, on a time and materials basis, for not to exceed fee of Dollars $1,397,936.00. All necessary permit application fees will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The total length of the Tasks in this Work Order is estimated to take 36 months from the issuance of a notice-to-proceed. A schedule showing the duration each task is attached as Attachment C. 6. STAFF ASSIGNMENT (SDI Environmental Services, Inc.): Project Manager: Senior Technical Review: Sr. Project Geologist: Sr. Hydrologic Modeler Cathleen Beaudoin Jonas Phillip R. Davis John E. Palmer James R. Dozier 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Cathleen Beaudoin Jonas. All City project correspondence shall be directed to Robert Maue, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Deborah Lutz, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to Task/Subtask Schedule set forth in Attachment B. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0376-96767-561300-533-000-0000 9. ITEM 9 INTENTIONALLY LEFT BLANK DRAFT R02 Work Order, ver. 2 Page 22 ken # 36 Attachment number 2 Page 23 of 24 10. SPECIAL CONSIDERATIONS: PREPARED BY: Cathleen Beaudoin Jonas Vice President SDI Environmental Services, Inc. Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date DRAFT R02 Work Order, ver. 2 Page 23 Rata # 36 Attachment number 2 Page 24 of 24 Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. I. City of Clearwater CAD standards. 2. Consultant CAD standards (please provide all supporting documents when utilizing consultant standards). 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in AutoDesk Civil 3d file format. If not available, Land Desktop are still acceptable, however, the City of Clearwater is currently phasing out Land Desktop. NOTE: If approved deviation from Clearwater CAD standards are used, the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony(&Myclearwater.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. DRAFT R02 Work Order, ver. 2 Page 24 ktez4 # 36 Attachment number 3 Page 1 of 8 LEGGETTE, BRASHEARS & GRAHAM, INC WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: May 4, 2010 Project Number: City Project Number: 09-0044-UT 1. PROJECT TITLE: Permitting and Construction of a Class I Concentrate Test Injection Well 2. SCOPE OF SERVICES: The City currently operates one reverse osmosis (RO) water treatment plant, and is preparing to build a second RO plant. The concentrate from RO Plant No. 1 is currently discharged to the wastewater treatment plant where the effluent is used for reclaimed water irrigation. RO Plant No. 2 will produce concentrate with water quality that is too brackish to discharge to a wastewater treatment plant. Additionally, increasing arsenic concentrations in the concentrate from RO No. 1 may preclude continued discharge to the wastewater plant. As a result, the City is pursuing a Class I injection well for disposal of the RO concentrate from both RO Plant No. 1 and RO Plant No. 2. The City is also studying the feasibility of constructing a water treatment facility to provide additional treatment to reclaimed water at the Northeast Wastewater Treatment Plant for direct recharge to the aquifer. This plant would include RO treatment that would also create a concentrate stream that could be discharged to the injection well. The project will be completed in two (2) WORK ORDERS. WORK ORDER I consists of the design, permitting and implementation of a testing program. WORK ORDER II will consist of obtaining an operational permit. This scope of work is for WORK ORDER I only and includes services related to preparing a Feasibility Report, assisting with funding, obtaining a permit to construct a Class I test injection well, preparation of well construction specifications, assisting with bidding activities and final well design. Item # 36 Attachment number 3 Page 2 of 8 I - PRE-DESIGN PHASE Task I- Basis of Design Report LBG will prepare a Basis of Design report that describes the proposed use of and construction requirements for a Class I injection well for the purpose of concentrate disposal. The report will be based on available information regarding area hydrogeology, projected concentrate quantity and quality, and regulatory requirements. This pre-design phase will also include site selection for the test well and estimated costs for all construction, testing and permitting activities. At this time, two to three sites will be evaluated for testing. The most practical site or sites will be selected based on location to source water, ease of transport, potential impacts, access and permittability. We will also identify a conceptual configuration of the possible concentrate disposal pipeline and pumping system, and coupled with the proposed injection well pumping requirements compile an estimate of annual operating and maintenance costs for the concentrate disposal system. A draft report will be provided to the City for review. Upon completion of City review and approval, the report will be submitted to the FDEP, as required, in advance of a meeting to discuss permitting issues and requirements. Task 2 - Consultant Contractor Coordination LBG will provide assistance to the City for helping to manage the budget for consultant contractor coordination. This task includes assistance in developing and managing the budget with respect to the funding from the Southwest Florida Water Management District (SWFWMD or District). This task will also include two meetings with the City and one meeting with the SWFWMD. II - DESIGN AND PERMITTING PHASE Task I- Initial Meetings A Project Kick-Off meeting will be conducted with the Project Team and City representatives. The kick-off meeting will consist of a discussion of key issues regarding the Underground Injection Control (UIC) permitting process. Data requirements for the work necessary to develop the UIC applications will be discussed along with a review the project schedule, a review of current or previous efforts by the City related to permitting aspects, a review of site accessibility issues for well construction and testing, and team members responsibilities. A subsequent meeting will be held with the Underground Injection Control (UIC) Technical Advisory Committee (TAC). The purpose of this meeting is discuss the feasibility report and identify the issues that the TAC has, and how they should be addressed in the permit application and well construction and testing program. Item # 36 Attachment number 3 Page 3 of 8 Task 2 - Prepare Test Injection Well Construction Permit Application Package LBG will prepare an application for construction of a Test Injection Well in accordance with Chapter 62-528.440 and 450 F.A.C. The application package will include an Area of Review Report, and a well construction and testing program that addresses the requirements of Chapter 62-528.405, and .410. Design drawings for the test injection well. The design plans shall be compiled using one of the following two methods: 1) The City of Clearwater CAD standards, as attached, 2) Pinellas County Survey CAD standards for survey base map and City Of Clearwater standards for the design portion. A Professional Engineer will sign and seal all documents/drawings, as required. This task will include several meetings with the Technical Advisory Committee (TAC) during the permitting process. The well will be permitted as a test injection well that could potentially serve as the operational injection well if the site is found to be suitable for injection. LBG will provide a draft of the application package to the City for review and comment. After the City review, the package will be finalized and submitted to the FDEP. III - FINAL DESIGN PHASE Task 1- Prepare Final Test Well Design Based on comments from the TAC during the permit review process, the well design and proposed well construction and testing procedures will be finalized. The final documents will be the basis for the technical specifications used in the subsequent bidding phase. IV - BIDDING PHASE Task 1- Preparation of Bid Documents The technical specifications prepared in the previous phase will be merged with the contract documents provided by the City, and a bid form prepared by LBG to create a bid document for construction and testing of the test injection well. Task 2 - Assistance with Bidding LBG will attend a pre-bid meeting and prepare any required addenda. We will then review the bids received, and make a recommendation to the City for acceptance of the lowest responsive and qualified bid. 3. PROJECT GOALS: The following work products will be submitted during the project: 1) Basis of Design Report Item # 36 Attachment number 3 Page 4 of 8 2) Contractor Coordination 3) Test Injection Well Construction Permit Application Package, including application, Area of Review Report, construction and test plan, and well design drawings. 4) Technical Specifications and assembly of bid documents using City- provided contract documents. 