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03/15/20111. Presentations 1.1 Service Awards C� Attachments WORK SESSION AGENDA Council Chambers - City Hall 3/15/2011 - 8:30 AM 2. Office of Management and Budget 2.1 Amend the City's fiscal year 2010/2011 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8248-11 and 8249-11 on first reading. � Attachments 3. Financial Services 3.1 Ratify and confirm settlement of the liability claim of C X Industries of Virginia LLC, landlord to Intolan Computers, in an amount not to exceed $41,000. (consent) [� Attachments 3.2 Approve the purchase of property and equipment breakdown insurance from April 1, 2011 to April 1, 2012, at the level of insurance provided for in this agenda item, at amount not to exceed $1,850,000, and authorize the appropriate officials to execute same. (consent) [� Attachments 4. Parks and Recreation 4.1 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 201 ll2012 special events, including three annual City events and ten City co-sponsored events, at an estimated General Fund cost of $370,140 ($29,300 cash contributions and $340,840 in-kind contributions) and Enterprise Fund cost and fee waiver of $73,230 for the purposes of departmental budget submittals. (consent) � Attachments 4.2 Approve the Third Amendment to the Community Sports Facility Use Agreement between the City of Clearwater, Florida and Phillies Florida, LLC providing for terms that will allow the Phillies to use property purchased by the City at 650 Old Coachman Road and authorize the appropriate officials to execute same. (consent) C� Attachments 5. Engineering 5.1 Ratify and Confirm Change Order 2 and Fina1 to Custom Built Marine Construction, Inc. of Stewart, Florida for the Clearwater Beach Boat Ramp Project (06-0049-MA) in the amount of $19,615.35 for a revised contract amount of $191,070.37 and extend the contract 67 days. (consent) � Attachments 5.2 Approve a 5-year Management Agreement with Robert E. and Patricia A. Smith to oversee 426 acres, more or less, of city-owned agriculturallands in Sections 19 and 20, Township 27 South, Range 16 East, Hillsborough County, Florida, in consideration of fulfilling the undertakings, promises and agreements contained therein, and authorize the appropriate officials to execute same. (consent) � Attachments 5.3 Ratify and confirm R.A.M. Excavating, Inc., of Palm Harbor, Fl, construction contract for Morningside Neighborhood Traffic Calming project (07-0008-EN) adding 125 calendar days to the contract and approve a supplemental work order to Engineer of Record (EOR)PBS and J of Tampa, FL, for additional Construction Engineering and Inspection (CEI) services increasing the work order amount by $70,886.38 for a new work order total of $169,705.18. (consent) � Attachments 5.4 Authorize an agreement with CSX Transportation, Inc., for installation of one (1) 12-inch reclaimed water main in the CSX right-of-way as part of the Skycrest Reclaimed Water Project - CSX and Keene Road Jack and Bore; approve Pipeline Crossing Agreement CSX-662702; authorize the appropriate officials to execute same and adopt Resolution 11-08. [� Attachments 5.5 Approve a Work Order to Engineer of Record Reiss Engineering Inc. for Stormwater Modifications to Town Pond in the amount of $294,569. (consent) C� Attachments 6. Planning 6.1 Approve an amended Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater (previously DVA2009-00004 and approved by City Council on February 18, 2010) to modify the scope of the project with regard to the developable square footage for the retail and restaurant uses, and the off-street parking to be provided for those uses (FLD2010-12033) and adopt Resolution 11-07. � Attachments 7. Legal 7.1 Adopt Ordinance 8234-11 on second reading, annexing certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. � Attachments 7.2 Adopt Ordinance 8235-11 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. � Attachments 7.3 Adopt Ordinance 8236-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). C� Attachments 7.4 Adopt Ordinance 8246-11 on second reading, amending the Code of Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation; establishing minimum rate for non-resident fees and providing additional criteria in establishing the class of city residents for the purpose of applying fees. � Attachments 7.5 Amend Section 2.251, Code of Ordinances, Sister Cities Advisory Board Composition and pass Ordinance 8250-11 on first reading. � Attachments 7.6 Approve a subordination agreement in favor of BB and T and approve the modification of the City's reverter on the Clearwater Marine Aquarium Property and authorize the appropriate officials to execute same. [� Attachments 8. City Manager Verbal Reports 8.1 Budget Hearing Dates - September 2011 [� Attachments 8.2 Review and provide direction regarding RFP (Request for Proposals) developed by staff for establishing a Red Light Running Program. � Attachments 8.3 Briefing on Tampa Bay Partnership's Blueprint for Economic Development Initiative � Attachments 9. Council Discussion Items 9.1 Business Forum - Mayor Hibbard � Attachments 9.2 Capital Recovery Formula - Councilmember Gibson [� Attachments 9.3 Council trip to Tallahassee during 2011 Legislative Session - Councilmember Jonson [� Attachments 9.4 Rustlewood Condominiums Request [� Attachments 9.5 Renaming Clearwater Beach Marina - Mayor Hibbard [� Attachments 9.6 Report on the latest status of the County's proposed digital billboard ordinance and 2011 Legislative Bills pending relating to advertising on FDOT property - Councilmember Jonson � Attachments 9.7 Clearwater Harbor Marina Free Parking Pass - Councilmember Gibson [� Attachments 9.8 Advisory Boards - Residency Requirements � Attachments 9.9 Proposed Legislation regarding short term rentals - Councilmember Jonson C� Attachments 10. Closing Comments by Mayor 11. Adjourn 12. Presentation(s) for Council Meeting 12.1 Big Brothers Big Sisters Presentation - Christa Wingert, Volunteer Coordinator & Big Sister [� Attachments 12.2 Women's History Month Proclamation � Attachments 12.3 Civitan Appreciation Month Proclamation - Civitan Member, Frank Kelley and Clearwater Civitan Club President, Susan Meier � Attachments 12.4 Clearwater Bombers Day Proclamation [� Attachments Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Adam Mittler Justin Dilkes Jason Rath Sean Becker Lucretia Mercer Edward Chesney 10 Years of Service Manuel Cordero Christopher Lyons Lamon Green Stephen White Benjamin Hailey Toilea Fetuuaho Lance Kielich Jason Clark Gary Cohn 15 Years of Service Daniel Mayer Kevin Bowler Louis Georgantas Michael Aleksa Stephen Coward Janet Dorrough 20 Years of Service Nicholas Brems 25 Years of Service Janet Harrison William Valveri Donald Bowen 30 Years of Service Stephen Langevin Review Approval: 1) Clerk Fire Fire Fire Fire Public Utilities Engineering Parks & Recreation Police Police Police Police Public Utilities Solid Waste/General Services Soild Waste/General Services Library Information Technology Fire Fire Fire Fire Gas Police Parks & Recreation Police Public Utilities Fire Meeting Date:3/15/2011 Cover Memo Item # 1 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Amend the City's fiscal year 2010/2011 Operating and Capital Improvement Budgets at first quarter and pass Ordinances 8248-11 and 8249-11 on first reading. SUMMARY: The fiscal year 2010/20ll Operating and Capital Improvement Budgets were adopted in September 2010 by Ordinances $216-10 and $217-10. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outlines the issues at first quarter that require amendment. Review Approval: 1) Lega12) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 2 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER FIRST QUARTER SUMMARY 2010/11 FY 10/11 First First First Adopted Quarter Quarter Quarter Amended Description Budget Projected Actual Variance % Adjustment Budget General Fund: Revenues 111,470,350 34,755,822 39,748,812 4,992,990 14% 2,441,766 113,912,116 Expenditures 111,470,350 34,556,763 35,324,097 (767,334) -2% 2,441,766 113,912,116 Utilitv Funds: Water & Sewer Fund Revenues 63,870,330 14,982,653 14,923,885 (58,768) 0% 259,282 64,129,612 Expenditures 63,870,330 23,695,949 23,276,806 419,143 2% 259,282 64,129,612 Stormwater Fund Revenues 15,348,250 3,827,691 3,852,646 24,955 1% 3,400 15,351,650 Expenditures 14,496,950 7,052,812 6,830,355 222,457 3% 3,400 14,500,350 Gas Fund Revenues 40,163,760 10,145,734 9,589,177 (556,557) -5% 5,800 40,169,560 Expenditures 34,886,010 10,976,208 9,159,748 1,816,460 17% 5,800 34,891,810 Solid Waste Fund Revenues 19,037,120 4,774,684 4,966,857 192,173 4% 9,900 19,047,020 Expenditures 17,963,990 5,160,546 4,419,970 740,576 14% (202,460) 17,761,530 Recvclinq Fund Revenues 2,864,150 693,849 754,961 61,112 9% 116,419 2,980,569 Expenditures 2,864,150 786,956 747,036 39,920 5% 1,900 2,866,050 Enterprise Funds: Marine Fund Revenues 4,439,280 1,012,075 967,000 (45,075) -4% 1,300 4,440,580 Expenditures 4,414,770 1,065,093 1,032,962 32,131 3% 1,300 4,416,070 Airpark Fund Revenues 240,250 60,063 58,680 (1,383) -2% 101,557 341,807 Expenditures 188,560 56,531 51,300 5,231 9% 101,557 290,117 Clearwater Harbor Marina Fund Revenues 412,850 94,402 72,895 (21,507) -23% 400 413,250 Expenditures 410,760 121,891 87,701 34,190 28% 400 411,160 Parkinq Fund Revenues 4,990,380 980,883 794,501 (186,382) -19% 118,985 5,109,365 Expenditures 4,463,390 1,323,487 1,339,534 (16,047) -1% 118,985 4,582,375 Harborview Center Revenues 59,850 1,500 14,005 12,505 834% (31,000) 28,850 Expenditures 59,850 40,462 6,723 33,739 83% (31,000) 28,850 Internal Service Funds: General Services Fund Revenues 4,811,930 1,202,986 1,212,390 9,404 1% 4,000 4,815,930 Expenditures 4,811,930 1,370,344 1,345,331 25,013 2% 4,000 4,815,930 Administrative Services Revenues 9,331,920 2,282,984 2,243,569 (39,415) -2% 3,700 9,335,620 Expenditures 9,130,020 2,837,132 2,484,257 352,875 12% 3,700 9,133,720 Garaqe Fund Revenues 12,145,510 3,036,378 2,945,743 (90,635) -3% 103,600 12,249,110 Expenditures 12,138,430 3,223,787 3,256,612 (32,825) -1% 103,600 12,242,030 Central Insurance Fund Revenues 18,503,470 4,706,642 4,206,043 (500,599) -11 % 900,000 19,403,470 Expenditures 17,483,090 4,404,423 4,518,821 (114,398) -3% 400,000 17,883,090 Item # 2 FIRST QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2010-11 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 .................................................. Attachment number 3 Page 1 of 2 PAG E # .. 3 10 14 18 22 39 46 49 52 First 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 three months, October 1, 2010 through December 31, 2010. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after December 31, 2010. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget First Quarter Projections First Quarter Actual Variance Variance % Adjustments Amended Budget Amended Budget % The budget as adopted by the City Council on September 22, 2010. Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Self-explanatory. Difference between First Quarter projected and First Quarter actual. % of variance to First Quarter projection. Adjustments that have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on First Quarter review. Adding the Original Budget and Adjustments. Percentage change of amended budget to original budget. Item # 2 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2010/11 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 Amendment Revised Budget Expenditure Encumbrance Available Balance Status Amend Ref The budget as of October 1, 2010, which includes budgets from prior years, which have not been completed. Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the First Quarter review. Adding columns one and two. Self-explanatory. Outstanding contract or purchase order commitment. Difference between revised budget and expenditure plus encumbrance. C - project is completed Reference number for description of amendment. Item # 2 Propertv Taxes Licenses & Permits Interqovernmental Sales Tax Communications Tax Other Intergovernmental Charqes for Service Fines & Forfeitures Increase/ (Decrease) 4,725 Attachment number 4 Page 1 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2010/11 Description At first quarter, property tax revenue exhibit a 28% positive variance. This is primarily a timing difference in the actual receipt versus budgeted collections for the quarter. As of the end of January, approximately 83% of budgeted revenues have been collected. At the same time in 2009/10, 80% of the year's total revenues had been collected. No amendment is proposed at this time. At first quarter, license and permit revenues exhibit a 21% negative variance. This is primarily related to the Business Tax License revenue which, for the first four months of this year, is approximately 27% less than the same period in fiscal year 2009/10. No amendment is proposed until further months of revenue are available for review. At first quarter, sales tax revenue reflects a 50% negative variance primarily related to the timing of revenue collection. Adjusted for timing, revenues are approximately 1% greater than anticipated for this year and 3% greater than the same period of fiscal year 2009/10. No amendments are proposed. At first quarter, communications tax revenues are 12% less than expected for the year and 4% lower than the same period of fiscal year 2009/10. No amendments are proposed until additional months of activity are available for review. Other Intergovernmental revenues reflect a net increase of $4,725 at first quarter. Amendments include reimbursements of $1,260 supporting the U.S. Immigrations and Customs Enforcement program (ICE), and $3,465 supporting the Drug Enforcement Agency which offset expenditure increases in the Police Department. Charges for service revenues reflect a 29% negative variance at first 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. No amendments are proposed until additional months of activity are available to revi ew. Fines and forfeiture revenues reflect a 34% negative variance at first quarter. This is primarily due to a timing difference between the budget and revenue receipts for court fines. No amendment is proposed until additional months of activity are available for review. Item # 2 Interest Income Miscellaneous Interfund Charqes/ Transfers In Transfer (to) from Surplus Increase/ (Decrease) Attachment number 4 Page 2 of 3 City of Clearwater General Fund Revenues First Quarter Amendments FY 2010/11 Description Revenue from interest earnings for the quarter is approximately 49% less than anticipated at first quarter. This will be carefully monitored for possible amendment at mid year once further data is available for review. At first quarter, miscellaneous revenue amendments reflect a $740 honorarium received from Volunteer Florida and VISIT Florida for AmeriCorps members which is offset by increases 740 in Police Department expenditures. The positive variance in this category is a timing variance in the posting of the receipt of the Gas System dividend. No amendments are proposed at first quarter. First quarter amendments reflect the following allocations of General Fund reserves: 1) An appropriation of $750,000 from retained earnings to the Clearwater Marine Aquarium as a one time grant to be applied to the purchase of property adjacent to the aquarium. 750,000 This was approved by the City Council on October 21, 2010. 2) An appropriation of $88,936 from retained earnings to project 315-93132, Old Coachman Road Park, for the purchase of property adjacent to Brighthouse Network Field, 88,936 as approved by the Council on October 21, 2010. 3) An appropriation of $37,800 from retained earnings to various departments to provide funding for the one-time $100 remuneration for each General Fund CWA employee as 37,800 approved by the Council on December 2, 2010. 4) An appropriation of $109,450 from retained earnings to the Parks and Beautification Administration program for the purchase of turf maintenance equipment and clubhouse equipment from Clearwater Country Club Management, Inc. 109,450 This was approved by the Council on December 16, 2010. 5) An appropriation of $1,348,000 from retained earnings to project 315-93620, Sports Field Lighting, for the installation and service of sports field lighting equipment at various city athletic facilities; as approved by the Council on December 16, 1,348,000 2010. 6) An appropriation of $110,000 from retained earnings to fund the settlement costs of the Pierce 100 case, as approved 110,000 by Council January 13, 2011. Item # 2 City of Clearwater General Fund Revenues First Quarter Amendments FY 2010/11 Increase/ (Decrease) Description Transfer (to) from Surplus (continued) Net Transfer (to) from Retained Earninqs 2,436,301 Net General Fund Revenue Amendment 2,441,766 Attachment number 4 Page 3 of 3 7) An appropriation of $14,615 from retained earnings to fund increased marketing and events for Outback Bowl activities, as 14,615 approved by the Council on November 4, 2010. 8) A decrease in the Parks & Recreation expenditures for the Sunsets at Pier 60 budget allows for a net reduction to the use of General Fund reserves by $22,500 bringing the General (22,500) Fund in balance at first quarter. Item # 2 Economic Development and Housinq Enqineerinq Finance Fire Librarv Marine & Aviation Official Records and Leaislative Services Increase/ (Decrease) 100 3,600 .11 500 5,200 500 400 Attachment number 5 Page 1 of 3 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2010/11 Description At first quarter, the 19% negative variance in the Economic Development department is related to a timing variance of the payment of the marketing/tourism contract with Imagine Global Consulting. The $100 budget increase reflects an amendment for the one-time $100 remuneration for the Economic Development departmenYs CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. At first quarter, the Engineering department reflects a 9% negative variance due to the timing of the budget vs. actual expenditures of electrical charges for street lighting. The $3,600 budget increase reflects an amendment for the one-time $100 remuneration for each Engineering department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. The $600 budget increase reflects an amendment for the one- time $100 remuneration for each Finance department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. The $500 budget increase reflects an amendment for the one- time $100 remuneration for each Fire department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. The $5,200 budget increase reflects an amendment for the one� time $100 remuneration for each Library department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. The $500 budget increase reflects an amendment for the one- time $100 remuneration for each Marine and Aviation department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. At first quarter, the Official Records and Legislative Services budget reflects a 20% negative variance due to the retirement payout of the former City Clerk. The budget amendment reflects a$400 increase for the one-time $100 remuneration for each Official Records and Legislative Services department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. Item # 2 Parks & Recreation Planninq & Development Police Increase/ (Decrease) 115, 365 3,400 12,965 Attachment number 5 Page 2 of 3 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2010/11 Description Amendments to the Parks and Recreation department reflect a net increase of $115,365; amendments include the following: 1) a$13,800 budget increase for the one-time $100 remuneration for each Parks and Recreation department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves; 2) a$109,450 budget increase in the Parks and Beautification Administration program for the purchase of turf maintenance equipment and clubhouse equipment from Clearwater Country Club Management, Inc. This was approved by the Council on December 16, 2010, with offsetting revenues from General Fund reserves; 3) a$22,500 budget decrease in the Special Events cost center to eliminate the duplicate budget for Sunsets which is now budgeted in the Parking Fund; and 4) an increase of $14,615 in the Special Events cost center to fund increased marketing and events for Outback Bowl activities. This was approved by the Council on November 4, 2010, with offsetting revenues from General Fund Reserves. The $3,400 budget increase reflects an amendment for the one� time $100 remuneration for each Planning and Development department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. At first quarter, the negative variance in Police expenditures is a timing difference between the payment and the budgeted expense of the Sheriffs contract. Amendments include: 1) an increase to overtime by $3,985 which is offset by revenue amendments recognizing the reimbursements received for overtime from ICE (The Department of the Treasury) and the DEA (US Department of Justice, Drug Enforcement Agency); 2) an increase to Other Services or Charges by $740 which is offset by revenue amendments recognizing reimbursement received from ICE for confidential informant fees and the purchase of fraudulent documents; 3) increases to meals and operating supplies for $300 and $440, respectively, which are offset by revenue amendments recognizing an honorarium received from Volunteer Florida and VISIT Florida for AmeriCorps members; and 4) a$7,500 budget increase for the one-time $100 remuneration for each Police department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. 7 Item # 2 Attachment number 5 Page 3 of 3 City of Clearwater General Fund Expenditures First Quarter Amendments FY 2010/11 Public Communications Public Services Non-Departmental Increase/ (Decrease) 100 2,100 750,000 110,000 1,436,936 2,296,936 Net General Fund ExpenditureAmendment 2,441,766 Description The $100 budget increase reflects an amendment for the one- time $100 remuneration for the Public Communications departmenYs CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. The $2,100 budget increase reflects an amendment for the one� time $100 remuneration for each Public Services department CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from General Fund reserves. At first quarter, the Non-Departmental program reflects a 46% negative variance due to the timing of the Clearwater Marine Aquarium donation. Amendments include the following: A transfer of $750,000 from General Fund unappropriated retained earnings as a one time grant to the Clearwater Marine Aquarium to be applied to the purchase of property adjacent to the aquarium. This was approved by the City Council on October 21, 2010. A transfer of $110,000 from General Fund unappropriated retained earnings to fund all settlement costs in the Pierce 100 case as approved by Council on January 13, 2011. The budget amendment reflects City Council approved interfund transfers of $1,436,936 to Capital Improvement projects, as follows: 1) A transfer of $88,936 of General Fund unappropriated retained earnings to project 315-93132, Old Coachman Road Park, for the purchase of property adjacent to Brighthouse Network Field, as approved by the Council on October 21, 2010. 2) A transfer of $1,348,000 from General Fund unappropriated retained earnings to project 315-93620, Sports Field Lighting, for the installation and service of sports field lighting equipment at various city athletic facilities; as approved by the Council on December 16, 2010. Item # 2 Attachment number 6 Page 1 of 1 GENERALFUND FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2010/11 First First 2010/11 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget Crl�l�l�l 7e�1�1�1�7 GENERALFUND REVENUES PropertyTaxes 37,271,490 20,020,000 25,670,996 5,650,996 28% - 37,271,490 Franchise Fees 10,575,000 1,814,167 1,788,162 (26,005) -1% - 10,575,000 UtilityTaxes 12,858,380 2,384,101 2,489,079 104,978 4% - 12,858,380 Licenses, Permits & Fees 3,615,000 1,098,130 866,372 (231,758) -21% - 3,615,000 Intergovernmental Sales Tax 5,150,000 858,334 426,765 (431,569) -50% - 5,150,000 Communications Services Tax 6,610,160 1,101,694 969,817 (131,877) -12% - 6,610,160 Other Intergovernmental 11,242,160 2,235,770 2,201,228 (34,542) -2% 4,725 11,246,885 Charges for Services 3,814,050 810,105 574,717 (235,388) -29% - 3,814,050 Fines & Forfeitures 688,800 159,575 105,707 (53,868) -34% - 688,800 Interest Income 1,240,000 290,600 148,214 (142,386) -49% - 1,240,000 Miscellaneous Revenues 809,000 146,699 255,823 109,124 74% 740 809,740 InterfundCharges/Transfersln 16,926,050 3,836,647 4,251,932 415,285 11% - 16,926,050 OPERATING REVENUES 110,800,090 34,755,822 39,748,812 4,992,990 14% 5,465 110,805,555 Transfer (to) from Surplus 670,260 - - - n/a 2,436,301 3,106,561 TOTAL REVENUES 111,470,350 34,755,822 39,748,812 4,992,990 14% 2,441,766 113,912,116 GENERAL FUND EXPENDITURES City Council City Manager's Office City Attorney's Office City Auditor's Office Economic Development & Housing Engineering Finance Fire Human Resources Library Marine & Aviation Non-Departmental Office of Management & Budget Official Records & Legislative Svcs Parks & Recreation Planning & Development Police Public Communications Public Services 280,450 1,204,940 1, 538, 740 185,080 1,347,210 7,283,430 2,180,180 22,406, 590 1,052,110 5, 718, 790 540, 540 3,254,400 289, 500 962, 750 19,006,070 4,461,860 36,371,290 950, 320 2,436,100 83,452 386,151 418,661 57, 355 433,097 2,031,299 600,297 6,961,991 301, 799 2,092,302 155,498 1,597,831 90,948 270, 300 5,927,894 1, 327, 363 10,845,571 277,981 696,973 80,830 372, 758 410,189 57,412 514,296 2,209,003 589, 706 6,955,148 294,146 2,028,409 138,103 2,332,275 89,935 324,116 5, 710, 335 1,311,484 10,978,047 253,468 674,438 2,622 13, 393 8,472 (57) (81,199) (177, 704) 10, 591 6,843 7,653 63,893 17, 395 (734,444) 1,013 (53,816) 217, 559 15,879 (132,476) 24,513 22, 535 3% 3% 2% 0% -19% -9% 2% 0% 3% 3% 11% -46% 1% -20% 4% 1% -1 % 9% 3% 100 3,600 600 500 5,200 500 2,296,936 400 115, 365 3,400 12,965 100 2,100 280,450 1,204,940 1, 538, 740 185,080 1, 347, 310 7,287,030 2,180, 780 22,407,090 1,052,110 5,723,990 541,040 5, 551, 336 289, 500 963,150 19,121,435 4,465,260 36,384,255 950,420 2,438,200 Allocation to GF Reserve - - - - - - - TOTAL EXPENDITURES 111,470,350 34,556,763 35,324,097 (767,334) -2% 2,441,766 113,912,116 Item # 2 Water & Sewer Fund Revenues Expenditures: Stormwater Fund Revenues: Increase/ (Decrease) 259,282 259,282 Attachment number 7 Page 1 of 2 City of Clearwater Utility Funds First Quarter Amendments FY 2010/11 Description At first quarter, anticipated revenues of the Water & Sewer Fund are equal to anticipated expenditures for FY 2010/11. First quarter revenue amendments in the Water and Sewer Fund reflect the following: 1) an appropriation of $13,500 from retained earnings to provide funding for the one-time $100 remuneration for each Water and Sewer Fund CWA employee as approved by the Council on December 2, 2010; 2) an appropriation of $42,940 from retained earnings to provide funding for the settlement fee with the Florida Department of Environmental Protection (FDEP) for the Marshall Street Advanced Treatment Facility as approved by Council on January 13, 2011; and 3) an appropriation of $202,842 from retained earnings to provide funding for an efficiency review of the Public Utilities Department as approved by Council on February 3, 2011. First quarter expenditure amendments reflect a net increase of $259,282, amendments include: 1) an increase of $13,500 for the one- time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010; 2) an increase of $42,940 for the settlement payment to FDEP for the Marshall Street Advanced Treatment Facility, as approved by Council on January 13, 2011; and 3) an increase of $202,842 to fund an efficiency review of the Public Utilities Department as approved by Council on February 3, 2011. All three amendments have offsetting revenues from Water and Sewer Fund reserves. At first quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures bv $851,300 for FY 2010/11. First quarter revenue amendments in the Stormwater Fund reflect an appropriation of $3,400 from retained earnings to provide funding for the one-time $100 remuneration for each Stormwater Fund CWA 3,400 employee as approved by the Council on December 2, 2010. First quarter expenditure amendments reflect an increase of $3,400 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting Expenditures: 3,400 revenues from Stormwater Fund reserves. �o Item # 2 Gas Fund Revenues Expenditures: Solid Waste Fund Revenues Expenditures: Recvclinq Fund Revenues Increase/ (Decrease) City of Clearwater Utility Funds First Quarter Amendments FY 2010/11 Description At first quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures bv $5,277,750 for FY 2010/11. Attachment number 7 Page 2 of 2 First quarter revenue amendments in the Gas Fund reflect an appropriation of $5,800 from retained earnings to provide funding for the one-time $100 remuneration for each Gas Fund CWA employee 5,800 as approved by the Council on December 2, 2010. First quarter expenditure amendments reflect an increase of $5,800 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting 5,800 revenues from Gas Fund reserves. • •11 (202,460) 116,419 At first quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures bv $ 1,285,490 for FY 2010/11. First quarter revenue amendments in the Solid Waste Fund reflect an appropriation of $9,900 from retained earnings to provide funding for the one-time $100 remuneration for each Solid Waste Fund CWA employee as approved by the Council on December 2, 2010. First quarter expenditure amendments reflect a net decrease of $202,460, amendments include: 1) an increase of $9,900 for the one- time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Solid Waste Fund reserves. 