5) Selection of a Drilling Contractor LBG will provide 15 copies of all documents to the City, which includes the copies to be submitted to the FDEP. All original formatted documents will also be provided in electronic format. It is anticipated that monthly meetings will be held with the City during this project, and up to four meetings will be held with the TAC. 4. BUDGET: A table is included with this WORK ORDER INITIATION FORM that depicts the total cost per task and/or phase for these engineering services - see Attachment "B". This price includes all labor and expenses anticipated to be incurred by Leggette, Brashears & Graham, Inc for the completion of these tasks, on a lump sum basis, for a fee of $132,203, and not to exceed fees for task allowances totaling $7,823 for a total of $140,026. Any necessary permit application fees will be paid by the consultant and invoiced to the City as a reimbursable. 5. SCHEDULE: The following schedule is defined in terms of the four project phases defined for WORK ORDER I. The phases are performed consecutively, with the start of each phase contingent on the completion date of the previous phase. The project is to be completed 14 months or 434 days from issuance of notice-to-proceed. The project activities are to be phased as follows: I - PRE-DESIGN PHASE 30 days II - DESIGN AND PERMITTING PHASE 270 days III - FINAL DESIGN PHASE 14 days IV - BIDDING PHASE 120 days 6. STAFF ASSIGNMENT (Consultant): David A. Wiley, P.G. - Project Manager Jeffrey M. Trommer - Lead Project Hydrogeologist Item # 36 Attachment number 3 Page 5 of 8 Roy Silberstein - Lead Professional Engineer Richard Cofer - Hydrogeologist II (Lead Field Staff) Ron Ewinski - Sr. Hydrogeologist Tim Harrell - Drafting Dayna Green - Word Processing 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to David A. Wiley, P.G.. All City project correspondence shall be directed to Robert A. Maue, P.E. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly on a time and material basis in accordance with the attached fee schedule. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 9. ITEM 9 INTENTIONALLY LEFT BLANK 10. SPECIAL CONSIDERATIONS: None PREPARED BY: kJ 0 David A. Wiley f Sr. Vice President Leggette, Brashears and Graham, Inc. Sep 3, 2010 Date APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Item # 36 Attachment number 3 Page 6 of 8 {Add the following as an Attachment} Clearwater ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment "A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of I" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom.mahony(&clearwater-fl.com ? All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 36 Attachment number 3 Page 7 of 8 ATTACHMENT B CITY OF CLEARWATER PERMITTING AND CONSTRUCTION OF A CLASS I CONCENTRATE INJECTION WELL PROJECT BUDGET Leggette, Brashears & Graham, Inc. Task Description Sub-consultant Services Labor Total 1.0 Pre- Design Phase 1.1 Basis of Design Report $16,928 1.2 Consultant Contractor Coordination $8,800 $25,728 2.0 2.1 Design and Permitting Phase Meetings $20,104 2.2 Prepare Injection Well Permit Application $58,130 2.3 Task Allowance (10%) $7,823 $86,057 3.0 Final Design Plans and Specifications Phase 3.1 Prepare Final Well Design $5,904 $5,904 4.0 Bidding Services Phase 4.1 Prepare Bid Documents $7,928 4.2 Bidding Assistance $4,464 $12,392 Subtotal, Labor and Subcontractors $130,081 Permit Review Fees $7,500 Other Direct Costs (prints, photocopies, postage, etc) $2,445 Grand Total $140,026 Item # 36 Attachment number 3 Page 8 of 8 CITY OF CLEARWATER ENGINEER OF RECORD RFQ 12-09 2010 DIRECT HOURLY RATES LEGGETTE, BRASHEARS AND GRAHAM, INC. Job Classification Minimum Rate ($ / hour) Typical Maximum Senior Vice President $63.75 $64.90 $68.15 Vice President/Officer-in-Charge $63.75 $64.90 $68.15 Project Manager/Associate Principal $48.00 $50.96 $62.00 Construction Manager $25.00 $25.72 $37.00 Construction Engineer Senior Engineer/Scientist $25.00 $25.72 $37.00 Engineer/Scientist (III-IV) $24.00 $25.00 $29.00 Engineer/Scientist (I-III) $20.00 $22.60 $27.00 Planner Landscape Architect Field Technician $21.50 $22.50 $35.10 Senior Designer Drafter/CADD Operator $21.50 $22.50 $35.10 Operations Specialist Fiscal/Accounting $17.00 $20.00 $34.00 Administrative/Clerical $17.00 $18.66 $31.00 MULTIPLIER: 3.4 Item # 36 a Q oar U) o O W vz aa Hloos-N3llnw=w '? _ 0 rc o w ,_ as a3HOl3s d, y 2 " w w w w O w LL ° a ? a v y c g na a3H?138 ? N C N N ~ N p a N LL = c o m m. 5* w °? - .. .. ? m° F m c c? m C N o N o c v v o ?, I w N N (6 V d Q (6 O 0 .. na 3N33N.. N m a ? N N j > d N N LL ?' C ` F O C O C O O O O p lL Z O N Z N N Z Z Z C:) .. . -- C o C N N o N N N m d ° o ° _^ . e a i a i a i a i a i .......ell e . a @ ,- a ; d<°;°"d 8 k Z ..... 6 UJ v C 3 3NVl . s ,e = - .. nv m 3Atl nNtlIH?JIH « C (6 j o o > a? U g 2 N o? N k N O v v _ 00 2 U N d o N N U - .. U o Sao :oa .. a - N ' '3Atl is r m o O a m » o O a? c z Y> U _ , N O W o "o .3 .3 U a` O ?p ?• C ..-C'. C U O O OI J ? - O gg ?' U U > N O - ' 7 U i0 d °? F '>o o w E U a o U a' ?' K d? ' 4 c c a? ? o o LL O¢ o= c cW `°? N m lL d Y O O O m03 js K c c U U N N 'N ¢ O roil Y m m o N tp acn W ¢¢ s2 s sZid'Ziou ?Ja»Uo? A I °c -- x • W J O _ (D 0 w Q..L0 o O Qw . C d E d Q O ?? E.-.• _ o ? Q aE o o N - IL c o o w o a N N r G - o o ? U fC d L 3 L a N a a O.O °wEv Ew`o w o" o w 0 0 C? "mdE ?o a'Emc wc o o ? E U G o9 " z a 3 n H a w w Q Q U Lu Q J W U co ?y o Ja IJJ J J W co Attachment number 5 Page 1 of 3 ATTACHMENT B CITY OF CLEARWATER R02 WELLFIELD PERMITTING AND DEVELOPMENT PROJECT BUDGET SDI Environmental Services, Inc. Task Description Subconsultant Services Labor Total 1 R02 Well Site Selection for Confirmatory Testing 1.1 R02 Area Site Suitability Data Acquisition $ 5,000.00 $ 19,167.00 $ 24,167.00 1.2 Zone B Water Quality Sampling $ 1,500.00 $ 5,107.00 $ 6,607.00 1.3 Evaluate Existing Production Well Viability and Screen New Sites $ 9,726.00 $ 9,726.00 1.4 Simulate and Evaluate Defined Wellfield Scenarios $ 35,389.00 $ 35,389.00 1.5 Select Well Sites for Confirmatory Core Drilling and Testing $ 55,360.00 $ 55,360.00 1.6 Evaluate Potential Monitor Well Sites $ 7,749.00 $ 7,749.00 Task 1 Total $138,998.00 2 Field Testing Program 2.1 Develop Plans for Drilling and Testing Program $ 13,571.00 $ 13,571.00 2.2 Zone A Vertical Hydraulic Testing $ 75,000.00 $ 17,660.00 $ 92,660.00 2.3 Test and Select Brackish Production Intervals $ 80,000.00 $ 27,019.00 $107,019.00 2.4 Implement Core Drilling and Testing Program $270,000.00 $159,231.00 $429,231.00 2.5 Potential Production Well Site Confirmatory Testing Memoranda $ 24,074.00 $ 24,074.00 Task 2 Total $666,555.00 3 Modeling 3.1 Update SEAWAT Model for Water Use Permit Support $ 40,034.00 $ 40,034.00 3.2 Updated Model Report for Permit Support $ 17,635.00 $ 17,635.00 3.3 Final Wellfield Design and Report $ 23,418.00 $ 23,418.00 Task 3 Total $ 81,087.00 4 Water Use Permitting 4.1 District Pre-Application Meetings $ 8,391.00 $ 8,391.00 4.2 Develop New Water Use Permit Application $ 28,842.00 $ 28,842.00 4.3 Water Use Permit Impact Analyses and Supporting Documentation $ 55,866.00 $ 55,866.00 4.4 RAI Response Support and Meetings $ 22,467.00 $ 22,467.00 Task 4 Total $115,566.00 5 Production Well Installation 5.1 Well Construction and Test Plan Development $ 15,535.00 $ 15,535.00 5.2 Well Design Services and Bidding Assistance $ 21,103.00 $ 21,103.00 5.3 Well Construction Observation Services $168,098.00 $168,098.00 5.4 Well Testing and Evaluation $ 17,447.00 $ 17,447.00 5.5 Production Well Drilling Report $ 28,653.00 $ 28,653.00 Task 5 Total $250,836.00 Item # 36 Attachment number 5 Page 2 of 3 6 Meetings and Coordination 6.1 Project Management, Coordination & Status Meetings $118,229,.00 $118,229..00 6.2 Public Relations Support $ 15,040.00 $ 15,040.00 Task 6 Total $133,269.00 Tasks 1 through 6 Total $431,500.00 $954,811.00 Subtotal, Labor and Subcontractors $1,386,311.00 Permit Review Fees $ 1,000.00 Other Direct Costs (prints, photocopies, postage, etc) $ 10,625.00 Task Allowance (10%) $ 0.00 Grand Total $1,397,936.00 Item # 36 Attachment number 5 Page 3 of 3 ATTACHMENT C Item # 36 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract (purchase order) for MicroCg with Environmental Operating Systems of Bourne, MA for the period September 24, 2010 through September 30, 2011, for a value of $200,229.75 and authorize the appropriate officials to execute same. (consent) SUMMARY: MicroCg is an agriculturally derived chemical that optimizes the biological removal of nitrogen, a pollutant in wastewater. Nitrogen removal during wastewater treatment is required in order to protect the marine environment and maintain Florida Department of Environmental Protection permit compliance. MicroCg is a proprietary, supplemental, carbon source that is non-flammable and does not pose a fire hazard to the plant operators or the facilities. Under normal operations, small quantities of MicroCg are used to compensate for biological variations or to "polish" wastewater denitrification and to maintain regulatory compliance. With the start of active construction of the East WRF Anoxic Tank Rehabilitation project (estimated to start in January 2011), the daily dosage of MicroCg required to maintain permitted treatment levels will need to increase. This project will require taking series of tanks or portions of the plant out of service where denitrification normally occurs slowly. During construction, an increased dosage of MicroCg will be used to accelerate denitrification within the remaining tanks in service. The East WRF Anoxic Tank Rehabilitation project is estimated to require an additional 2500 gallons of MicroCg over the course of the construction impact to the plant. The estimated quantities for the contract period include both normal operations at all three plants and operations during construction at the East facility. The City is currently purchasing MicroCg from the manufacturer, Environmental Operating Systems (EOS), for a 2009 negotiated price of $2.94/ gallon. EOS extended the 2009 price quote to the City for an additional six months in March 2010. The proposed contract price is $3.00/ gallon, which represents a 2.04% increase over the price of $2.94 per gallon previously negotiated in May 2009. This current proposal from EOS guarantees the price through September 30, 2011. Sufficient budget is available in the WPC Operations operating cost center 0421-01351-551000-535-000-0000 to fund FY2009/2010 in the amount of $18,632.25 and to fund FY2010/2011in the amount of $181,597.50. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Budget Adjustment: None Current Year Cost: $18,632.25 Annual Operating Cost: Not to Exceed: Total Cost: $181,597.50 For Fiscal Year: FY10/11 to FY10/11 Appropriation Code Amount Appropriation Comment 421-01351-551000-535- $181,597.50 FYI 0/11 000-0000 Cover Memo Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Sole Source It@Ill # 37 Review 1) Financial Services 2) Public Utilities 3) Financial Services 4) Office of Management and Approval: Budget 5) Legal 6) Clerk 7) Assistant City Manager 8) Clerk 9) City Manager 10) Clerk Cover Memo Item # 37 Attachment number 1 Page 1 of 1 Environmental Operating Solutions, Inc. CUSTOMER QUOTE 160 MacArthur Boulevard, Suite 6 CInvironn,entai Bourne, MA 02532-3919 Date: September 24, 2010 Operating .. Phone: (508) 743-8440 Fax: (508) 743-8443 Valid Until: September 30, 2011 Solutions w- www.eosenvironmental.com Toll Free: 1-866-MicroC-1 Salesperson: Erica Latker Technical Lead: Sam Ledwell 954-383-6345 774-392-0336 Customer Info: Ship To: City of Clearwater Same 100 S. Myrtle Street Clearwater, FL, 33756 Attn: Flo Reichert End-Customer Note: This pricing is only specific for City of Clearwater WWTP's. Product Packaging Units Total gallons Price / gallon* Total price MicroCg'" Full Bulk Tanker 4500 $3.00 Partial Bulk Tanker 2500-4500 $3.26 * Pricing includes shipping FOB Marshall Street WWTP, Northeast WWTP or East WWTP. Item # 37 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Oddessy Manufacturing Company, of Miami, FL, for the purchase of Sodium Hypochlorite in the amount of $1,411,083.51, during the contract period October 1, 2010, through September 30, 2013, as the most responsive bid for RFP 25-10, and authorize the appropriate officials to execute same. (consent) SUMMARY: Sodium Hypochlorite is used at the Water Treatment Plants and the Advanced Wastewater Treatment Facilities to maintain regulatory compliance with the City's existing Potable water and Wastewater treatment facilities' operating permits, specifically for the disinfection process for Potable Water and Wastewater Treatment as mandated by the Florida Department of Environmental Protection (FDEP). The bid was advertised on July 16, 2010, and two bids were received on August 30, 2010. Allied Universal Corp. did not fully submit all documents as required in RFP 25-10. Upon request Allied Universal Corp submitted the NSF laboratory results for 2009, which shows an unacceptable level of bromate in the analysis. This bidder has been disqualified. The most responsible bidder is Odyssey Manufacturing Co., with a price of $0.685 per gallon for the first year, with a total estimated bid amount of $456,408.65. If the parties agree to renew, the new price for the second period shall be the Base Price multiplied by the cumulative change in the Bureau of Labor Statistics Producer Price Index (PPI) for the period of October 1, 2011, through September 30, 2012. If the parties agree to renew for a third period, the new price shall be the price in the first renewal period multiplied by the cumulative change in the PPI for the period of October 1, 2012 through September 30, 2013. This agenda item is for the approval of a three-year contract, assuming a 5% increase over the contract period dependent upon PPI increases, including an estimated increase in potable water production of 1 mgd in 2012, due to plant expansion, not to exceed $1,411,083.51. The recommended contract will replace our current BPOs for Sodium Hypochlorite (BR506315, BR505766, and BR506074). The new bid represents an 8.029% reduction in cost for the first year. (Current price from Odyssey is $0.74 per gallon.) Sufficient budget is available in the Water and Sewer Utility Fund operating cost center 0421-02053-551000-533-000-0000 for Water in the amount of $86,508.65 and 0421-01351-551000-535-000-0000 for WPC Operations in the amount of $369,900.00, to fund FY10/11 in the amount of $456,408.65, and is planned in the budget request in the Water and Sewer Utility Fund operating cost center 0421- 02053-551000-533-000-0000 for Water in the amount of $97,918.87 and 0421-01351-551000-535-000-0000 for WPC Operations in the amount of $369,900.00 to be brought forward for FYI 1/12 in the estimated amount of $467,818.87 and is planned in the budget request in the Water and Sewer Utility Fund operating cost center 0421-02053-551000-533-000-0000 for Water in the amount of $116,956.00 and 0421-01351-551000-535-000-0000 for WPC Operations in the amount of $369,900.00, to be brought forward for FY12/13 in the estimated amount of $486,856.00. These dollar amounts may be adjusted to reflect a dollar amount based on actual use at the time of renewal. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 421-02053-5510000-533- 000-0000 Budget Adjustment: None Annual Operating Cost: Total Cost: $1,411,083.51 FY10/11 to FY 12/13 Amount $ 86,508.65 Appropriation Comment FY10/11, and FYI 1/12 is same + 2.5% Cover Memo Item # 38 421-01351-5510000-535- $369,900.00 FY10/11, and FYI 1/12 is same + 2.5% 000-0000 421-02053-5510000-533- 000-0000 421-01351-5510000-535- 000-0000 Bid Required?: Other Bid / Contract: $116,956.00 FY12/13 $369,900.00 FY12/13 Yes Bid Number: Bid Exceptions: RFP #25-10 None Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 38 w LO 00 U) Z U O Q Q? n O 0 U 0 Q O co O T- Lai 0 0 W N Z) J z Z LL (09 a Q W >- 75 1 Q U) U) D O z It U) Q O 0 O O 0 Q a Y J D C7 ? ? U) O U z w W J Ll W > U> N Z Z Q D g W J J a W H w O w J _ U O L N i o a CL = Q) O -EM C V Z U a) O w (o? w = E 0 ° U a) N > L N W O O Z) C: L ++ Q? L :2 M Z W CD O L) W 00 Q P: U U) =) o w J J _ z E N N w > J W U z Cl E OaoaQ J (o 0 O H ? g aaa w U m m m - LO LO _ O O co o N O C14 Lo O co co o O Cl) m ? 'd co co 0) N LO O LO (O co co C:) ,It N ? N O N rn ? O O O O o rn o rn C:) C14 N N 'It O o_ o N O O N Q 00 f? O 0 N I- 0 W H Z) m W F -- w w Cn E O 0 L w a) H w 0 T a E 00 C'7 E N Attachment number 1 Page 2 of 3 3 YEAR PRICE 2011 2012 2013 TOTAL Allied 0.674 $449,079.46 $449,079.46 $467,530 .21 $1,388,423.78 INCREASE $11,226.99 $11,507. 66 $460,306.45 $479,037 .87 Odyssey 0.685 $456,408.65 $456,408.65 $475,160 .53 $1,411,083.51 INCREASE $11,410.22 $11,695. 47 $467,818.87 $486,856 .00 wpc 540000 water 126290 water increase 27375 Dec-12 renewal- INFLATION 2.50% Bid did not meet all specifications Item # 38 N O U O U T C O 7 U N U O O O O O O O O 6 6 O O 0 0 ' LO Cl) M co co 00 LO LO J ? O O 0 0 a a O o LU } o LO LO M H 60- D (, ) ? CD Cl) O = N O O N N CD ? O O Cl) 0 LO ? O 0 N O Ln (fl 0 00 co O CD (D O LO Lf) O 00 (R) O 02 LO (O - co t` 00 , - 00 It 60- It ? f 04 LO N 0 00 0 (O O 00 00 CD 00 00 N O O 00 (, 0, 0, 00 O G) G) 00 (D ,It H} C-0 QD O LLJ O O LC) Ln O CD CO N 00 O 0? 0? G) O O ? LO C? cf? Q6 00 Ln LO O O LO 00 O O t` (q Cl) W ° O (D U It C14 N d O N U W U N Q M W C) U U 0 Z CL co co 3 3 3 0 O Ln N Z O H Q J LL Z J (0 c 00 C'7 E N Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1401 Lemon Street (Lot 18, Block B, Sunny Park Groves in Section 23, Township 29 South, Range 15 East)and pass Ordinances 8206-10,8207-10 and 8208-10 on first reading. (ANX2010-06001) SUMMARY: This voluntary annexation petition involves a 0.146-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Lemon Street and the east side of Sunny Park Road.The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.2-acres of abutting right-of-way of Lemon Street and Sunny Park Roadnot currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the west and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the Lemon Road right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City. The property is located within Police District 11 and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 47 located at 1460 Lakeview Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 39 Attachment number 1 Page 1 of 7 w LI I¢ C7 z 0 0 LK EASY LL 0 y 0 10 ?LJaLF LJ 0 BROWNING M M GRA88 L4KEVIEW BT L_CiTT,4;,^; RD Nrl?t A-EHclG ST hlcrmandy Park Dr L ? ? EmiF[ B:?LI:^ a T°,I'1 [AEI=.1 JE e PROJECT `T PfJE w i SITE ?T ?nr,s6o g ? FuEI a T= = T c =T i T ,H T- C L T- E _ T i LOCATION MAP Owner: Paul and Deborah Maphet Case: ANX2010-06001 Property Size (Acres): 0. 1 46 Site: 1401 Lemon Street Size R-o-w(Acres): 0.2 Land Use Zoning PIN: 23-29-15-86958-002-0180 From : RL R-3 To: RL LMDR Atlas Page 315A S:APlanning DepartmentT D B\Annexations\ANX - 2010\ANX2010-06001-1401 Lemon St.- Maphets\Maps\ANX2010-06001 Locatiolterld#x39 Attachment number 1 Page 2 of 7 { t f? } t?'Sc - f6 !. YFi?. 1 n*!'a',?,H N ??