2) decreases in Dump Fees in the collection programs totaling $215,000 due to lower than expected tonnages; and 3) various other increases and decreases in program expenditures for a net increase of $2,640. At first quarter, anticipated revenues of the Recvclinq Fund exceed anticipated expenditures bv $114,519 for FY 2010/11. First quarter revenue amendments in the Recycling Fund reflect a net increase of $116,419, amendments include: 1) an appropriation of $1,900 from retained earnings to provide funding for the one-time $100 remuneration for each Recycling Fund CWA employee as approved by the Council on December 2, 2010; 2) the recognition of a grant for $83,519 from Pinellas County supporting recycling efforts; 3) an increase of $54,000 in the Sale of Recyclables due to a strong recycling resale market; and 4) a decrease of $23,000 in Interest Earnings due to lower than anticipated earnings. First quarter expenditure amendments reflect an increase of $1,900 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting Expenditures 1,900 revenues from Recycling Fund reserves. 11 Item # 2 Attachment number 8 Page 1 of 2 UTILITY FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2070/77 First First 2070/77 Adopted Quarter Quarter Budget Proposed 7 Qtr Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 58,683,810 14,670,951 14,696,040 25,089 0% - 58,683,810 Non-Operating Revenue 2,219,950 311,702 187,535 (124,167) -40% - 2,219,950 Contributions - - 35,520 35,520 n/a - - Transfers In - - - - n/a - - Use of Fund Equity 2,966,570 - 4,790 4,790 n/a 259,282 3,225,852 Total Revenues 63,870,330 74,982,653 74,923,885 (58,768) 0% 259,282 64,729,672 Water & Sewer Fund Expenditures Public Utilities Administration 849,830 231,254 285,090 (53,836) -23% 202,842 1,052,672 Wastewater Collection 5,625,650 2,228,293 2,140,506 87,787 4% 2,200 5,627,850 Public Utilities Maintenance 5,132,820 2,788,447 2,696,918 91,529 3% 1,800 5,134,620 WPC/ Plant Operations 11,889,300 3,369,039 2,934,270 434,769 13% 46,540 11,935,840 WPC / Laboratory Operations 1,207,830 330,295 330,439 (144) 0% - 1,207,830 WPC/ Industrial Pretreatment 819,790 230,130 200,146 29,984 13% 500 820,290 Water Distribution 12,660,040 7,994,286 7,919,386 74,900 1% 3,100 12,663,140 WaterSupply 9,447,900 2,403,497 2,725,279 (321,782) -13% 1,000 9,448,900 Reclaimed Water 2,124,010 592,420 519,619 72,801 12% 1,300 2,125,310 Non-Departmental 14,113,160 3,528,288 3,525,154 3,134 0% - 14,113,160 Total Expenditures 63,870,330 23,695,949 23,276,806 479,743 2% 259,282 64,729,672 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 15,060,460 3,765,117 3,777,353 12,236 0% - 15,060,460 Non-Operating Revenues 287,790 62,574 75,293 12,719 20% - 287,790 Transfers In - - - - n/a - - Use of Fund Equity - - - - n/a 3,400 3,400 Total Revenues 75,348,250 3,827,697 3,852,646 24,955 7% 3,400 75,357,650 Stormwater Utility Expenditures StormwaterManagement 4,983,140 1,290,435 1,181,116 109,319 8% 100 4,983,240 StormwaterMaintenance 9,513,810 5,762,377 5,649,239 113,138 2% 3,300 9,517,110 Total Expenditures 74,496,950 7,052,872 6,830,355 222,457 3% 3,400 74,500,350 GAS FUND Gas Fund Revenues Operating Revenues 37,431,440 9,889,853 9,292,001 (597,852) -6% - 37,431,440 Non-Operating Revenues 766,320 189,380 165,961 (23,419) -12% - 766,320 Transfers In - - 4,790 4,790 n/a - - Capitalized Labor 266,000 66,501 126,425 59,924 90% - 266,000 Use of Fund Equity 1,700,000 - - - n/a 5,800 1,705,800 Total Revenues 40,763,760 70,745,734 9,589,777 (556,557) -5% 5,800 40,769,560 Gas Fund Expenditures Administration & Supply 24,254,930 6,045,383 4,372,025 1,673,358 28% 300 24,255,230 South Area Gas Operations 5,857,720 2,995,347 2,948,525 46,822 2% 4,000 5,861,720 North Area Gas Operations 1,844,740 785,555 751,430 34,125 4% 1,400 1,846,140 Marketing & Sales 2,928,620 1,149,923 1,087,768 62,155 5% 100 2,928,720 Total Expenditures 34,886,070 70,976,208 9,759,748 7,876,460 77% 5,800 34,897,870 12 Item # 2 Attachment number 8 Page 2 of 2 UTILITY FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2070/77 First First 2070/77 Adopted Quarter Quarter Budget Proposed 7 Qtr Amended Budget Projection Actual Variance % Amendment Budget SOLID WASTE FUND Solid Waste Revenues Operating Revenue 18,124,000 4,531,002 4,721,091 190,089 4% - 18,124,000 Non-Operating Revenue 656,800 179,602 176,893 (2,709) -2% - 656,800 Transfers In 256,320 64,080 68,873 4,793 7% - 256,320 Use of Fund Equity - - - - - 9,900 9,900 Total Revenues 79,037,720 4,774,684 4,966,857 792,773 4% 9,900 79,047,020 Solid Waste Expenditures Collection 14,832,290 4,246,624 3,543,416 703,208 17% (216,460) 14,615,830 Transfer 1,470,950 451,374 415,054 36,320 8% 1,100 1,472,050 Container Maintenance 769,020 218,329 223,973 (5,644) -3% 9,900 778,920 Administration 891,730 244,219 237,527 6,692 3% 3,000 894,730 Total Expenditures 77,963,990 5,760,546 4,479,970 740,576 74% (202,460) 77,767,530 RECYCLING FUND Recycling Revenues Operating Revenue 2,594,180 648,549 733,351 84,802 13% 137,519 2,731,699 Non-Operating Revenue 160,000 45,300 21,610 (23,690) -52% (23,000) 137,000 Use of Fund Equity 109,970 - - - - 1,900 111,870 Total Revenues 2,864,750 693,849 754,967 67,772 9% 776,479 2,980,569 Recycling Expenditures Residential 1,095,380 303,107 277,421 25,686 8% 800 1,096,180 Multi-Family 476,200 130,748 118,807 11,941 9% 400 476,600 Commercial 1,292,570 353,101 350,807 2,294 1% 700 1,293,270 Total Expenditures 2,864,750 786,956 747,036 39,920 5% 7,900 2,866,050 13 Item # 2 Marine Fund Revenues: Expenditures: Increase/ (Decrease) 1,300 1,300 Clearwater Harbor Marina Fund Revenues: Expenditures: Airpark Fund Revenues: Expenditures: Attachment number 9 Page 1 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2010/11 Description Anticipated revenues of the Marine Fund exceed anticipated expenditures bv $24,510 at first quarter fiscal vear 2010/11. First quarter revenue amendments in the Marine Fund reflect an appropriation of $1,300 from retained earnings to provide funding for the one-time $100 remuneration for each Marine Fund CWA employee as approved by the Council on December 2, 2010. First quarter expenditure amendments reflect an increase of $1,300 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Marine Fund reserves. Anticipated revenues of the Clearwater Harbor Marina fund exceed anticipated expenditures bv $2,090 at first quarter fiscal vear 2010/11. First quarter revenue amendments in the Clearwater Harbor Marina Fund reflect an appropriation of $400 from retained earnings to provide funding for the one-time $100 remuneration for each Clearwater Harbor Marina Fund CWA employee as approved by the 400 Council on December 2, 2010. 400 101,557 101,557 First quarter expenditure amendments reflect an increase of $400 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Clearwater Harbor Marina Fund reserves. Anticipated revenues of the Airpark Fund exceed anticipated expenditures bv $51,690 at first quarter fiscal vear 2010/11. First quarter revenue amendments in the Airpark fund reflect an appropriation of $200 from retained earnings to provide funding for the one-time $100 remuneration for each Airpark Fund CWA employee as approved by the Council on December 2, 2010. A second amendment reflects an appropriation of $101,357 from retained earnings, representing a loan form the Central Insurance Fund, to project 315- 94854, Multi-Plane Hangars, as approved by Council on January 13, 2011. First quarter expenditure amendments reflect an increase of $200 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Airpark Fund reserves. A second amendment reflects a transfer of $101,357 to project 315-94854, Multi-Plane Hangars, as approved by Council on January 13, 2011. 14 Item # 2 Parkinq Fund Revenues: Expenditures: Harborview Fund Revenues: Expenditures: Increase/ (Decrease) 118,985 118,985 (31,000) (31,000) Attachment number 9 Page 2 of 2 City of Clearwater Other Enterprise Funds First Quarter Amendments FY 2010/11 Description At first quarter, anticipated revenues of the Parkinq Fund exceed anticipated expenditures bv $526,990 for fiscal vear 2010/11. Parking fund revenues reflect a 19% negative variance at first quarter primarily due to lower than anticipated parking receipts, fines and interest earnings; these revenues will be monitored closely for future amendments. First quarter revenue amendments in the Parking Fund reflect the following: 1) an appropriation of $2,700 from retained earnings to provide funding for the one-time $100 remuneration for each Parking Fund CWA employee as approved by the Council on December 2, 2010; 2) an appropriation of $110,675 from retained earnings to project 315-93411, Clearwater Beach Lifeguard Building Renovations, to provide additional funds necessary to comply with ADA requirements as approved by the Council on October 5, 2010; and 3) an appropriation of $5,610 from retained earnings to project 325-93411, Clearwater Beach Lifeguard Building Renovations, to provide the public art funds for the project as approved by the Council on October 5, 2010. First quarter expenditure amendments reflect an net increase of $118,985, amendments include: 1) an increase of $2,700 for the one- time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Parking Fund reserves; 2) a transfer of $110,675 from retained earnings to project 315-93411, Clearwater Beach Lifeguard Building Renovations, to provide additional funds necessary to comply with ADA requirements as approved by the Council on October 5, 2010; and 3) a transfer of $5,610 from retained earnings to project 325- 93411, Clearwater Beach Lifeguard Building Renovations, to provide the public art funds for the project as approved by the Council on October 5, 2010. Anticipated revenues of the Harborview Fund are equal to anticipated expenditures at first quarter fiscal vear 2010/11. Harborview Fund revenues reflect a positive variance at first quarter, due to rental revenue from Pickles Plus. An amendment increasing rental revenue by $13,820 will bring the budget in line with actual receipts through January. A second amendment reduces the use of Harborview Fund reserves by $44,820, representing the increase in rental revenue and the decrease in operating expenditures. First quarter expenditures reflect a positive variance due to lower than expected real estate taxes. A decrease of $31,000 in Taxes will bring the budget in line with the actual payment. 15 Item # 2 Attachment number 10 Page 1 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2010/11 First First 2010/11 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget MARINE FUND MARINE FUND REVENUES Operating Revenues 4,311,400 979,552 935,500 (44,052) -4% - 4,311,400 Non-Operating Revenues 127,880 32,523 31,500 (1,023) -3% - 127,880 Transfers In - - - - n/a - - Use of Fund Equity - - - - n/a 1,300 1,300 TOTAL REVENUES 4,439,280 1,012,075 967,000 (45,075) -4% 1,300 4,440,580 IJ�le1 71�1-■1�1�1�7�/��1�1�7��1 7�� Marina Operations 4,414,770 1,065,093 1,032,962 32,131 3% 1,300 4,416,070 TOTAL EXPENDITURES 4,414,770 1,065,093 1,032,962 32,131 3% 1,300 4,416,070 CLEARWATER HARBOR MARINA FUND CLEARWATER HARBOR MARINA FUND REVENUES Operating Revenues 344,060 89,600 70,593 (19,007) -21% - 344,060 Non-Operating Revenues 68,790 4,802 2,302 (2,500) -52% - 68,790 Transfers In - - - - n/a - - Use of Fund Equity - - - - n/a 400 400 TOTAL REVENUES 412,850 94,402 72,895 (21,507) -23% 400 413,250 CLEARWATER HARBOR MARINA FUND EXPENDITURES Clearwater Harbor Marina Operations 410,760 121,891 87,701 34,190 28% 400 411,160 TOTAL EXPENDITURES 410,760 121,891 87,701 34,190 28% 400 411,160 AIRPARK FUND AIRPARK FUND REVENUES Operating Revenues 231,000 57,750 55,522 (2,228) -4% - 231,000 Non-Operating Revenues 9,250 2,313 3,158 845 37% - 9,250 Transfers In - - - - n/a - 0 Use of Fund Equity - - - - n/a 101,557 101,557 TOTAL REVENUES 240,250 60,063 58,680 (1,383) -2% 101,557 341,807 1e11 7]e1 7:�1�1�1�7=E/��1�1�7��1 7�: Airpark Operations 188,560 56,531 51,300 5,231 9% 101,557 290,117 TOTAL EXPENDITURES 188,560 56,531 51,300 5,231 9% 101,557 290,117 16 Item # 2 Attachment number 10 Page 2 of 2 ENTERPRISE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2010/11 First First 2010/11 Adopted Quarter Quarter Budget Proposed Amended Budget Projection Actual Variance % Amendment Budget PARKING FUND PARKING FUND REVENUES Operating Revenues 4,421,380 816,434 727,425 (89,009) -11% - 4,421,380 Non-Operating Revenues 569,000 164,449 67,076 (97,373) -59% - 569,000 Transfers In - - - - - - - Use of Fund Equity - - - - - 118,985 118,985 TOTAL REVENUES 4,990,380 980,883 794,501 (186,382) -19% 118,985 5,109,365 I]e\ 7:/1�[H7�1�1�7=E/��1�1�7��1 7�y Engineering / Parking System 3,231,260 1,054,223 1,114,527 (60,304) -6% 117,985 3,349,245 Engineering / Parking Enforcement 785,000 135,228 105,602 29,626 22% 500 785,500 Parks & Rec / Beach Guards 447,130 134,036 119,406 14,630 11 % 500 447,630 TOTAL EXPENDITURES 4,463,390 1,323,487 1,339,534 (16,047) -1% 118,985 4,582,375 HARBORVIEW FUND HARBORVIEW CENTER FUND REVENUES Operating Revenues - - 10,356 10,356 n/a 13,820 13,820 Non-operating Revenues 6,000 1,500 3,649 2,149 143% - 6,000 Transfers In - - - - n/a - - Use of Fund Equity 53,850 - - - n/a (44,820) 9,030 TOTAL REVENUES 59,850 1,500 14,005 12,505 834% (31,000) 28,850 HARBORVIEW CENTER FUND EXPENDITURES Harborview Center Operations 59,850 40,462 6,723 33,739 83% (31,000) 28,850 TOTAL EXPENDITURES 59,850 40,462 6,723 33,739 83% (31,000) 28,850 �� Item # 2 Increase/ (Decrease) General Services Attachment number 11 Page 1 of 2 City of Clearwater Internal Service Funds First Quarter Amendments FY 2010/11 Description At first quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for fiscal vear 2010/11. First quarter revenue amendments in the General Services Fund reflect an appropriation of $4,000 from retained earnings to provide funding for the one-time $100 remuneration for each General Services Fund CWA Revenues: 4,000 employee as approved by the Council on December 2, 2010. Expenditures: Administrative Services Revenues: Expenditures: Garaae Fund Revenues: Expenditures: First quarter expenditure amendments reflect an increase of $4,000 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues 4,000 from General Services Fund reserves. 3,700 3,700 103,600 103,600 At first quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures bv $201,900 for fiscal vear 2010/11. First quarter revenue amendments in the Administrative Services Fund reflect an appropriation of $3,700 from retained earnings to provide funding for the one-time $100 remuneration for each Administrative Services Fund CWA employee as approved by the Council on December 2, 2010. First quarter expenditure amendments reflect an increase of $3,700 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Administrative Services Fund reserves. At first quarter, anticipated revenues of the Garaqe Fund exceed anticipated expenditures bv $7,080 for fiscal vear 2010/11. First quarter revenue amendments in the Garage Fund reflect an appropriation of $3,600 from retained earnings to provide funding for the one-time $100 remuneration for each Garage Fund CWA employee as approved by the Council on December 2, 2010. A second amendment reflects an appropriation of $100,000 from retained earnings to provide for the settlement of the Sprint/Nextel Frequency Reconfiguration Agreement mediation as approved by Council on November 4, 2010. First quarter expenditure amendments reflect a net increase of $103,600, amendments include: 1) and increase of $3,600 for the one-time $100 remuneration for each CWA employee. This was approved by the Council on December 2, 2010 with offsetting revenues from Garage Fund reserves; and 2) a$100,000 increase in Legal Settlements to provide funding for the settlement of the Sprint/Nextel Frequency Reconfiguration Agreement mediation as approved by Council on November 4, 2010. �$ Item # 2 Central Insurance Revenues Expenditures: Increase/ (Decrease) Attachment number 11 Page 2 of 2 City of Clearwater Internal Service Funds First Quarter Amendments FY 2010/11 Description At first quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures bv $1,520,380 for fiscal vear 2010/11. First quarter amendments reflect an allocation of Central Insurance Fund reserves for $400,000 to support the CIGNA HealthCare contract as approved by the Council on October 21, 2010. A second amendment reflects the return of $500,000 in Central Insurance Fund reserves which were advanced to project 315-93405, Downtown Boat Slips; this 900,000 represents the final return of funds. First quarter expenditure amendments include an increase of $400,000 to fund the CIGNA HealthCare contract as approved by the Council on 400,000 October 21, 2010. � Item # 2 Attachment number 12 Page 1 of 2 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2010/11 First First 2010/11 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND GENERAL SERVICES FUND REVENUES BillingstoDepartments 4,771,930 1,192,986 1,203,465 10,479 1% - 4,771,930 Non-Operating Revenue 40,000 10,000 8,925 (1,075) -11 % - 40,000 Transfers In - - - - n/a - - Fund Reserves - - - - n/a 4,000 4,000 TOTAL REVENUES 4,811,930 1,202,986 1,212,390 9,404 1% 4,000 4,815,930 GENERAL SERVICES FUND EXPENDITURES Administration 471,240 140,194 95,959 44,235 32% 100 471,340 Building & Maintenance 4,340,690 1,230,150 1,249,372 (19,222) -2% 3,900 4,344,590 TOTAL EXPENDITURES 4,811,930 1,370,344 1,345,331 25,013 2% 4,000 4,815,930 ADMINISTRATIVE SERVICES FUND ADMINISTRATIVE SERVICES REVENUE Operating Revenue 8,931,920 2,232,984 2,208,616 (24,368) -1 % - 8,931,920 Non-Operating Revenue 200,000 50,000 34,953 (15,047) -30% - 200,000 Transfers In - - - - n/a - - Fund Reserves 200,000 - - - n/a 3,700 203,700 TOTAL REVENUES 9,331,920 2,282,984 2,243,569 (39,415) -2% 3,700 9,335,620 ADMINISTRATIVE SERVICES EXPENDITURES InformationTechnology/Admin 345,870 101,544 95,451 6,093 6% 100 345,970 Information Tech / Network Svcs 2,287,390 772,029 641,685 130,344 17% - 2,287,390 Info Tech / Software Applications 1,986,330 646,777 561,734 85,043 13% - 1,986,330 Info Tech / Telecommunications 868,720 222,156 146,321 75,835 34% - 868,720 Public Comm / Courier 172,690 43,529 27,235 16,294 37% 100 172,790 Public Comm / Graphics - - - - n/a - - ClearwaterCustomerService 3,469,020 1,051,097 1,011,831 39,266 4% 3,500 3,472,520 TOTAL EXPENDITURES 9,130,020 2,837,132 2,484,257 352,875 12% 3,700 9,133,720 GARAGE FUND GARAGE FUND REVENUES Billings to Departments 11,569,510 2,892,378 2,805,338 (87,040) -3% - 11,569,510 Non-Operating Revenue 576,000 144,000 140,405 (3,595) -2% - 576,000 Transfers In - - - - n/a - - Fund Reserves - - - - n/a 103,600 103,600 TOTAL REVENUES 12,145,510 3,036,378 2,945,743 (90,635) 3% 103,600 12,249,110 Garage Fund Expenditures FleetMaintenance 11,617,080 3,090,597 3,178,678 (88,081) -3% 103,500 11,720,580 RadioCommunications 521,350 133,190 77,934 55,256 41% 100 521,450 TOTAL EXPENDITURES 12,138,430 3,223,787 3,256,612 (32,825) -1% 103,600 12,242,030 20 Item # 2 Attachment number 12 Page 2 of 2 INTERNAL SERVICE FUNDS FIRST QUARTER REVIEW For Three Month Period of October 1, 2010 - December 31, 2010 2010/11 First First 2010/11 Adopted Quarter Quarter Budget Proposed 1 Qtr Amended Budget Projection Actual Variance % Amendment Budget CENTRALINSURANCEFUND CENTRAL INSURANCE FUND REVENUES Billings to Departments 17,173,970 4,293,492 3,926,716 (366,776) -9% - 17,173,970 Non-Operating Revenue 1,190,000 307,400 184,317 (123,083) -40% - 1,190,000 Transfers In 139,500 105,750 95,010 (10,740) -10% 500,000 639,500 Fund Reserves - - - - n/a 400,000 400,000 TOTAL REVENUES 18,503,470 4,706,642 4,206,043 (500,599) -11% 900,000 19,403,470 CENTRAL INSURANCE FUND EXPENDITURES Finance / Risk Management 402,260 122,717 114,741 7,976 6% - 402,260 Human Resources / Employee Benefits 313,610 89,902 55,664 34,238 38% - 313,610 Non-Departmental 16,767,220 4,191,804 4,348,416 (156,612) -4% 400,000 17,167,220 TOTAL EXPENDITURES 17,483,090 4,404,423 4,518,821 (114,398) 3% 400,000 17,883,090 2� Item # 2 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND First Quarter Summary FY 2010/11 The amended 2010/ll Capital Improvemeni Program budget report is submitted for the City Council's First Quarter review. The net proposed amendmeni is a budget increase in the amouni of $3,012,303.32. This review provides the opportunity to examine the status of all active projects and preseni formal amendmenis to the project budgets. Fiscally signif'icani budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvemeni Budget activity: ➢ Sports I+�eld Lighting — To record a budget transfer of $36,332 of General Fund revenue from project 315-93269, Lighi Replacement This additional funding is necessary to relocate lighi poles that have been ideniif'ied as safety problems due to their location. All signif'icani budget increases that have been previously approved by the City Council are listed below: Reclaimed Water Distribuiion System Downiown Streetscape Phase II Reverse Osmosis Plani at Reservoir 2 Sports Field Lighiing North Greenwood Recreation Cenier Renovation Joe DiMaggio Restroom/Storage/Concession Building City-wide Seawall Replacemeni Multi Plane Hangars Natural Gas Vehicle Fire Engine Replacemeni Old Coachman Road Park 22 Project Bud�et Increase 1,941,707 1,799,927 1,722,725 1,348,000 1,093,840 650,000 525,000 506,788 450,000 443,620 330,000 Council Approval 11/04/10 12/02/10 11/04/10 12/16/10 12/02/10 12/02/10 12/02/10 O1/13/ll 12/16/10 10/21/10 12/16/10 Item # 2 Attachment number 14 Page 1 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 316-91218 315-92273 315-92273 315-92275 315-92275 327-92275 443,620 � 1,799,927 � Fire Engine Replacement To record a budget increase in the amount of $394,221.06 of lease purchase funding and a budget increase in the amount of $49,398.94 of insurance proceeds. This amendment will provide for the purchase of a Pierce Heavy Duty Velocity Pumper. The City Council approved of this on October 21, 2010. 443,620 Streets and Sidewalks To record a budget transfer in the amount of $15,500.00 of Gas Revenue to project 315-96358, Environmental Remediation due (15,500) to the completion of 2009 Streets Resurfacing contract. (361,673) 191,686 65, 588 To record a budget transfer in the amount of $361,672.77 of Road Millage revenue to project 315-92343, East Avenue Trail. This amendment is to restore the East Avenue corridor due to CSX rail and tie replacement work; replace handicap curb ramps on East Avenue to meet current ADA standards; remove the southbound turn on Cleveland Street/East Avenue, due to converting southbound east Avenue to a bicycle trail and to modify signage. This was approved by City Council on February 3, 2011. Downtown Streetscape Phase II To record a budget transfer in the amount of $191,686.00 of Stormwater Revenue from project 315-96170, Coastal Basins Projects. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. To record a budget increase in the amount of $1,799,927.37 of Community Redevelopment Agency funds from fund 388. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. To record a budget transfer in the amount of $65,587.50 of Utility R& R Revenue from project 327-96739, Reclaimed Water Distribution System. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. (377,173) Item # 2 23 * indicates budget amendment only Attachment number 14 Page 2 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 327-92275 376-92275 315-92343 315-92839 315-93132 : 111 111 330,000 60,115 319, 941 361,673 Downtown Streetscape Phase II - continued To record a budget transfer in the amount of $60,115.00 of Utility R& R Revenue from project 327-96634, Sanitary Utility Relocation Accommodation. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. To record a budget transfer in the amount of $319,940.50 of 2009 Water and Sewer Revenue Bond proceeds from project 376-96742, Line Relocation Capitalized. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. East Avenue Trail To record a budget transfer in the amount of $361,672.77 of Road Millage revenue. This amendment is to restore the East Avenue corridor due to CSX rail and tie replacement work; replace handicap curb ramps on East Avenue to meet current ADA standards; remove the southbound turn on Cleveland Street/East Avenue, due to converting southbound east Avenue to a bicycle trail and to modify signage. This was approved by City Council on February 3, 2011. Downtown Intermodal Facility To record a budget decrease in the amount of $8 million dollars of Infrastructure Sales Tax (Penny for Pinellas) revenue and return these funds back to the Special Development fund. Due to the slowing economy and anticipated loss of revenues, this project has been reduced to $6 million dollars and the funding postponed until fiscal year 2014/15. The City Council approved of this on December 2, 2010. Old Coachman Road Park - NEW PROJECT To establish the project and record a budget increase in the amount of $330,000 to be funded from Recreation Land Impact fees in the amount of $168,599.00 and Open Space Impact fees in the amount of $72,465.00 and unappropriated retained earnings of the General Fund in the amount of $88,936.00. The funding for this project provides funds for the purchase of 1.83 acres of land located due west of Brighthouse Field, which may be used for additional grass parking and temporary housing for coaches coming to Clearwater. This was approved by the City Council on October 21, 2010. 2,437,256 361, 673 : 111 111 330,000 Item # 2 24 * indicates budget amendment only Attachment number 14 Page 3 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment Carpenter Field Infrastructure Repair- Improvement To record a budget transfer in the amount of $479.06 of General Fund revenue from project 315-93264, Enterprise Road Dog Park. The Enterprise Road Dog project is complete and the 315-93203 479 project will be closed. 315-93203 To record a budget transfer in the amount of $753.33 of General Fund revenue from project 315-93617, Morningside Aquatics Center and Park Renovation. The Morningside Aquatic Center and Park Renovation project is complete and the project will be 753 closed. To record a budget transfer in the amount of $3,147.35 of General Fund revenue from project 315-93619, Ross Norton Ball Field Improvements. The Ross Norton Ball field 315-93203 3,147 Improvement project is complete and the project will be closed. Enterprise Road Dog Park - CLOSE PROJECT To record a budget transfer in the amount of $479.06 of General Fund revenue to project 315-93203, Carpenter Field Infrastructure Repair - Improvement. This will close the 315-93264 (479) Enterprise Road Dog Park project. 315-93269 10 315-93405 (500,000) 315-93405 500,000 Light Replacement 4,380 (479) To record a budget transfer in the amount of $36,332.00 of General Fund revenue to project 315-93620, Sports Field Lighting. This additional funding for the sports lighting is necessary to relocate light poles that have been identified as (36,332) safety problems due to their location. (36,332) Downtown Boat Slips To record a budget decrease in the amount of $500,000 of Central Insurance Fund revenue that were advances to the project, returning these funds to retained earnings of the Central Insurance Fund. This should be the final return of monies advanced to the project from the Central Insurance Fund. To record a budget increase in the amount of $500,000 of Community Redevelopment Agency (CRA) revenue allowing for the return of the same amount of Central Insurance Fund revenue to that fund. Item # 2 Z�J * indicates budget amendment only Attachment number 14 Page 4 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 11 315-93411 85, 675 315-93411 325-93411 12 315-93412 13 315-93614 Clearwater Beach Life Guard Renovation To record a budget increase in the amount of $85,675.00 of unappropriated retained earnings from the Parking Fund. The City was denied a waiver of the ADA (American with Disabilities Act) requirements to provide access to the second and third floors. In order to comply with the ADA requirements, additional funds are required to widen the stairwell to accommodate an automated handicap wheel chair lift. To record a budget increase in the amount of $25,000.00 of unappropriated retained earnings from the Parking Fund. This amendment is for structural modifications required to raise the 25,000 existing building above base flood elevation City. 5, 610 525,000 To record a budget increase in the amount of $5,610.00 of unappropriated retained earnings from the Parking Fund. This amendment is for the Public Art portion of the expected total construction budget on this project. The three amendments listed were approved by City Council on October 5, 2010. 116,285 City-wide Seawall Replacement - NEW PROJECT To establish the project and record a budget increase in the amount of $525,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue. The funding for this project provides funds to replace seawalls which are reaching the end of their useful life. This was approved by the City Council on December 2, 2010. 525,000 Royalty Theater Acquisition To record a budget transfer in the amount of $3,550,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue to project 315-93623, Capital Theater This was approved by the City (3,550,000) Council on December 2, 2010. (3,550,000) Morningside Aquatic Center and Park Renovation - CLOSE PROJECT To record a budget transfer in the amount of $753.33 of General Fund revenue to project 315-93203, Carpenter Field Infrastructure Repair - Improvement. This will close the 14 315-93617 (753) Morningside Aquatic Center and Park Renovation project. (753) 15 315-93619 Ross Norton Ball Field Improvements - CLOSE PROJECT To record a budget transfer in the amount of $3,147.35 of General Fund revenue to project 315-93203, Carpenter Field Infrastructure Repair - Improvement. This will close the Ross (3,147) Norton Ball Field Improvements project. (3,147) Item # 2 26 * indicates budget amendment only Attachment number 14 Page 5 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 16 315-93620 1,348,000 315-93620 17 315-93621 1,093,840 18 315-93622 650,000 Sports Field Lighting - NEW PROJECT To establish the project and record a budget increase in the amount of $1,348,000.00 of General Fund Reserves. This project funds the retrofitting of sports field lighting equipment at Countryside Community Park and the Eddie C. Moore Complex, and upgrading Countryside Sports Complex to minimum standards. This was approved by the City Council on December 16, 2010. To record a budget transfer in the amount of $36,332.00 of General Fund revenue from project 315-93269, Light Replacement. This additional funding is necessary to relocate light poles that have been identified as safety problems due to 36,332 their location. 