-- 2 GFUf1 f V'f *? , ')P } )??'.?? -"'?^ ?'t ??d?y ?y?Ji 1S f(f! ,y,4 f C y ?. .? r+ y fs°I vry,?, - ?f t'?iSSP'a:? $ ':11r j'(t? ??.m2.ecr ?.i; S iy ?j'4?P l ? y {.].. _,?? C,lk?. •,?? 1 .. ti', 3 % ' ( t F y 1? le E. ( e I - t ?r {',`, ? S 2. ,y? tt 1 J? ? i- 11 J y fo?a ? ?s,? f? lJ 1t 'y? I ??F. ? ? f Ih ?? ff 1 I - t, f' „ I y f : Tfyl ? I ?h t ti. n 1 ?' ???f ry g{? ' ' ?'k l ; IE ?, I ^ } S - a ..` ? a? y r y uF Is- I (tl r E I_` II v `ls ..Y it ._ ?.# \1 !1 _ l?.• I } r,ll fA3 {fl I' JU AERIAL PHOTOGRAPH Owner: Paul and Deborah Maphet Case: ANX2010-06001 Property Size (Acres): 0 1 46 Site: 1401 Lemon Street . Size R-o-w(Acres): 0.2 Land Use Zoning PIN: 23-29-15-86958-002-0180 From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning DepartmentT D B\Annexations\ANX - 2010\ANX2010-06001-1401 Lemon St.- Maphets\Maps\ANX2010-06001 AERIAL PI IAM3a.cx Attachment number 1 Page 3 of 7 1q?8 9 X10 11 1 19 " :zz « za as. : s:. z? "28: e P p P r I !? N c0 O N KO? ! 4 N . ? l!y v?.y f n r / TEMPLE ST o 6 B^ r X41 -0 5 I sny 4 o v a N N N ? M` M P J 3 2 X ? r V V ? ? ? ? ? V ? t_ 848 18 1 7 16 1' 1d 13 12 11 10 o 7 " 7 ., 0 ) 1 1419 9 tOco co 11 `? t2er 1 rn X13 19 1 2 1 21 Z 24 - L6 27 -8 29 30 1425 co I 0 1 co 1 4 7 ^ t°y V a O' m N M M o 7 8co r - v? 25470 CITRUS ST J BL BE? ?E o co 3 2 "' o I T? Imo. r N h O) M ^ VR? 5 4 1 1 18 17 1 1B 1:? 14 13 12 X10 8 C so 1429 q 9 10 11 eo 12 2 2", 24 0 2.- 26 28 8 3 3 M M M 1431 cow- 7 7 w. " N M M ? M - !' zt " - 7 @ 1435 LEMON ST X I co M ? 3 2 - 14 13 12 11 10 .. 8 p M 4 I I I N ? ? 5 ? L 6 p V X 11 12 co 19 20 X21 22 23 " •24 ?i? ?„ N 28 29 31 rn 10 1443 u 8 9 co a M SEABREEZE ST & 1 O / y r h ? M ` 1447 2 F14 1s 3 4 1470 5 10 19 1 2 21 N 4 - L i? 2 ip 29 . 9 O w A6^ j 1 1 T :" ? 0 M N ^ \ 6 C. CO) NURSERY 1p6 NN RD 12 1500 P . F r F ? r ? 11 ? 1 tL! 1 1 L . 4 ., 4 1501 18 11, qb?1 7 1 14 1r an 17 F- 21 2 X 3640 PROPOSED ANNEXATION MAP Owner: Paul and Deborah Maphet Case: ANX2010-06001 Property Size (Acres): 0 1 46 Site: 1401 Lemon Street . Size R-o-w(Acres): 0.2 Land Use Zoning PIN: 23-29-15-86958-002-0180 From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning DepartmentT D B\Annexations\ANX - 2010\ANX2010-06001-1401 Lemon St.- Maphets\Maps\ANX2010-06001 Proposed Ata?li 4.3Aocx Attachment number 1 Page 4 of 7 4406 A a U ?: t 1 .3 I l T?MP4• i! ^ ? a • y: v 7 ? ° 7 ? ? ? 7 1419 1425 v ro m m ? •`2 M v BELLEVUE BLVD CfTR{/S ST "2 "2 s ;?RU - 711 a 1429 +? Y LL - J 1435 M LEMON ST m ? ?2 m o m 43 SEA BI:EE ZE S T w ,Q 1470 Z L L w? v ? R6 w ` L r 7 ,?p6 1 69 w?, °' V) I..- NURSERY RD 1500 ° w :7 v v 7 7 7 7 7 ° v 150 FUTURE LAND USE MAP Owner: Paul and Deborah Maphet Case: ANX2010-06001 Site: 1401 Lemon Street Property Size (Acres): 0. 1 46 Size R-o-w(Acres): 0.2 Land Use Zoning PIN: 23-29 -15-86958-002-0180 From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-06001-1401 Lemon St.- Maphets\Maps\ANX2010-06001 Future Land Re 1Ma#139 Attachment number 1 Page 5 of 7 4406 a o r =J w: Z a 7 ? 472 - TEMPLE ST - 7 1419 ro m m ? 1425 v ?2 v ro n `'! 7 - BELLE VUE BLVD CITRUS ST T T 1429 - F T-- L- 7 7 7 7 . 7 ?2 ? 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M r r M 11 tL? 1 1 L 8 4 4 150 13 14 15 Jr '17 e e 20 21 X 364.0 EXISTING SURROUNDING USES Owner: Paul and Deborah Maphet Case: ANX2010-06001 Property Size (Acres): 0 1 46 Site: 1401 Lemon Street . S ize R-o-W(Acres): 0.2 Land Use Zoning PIN: 23-29-15-86958-002-0180 From : RL R-3 To: RL LMDR Atlas Page: 315A S:APlanning Department\C D B\Annexations\ANX - 2010\ANX2010-06001-1401 Lemon St.- Maphets\Maps\ANX2010-06001 EXISTING SUkt63114IWUSES.docx Attachment number 1 Page 7 of 7 n? i View looking south at the subject property, 1401 Lemon Street View looking east along Lemon Street , dt r ', I r } o- ? yk1? q s ? X ? r f r yip I? t .,. ???-.,? ?? •? View looking south along Sunny Park Road rY +q` North of the subject property South of the subject property ANX2010-06001 Maphet, Paul and Deborah Item # 39 1401 Lemon Street r t: ? [ J Attachment number 2 Page 1 of 2 ORDINANCE NO. 8206-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON STREET AND EAST SIDE OF SUNNY PARK ROAD, CONSISTING OF LOT 18, BLOCK B, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1401 LEMON STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF LEMON STREET AND SUNNY PARK ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 18, Block "B", SUNNY PARK GROVES, according to the plat thereof as recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right- of-way of Lemon Street and Sunny Park Road (ANX2010- 06001) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Item # 39 Ordinance No. 8206-10 Attachment number 2 Page 2 of 2 Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 39 Ordinance No. 8206-10 Attachment number 3 Page 1 of 1 ORDINANCE NO. 8207-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON STREET AND EAST SIDE OF SUNNY PARK ROAD, CONSISTING OF LOT NUMBER 18, BLOCK B, SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1401 LEMON STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF LEMON STREET AND SUNNY PARK ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category Lot 18, Block "B", Sunny Park Groves Residential Low (RL) according to the Plat thereof, recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Lemon Street and Sunny Park Road (ANX2010-06001) 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. 8206-10. 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 Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 39 Ordinance No. 8207-10 Attachment number 4 Page 1 of 2 ORDINANCE NO. 8208-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF LEMON STREET AND EAST SIDE OF SUNNY PARK ROAD, CONSISTING OF LOT NUMBER 18 BLOCK B SUNNY PARK GROVES, WHOSE POST OFFICE ADDRESS IS 1401 LEMON STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF LEMON STREET AND SUNNY PARK ROAD, 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 Lot 18, Block "B", Sunny Park Groves according to the Plat thereof, recorded in Plat Book 36, Page 2, Public Records of Pinellas County, Florida, together with the abutting right-of-way of Lemon Street and Sunny Park Road Zoning District Low Medium Density Residential (LMDR) (ANX2010-06001) 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. 8206-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Item # 39 Ordinance No. 8208-10 Attachment number 4 Page 2 of 2 Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Item # 39 Ordinance No. 8208-10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code regarding overnight accommodations accessory uses in the commercial and tourist districts, sidewalk vendors, commercial docks, parking and outdoor storage in residential districts, enforcement provisions relating to nuisance violations, and the distance between community residential homes, and pass Ordinance 8211-10 on first reading. (TA2010-07002) SUMMARY: There are several catalysts for the proposed amendments. Below is a list of the proposed amendments, organized according to Code section, with the catalyst in parenthesis. Article 2. - Zoning Districts 1. Sidewalk Vendors (Staff) The proposed amendment eliminates sidewalk vendors as an allowable use in the Tourist and Downtown districts. 2. Accessory Uses in the Overnight Accommodation Use in the Commercial and Tourist Districts (City Council) The proposed amendment requires that overnight accommodation uses with fewer than 50 rooms comply with the parking standards for the restaurant use. Article 3. - Development Standards 1. Docks (Staff) The first proposed amendment states that if an applicant demonstrates riparian or littoral rights which affect the location of the dock, the minimum deviation needed to exercise those rights should be allowed. The second proposed amendment eliminates the current provision that exempts boat lifts added to existing docks from setback requirements. 2. Parking Restrictions in Residential Areas (Clearwater Neighborhood Coalition and Staff) The first amendment specifies that boat trailers cannot exceed 25 feet in length if located in the front setback. The second amendment identifies the types and sizes of vehicles permitted to be parked in the side and rear setbacks. Lastly, this proposed amendment states that commercial vehicles exceeding a certain size cannot be parked in residential areas. 3. Outdoor Storage in Residential Areas (Clearwater Neighborhood Coalition and Staff) The first proposed amendment clarifies that items stored on carports are subject to outdoor storage provisions. The second proposed amendment requires that car covers are used in a manner that allows Code inspectors the ability to see if the tires are flat and the tags are current. 4. Nuisances (Staff) Cover Memo The proposed amendment allows nuisance violations to be enforced as "nuisance" or "non-nuisance" cases. Item # 40 Article 7. - Enforcement Proceedings 1. Nuisances (Staff) The proposed amendment allows nuisance violations to be enforced either by notice of violation to be decided by the MCEB, a ticket to the Court or actual abatement. Article 8. - Definitions and Rules of Construction 1. Community Residential Home Separation Requirement (Staff) The proposed amendment requires 1,000 foot separation between community residential homes to be consistent with Florida Statutes. Ordinance No. 8211-10 and the staff report contain further analysis and information on the proposed amendments. The Community Development Board (CDB) reviewed theproposed text amendment at its meeting of August 17, 2010. The Board unanimously recommended the amendment for approval, with two concerns. One concern was the correlation between boat trailer size and boat size (Section 3-1407.A.2.b) and the other was the language for large vehicles (Section 3-1407.A.4). Both concerns have been addressed by editing the language in the ordinance as recommended by the Board. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 40 Attachment number 1 Page 1 of 5 CDB Meeting Date: Case Number: Ordinance Number: Agenda Item: August 17, 2009 TA2010-07002 8211-10 El CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 8211-10 INITIATED BY: City of Clearwater Planning Department BACKGROUND: There are various impetuses for proposed Ordinance No. 8211-10. City Council requested that accessory use provisions for overnight accommodations be further amended. The Clearwater Neighborhood Coalition in conjunction with the Planning and Development Department identified several issues with parking and outdoor storage in residential areas that could be addressed with Code amendments. Lastly, staff found several areas where further clarification was needed and consistency was lacking between the Community Development Code and the Code of Ordinances and Florida Statutes. ANAT,VCIC- Proposed Ordinance No. 8211-10 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. 1. Sidewalk Vendors (Pages 2-3 and 6-9 of proposed ordinance.) The proposed amendment is to delete sidewalk vendors as an allowed use in the Tourist and Downtown zoning districts. This amendment would make the Community Development Code consistent with the Code of Ordinances which prohibits trading and selling on streets, except for ice cream trucks in residential areas (Section 28.04). 2. Accessory Uses in the Overnight Accommodation Use in the Commercial and Tourist Districts (Pages 4-6 of proposed ordinance.) In order to address overnight accommodations with few rooms, but large accessory full- service restaurants, the proposed amendment requires that overnight accommodation uses with fewer than 50 rooms comply with the parking standards for restaurant uses. Only the portion of the development used as a restaurant would have to comply with that use Community Development Board -August 17, 2010 TA2010-07002 - Page 1 Item # 40 Attachment number 1 Page 2 of 5 standard. This ensures that adequate parking is provided for patrons of the restaurant that are not patrons of the hotel or motel. 3. Docks (Pages 9-10 of proposed ordinance.) The City Attorney's office raised concerns about potential takings and/or Bert Harris Act claims if the dock provisions deny a property owner his or her constitutional right to reach the water. To address this concern the Assistant City Attorney developed language to be added to the deviation section of the dock provisions (Section 3-601.C.3.i.iv). Specifically, the amendment states if an applicant demonstrates riparian or littoral rights which affect the location of the dock, the minimum deviation needed to exercise those rights should be allowed. The other proposed dock amendment relates to the addition of boat lifts to existing docks. Current Code Section 3-601 D.1 specifies that dock lifts can be installed on existing approved docks and are exempt from setback requirements. The Planning and Development Department is proposing to eliminate this provision due to potential conflicts. The existing section could allow a boat lift to be located on the side property line as extended into the water and thereby create navigation problems and/or neighborhood conflicts. The proposed amendment eliminates this possible conflict. 4. Parking Restrictions in Residential Areas (Pages 10-11 of proposed ordinance.) Proposed Ordinance No. 8211-10 establishes new provisions for parking in residential areas and provides language that more directly spells out how the Code has been applied in the past. The first amendment specifies that boat trailers cannot exceed 25 feet in length if located in the front setback. This amendment was requested by the Clearwater Neighborhood Coalition as the existing code provision addresses hauling trailers but not boat trailers. Situations in the community exist where large boat trailers are parked in the front setback without a boat and Code Compliance staff has not been able to address the issue since the Code is silent on this type of trailer. There have also been limited circumstances where a large boat trailer has been parked in the front setback with a boat less than 20 feet in length on it. In those circumstances, staff has not been able to take any enforcement action as the boat size is in compliance with the current code provision. Staff is also proposing a new section to clearly identify the types and size of vehicles that may be parked in side and rear setbacks. Historically, the Planning and Development Department staff has relied on the front setback provisions to determine what is allowed in the side and rear setback. The proposed amendment would allow boats exceeding 20 feet in length, recreational vehicles, farm equipment, ATV, and the like to be parked in these areas provided they are screened with a six foot high fence, wall or hedge. The last amendment to this section clarifies that certain commercial vehicles cannot be parked in residential zoning districts. The existing language contained in Section 3- 1407.A.3 can be read several different ways, therefore the Planning and Development Department is proposing language that clarifies that commercial vehicles exceeding a Community Development Board -August 17, 2010 TA2010-07002 - Page 2 Item # 40 Attachment number 1 Page 3 of 5 certain size (large service vehicles, box trucks, bucket trucks, etc.) cannot be stored in residential neighborhoods. 5. Outdoor Storage in Residential Areas (Pages 11-12 of proposed ordinance.) Staff and the Clearwater Neighborhood Coalition have identified two issues related to outdoor storage in residential areas. One is the storage of items in carports and the other is cars covered by tarps. Based on the definition of a building, a carport is considered a building and therefore not subject to the outdoor display/storage provisions. Planning and Development Department staff is proposing an amendment to Section 3-1502.G.1 which would make carports subject to the outdoor display/storage provisions. The impact of this amendment would limit the type of items that can be stored on carports to those items designed for use outdoors. In response to concerns raised by the Clearwater Neighborhood Coalition about the use of car covers to conceal inoperable vehicles, proposed Ordinance No. 8211-10 includes a provision that stipulates if a vehicle is covered, the bottom six inches of the tires must be visible. It also requires that either the license plate be visible from the right-of-way or the license number be printed on the cover. Lastly the provision requires the cover to be maintained in good condition. 6. Nuisances (Page 12 of proposed ordinance.) Recently it was determined the Community Development Code only provides one way to gain enforcement of nuisance violations. If the property owner does not bring the violation into compliance, the City is only authorized to abate the nuisance. This places the burden of enforcement on the City and not on the property owner. The Planning and Development Department, in conjunction with the City Attorney's Office, is proposing to amend several sections of the Code to provide Code Compliance staff three options for enforcement - notice of violation to be decided by the MCEB, a ticket to the Court or actual abatement. The proposed amendments will provide staff with a variety of tools to tackle nuisance problems and should reduce the costs incurred by the City for abatement. 7. Community Residential Home Separation Requirement (Pages 12-13 of proposed ordinance.) Although it's long been staff practice, and Florida Statute requires a 1,000 foot separation between community residential homes, the requirement is not currently in the Code for all community residential homes. This proposed amendment would include this requirement as part of the definition. Consistency between the City's Code, staff practice and State Statute is essential in providing good customer service. Community Development Board -August 17, 2010 TA2010-07002 - Page 3 Item # 40 Attachment number 1 Page 4 of 5 CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals and Policy which will be furthered by the proposed Code amendments: Goal A.3 The city of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the city through consistent implementation of the community development code. The proposed amendment dealing with outdoor storage meets this goal of the aesthetic needs of the city by limiting what can be stored outdoors to those items intended for outdoor use; therefore ensuring residential areas are not cluttered, but neat and attractive. Goal A.6 The city of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. The proposed amendments addressing vehicles allowed in residential areas and the community residential home separation requirement both meet this goal to ensure neighborhood preservation because they are aimed at keeping residential areas free of commercial and industrial transport and use. It is not appropriate for commercial and industrial vehicles to line the streets and fill the parking spaces in residential areas. It is likewise inappropriate for community residential homes to cluster together, transforming the original single family residential character of a neighborhood. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103. • It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (CDC Section 1-103.A). Community Development Board -August 17, 2010 TA2010-07002 - Page 4 Item # 40 Attachment number 1 Page 5 of 5 The amendments that address issues in residential areas (parking restrictions, outdoor storage and community residential homes) are all aimed at maintaining quality of life and preserving the residential character of neighborhoods. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law (CDC Section 1-103.D). Two of the amendments in the residential areas, parking restrictions and outdoor storage, also contribute to the beautification of the city, specifically the residential areas. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, minimum habitable area and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city (CDC Section 1-103.E.12). The proposed amendment regarding parking restrictions is consistent with this Code section as it regulates parking by ensuring an appropriate number according to use. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8211-10 that amends the Community Development Code. Prepared by Planning Department Staff: ATTACHMENT: ? Ordinance No. 8211-10 Cate Lee, Planner 11 S: (Planning DepartmentlComnmmty Development Code12010 Code AmendmentslTA2010-07002 -Code VTStaff ReportlOrdinance No 8211-10 CDB Staff Report 2010 08-17-09. doe Community Development Board -August 17, 2010 TA2010-07002 - Page 5 Item # 40 Attachment number 2 Page 1 of 13 ORDINANCE NO. 8211-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING SIDEWALK VENDORS FROM CHART 2-100 PERMITTED USES; BY AMENDING SECTIONS 2-703.M, 2-7041, 2-802.K AND 2-803.1, BY ADDING FLEXIBILITY CRITERIA RELATING TO ACCESSORY USES FOR OVERNIGHT ACCOMMODATIONS IN THE COMMERCIAL AND TOURIST DISTRICTS; BY ELIMINATING SIDEWALK VENDORS AS A FLEXIBLE STANDARD USE IN THE TOURIST AND DOWNTOWN DISTRICTS BY DELETING IT FROM TABLES 2-802 AND 2-902 AND DELETING THE ASSOCIATED FLEXIBILITY CRITERIA IN SECTIONS 2-802.R AND 2-902.P; BY AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, BY AMENDING SECTION 3-601C.3.i.vi TO PROVIDE FOR A MINIMUM FURTHER DEVIATION FOR COMMERCIAL DOCKS TO ALLOW EXERCISE OF CERTAIN DEMONSTRATED RIPARIAN OR LITTORAL RIGHTS; BY DELETING SECTION 3-601.D.1, EXISTING DOCKS AND LIFTS; BY AMENDING SECTION 3-1407.A TO PROHIBIT BOAT TRAILERS OF A CERTAIN LENGTH TO BE PARKED IN THE FRONT SETBACK AND BY CLARIFYING THE TYPES OF VEHICLES THAT MAY BE PARKED IN SIDE AND REAR SETBACKS AND BY EXPANDING THE TYPES OF LARGE VEHICLES PROHIBITED TO BE PARKED IN THE RESIDENTIAL ZONING DISTRICTS; BY AMENDING SECTION 3-1502.G, TO ESTABLISH GUIDELINES FOR THE USE OF CAR COVERS IN RESIDENTIAL ZONING DISTRICTS AND TO CLARIFY THAT CARPORTS ARE NOT EXEMPT FROM OUTDOOR STORAGE PROVISIONS; BY AMENDING SECTION 3-1503 TO ADD SUBSECTION C. PROVIDING FOR ALTERNATIVE METHODS OF ENFORCEMENT FOR NUISANCE VIOLATIONS; BY AMENDING ARTICLE 7, ENFORCEMENT PROCEEDINGS AND PENALTIES, BY REVISING SECTIONS 7-102 AND 7-103 TO PROVIDE FOR ALTERNATIVE METHODS OF ENFORCEMENT FOR NUISANCE VIOLATIONS; BY AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITION OF COMMUNITY RESIDENTIAL HOME TO PROVIDE FOR CONSISTENCY WITH STATE REGULATIONS; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, the City of Clearwater desires adequate parking in the Tourist and Commercial districts, and -1- OrdifteM *4> 211-10 Attachment number 2 Page 2 of 13 WHEREAS, the City of Clearwater desires to clarify parking and outdoor storage standards in residential areas to ensure the stable nature of these neighborhoods, and WHEREAS, the City of Clearwater desires to institute a flexible tool for addressing nuisances, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, CHART 2-100 Permitted Uses, of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes x X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects x X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal grooming and or boarding X X X Assisted living facilities X X X X Automobile service stations X X Cemeteries X Comprehensive infill redevelopment project CIRP X X X X X X X Congregate care X X X X Convention center x Educational facilities X X X X Governmental uses x X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment x X X X Light assembly X Manufacturin x Marinas X -2- Ordiftelm *4@211-10 Attachment number 2 Page 3 of 13 Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nightclubs, taverns and bars x X X X Non-residential off-street parking x X X X Nursing homes x X X X Offices x X X X X X Off-street parking x X Open space x Outdoor recreation/entertainment x X X X Outdoor retail sales, display and/or storage X X Overnight accommodations x X X X X X X X Parkin garages and lots x X X X X X Parks and recreation facilities x X X X X X X X X X X X Places of worship X X X X Problematic uses x Public facility x X Publishing and printing x Public transportation facilities x X X X X X X Research and technology use x Residential shelters x X X Resort Attached Dwellings X Restaurants x X X X X X Retail sales and services x X X X X X X X RV arks x Salvage yards x Schools x X X X X X X Self-storage warehouse X X X X Social and community centers x X X X Social/public service agencies x X X X Telecommunications towers x X X X X TV/radio studios x X Utility/infrastructure facilities x X X X X X X X X X X X X X X Vehicle sales/displays x X Vehicle sales/displays, limited x X Vehicle sales/displays, major x Vehicle service x Vehicle service, limited x Vehicle service, major x Veterinary offices x X X X Wholesale/distribution/warehouse facility X -3- Ordiftelm x'04@211-10 Attachment number 2 Page 4 of 13 Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C), subsection 2-703.M, Overnight accommodations, of the Community Development Code, is hereby amended as follows: Section 2-703. Flexible standard development. Flexibility criteria: M. Overnight accommodations. 7. Accessory uses: *********** *********** *********** *********** C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses-i d. Overnight accommodations with fewer than 50 rooms that have a full service restaurant shall comply with the parking standards for the restaurant use as contained in Table 2-703. The lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the restaurant. *********** Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C), subsection 2-7041, Overnight accommodations, of the Community Development Code, is hereby amended as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. *********** *********** *********** 8. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations; b. The following shall apply to required parking for accessory uses: i. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the -4- OrdifteM @211-10 Attachment number 2 Page 5 of 13 additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. ii. Regardless of the gross floor area percentage, overnight accommodations with fewer than 50 rooms that have a full service restaurant shall comply with the parking standards for the restaurant use as contained in Table 2-704. The lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the restaurant. *********** Section 4. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection 2-802.K, Overnight accommodations, of the Community Development Code, is hereby amended as follows: Section 2-802. Flexible standard development. *********** Flexibility criteria: *********** K. Overnight accommodations. *********** 10. Accessory uses: *********** e. Overnight accommodations with fewer than 50 rooms that have a full service restaurant shall comply with the parking standards for the restaurant use as contained in Table 2-802. The lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. *********** Section 5. That Article 2, Zoning Districts, Division 8, Tourist District (T), subsection 2-803.1, Overnight accommodations, of the Community Development Code, is hereby amended as follows: Section 2-803. Flexible development. *********** Flexibility criteria: -5- OrdifteMx'04@211-10 Attachment number 2 Page 6 of 13 *********** 1. Overnight accommodations. *********** 11. Accessory Uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations; b. The following shall apply to required parking for accessory uses: i. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. ii. Regardless of the gross floor area percentage, overnight accommodations with fewer than 50 rooms that have a full service restaurant shall comply with the parking standards for the restaurant use as contained in Table 2-803. The lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the restaurant. *********** Section 6. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 802, Table 2-802 and Section 2-802.R, Sidewalk vendors, of the Community Development Code, is hereby amended by deleting subsection R and relettering the subsequent subsections as appropriate: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-802. "T" District Flexible Standard Development Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Setbacks I Density Min. Off-Street l (ft) ? parking (sq. ft.) (ft) (ft) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit units/acre -6- OrdifteMx'04@211-10 Attachment number 2 Page 7 of 13 Alcoholic Beverage Sales 5,000 50 35 15 10 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 35-- 10-- 10 10 30 2 per unit 50 15 20 units/acre Governmental Uses (2) 10,000 100 35-- 10-- 0-- 10-- n/a 3-4/1,000 GFA 50 15 10 20 Indoor 5,000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment 100 10 Medical Clinic 10,000 100 10 20 20 2--3/1,000 GFA 50 15 Mixed Use 10 000 50-- 35-- 0--15 0-- 10-- 30 Based upon use , 100 50 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 10,000 100 35-- 10-- 0-- 10-- n/a 3-4 spaces per 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as determined by Outdoor 5 000 50 35 10-- 10 20 n/a the community Recreation/Entertainment , 15 development director based on TIE Manual standards Overnight 20,000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit Accommodations 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a community Facilities development coordinator based on TIE Manual standards Public Transportation Facilities (3) n/a n/a 10 n/a n/a n/a n/a n/a Resort Attached Dwellings 10,000 100 35--50 10--15 10 10--20 30 acre units/ 1.5 per unit Restaurants 5,000-- 50-- 25-- 10-- 0-- 10-- n/a 7-15 spaces per 10,000 100 35 15 10 20 1,000 GFA Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per 10,000 100 50 15 10 20 1,000 GFA c;ao,., iv vo a R?a_ R?a_ +4a- +4a- +4a- R?a_ R?a_ R?a_ Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- la 4--5 spaces per Center 10,000 100 50 15 10 20 1,000 UN'A -7- OrdifteM x'04@211-10 Attachment number 2 Page 8 of 13 Utility/Infrastructure Facilities (4) n/a n/a n/a 25 10 10 n/a n/a *********** Flexibility criteria: *********** *********** Section 7. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Table 2-902 and Section 2-902.P, Sidewalk vendors, of the Community Development Code, is hereby amended by deleting subsection P and relettering the subsequent subsections as appropriate: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-902. "D" Flexible Standard Development Standards Use Max. Min. Off-Street Height Parking (ft.) Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30-50 3-5 per 1,000 GFA Attached Dwellings 30-50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor 30-50 3-5 per 1,000 GFA Recreation/Entertainment Facility Mixed Use 30-50 Based upon use requirements Nightclubs 30-50 3-10 per 1,000 GFA Offices 30-50 1-3 per 1,000 GFA Overnight 30-50 .75-1 per unit Accommodations Parking Garages and Lots 50 n/a Parks and Recreation 50 1 per 20,000 SF or as Facilities determined by the community development coordinator based on TIE Manual standards Places of Worship 30-50 .5-1 per 2 seats Public Transportation 10 n/a Facilities Restaurants 30-50 5-15 per 1,000 -8- OrdifteMx'04@211-10 Attachment number 2 Page 9 of 13 GFA Retail Sales and Service 30-50 2-4 per 1,000 GFA i ve-^a^r* pWa pWa Social and Community Centers 30-50 2-4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a *********** Flexibility criteria: *********** *********** Section 8. That Article 3, Development Standards, Division 6, Dock/Marina Standards, Section 3-601.C.3.i.vi, New docks, of the Community Development Code, is hereby amended as follows: Section 3-601. Docks. *********** C. New docks. *********** 3. Commercial docks. *********** i. Deviations. *********** iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property; atA. However. where an applicant demonstrates riparian or littoral rights which will affect the location of the dock, the minimum further deviation to provide for exercise of such rights shall be allowed; and *********** Section 9. That Article 3, Development Standards, Division 6, Dock/Marina Standards, Section 3-601.D.1, Existing docks and lifts, of the Community Development Code, is hereby amended as follows: -9- OrdifteM x'04@2 11-10 Attachment number 2 Page 10 of 13 Section 3-601. Docks. *********** D c46ting nooks and! lifts and rRepairs of existing docks and seawalls. aFZ exempt #em se+har* stag FGIG 69 lGRg as c61nh lift; APR RAtiroly GgRtaiRe w..ithip the orooorty linos as extended into the water e1. Any repair made to an existing approved dock that does not extend, enlarge or substantially change the location of any portion of the dock does not require review and approval by the community development coordinator however, a permit may be required by the Pinellas County Water and Navigation Control Authority. If, however, such repair enlarges, extends, or substantially changes the location of any portion of the dock, such repair shall require the review and approval by the community development coordinator prior to the issuance of a permit by the Pinellas County Water and Navigation Control Authority. The review of a substantial repair shall be considered a new dock pursuant to the standards described in this section. -b2. If any dock, seawall, bulkhead, private bridge, or marina falls into a state of disrepair and becomes a dangerous structure creating an unreasonable risk of bodily injury to any person who may walk thereon, such structure shall be either removed or repaired so as to conform to the requirement of this division. Section 10. That Article 3, Development Standards, Division 14, Parking and Loading, Subsection 3-1407.A, Parking restrictions in residential areas, of the Community Development Code, is hereby amended by adding a new subsection and renumbering the subsequent subsections as appropriate: Section 3-1407. Parking restrictions in residential areas. A. Restrictions. *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, in a front setback and/or forward of the building line of the principal structure and any right-of-way line in a residential zoning district up to a maximum of two frontages: a. Boat in excess of 20 feet; b. Any boat trailer in excess of 25 feet total length or in excess of 5 feet longer than any boat occupying the trailer: .bc. Hauling trailer; sd. Recreational vehicles, travel trailers, motor homes and camping trailers. de. Any commercial vehicle which measures in excess of 20 feet in total chassis and body length, seven feet in total width or seven feet in total height, including appurtenances, equipment and cargo. ef. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not designated for street operation. -10- OrdifteMx'04@211-10 Attachment number 2 Page 11 of 13 3. Parkina in the side or rear setback. The followina vehicles may be parked or stored, in whole or in part, in a side or rear setback behind the front building line of the principal structure in a residential zoning district provided such vehicles are screened with a 6 foot high solid fence, wall or hedge: a. Boat in excess of 20 feet; b. Boat trailer in excess of 25 feet; C. Hauling Trailer; d. Recreation vehicles, trailers, motor homes and camping trailers; and e. Any race car, dune buggy, farm equipment, go kart, ATV, or other similar vehicle not designated for street operation. _ 34. Large vehicles. ^IG r3o.,,i-+r-GtGF trailer, 4n ink er n?h or anv garbage 4n ink pump n6 1t 4n ink nh°min°I 4n ink gaselin° 4n ink fi iel nil tri ink or similar yehinlo ?J°cinnorJ , , , to 4r-ancnnr4 writer, nr h-a-z-ard-eUS nr nexio is m?4ori?lc The following vehicles shall be not be parked or stored in any residential zoning districts: a. Commercial vehicles measuring in excess of 20 feet in total chassis and body length, seven feet in total width or seven feet in total height, including appurtenances, equipment and cargo are prohibited; and b. Semi-tractor trailer, semi-tractor cab or any garbage truck, pump-out truck, chemical truck, gasoline truck, fuel oil truck or similar vehicle designed to transport wastes or hazardous or noxious materials. *********** Section 11. That Article 3, Development Standards, Division 15, Property maintenance requirements, Subsection 3-1502.G, Exterior storage and display for residential properties, of the Community Development Code, is hereby amended as follows: Section 3-1502. Property maintenance requirements. *********** G. Exterior storage and display for residential properties. 1. As provided in Section 3-912-3 of this Development Code, outdoor storage is prohibited. For the purposes of this section, carports are subject to the outdoor storage provisions. 2. Equipment, materials or furnishings not designed for use outdoors, such as automobile parts and tires, building materials, and interior furniture, may not be stored outdoors. 3. Construction materials, unless such materials are related to an active building permit related to the property on which the materials are located, shall not be stored outdoors on a residentially zoned property. 