1,384,332 19 315-93623 3,550,000 20 315-94854 405,431 � 315-94854 101,357 North Greenwood Recreation Center Renovation - NEW PROJECT To establish the project and record a budget increase in the amount of $1,093,840.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue. This project funds a major renovation and expansion of the recreation center. This was approved by the City Council on December 2, 2010. 1,093,840 Joe DiMaggio Restroom/Storage/Concession Building- NEW PROJECT To establish the project and record a budget increase in the amount of $650,000.00 of Infrastructure Sales Tax (Penny for Pinellas) revenue. This project funds the expansion of the sports complex which includes new restrooms, storage, and concession area. This was approved by the City Council on December 2, 2010. Capitol Theater - NEW PROJECT To establish the project and record a budget transfer in the amount of $3,550,000.00 of Infrastructure Sales Tax (Penny for Pinellas) funds from project 315-93614, Royalty Theater Acquisition. This project will provide funding for a major renovation of the Capitol Theater, which was formerly known as the Royalty Theater. This was approved by the City Council on December 2, 2010. Multi Plane Hangars- NEW PROJECT To establish the project and record a budget increase in the amount of $506,788.00 with Florida Department of Transportation Grant funding in the amount of $405,431.00 and Airpark revenue in the amount of $101,357.00. This project funds the construction of new multi plane hangars at the Clearwater Airpark. This was approved by the City Council on January 13, 2011. 650,000 3,550,000 506, 788 Item # 2 27 * indicates budget amendment only Attachment number 14 Page 6 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 21 315-96124 22 315-96152 23 315-96170 24 376-96202 25 315-96358 26 315-96377 (96,832) 96, 832 (191,686) 109,075 Storm Pipe System Improvement To record a budget transfer in the amount of $96,831.64 of Stormwater Utility Revenue to project 315-96152, Lake Bellevue Stormwater Improvements. This will fund a Change Order issued to Caladesi Construction Company for additional work required on the Lake Bellevue Branch 6A Stormwater Management project. This was approved by the City Council on January 13, 2011. Lake Bellevue Stormwater Improvements To record a budget transfer in the amount of $96,831.64 of Stormwater Utility Revenue from project 315-96124, Storm Pipe System Improvements. This will fund a Change Order issued to Caladesi Construction Company for additional work required on the Lake Bellevue Branch 6A Stormwater Management project. This was approved by the City Council on January 13, 2011. Coastal Basins Projects To record a budget transfer in the amount of $191,686.00 of Stormwater Utility Revenue to project 315-92275, Downtown Streetscape Phase II. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. WWTP Screw Pump Replacement To record a budget transfer in the amount of $109,075.00 in 2009 Water Sewer Revenue Bond proceeds from project 376- 96664, Water Pollution Control R& R. The funding will provide for Jones Edmunds and Associates, an Engineer of Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services in the construction of the Pump Station at Marshall street. This was approved by City Council on December 16, 2010. Environmental Remediation To record a budget transfer in the amount of $15,500.00 of Gas Revenue from project 315-92273, Streets and sidewalks due to 15,500 the completion of the 2009 Streets Resurfacing contract. Pinellas New Mains-Service Line (96, 832 ) 96, 832 (191,686) 109,075 15,500 To record a budget increase in the amount of $41,945.28 of Property Owners Share revenue. This will bring the project 41,945 � budget in line with the cash received. 41,945 Item # 2 2$ * indicates budget amendment only Attachment number 14 Page 7 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 27 315-96386 28 315-96387 315-96387 29 315-96611 315-96611 376-96611 30 315-96615 31 315-96619 376-96619 450,000 � Expanded Energy Conservation To record a budget transfer in the amount of $1,450,000.00 of Gas revenue to project 315-96387, Natural Gas Vehicle. This funding will provide for the construction of a natural gas filling station and the conversion of Gas System vehicles to natural gas fuel. This was approved by the City Council on December (1,450,000) 16, 2010. (1,450,000) Natural Gas Vehicle To record a budget increase in the amount of $450,000.00 of Grant revenue from the Florida Energy and Climate Commission. This project funds the construction of a natural gas filling station and the conversion of Gas System vehicles to natural gas fuel. This was approved by the City Council on December 16, 2010. To record a budget transfer in the amount of $1,450,000.00 of Gas revenue from project 315-96386, Expanded Energy Conservation. This funding will provide for the construction of a natural gas filling station and the conversion of Gas System vehicles to natural gas fuel. This was approved by the City 1,450,000 Council on December 16, 2010. 1,900,000 Bio Solids Treatment To record a budget increase in the amount of $1,207.89 in Other Governmental Units representing reimbursements received from the City of Safety Harbor. This will bring the budget in line with 1,208 � cash received. To record a budget transfer in the amount of $1,100,000.00 in 1,100,000 Sewer Revenue from project 315-96621, WWTP New Presses. 11,928 � To record a budget transfer in the amount of $1,100,000.00 in 2009 Water Sewer Bond proceeds to project 376-96621, WWTP (1,100,000) New Presses. 1,208 Odor Control To record a budget increase in the amount of $11,928.30 in Other Governmental Units representing reimbursements received from the City of Safety Harbor. This will bring the budget in line with cash received. 11,928 WWTP Generator Replacements To record a budget transfer in the amount of $1,261,547.10 in Sewer Revenue from project 315-96666, WWTP East Bypass & 1,261,547 NE Pump. To record a budget transfer in the amount of $1,261,547.10 in 2009 Water Sewer Bond proceeds to project 376-96666, WWTP (1,261,547) East Bypass & NE Pump. Item # 2 29 * indicates budget amendment only Attachment number 14 Page 8 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 32 315-96621 3, 882 � 315-96621 376-96621 33 376-96622 34 315-96634 327-96634 35 376-96664 36 376-96665 15,078 � WWTP New Presses To record a budget increase in the amount of $3,881.90 in Other Governmental Units representing reimbursements received from the City of Safety Harbor. This will bring the budget in line with cash received. To record a budget transfer in the amount of $1,100,000.00 in (1,100,000) Sewer Revenue to project 315-96611, Biosolids Treatment. To record a budget transfer in the amount of $1,100,000.00 in 2009 Water Sewer Bond proceeds from project 376-96611, 1,100,000 Biosolids Treatment. 3,882 WWTP Aeration Improvements To record a budget transfer in the amount of $154,300.00 in 2009 Water Sewer Bond proceeds to project 376-96666, WWTP East Bypass & NE Pump. This was approved by City Council on (154,300) February 3, 2011. (154,300) Sanitary Utility Relocation Accommodation To record a budget increase in the amount of $15,078.40 in Other Government Unit representing reimbursements received from SWFWMD. This will bring the budget in line with cash received. To record a budget transfer in the amount of $60,115.00 of Utility R& R Revenue to project 327-92275, Downtown Streetscape Phase II. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December (60,115) 2, 2010. Water Pollution Control R& R (45, 037) To record a budget transfer in the amount of $109,075.00 in 2009 Water Sewer Revenue Bond proceeds to project 376- 96202, WWTP Screw Pump Replacement. The funding is needed for a work order issued to Jones Edmunds and Associates. This was approved by City Council on December (109,075) 16, 2010. (109,075) Sanitary Sewer R & R To record a budget transfer in the amount of $1,000,000.00 in 2009 Water Sewer Bond proceeds to project 376-96686, Pump (1,000,000) Station Replacement. To record a budget transfer in the amount of $1,000,000.00 in Sewer Revenue from project 315-96686, Pump Station Replacement. This will allow for the oldest bond proceeds to be 315-96665 1,000,000 utilized first. Item # 2 3� * indicates budget amendment only Attachment number 14 Page 9 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment WWTP East Bypass & NE Pump To record a budget transfer in the amount of $1,261,547.10 in Sewer Revenue to project 315-96619, WWTP Generator 37 315-96666 (1,261,547) Replacements. 376-96666 To record a budget transfer in the amount of $1,261,547.10 in 2009 Water Sewer Bond proceeds from project 376-96619, 1,261,547 WWTP Generator Replacements. To record a budget transfer in the amount of $154,300.00 in 2009 Water Sewer Bond proceeds from project 376-96622, WWTP Aeration Improvements. This was approved by City 376-96666 154,300 Council on February 3, 2011. 154,300 Pump Station Replacement To record a budget transfer in the amount of $1,000,000.00 in 2009 Water Sewer Bond proceeds from project 376-96665, 38 376-96686 1,000,000 Sanitary Sewer R& R. 315-96686 39 327-96721 376-96721 40 315-96739 1,941,707 � 327-96739 To record a budget transfer in the amount of $1,000,000.00 in Sewer Revenue to project 315-96665, Sanitary Sewer R& R. (1,000,000) This will allow for the oldest bond proceeds to be utilized first. Water System R& R- Maintenance To record a budget transfer in the amount of $100,000.00 in Utility R& R revenue to project 327-96761, Telemetry for Wells. (100,000) To record a budget transfer in the amount of $100,000.00 in 2009 Water Sewer Bond proceeds from project 376-96761, 100,000 Telemetry for Wells. (65,588) Reclaimed Water Distribution System To record a budget increase in the amount of $1,941,707.43 of Other Governmental Revenues for South West Florida Water Management District (SWFWMD) portion of the design, construction, and construction engineering and inspection services for the contract on the Glen Oaks / Palmetto Reclaimed Water Project. This was approved by the City Council on November 4, 2010. To record a budget transfer in the amount of $65,587.50 of Utility R& R Revenue to project 327-92275, Downtown Streetscape Phase II. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on December 2, 2010. 1,876,120 Item # 2 31 * indicates budget amendment only Attachment number 14 Page 10 of 10 CAPITAL IMPROVEMENT FUND First Quarter Amendments FY 2010/11 Increase/ Amdmt Project (Decrease) Transfer Net Budget # Number Amount Amount Description Amendment 41 376-96742 315-96742 42 327-96761 376-96761 Line Relocation - Capitalized To record a budget transfer in the amount of $319,940.50 of 2009 Water and Sewer Revenue Bond proceeds to project 376- 92275, Downtown Streetscape Phase II. The funding will provide for the construction contract titled Cleveland Street Streetscape. This contract provides for landscape, irrigation, stormwater, sewer and reclaimed water improvements from Missouri Avenue to Myrtle Avenue. This was approved by City Council on (319,941) December 2, 2010. To record a budget increase in the amount of $10,369.25 in Other Governmental Units representing reimbursements received from SWFWMD. This will bring the budget in line with 10,369 � cash received. (309,571) 43 315-96767 1,722,725 � TOTALS 3,012,303 Telemetry for Wells To record a budget transfer in the amount of $100,000.00 in Utility R& R revenue from project 327-96721, Water System R 100,000 & R - Maintenance. To record a budget transfer in the amount of $100,000.00 in 2009 Water Sewer Bond proceeds to project 376-96721, Water (100,000) System R & R - Maintenance. (0) Reverse Osmosis Plant at Reservoir 2 To record a budget increase in the amount of $1,722,724.50 of Other Governmental revenue representing reimbursements from the Southwest Florida Water Management District (SWFWMD) for Reiss Engineering contract for the preliminary evaluations, pilot testing, permitting, and bidding of a new brackish reverse osmosis water treatment plant. This was approved by City Council on November 4, 2010. 1, 722, 725 3,012,303 Item # 2 32 * indicates budget amendment only Attachment number 15 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2010 - DECEMBER 31, 2010 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/10 Amdmts Budget To Date Encumbran Balance Status Ref PUBLIC SAFETY Police Protection 91149 Police Homicide Vehicle 150,000 150,000 - - 150,000 Sub-Total 150,000 - 150,000 - - 150,000 91218 91221 91229 91236 91242 91252 91253 91255 91256 91257 91258 91259 91260 91261 91264 91265 Fire Protection Fire Engine Replacement 920,000 443,620 1,363,620 449,598 913,620 402 EMS Capital Equipment 1,103,066 1,103,066 1,031,480 - 71,586 Replace & Upgrade Airpacks 952,000 952,000 747,267 8,654 196,079 Rescue Vehicle 619,869 619,869 462,967 156,902 0 Fire Training Facility 4,583,820 4,583,820 4,559,167 24,293 360 Station 48 Renovation/Expansion 651,500 651,500 588,024 43,462 20,014 Main Station (Fire) 3,000,000 3,000,000 146,678 2,853,322 Exhaust Systems 155,480 155,480 121,436 34,044 SecurityAccess Systems 90,380 90,380 37,647 52,733 AED Program 90,550 90,550 58,509 32,041 Ladder Truck Equipment 150,000 150,000 107,526 42,474 Radio Replacements 300,610 300,610 199,394 101,216 Thermal Imaging Cameras 20,780 20,780 - 15,200 5,580 Personal Protection Equipment 758,090 758,090 465,928 292,162 Fire Hose Replacement 85,000 85,000 47,082 18,223 19,695 EMS Support Vehicles 10,000 10,000 - - 10,000 Sub-Total 13,491,145 443,620 13,934,765 9,022,703 1,180,355 3,731,708 TRANSPORTATION New Street Construction 92146 Druid Road Improvements 4,042,774 4,042,774 1,545,973 � 73,489 2,423,312 Sub-Total 4,042,774 - 4,042,774 1,545,973 73,489 2,423,312 Major Street Maintenance 92259 Traffic Calming 14,087,941 14,087,941 8,383,669 1,330,081 4,374,191 92270 Gulf to Bay/ Highland Improvement 1,500,000 1,500,000 62,236 17,381 1,420,383 92273 Streets and Sidewalks 13,240,540 (377,173) 12,863,367 5,485,047 1,580,099 5,798,221 92274 Bridge Maintenance & Improvements 2,219,010 2,219,010 379,473 1,839,537 92275 Downtown Streetscape- Phase II 2,626,764 2,437,256 5,064,020 193,599 2,943,408 1,927,013 Sub-Total 33,674,255 2,060,084 35,734,338 14,504,024 5,870,970 15,359,344 Sidewalks and Bike Trail 92339 New Sidewalks 550,849 550,849 468,500 82,349 92342 BeachConnectorTrail 1,875,807 1,875,807 1,123,737 69,098 682,972 92343 EastAvenueTrail 437,541 361,673 799,214 142,046 295,495 361,673 Sub-Total 2,864,197 361,673 3,225,870 1,734,283 364,593 1,126,994 Intersections 92551 City-Wide Intersection Improvement 1,070,848 92552 Signal Renovation 1,250,698 92553 New Signal Installation 961,789 92558 Intersection Improvements-II 3,006,910 Sub-Total 6,290,245 1,070,848 500,947 1,250,698 1,170,442 961,789 803,950 3,006,910 1,455,959 6,290,245 3,931,298 46,183 23,090 21,100 90,373 523, 718 57,166 157,839 1,529,850 2,268,574 Parking 92630 Parking Lot Resurfacing 1,461,603 1,461,603 615,706 - 845,896 92632 Parking Garage Structure Repair 1,618,432 1,618,432 728,651 4,537 885,244 92636 Parking Lot Improvement 2,117,325 2,117,325 1,520,984 117,048 479,293 92649 Surf Style Condo-Parking Unit 9,400,000 9,400,000 100,000 9,300,000 Sub-Total 14,597,360 - 14,597,360 2,965,341 121,585 11,510,433 Item # 2 33 Attachment number 15 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2010 - DECEMBER 31, 2010 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/10 Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous Engineering 92822 Miscellaneous Engineering 576,975 576,975 364,630 7,231 205,114 92839 Downtown Intermodal 8,000,000 (8,000,000) - - - C Sub-Total 8,576,975 (8,000,000) 576,975 364,630 7,231 205,114 Land Acquisition 93132 Old Coachman Road Park - 330,000 330,000 322,968 - 7,032 Sub-Total - 330,000 330,000 322,968 - 7,032 93203 93204 93205 93213 93229 93230 93247 93251 93262 93263 93264 93269 93271 93272 93273 93277 93278 93286 93602 93604 93606 93607 93608 93612 93613 93614 93615 93616 93617 93618 93619 93620 93621 93622 93623 Park Development Carpenter Field-Infras Rep/Improve Concrete Sidewalk & Pad Repair Com Sprts Cmp Infr Rep/Improve Park Amenity Purch & Rplcmnt Tennis Court Resurfacing Playgrd & Fitness Equip Purch-Repl Fitness Equipment Replacement Morningside Rec Ctr Replacement Fencing Replacement Program Public Art Maintenance Enterprise Road Dog Park Light Replacement Swimming Pool R&R Bicycle Paths-Bridges Restrooms on Clearwater Beach Harborview Infra Rep/Impr Long Center Infra Repairs Parking Lot/Bike Path Rsr/Imprv Sp Events Equip Rep & Rplcmnt Brdwlks & Docks Rep & Rplcmnt Carpenter Complex Clubhouse Ren P&R Cust Mgmt & Fac Sch Sys Misc Minor Public Art McMullen Tennis Complex Clw. Country Club Repair & Renova Royalty Theater Acquisition Aging Well Center Joe DiMaggio Sports Comp Renova Morningside Aquatic Ctr & Pk Reno Miscellaneous Park & Rec Contract Ross Norton Ballfield Improvements Sports Field Lighting No. Greenwood Rec Ctr Reno Joe DiMaggio Rest/Store/Concess Capitol Theater 295,000 612,913 534, 322 919,942 696,082 1,659,910 150,000 3,135,000 1, 302, 555 1,498 468,949 1,846,927 344,401 2,650,000 588,000 635,451 479,104 501,943 115,000 265,000 3,200,000 60,000 222,230 400,000 100,000 6,200,000 2,229,720 3,600,000 350,911 40,000 35,000 Sub-Total 33,639,858 4, 380 (479) (36,332) (3,550,000) (753) (3,147) 1, 384, 332 1,093,840 650,000 3,550,000 3,091,840 34 299, 380 612,913 534, 322 919,942 696,082 1,659,910 150,000 3,135,000 1, 302, 555 1,498 468,470 1,810,595 344,401 2,650,000 588,000 635,451 479,104 501,943 115,000 265,000 3,200,000 60,000 222,230 400,000 100,000 2,650,000 2,229,720 3,600,000 350,158 40,000 31,853 1, 384, 332 1,093,840 650,000 3,550,000 36,731,698 277,645 12,828 8,907 539,049 73,863 405,431 3,631 125,260 824,093 95,848 608,645 12,100 75,336 1,427,710 99,247 132,953 96,109 33,359 20,533 227,814 25,514 2,881,672 1,122,834 26,119 153,601 1,498 468,470 1,769,887 268, 720 1,112,025 209,275 384,613 417,674 400,122 66, 557 64,591 3,119,236 54,794 20,812 6,691 87,669 2,605,186 1,967,331 350,158 31,853 3, 701 30,985 50, 732 39, 570 50,251 5,206 3,000 102,850 39,046 1,348,000 18,934,994 1,886,140 37,006 75,681 1,506,990 327,994 250,838 61,429 62,251 48,443 200,409 30, 513 0 198,418 393, 309 12, 331 44,814 159, 539 3,600,000 0 954 0 36, 332 1,093,840 650,000 3,550,000 15,910,563 [�7 13 C 14 [�7 Item # 2 15 16 17 18 19 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2010 - DECEMBER 31, 2010 93403 93405 93408 93410 93411 93412 93413 93429 93490 93495 93496 93497 93499 Attachment number 15 Page 3 of 6 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/10 Amdmts Budget To Date Encumbran Balance Status Ref Marine Facilities Beach Guard Facility Maint 60,000 60,000 26,836 33,164 Downtown Boat Slips 12,611,441 - 12,611,441 11,849,765 95,190 666,486 Bch Rec Ctr Boat Ramp Rplcmnt 1,265,699 1,265,699 203,057 216,899 845,743 Downtown Boat Slips Maintenance 15,000 15,000 - 15,000 Clearwater Beach Life Guard Reno 455,700 116,285 571,985 240,824 325,352 5,809 City-wide Seawall Replacement - 525,000 525,000 525,000 Utilities/Services Replace 423,966 423,966 401,690 22,276 Dock Replacement & Repair 374,040 374,040 344,342 29,698 Fuel System R&R 89,792 89,792 66,979 22,814 Dock Construction 24,858 24,858 16,408 8,451 Marine Fac Dredge/Maint 576,781 576,781 568,882 7,900 Docks & Seawalls 786,085 786,085 544,354 7,917 233,813 Pier60/Sailing Center Maint 181,952 181,952 161,548 20,404 Sub-Total 16,865,314 641,285 17,506,599 14,424,685 645,358 2,436,556 iG] 11 12 Ai rpark 94817 Airpark Maint & Repair 100,000 100,000 81,753 18,247 94846 FBO Bldg Improvements 425,000 425,000 393,214 26,216 5,571 94854 Multi Plane Hangars - 506,788 506,788 - 506,788 20 94858 Airpark Security Improvements 166,799 166,799 129,756 37,043 94863 Airpark Runway Repairs 125,000 125,000 123,819 1,181 Sub-Total 816,799 506,788 1,323,587 728,542 26,216 568,830 Libraries 93527 Books & Other Lib Mat - II Garage 94233 Motorized Equip-Cash II 94234 Motorized Equip - LP II 94238 Police Vehicles 94239 Public Utilities Boom Truck 94510 94512 94514 94517 94518 94519 94521 94524 94527 5,334,291 5,334,291 4,505,452 505 828,334 Sub-Total 5,334,291 - 5,334,291 4,505,452 505 828,334 782,931 782,931 693,883 89,049 24,835,908 24,835,908 19,892,207 978,056 3,965,645 600,000 600,000 279,975 304,899 15,126 57,953 57,953 57,953 - Sub-Total 26,276,792 - 26,276,792 20,866,065 1,340,908 4,069,819 Building Maintenance Air Cond Replace-City Wide Roof Repairs Roof Replacements Painting of Facilities Fencing of Facilities Flooring for Facilities Elevator Refurbish/Modernization Long Center Major Infrst Imprvmts Honeywell Performance Contract Sub-Total 2,331,936 607,635 1,570,856 891,880 164,811 879,492 220,000 3,356,000 770, 338 10,792,948 2,331,936 1,934,742 9,856 387,339 607,635 480,622 127,012 1,570,856 981,494 11,545 577,817 891,880 439,178 452,702 164,811 122,415 42,396 879,492 675,261 204,231 220,000 4,425 215,575 3,356,000 3,297,998 56,957 1,045 770,338 653,599 113,406 3,333 10,792,948 8,585,309 196,189 2,011,450 General Public City Buildings & Equipment 94620 New City Hall 108,750 108,750 164 108,586 94624 Harborview Demolition 950,000 950,000 51,571 12,455 885,974 Sub-Total 1,058,750 - 1,058,750 51,735 12,455 994,560 Item # 2 35 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2010 - DECEMBER 31, 2010 94729 94736 94761 94801 94803 94814 94820 94824 94827 94828 94829 94830 94833 94839 94842 94850 94857 94861 96124 96125 96129 96137 96152 96158 96164 96166 96168 96169 96170 96171 96172 96173 96174 96175 Attachment number 15 Page 4 of 6 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/10 Amdmts Budget To Date Encumbran Balance Status Ref Miscellaneous City-wide Connect Infra Geographic Information Sys Poll Stor Tank Rem/Repl-Gen Fd Tidemark Upgrade Environmental Assmt & Clean-up Network Infra & Server Upgrade HR Peoplesoft Upgrade IT Disaster Recovery Telecommunications Upgrade Financial Systems Upgrades CIS Upgrades / Replacement MS Licensing / Upgrades Computer Monitors Roadway & Traffic Asset Mgt MSB Pkg Lot Resurf/Imprvmts Backfile Conversion of Records Accela Permitting & Code Enforce Library Technology Sub-Total 1,806,478 1,052,726 453,658 802,623 853,664 1,885,057 450,000 300,000 354,000 601,628 647, 376 525,000 320,000 440,000 400,000 500,000 75,000 164,053 11,631,263 1,806,478 1,052,726 453,658 802,623 853,664 1,885,057 450,000 300,000 354,000 601,628 647, 376 525,000 320,000 440,000 400,000 500,000 75,000 164,053 11,631,263 1, 385, 556 933, 708 244,249 799,043 341,211 1,123,946 75,420 179,290 131,347 172,646 412,252 302,647 171,450 12, 390 114,841 11,995 164,053 6,576,044 114 420,808 119,018 209,408 3, 580 126,314 386,139 219,800 541,311 374, 580 120,710 314,198 39,802 34,480 435,800 474, 730 112,748 17, 353 16,360 252,190 387,610 383, 782 1, 377 63,005 1,095,048 3,960,171 UTI LITI ES Stormwater Utility Storm Pipe System Improvements 8,772,101 (96,832) 8,675,269 6,766,381 42,075 1,866,813 Town Lake 7,610,847 7,610,847 7,578,371 28,500 3,976 Stev Ck Estuary Restor 6,037,055 6,037,055 5,344,822 692,233 FDEP Compliance 1,008,000 1,008,000 761,359 30,241 216,400 Lake Bellevue Stormwater Imp 2,351,163 96,832 2,447,995 1,898,161 12,443 537,390 Transfer Yard Upgrade 309,325 309,325 130,577 99,384 79,364 Allen's Creek Improvement Projects 499,250 499,250 149,887 75,411 273,953 Spring Branch Enhancement Proj 1,202,077 1,202,077 136,025 96,700 969,352 Stormwater System Expansion 1,346,281 1,346,281 1,346,281 Stevenson Creek 2,424,745 2,424,745 12,414 119,150 2,293,181 Coastal Basin Projects 6,419,037 (191,686) 6,227,351 1,361,039 188,070 4,678,242 Alligator Creek Chan F Drain Impr 1,826,187 1,826,187 1,291,886 5,077 529,224 Vaccon Cleaner 300,000 300,000 289,687 10,313 Alligator Creek Watershed Projects 1,266,490 1,266,490 198,338 201,700 866,452 Tropic Hills Phase I 2,315,041 2,315,041 623,819 1,297,955 393,268 T.V. Truck & Camera 300,000 300,000 300,000 Sub-Total 43,987,599 (191,686) 43,795,913 26,253,079 2,486,393 15,056,442 36 Item # 2 21 22 23 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2010 - DECEMBER 31, 2010 96721 96739 96740 96741 96742 96743 96744 96752 96757 96760 96761 96763 96764 96766 96767 96768 96771 96772 96773 96774 96202 96203 96611 96615 96619 96621 96622 96624 96630 96634 96645 96654 96664 96665 96666 96670 96686 Attachment number 15 Page 5 of 6 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/10 Amdmts Budget To Date Encumbran Balance Status Ref Water System System R& R-Maintenance 1,765,025 - 1,765,025 1,205,135 352,715 207,174 Reclaimed Water Dist Sys 59,617,322 1,876,120 61,493,442 50,716,749 3,088,362 7,688,331 Water Supply/Treatment 5,572,032 5,572,032 4,491,738 19,760 1,060,535 System R& R-Capitalized 9,076,796 9,076,796 8,052,320 1,024,475 Line Relocation-Capitalized 12,288,526 (309,571) 11,978,955 8,772,113 246,042 2,960,800 Mtr Bkflow Prev Dev/Change 5,049,182 5,049,182 2,215,626 2,833,556 System Expansion 2,999,673 2,999,673 1,513,941 1,485,732 Water Service Lines 5,026,792 5,026,792 3,585,953 18,381 1,422,458 Water Pick Up Trucks 147,571 147,571 79,021 55,138 13,412 Elevated WaterTanks Upgrade 3,208,600 3,208,600 2,191,065 371 1,017,164 TelemetryforWells 675,952 - 675,952 155,517 10,247 510,188 Wellfield Expansion 3,307,310 3,307,310 2,482,076 774,515 50,719 RO Plant Exp Res #1 17,482,485 17,482,485 3,641,393 1,560,931 12,280,160 Water Quality Monitoring Devices 600,000 600,000 8,255 591,745 RO Plant at Res #2 9,037,345 1,722,725 10,760,070 1,563,378 4,929,652 4,267,040 Rebate Well, Lk, Pnd IrrAbandmt 225,000 225,000 28,195 196,805 Water Supply Pick-up Truck 20,000 20,000 20,000 Double Line Stop Equipment 40,000 40,000 40,000 Groundwater Replenishment Facility 768,140 768,140 768,140 Automated Meter Reading 3,000,000 3,000,000 3,000,000 Sub-Total 139,907,751 3,289,273 143,197,024 90,702,475 11,056,114 41,438,435 Sewer System WWTP Screw Pump Replacement 1,906,860 109,075 2,015,935 145,968 127,638 1,742,329 SCBA Equipment 42,540 42,540 42,540 Bio-Solids Treatment 10,003,784 1,208 10,004,992 7,663,580 6 2,341,406 Odor Control 1,197,546 11,928 1,209,474 708,503 53,752 447,220 WWTP Generator Replacements 5,219,731 - 5,219,731 2,289,328 438,219 2,492,184 WWTP New Presses 2,908,993 3,882 2,912,875 223,570 2,689,305 WWTP Aeration Imp 3,897,000 (154,300) 3,742,700 3,492,063 125,413 125,224 Liquid Disinfection 1,483,310 1,483,310 1,206,974 263,966 12,370 Sanitary Sewer Extension 6,092,894 6,092,894 1,156,948 802,157 4,133,789 Sanitary Util RelocAccmmdtn 4,485,693 (45,037) 4,440,657 3,264,296 98,027 1,078,334 Laboratory Upgrade & R&R 1,466,259 1,466,259 806,565 659,694 Facilities Upgrade & Improvement 3,193,347 3,193,347 1,890,220 165,956 1,137,172 WPC R& R 13,243,510 (109,075) 13,134,435 11,244,968 125,004 1,764,463 Sanitary Sewer R&R 28,982,674 - 28,982,674 16,218,747 2,151,504 10,612,423 WWTP East Bypass & NE Pump 2,010,400 154,300 2,164,700 83,738 35,970 2,044,992 Poll Stor Tank Remov-WPC 207,756 207,756 195,408 12,348 Pump Station Replacement 16,119,027 - 16,119,027 12,558,378 56,556 3,504,093 Sub-Total 102,461,324 (28,019) 102,433,306 63,149,254 4,444,168 34,839,885 37 Item # 2 39 40 Gi 42 43 24 29 30 31 32 33 34 35 36 37 38 Attachment number 15 Page 6 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY FIRST QUARTER: OCTOBER 1, 2010 - DECEMBER 31, 2010 Actual Expenditures Budget Revised Project Open Available Amend Description 10/1/10 Amdmts Budget To Date Encumbran Balance Status Ref Gas System 96358 Environmental Remediation 1,989,294 15,500 2,004,794 1,007,836 28,697 968,261 25 96365 Line Relocation-Pinellas Maint 1,706,927 1,706,927 411,497 1,295,430 96367 Gas Meter Change Out-Pinellas 1,340,000 1,340,000 237,768 1,102,232 96374 Line Relocation-Pinellas Capital 3,036,983 3,036,983 1,723,060 347,921 966,003 96376 Line Relocation - Pasco Maint 680,000 680,000 27,618 652,382 96377 Pinellas New Main / Service Lines 15,904,939 41,945 15,946,884 12,889,318 3,057,567 26 96378 Pasco New Mains / Service Lines 11,219,468 11,219,468 8,048,484 3,170,984 96379 Pasco Gas Meter Change Out 870,000 870,000 98,905 771,095 96381 Line Reloc-Pasco-Capital 755,000 755,000 954 754,046 96382 Gas Inventory - Work Mgmt Sys 992,000 992,000 798,934 193,066 96384 Gas Building Renovation 899,675 899,675 480,880 418,795 96385 Gas Main Extensions 1,357,845 1,357,845 738,397 619,448 96386 Expanded EnergyConservation 2,275,709 (1,450,000) 825,709 123,512 1,469 700,728 27 96387 Natural Gas Vehicle 200,000 1,900,000 2,100,000 544,101 1,555,899 28 Sub-Total 43,227,840 507,445 43,735,285 27,131,264 378,087 16,225,935 Solid Waste 96426 Facility R& R 1,761,745 96438 Vehicle Acquisition 906,461 96443 ResContainerAcquisition-II 971,741 96444 CommContainerAcquisition-II 1,950,020 Sub-Total 5,589,967 1,761,745 1,332,295 906,461 777,258 971, 741 587,190 1,950,020 1,148,836 5,589,967 3,845,579 95 8,914 153, 770 162,779 429, 356 129,203 375,637 647,414 1,581,610 Utility Miscellaneous 96516 Citywide Aerial Photo 159,533 159,533 150,283 9,250 96523 Pub Utilities Adm Bldg R&R 342,184 342,184 205,788 136,396 Sub-Total 501,717 - 501,717 356,071 - 145,646 Recycling 96804 Recycling Carts/Dumpsters 671,925 671,925 400,607 271,318 96805 Recyc Expan/Prom/R&R 1,241,525 1,241,525 698,989 542,536 Sub-Total 1,913,450 - 1,913,450 1,099,596 - 813,854 TOTAL ALL PROJECTS 527,692,611 3,012,303 530,704,914 321,601,363 31,438,953 177,664,600 Item # 2 38 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer Public Safety Programs 1 99255 177,823 65,059 2 99256 146,150 3 99259 (38,790) 4 99262 5 99264 4,589 (29,914) Special Program Fund First Quarter Budget Amendments October 1, 2010 - December 31, 2010 Amount Description AmeriCorps Clearwater 2011 - To establish the project and record a$242,882.00 budget presenting $177,823.00 in grant funding from The Corporation for National and Community Service for Federal Assistance, and a transfer of $65,059.00 in Fines, ForFeitures and Penalties revenue for the grant match from project 181-99331, Special Law Enforcement Trust Fund. This was approved by the City Council on November 16, 2010. Human Trafficking Task Force ConYd - To establish the project and record a$146,150.00 budget representing grant from the Department of Justice, Bureau of Justice Assistance for a one year period to fund the Clearwater Area Task Force on Human Trafficking. As approved by the City Council on October 21, 2010. Hispanic Outreach Center - To record a$38,789.71 budget reduction in grant revenue from Florida Department of Law Enforcement to match budgeted revenues with actual revenues received. This will close the project, which is completed. Investigative Cost Recovery Officers - To record a $29,913.73 budget transfer of Fines, ForFeitures & Penalties revenue to 181-99329 Investigative Cost Recovery. The "Officers" project was for one year only and is complete. This amendment will return the revenue to the original project. School Resource Officers - To record a$4,588.90 budget increase in revenue from the Pinellas County School Board. This represents reimbursements received for overtime worked at school functions. Human Trafficking Immersion Training - To record a $29,162.42 budget decrease in US Department of Justice grant funding, which will close the project. The 6 99268 (29,162) grant ended August 31, 2010. Bulletproof Vest 2006 - To record a$23,966.56 budget decrease in Office of Criminal Justice revenue. Any reimbursements will now be handled through the 7 99275 (23,967) General Fund. Federal Forfeitures - Treasury - To record a $3,126.22 budget increase in interest earnings to match 8 99281 3,126 the budgeted revenues with actual revenues received. Attachment number 16 Page 1 of 5 Net Budget Amendment 242,882 146,150 (38,790) (29,914) 4,589 (29,162) (23,967) 3,126 39 Item # 2 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer 9 99317 10 99329 Special Program Fund First Quarter Budget Amendments October 1, 2010 - December 31, 2010 Amount Description Police Education Fund - To record a budget increase of $14,632.53 in Police Education Fine revenue. This will bring the budget in line with actual revenue 14,633 received. 