4. Bulk items intended for pick up by the city may not be placed at the curb more than 24 hours prior to the scheduled pick up. 5. Any motor vehicle that is lawfully parked and is covered in a manner to protect the motor vehicle shall allow at least the bottom six inches of each tire to be visible. The required license plate shall be clearly visible from the right-of-way or the license plate number shall be printed legibly on the cover with characters not -11- OrdifteMx'04@211-10 Attachment number 2 Page 12 of 13 less than two inches in height so that it is clearly visible from the right-of-way. Covers shall not be faded and shall be in good condition, without tears, rips or holes. *********** Section 12. That Article 3, Development Standards, Division 15, Property maintenance requirements, Section 3-1503, Nuisances, of the Community Development Code, is hereby amended as follows: Section 3-1503. Nuisances. *********** C. Violations of this Section may be enforced by action before the municipal code enforcement board as "nuisance cases" or "non-nuisance cases" pursuant to the corresponding procedures set forth in Section 7-102, or by citation pursuant to Code of Ordinances Section 1.12. *********** Section 13. That Article 7, Enforcement Proceedings and Penalties, Division 2, Code enforcement board/special master hearing procedures and Division 3, Remedies; penalties, of the Community Development Code, is hereby amended by adding a new Subsection A in Section 7-103 and relettering the subsequent subsections as appropriate: Section 7-102. Code enforcement board/special master hearing procedures. A. Notification of violation. Violations of Section 3-1503, Nuisances, may be noticed as "nuisance cases" or "non-nuisance cases" under this Subsection. *********** F. Conduct of hearing. *********** 2. Presentation of case. Violations of Section 3-1503, Nuisances, may be presented as "nuisance cases" or "non-nuisance cases" under this Subsection. *********** Section 7-103. Remedies; penalties. A. Upon the issuance of an order of the municipal code enforcement board finding a violation of Section 3-1503, Nuisances, any and all of the remedies and penalties provided in Subsections B. through K. of this Section may be imposed. *********** Section 14. That Article 8, Definitions and Rules of Constructions, Division 2, Definitions, of the Community Development Code, is hereby amended as follows: -12- OrdifteMx'04@211-10 Attachment number 2 Page 13 of 13 Section 8-102. Definitions. *********** Community residential home means a dwelling unit which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. Community residential homes shall not be located within 1,000 feet of one another. *********** Section 15. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 16. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 17. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 18. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 19. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -13- Ordifte M *4@211 -10 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 2011 Council Meeting Schedule SUMMARY: Generally, the 2011 City Council meetings are at 6:00 p.m. on the first and third Thursdays of each month. The accompanying work sessions are at 9:00 a.m. on the preceding Monday, unless the Monday is a holiday, in which case the work session is on Tuesday. Exceptions are: No meetings held for the first Thursday in January, per Council Rules. The April 21 Council meeting has been moved to Wednesday, April 20 to allow Councilmember Cretekos to attend service related to Orthodox Easter. No meetings held for the first Thursday in July, per Council Rules. The November 17 Council meeting has been moved to Wednesday, November 16, to allow attendance at the FLC's Legislative Conference. The work sessions on February 14, March 14, June 13, September 12, November 14 and December 12 fall on the second Monday of the month and due to conflict with Tampa Bay Regional Planning Committee, will start at 1:00 p.m. Direction is needed on the following: The PMI (Pinellas Mobility Initiative) has been replaced by the Project Advisory Committee (PAC) to the MPO. The PAC meets at 3:00 p.m. on the second Monday of each month. The Mayor serves on the Project Advisory Committee. Per standing practice, the work sessions that fall on the second Monday start at 1:00 p.m. due to a conflict TBRPC, on which Councilmember Jonson serves. Should these meetings be moved to 9:00 a.m. on Tuesday to assure no conflict? If so, need to be aware of Community Development Board meetings at 1:00 p.m. on February 15, March 15 and November 15. The Conference of Mayors' Annual Meeting is June 16 through 21. Moving the June 16 meeting to Wednesday, June 15 would eliminate this conflict. Councilmember Cretekos has a conflict the morning of August 15. Should that work session begin at 1:00 p.m.? In previous years, the meeting in conflict with the FLC Legislative Conference has been moved to Tuesday and the accompanying work session cancelled as the Mayor had a Wednesday meeting, held in conjuction with the conference. If this conflict still exists, the proposal to move the Council meeting to Wednesday will need to be modified. There is no need to make adjustments for the Florida League of Cities' August Conference in 2011. Also, no adjustment is needed for Jazz Holiday in 2011 as the third weekend in October occurs prior to the third Thuursay. The County's Budget calendar for 2011 is not known at this time. Once the Budget Director receives this information adjustment of the September meetings will be requested if needed. Review Approval: 1) Clerk Cover Memo Item # 41 Attachment number 1 Page 1 of 1 LL a t V .v O U U r r C N t`' O O 00 N C'7 r- J r ? ? , - N = , C'7 , N N d = U) LO 00 00 U) 5, U) H N N C) CU < U LL C7 LL 0 N 00 I- N LO U i O "T N ? 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LL LL a s ? ? a s a cn 0 0 0 z z 0 >1 >1 -0 CU CU CU CU CU CU CU CU CU CU CU CU CU CU CU CU CU CU CU CU O O O O O O O O O O O O O O O O O O O O O ao 0) O 04 0 70 C_ CB L CU -E 70 C 0- D (1) U) 70 CB (1) J ? U U) U C_ Z) O U a) 70 a) U U) U C_ Z) O U r O L CB 70 C_ (1) CU U U Item # 41 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8220-10 on second reading, Amending Code of Ordinances Chapter 2, Administration, Article 111, Appointed Authorities, Boards Committees, Division 1, regarding definitions, board establishment, qualifications, appointment, terms, rules of procedure, staff members, and removal of members. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 42 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 *42 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 Ordinance No. aM 4042 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) or,,, 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 tef 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 Ordinance No. aM 4042 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^ -AbSRcrSc°-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 a-ee 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 Ordinance No. aM 4042 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: Cynthia E. Goudeau City Clerk 5 Ordinance No. e2M4(42 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 43 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Crest Lake Park SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 44 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Parasailing Regulations - Mayor Hibbard SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 45 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Creating Policy regarding Inviting Former Councilmembers to Events - Jonson SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 46 Meeting Date: 9/20/2010 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Environmental Advisory Board Work and Focus - Councilmember Jonson SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 47 k*- Council Worksession Agenda Item 19.4 Environmental Advisory Board Mission: Provide citizen insight to Commission on environmental activities within and affecting the City, Identify & assess significant environmental objectives and review & provide recommendations to the Commission on selected environmental programs and projects. Purpose to assist the Council not the Administration: July Meeting Heard presentations on the Beach Walk Sea Oats and the Sand Dunes and the Clearwater Christian College, but only Michael Flanery and Pete Stasis only were there. So a quorum wasn't there to take action. We missed an opportunity to get their input on these two important issues. Past history 1. 2009 - Met twice, 2 meetings cancelled because of lack of quorum, and 1 cancelled (unknown). 2. 2010- Met in January, April(?), No quorum in July Committee Composition: 1. Michael Flanery 2. Mary Morrow 3. Pete Stasis 4. Michael Englemann 5. Open Position ? Anna Fusari (resigned) so we have an open position Right? Feedback from Committee Members: Aren't asked to do much and don't get information ahead of time. So there is less interest in being active with the committee. The reduction from monthly to quarterly meetings has reduced interest. Upcoming Environmental Issues: 1. EPA Nutrient Loading 2. FDEP's TMDL reductions 3. Old Tampa Bay and Safety Harbor Muck Study 4. Stevenson's Creek Dredging Project Oversight 5. Clearwater Harbor - what would it take to return clear water to the Harbor 6. Application of best practices to our golf courses 7. Water reuse 8. Reclaimed water rates availability vs. usage 9. Storm Water Rate Study (including option of using Penny for Pinellas for funding some projects) 10. Clearwater Christian College Project Submitted by Bill Jonson September 20, 2010 6? '0