62,876 29,914 11 99330 233,244 (175,000) 12 99331 13 99350 14 99353 15 99356 34,941 Investigative Cost Recovery - To record a net budget increase of $92,789.33 in Fines, ForFeitures & Penalties revenue. Amendments include: 1) an increase of $62,875.60 in Fines, ForFeitures & Penalties revenue to bring the budget in line with actual revenue received; and 2) a transfer of $29,913.73 in Fines, ForFeitures & Penalties revenue from project 181-99262, Investigative Cost Recovery Officers. The "Officers" project was for one year only and is complete. Florida Contraband Forfeiture Fund - To record a net budget increase of $58,243.57 in Fines, ForFeitures & Penalties revenue. Amendments include: 1) a budget increase of $233,243.57 in Fines, ForFeitures & Penalties revenue. This will bring the budget in line with actual revenue received; and 2) a budget transfer of $175,000.00 in Fines, ForFeitures & Penalties revenue to project 181-99331, Special Law Enforcement Trust Fund. Special Law Enforcement Trust Fund - Amendments include: 1) a$175,000.00 budget transfer in Fines, ForFeitures & Penalties revenue from project 181-99330, Florida Contraband ForFeiture Fund; 2) a transfer of $65,059.00 in Fines, ForFeitures & Penalties revenue to project 181-99255, AmeriCorps 2011; and 3) a$75,000.00 budget transfer in Fines, ForFeitures & Penalties revenue to project 181-99356, Safe Neighborhood Program. Attachment number 16 Page 2 of 5 Net Budget Amendment 14,633 92,789 58,244 34,941 Vehicle Replacement - To record a budget transfer of $10,270.00 in Police Services Revenue from project 181-99908, Extra Duty Program. This represents revenue collected for the previous quarter (October through December 2010) for vehicle usage on extra 10,270 duty jobs. 10,270 DUI Education Program - To record a budget increase of $500.00 in donation revenue. This reflects actual revenue received and will bring the budget in line with 500 the actual revenue received. Safe Neighborhood Program - To record a $75,000.00 transfer in Fines, ForFeitures & Penalties revenue from project 181-99331, Special Law 75,000 Enforcement Trust Fund. 500 75,000 4o Item # 2 Special Program Fund First Quarter Budget Amendments October 1, 2010 - December 31, 2010 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer Amount Description Federal Forfeiture Sharing - To record a budget increase of $303,449.13 representing $293,711.83 in US Department of Justice revenue and $9,737.30 in interest earnings. This reflects actual revenue received and will bring the budget in line with actual revenue in 16 99387 303,449 the project. Public Safety Program T ota I s: 854, 470 10 , 2 70 Social Services 17 99538 Social Services Total: Marine Program 6,150 6,150 18 99704 14,100 Marine Program Totals: 14,100 Miscellaneous Programs: 19 99846 1,625 20 99851 382,808 21 99854 (142) 0 0 Affordable Housing Impact Fees - To record a $6,149.55 budget increase in interest earnings. This reflects actual revenue received and will bring the budget in line with the actual revenue. Sembler Mitigation Project - To record a$14,100.24 budget increase in interest earnings to match budgeted revenues with actual revenues received. Economic Development QTI - To record a$1,625.00 budget increase in state funds reflecting a refunds from employers who don't reach the requirements to obtain full tax refund. This will bring budgeted revenues in line with actual revenues received. Special Events YR 07-08 - To record a$382,808.45 budget increase representing; $245,270.70 in Sales, $63,187.38 in Sponsorships, $2,572.00 in Memberships/Registrations, $78.38 in Donations, $16,955.05 in Rentals, $54,744.94 in Reimbursements; to match budgeted revenue with actual revenue received. Brownfield EPA Assessment - To record a$142.00 budget decrease which will match budgeted revenues with actual revenues received and close the program. Attachment number 16 Page 3 of 5 Net Budget Amendment 303,449 864, 740 6,150 6,150 14,100 14,100 1,625 382,808 (142) 41 Item # 2 Increase/ Amdmt Project (Decrease) Intrafund Number Number Amount Transfer 22 99869 35,185 23 99871 767 24 99872 86,288 25 26 27 28 99873 121, 372 99908 372,219 (10,270) 99910 15, 065 99927 100 Special Program Fund First Quarter Budget Amendments October 1, 2010 - December 31, 2010 Amount Description Prevention and Public Health PCHD - To record a budget of $35,185.00 in grant funds from an agreement between the Pinellas County Health Department and City of Clearwater. The grant provides funding for an additional full-time position for various health department initiatives from the period of February 1, 2011 to June 30, 2011. This agreement was approved by the City Council on January 11, 2010. State Brownfield Redevelopment - To record a $767.04 budget increase in interest earnings to match budgeted revenues with actual revenues received. Coordinated Child Care - Ross Norton - To record a $86,288.00 budget increase representing grant from Coordinated Child Care for Fiscal Year 2010/2011 for youth and teen programs at Ross Norton. The $207,660.00 grant has been divided between 181- 99872 Coordinated Child Care - Ross Norton and 181- 99873 Coordinated Child Care - North Greenwood. As approved by Council on October 5, 2010. Coordinated Child Care - North Greenwood - To record a$121,372.00 budget increase representing grant from Coordinated Child Care for Fiscal Year 2010/2011 for youth and teen programs at North Greenwood. The $207,660 grant has been divided between 181-99872 Coordinated Child Care - Ross Norton and 181-99873 Coordinated Child Care - North Greenwood. As approved by Council on October 5, 2010. Police Extra Duty Program - To record a net budget increase of $361,948.58 in Police Services revenue. Amendments include: 1) an increase of $372,218.58 in Police Services revenue to reflect actual revenue collected for extra duty jobs; and 2) a transfer of $10,270.00 in Police Services revenue to project 181- 99350, Vehicle Replacement representing revenue collected when police vehicles were requested. Library Special Account - To record a budget increase of $15,065.11 in donations revenue to match budgeted revenues with actual revenues received. Emergency Operations - To record a budget increase of $99.79 from the Florida Department of Community Affairs regarding Hurricane Jeanne. 42 Attachment number 16 Page 4 of 5 Net Budget Amendment 35,185 767 86,288 121,372 361,949 15, 065 �� Item # 2 Attachment number 16 Page 5 of 5 Special Program Fund First Quarter Budget Amendments October 1, 2010 - December 31, 2010 Increase/ Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Nagano Sister City Program - To record a budget increase of $100.00 in donations revenue to match 29 99928 100 budgeted revenues with actual revenues received. 100 Tree Replacement Program - To Record $60,907.20 budget increase in fines, forFeitures & penalties to match budgeted revenues with actual revenues 30 99970 60,907 received. 60,907 Miscellaneous Programs Total: 1,076,294 (10,270) 1,066,024 Grand Total: 1,951,014 0 1,951,014 43 Item # 2 Attachment number 17 Page 1 of 2 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 7, 2070 - DECEMBER 37, 2070 Actual Expenditures Budget Revised Project Open Available Amend Description 70/07/2070 Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 - 45,050 33,910 - 11,140 99144 Boos Development Mitigation 250,000 - 250,000 62,730 186,870 400 99856 Stimulus - LEED Training Certification 18,000 - 18,000 13,721 - 4,279 99857 Stimulus - Electronic Plan Submittal & Re 244,000 - 244,000 112,000 - 132,000 99858 Stimulus - Clearwater Energy Strategies 350,000 - 350,000 138,608 35,518 175,874 Sub-Total 907,050 - 907,050 360,969 222,388 323,693 PUBLIC SAFETY PROGRAMS 99254 Homeless Shelter 100,000 - 100,000 100,000 - - 99255 AmeriCorp Clearwater 2011 - 242,882 242,882 - - 242,882 99256 Human Trafficking Task Force Contd - 146,150 146,150 - - 146,150 99257 In-car Dig. Cam & M/C Helmets 87,366 - 87,366 83,762 - 3,604 99258 Pedestrian Safety Enhancement 50,000 - 50,000 29,202 - 20,798 99259 Hispanic Outreach Center 100,000 (38,790) 61,210 61,210 - 0 99261 AmericorpsClearwater2010 209,123 - 209,123 198,788 - 10,335 99262 Investigative Cost Recovery Officers 564,980 (29,914) 535,066 535,067 - 0 99264 School Resource Officers 556,699 4,589 561,288 378,210 - 183,078 99268 Human Trafficking Immersion Training 99,730 (29,162) 70,568 70,568 - 0 99275 BulletproofVestPasrtnership'06 35,801 (23,967) 11,834 11,834 - 0 99277 Clearwater Human Trafficking 500,000 - 500,000 425,834 - 74,166 99279 Police Recruitments 50,155 - 50,155 41,877 - 8,278 99281 Fed Forfeitures-Treasury 143,330 3,126 146,456 42,164 70,080 34,212 99290 Traffic Safety Fund 1,841 - 1,841 1,517 - 324 99310 K-9 Equipment 31,283 - 31,283 31,107 - 176 99316 Police Volunteers 115,421 - 115,421 101,713 - 13,708 99317 Police Education Fund 1,092,396 14,633 1,107,029 980,188 8,045 118,796 99325 Citizen'sPoliceAcademy 39,113 - 39,113 30,356 - 8,757 99329 InvestigativeRecoveryCosts 1,387,860 92,789 1,480,650 1,307,478 50,680 122,492 99330 FL Contraband Forfeiture Fnd 795,741 58,244 853,984 577,486 - 276,498 99331 Law Enforcement Trust Fd 2,807,691 34,941 2,842,632 2,472,353 45,933 324,346 99350 Vehicle Replacement Fund 150,491 10,270 160,761 - - 160,761 99353 DUI Education Program 3,000 500 3,500 1,420 - 2,080 99356 Safe Neighborhood Program 357,885 75,000 432,885 229,486 - 203,399 99364 Crime Prevention Program 23,095 - 23,095 19,600 - 3,495 99387 Federal Forfeiture Sharing 1,036,022 303,449 1,339,471 770,860 139,447 429,164 Sub-Total 70,339,022 864,740 77,203,763 8,502,080 374,785 2,387,500 COMMUNITY DEVELOPMENT 99421 Housing Consulting Service 99620 Public Facilities 2009 99627 CDBG-R East Gateway Fa�ade Imprmt 99628 CDBG-R East Gateway Sidewalk Imprmt 99629 CDBG-R Program Administration 99630 Public Facilities 2010 99631 Economic Development 2010 99632 Housing Rehab 2010 99633 Program Administration 2010 99634 Fair Housing 2010 99635 Relocation/Demolition 2010 99636 Infill Housing 2010 99637 Public Services 2010 99638 Public Facilities 2011 99639 Economic Development 2011 99640 Housing Rehab 2011 99641 Program Administration 2011 99642 Fair Housing 2011 115,000 201,475 80,000 146,395 25,154 576,867 11,596 325,921 186,562 29,984 83,929 389,674 149,632 346,306 10,000 251,542 200,987 - 115,000 - 201,475 - 80,000 - 146,395 - 25,154 - 576,867 - 11,596 - 325,921 - 186,562 - 29,984 - 83,929 - 389,674 - 149,632 - 346,306 - 10,000 - 251,542 - 200,987 49, 334 201,475 37,615 115,511 16,562 195,710 11,643 106,175 182,524 29,984 31,063 34,986 138, 342 23,881 28,546 2,500 59, 788 151,306 65,666 42, 385 30,884 8,592 381,157 0 219, 746 4,038 0 50,366 354,688 195,000 10,000 227,661 172,441 1 2 C 3 C 4 5 C 6 C 7 8 9 10 11 12 13 14 15 16 99643 Relocation/Demolition 2011 - - - - - - 99644 Infill Housing 2011 25,000 - 25,000 12,779 - 12,221 99645 Public Services 2011 171,102 - 171,102 - 150,681 20,421 Sub-Total 3,327,726 - 3,327,726 7,276,730 364,275 7,795,267 44 Item # 2 Attachment number 17 Page 2 of 2 SPECIAL PROGRAM STATUS SUMMARY FIRST QUARTER: OCTOBER 7, 2070 - DECEMBER 37, 2070 Actual Expenditures Budget Revised Project Open Available Amend Description 70/07/2070 Amdmt Budget To Date Encumbr Balance Status Ref SOCIAL SERVICES 99538 Affordable Housing Imp Fees 99562 HUD Special Education MARINE 99704 Sembler Mitigation Project 99707 Beach Guard Donations 408,437 6,150 414,586 142,700 16,198 255,688 30,000 - 30,000 26,400 - 3,600 Sub-Total 438,437 6,750 444,586 769,700 76,798 259,288 253,139 652,398 14,100 666,498 134,480 - 532,018 82,763 - 82,763 68,103 - 14,660 Sub-Total 735,767 74,700 749,267 202,583 - 546,678 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 1,200,000 - 1,200,000 225,663 - 974,337 99804 City Manager's Flexibility Fund 1,041,404 - 1,041,404 726,510 39,150 275,744 99835 JWB Programmer N. Greenwood 339,780 - 339,780 306,835 - 32,945 99844 United Way 6,080 - 6,080 4,689 - 1,391 99846 Economic Development - QTI 76,960 1,625 78,585 50,866 - 27,719 99851 Special Events FY07-08 5,083,243 382,808 5,466,051 5,227,248 - 238,803 99854 Brownfield EPA Assessment 400,000 (142) 399,858 399,858 - - 99855 EPABrownfieldRecoveryAssessment 400,000 - 400,000 207,845 140,405 51,750 99862 Employee Health Clinic 1,750,000 - 1,750,000 664,116 - 1,085,884 99863 Pension Changes 200,000 - 200,000 4,290 - 195,710 99869 Health Prevention Program - 35,185 35,185 - - 35,185 99871 State Brownfields Redevelopment Acct 161,905 767 162,672 109,041 - 53,631 99872 Coordinated Child Care - Ross Norton 100,369 86,288 186,657 73,007 - 113,650 99873 Coordinated Child Care -No. Greenwood 100,369 121,372 221,741 85,816 - 135,925 99874 Reitrement Incentive Program 4,700,000 - 4,700,000 3,909,889 - 790,111 99875 Public Art Donations 27,500 - 27,500 27,500 - - 99889 Teen Club 4,258 - 4,258 3,895 - 363 99898 Fire Dept Honor Guard 16,979 - 16,979 16,218 - 761 99899 GASB 34 Implementation 238,000 - 238,000 103,809 2,529 131,662 99908 Police - Outside Duty 5,236,793 361,949 5,598,741 5,655,826 - (57,085) 99910 LibrarySpecialAccount 647,922 15,065 662,987 541,275 10,000 111,712 99925 Peg Access Support 838,261 - 838,261 740,576 8,275 89,410 99927 Emergency Operation 5,125,807 100 5,125,907 2,921,486 - 2,204,421 99928 Nagano Sister City Program 87,437 100 87,537 68,381 - 19,156 99950 IDB Fees 54,131 - 54,131 32,830 - 21,301 99962 Parks & Rec Gift Giving Pgm 1,368,110 - 1,368,110 1,348,761 - 19,349 99970 Tree Replacement Project 1,049,287 60,907 1,110,194 629,069 - 481,125 99982 EMS Incentive/Recognition 69,700 - 69,700 41,088 - 28,612 99983 Local Mitigation Strategy 50,000 - 50,000 49,951 - 49 99997 Main Library Field Trust 115,571 - 115,571 30,000 - 85,571 99998 SafetyVillage 28,766 - 28,766 21,716 - 7,050 Sub-Total 30,578,632 7,066,024 37,584,657 24,228,054 200,359 7,756,244 TOTAL ALL PROJECTS 46,265,428 7,957,074 48,276,443 34,678,976 7,777,405 72,468,669 45 Item # 2 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Revenues Allocation of Designated Reserves Expenditures Transfer to Capital Improvement Fund Attachment number 18 Page 1 of 1 City of Clearwater SPECIAL DEVELOPMENT FUND First Quarter FY 2010/11 I ncrease/ (Decrease) Description First quarter amendments reflect the following: 1) an allocation of $168,599 in Recreation Land Impact Fees and $72,465 in Open Space Impact Fees to capital project 315-93132, Old Coachman Road Park, as 241,064 approved by the Council on October 21, 2010 $ 241,064 Net Revenue Amendments First Quarter expenditure amendments reflect a net reduction in Transfers to the Capital Improvement Fund by $5,490,006, amendments include the following: 1) an increase of $90 in Local Option Gas Tax to tie budgeted transfers with the adopted Capital Improvement Budget; 2) a transfer of $168,599 in Recreation Land Impact Fees and $72,465 in Open Space Impact Fees to capital project 315-93132, Old Coachman Road Park, as approved by the Council on October 21, 2010; 3) the return of $8,000,000 in Sales Tax Infrastructure revenues from project 315-92839, Downtown Intermodal Facility, the funding for this project has been reduced and moved out to FY14/15 with the restructure of Penny for Pinellas projects approved by Council on December 2, 2010; 4) a transfer of $1,093,840 in Sales Tax Infrastructure revenues to project 315-93621, N. Greenwood Recreation Center Renovation, as approved by Council with the restructure of Penny for Pinellas projects on December 2, 2010; 5) a transfer of $650,000 in Sales Tax Infrastructure revenues to project 315-93622, Joe DiMaggio Restroom/ Storage/Concession, as approved by Council with the restructure of Penny for Pinellas projects on December 2, 2010; and 6) a transfer of $525,000 in Sales Tax Infrastructure revenues to project 315-93412, City-wide Seawall Replacement, as approved by Council with the restructure of Penny for Pinellas projects on December (5,490,006) 2, 2010. $ (5,490,006) Net Expenditure Amendments 46 Item # 2 Attachment number 19 Page 1 of 2 SPECIAL REVENUE FUNDS First Quarter: October 1, 2010 - December 31, 2010 Original First Quarter Budget Amended Budget 2010/11 2010/11 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes Infrastructure Tax Interest Earnings Open Space Fees Recreation Facility Impact Fees Recreation Land Impact Fees Transportation Impact Local Option Gas Tax Allocation of Designated Reserves Allocation of Undesignated Reserves Transfer-In from Capital Improvement Plan Expenditures: Transfer to Capital Improvement Fund Road Millage Infrastructure Tax Recreation Facility Land Fees Open Space Impact Fees Transportation Impact fees Local Option Gas Tax Developer Contributions - Public Art Undesignated Special Development Debt Service on Penny for Pinellas Bonds 47 1, 864, 560 8,025,340 25,000 20,000 25,000 25,000 100,000 1,400,000 4,242,530 1, 864, 560 8,025,340 25,000 20,000 25,000 25,000 100,000 1,400,000 4,483,594 241,064 15,727,430 15,968,494 241,064 2,092,430 11,850,000 290,000 1,389,100 2,092,430 6,118,840 (5,731,160) 168,599 168,599 72,465 72,465 290,000 1, 389,190 90 15,621,530 10,131,524 (5,490,006) Item # 2 SPECIAL REVENUE FUNDS First Quarter: October 1, 2010 - December 31, 2010 Revenues: CDBG/Home Funds 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 Homeless Shelter Program Neighborhood Services Grants Transfers from Central Insurance Fund Expenditures: CDBG/Home Funds Planning Public Safety Community Development Social Services Marine Sister City Program City Manager's Flexibility Fund Special Event Funding Homeless Shelter Program Other Miscellaneous Programs Original Budget 2010/11 SPECIAL PROGRAM FUND 1,569,990 250,000 3,000 75,000 70,000 100,000 2,067,990 First Quarter Amended Budget 2010/11 1,569,990 274,143 474,899 6,172 675,108 15,743 245,271 16,955 63,187 2, 572 426,964 3, 000 75,000 70,000 100,000 4, 019, 004 Attachment number 19 Page 2 of 2 Amendments 24,143 474, 899 6,172 675,108 15,743 245,271 16,955 63,187 2, 572 426, 964 1,951,014 1,569,990 1,569,990 - 864,740 864,740 - 6,150 6,150 - 14,100 14,100 3,000 3,000 75,000 75,000 70,000 70,000 100,000 100,000 - 1,066,024 1,066,024 1,817,990 3,769,004 1,951,014 48 Item # 2 Attachment number 20 Page 1 of 3 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2010 / 11 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execuie change orders withoui 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 noi exceed 10% over Council approved amouni on a cumulative basis. 2. Change does noi change the scope of a project. 3. Price increases do noi require additional appropriation to the project. 4. Contract price decreases may be approved withoui limitation. 5. The time for completion may noi be extended by more than siYty (60) days, in any one change or cumulatively for the same project. �� 09/16/10 Administrative Change Order #4 — Downtown Boat Slips (06-0033-MA). This change order is for the purpose of increasing the contract amouni to provide for the repair of a damaged reclaimed water pipe, and an extension of eighieen (18) days. Misener Marine Construction, Inc. 100,000.00 10/06/10 Administrative Change Order #1 — Water Treatzneni Planis 1& 3 Welifield Expansion 2 Raw Water Mains (07-0037-U'1�. This change order is needed to increase pipe size and associated fittings and valves for Well 1-3 and Well 3-2, due to higher well pumping capacity than originally designed. Changes result in a net increase to the contract amouni Suncoast Development of Pinellas County, Inc. 120,278.77 10/07/10 Administrative Change Order #4 and fmal — 2009 Sidewalk Project (09-0039- EI�. This change order is for the purpose of adjusting line item quaniities as warranied by field conditions and adds unforeseen items needed to complete the contract resulting in a net decrease to the proj ect. Kilgore Construction, LLC (64,139.83) 10/27/10 Administrative Change Order #1 and fmal — Barrier Wall Installation for South Gulfview/Coronado Iniersection (10-0001-EI�. This change order is for the purpose of adjusting line item quaniities to those actually used in the field and to close oui the project resulting in a net decrease to the contract. Castco Construction, Inc. (806.90) 10/29/10 Administrative Change Order #5 — Lake Bellevue Branch 6A Siormwater Managemeni Project (03-0030-EI�. This change order increases and adds new items caused by unforeseen conditions. Caladesi Construction Company 49,721.20 ll/15/10 Administrative Change Order #1 and final — Lift Station #41 Rehabilitation Project (07-0009-U'1�. This change order to decrease unused coniingency, sales taY savings and Owner Direct Purchases (ODP), and to close oui the project TLC Diversi�ied, Inc. (98,035.74) 49 Item # 2 Attachment number 20 Page 2 of 3 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2010 / 11 ll/17/10 Administrative Change Order #2 and fmal — Alligator Creek Channel `F' Improvemenis Project (03-0028-EI�. This change order is needed to decrease unused items, increase and add items due to unforeseen conditions, and to close oui the project resulting in a net decrease to the contract amouni. Keystone Excavators, Inc. (130,644.00) ll/23/10 Administrative Change Order #1 and fmal — Marshall Street APCF Process Air System Upgrade Project (07-0003-U'1�. This change order is needed to adjust quaniities to those actually used in the field; add fifty-nine (59) days to the contract; and to close oui the project resulting in a net decrease to the contract amount. Westra Construction Corporation (1,691,504.35) 12/15/10 Administrative Change Order #1 — Morningside Traffic Calming Project (07- 0038-EI�. This change order is needed to decrease items for the poiable irrigation system and the crosswalk thermoplastic pattern and add items for the reclaimed water irrigation system, the revised crosswalk thermoplastic pattern and chevrons for the speed tables for Suininerlin Drive. R.A.M. Excavators, Inc. 95,128.54 12/22/10 Administrative Change Order #1 and fmal — Skycrest Reclaiined Water System— Contract 1: Booster Pump Station (07-0013-U'1�. This change order is needed to decrease contract by cost of materials purchased by the City (ODP items) including applicable sales taY as bid by the contractor, along with remaining contract bid item allowances, coniingencies and ARRA Funding Administration that were not uiilized and add items needed due to unforeseen conditions and add fifty-siY (56) calendar days to the contract. RTD Construction, inc. (528,11191) 12/22/10 Administrative Change Order #2 — WTP 1& 3 Welifield Expansion Project Phase 1— Well Installation (07-0037-U'1�. This change order is needed to delete the remaining scope of work for Well 3-3 and add the following: the abandonmeni of Well 3-3 and monitor wells, material purchased for Well 3-3, upsizing pump and piping at Well 3-2, electrical and site work at Well 79, and extra electrical work at Well 3-4 which result in a net increase to the project. Southeast Drilling Services, Inc. 42,743.85 O1/14/ll Administrative Change Order #1 — Chauiauqua/Coachman Ridge Reclaimed Water Project (07-0053-U'1�. This change order is needed to extend the reclaimed water system to serve the Long Cenier, McMullen Booth School, the Transfer Station and Renaissance Oaks Estates Subdivisions to maYimize the SWFWMD grani and add fifty-nine (59) days to the contract. Gregory Electric Company, Inc. 122,653.63 O1/28/ll Administrative Change Order #1 — 2010 Street Resurfacing Contract (10-0022- EI�. This change order is needed to provide paymeni to the contractor for additional work to restore nine (9) CSX Railroad crossings and a apportion of Countryside Blvd. Improvemenis. R.E. Purcell Construction Company, Inc. 147,387.50 so Item # 2 Attachment number 20 Page 3 of 3 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS First Quarter Review FY 2010 / 11 O1/26/ll Administrative Change Order #1 — Clearwater Beach Boat Ramp (06-0049-MA). This change order is needed to provide paymeni to the contractor for additional work to repair the existing seawall. Custom Built Marine Construction, Inc. 14,959.12 51 Item # 2 Attachment number 21 Page 1 of 1 ORDINANCE NO. 8248-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011 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, CLEARWATER HARBOR MARINA 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, 2011, for operating purposes, including debt service, was adopted by Ordinance No. 8216-10; and WHEREAS, at the First Quarter Review it was found that an increase of $6,231,187 is necessary for revenues and an decrease of $326,762 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. 8216-10 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate 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 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 # 2 o i o. -11 Attachment number 22 Page 1 of 2 EXHIBIT A General Fund: Property Taxes Franchise Fees Utility Taxes Licenses, Permits & Fees Sales Tax Communications Services Tax Intergovernmental Revenues Charges for Current Services Fines & Forfeitures Interest Income Miscellaneous Interfund Charges / Transfers In Transfer from Surplus 2010-11 BUDGET REVENUE First Quarter Original Amended Budget Budget 2010/11 2010/11 Amendments 37,271,490 10,575,000 12,858,380 3,615,000 5,150,000 6,610,160 11,242,160 3,814,050 688,800 1,240,000 809,000 16,926,050 670,260 37,271,490 10,575,000 12,858,380 3,615,000 5,150,000 6,610,160 11,246,885 3,814,050 688,800 1,240,000 809,740 16,926,050 3,106,561 4,725 740 2,436,301 Total, General Fund 111,470,350 113,912,116 2,441,766 Special Revenue Funds: Special Development Fund Special Program Fund Local Housing Asst Trust Fund Utility & Other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Airpark Fund Marine Fund Clearwater Harbor Marina Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 15,727,430 2,067,990 63,870,330 15,348,250 19,037,120 40,163,760 2,864,150 240,250 4,439,280 412,850 4,990,380 59,850 9,331,920 4,811,930 12,145,510 18,503,470 15,968,494 4,019,004 64,129,612 15,351,650 19,047,020 40,169,560 2,980,569 341,807 4,440,580 413,250 5,109,365 28,850 9,335,620 4,815,930 12,249,110 19,403,470 241,064 1,951,014 259,282 3,400 9,900 5,800 116,419 101, 557 1,300 400 118, 985 (31,000) 3,700 4,000 103,600 900,000 Total, All Funds 325,484,820 331,716,007 6,231,187 Ordinance #8248-11 53 Item # 2 Attachment number 22 Page 2 of 2 EXHIBIT A (Continued) 2010-11 BUDGET EXPENDITURES General Fund: City Council City Manager's Office City Attorney's Office City Auditor's Office Economic Development & Housing Svc Engineering Finance Fire Human Resources Library Marine & Aviation Non-Departmental Office of Management & Budget Official Records & Legislative Svcs Parks & Recreation Planning & Development Police Public Communications Public Services Allocation to Reserves Original Budget 2010/11 280,450 1,204,940 1,538,740 185,080 1,347,210 7,283,430 2,180,180 22,406,590 1,052,110 5,718,790 540,540 3,254,400 289,500 962,750 19,006,070 4,461,860 36,371,290 950,320 2,436,100 First Quarter Amended Budget 2010/11 280,450 1,204,940 1,538,740 185,080 1,347,310 7,287,030 2,180,780 22,407,090 1,052,110 5,723,990 541,040 3,254,400 289,500 963,150 19,121,435 4,465,260 36,384,255 950,420 2,438,200 2,296,936 Amendments 100 3,600 600 500 5,200 500 400 115, 365 3,400 12,965 100 2,100 2,296,936 Total, General Fund 111,470,350 113,912,116 2,441,766 Special Revenue Funds: Special Development Fund Special Program Fund Local Housing Asst Trust Fund Utility & Other Enterprise Funds: Water & Sewer Fund Stormwater Utility Fund Solid Waste Fund Gas Fund Recycling Fund Airpark Fund Marine Fund Clearwater Harbor Marina Parking Fund Harborview Center Fund Internal Service Funds: Administrative Services Fund General Services Fund Garage Fund Central Insurance Fund 15,621,530 1,817,990 63,870,330 14,496,950 17,963,990 34,886,010 2,864,150 188,560 4,414,770 410,760 4,463,390 59,850 9,130,020 4,811,930 12,138,430 17,483,090 10,131,524 3,769,004 64,129,612 14,500,350 17,761,530 34,891,810 2,866,050 290,117 4,416,070 411,160 4,582,375 28,850 9,133,720 4,815,930 12,242,030 17,883,090 (5,490,006) 1,951,014 259,282 3,400 (202,460) 5,800 1,900 101, 557 1,300 400 118, 985 (31,000) 3,700 4,000 103,600 400,000 Total, All Funds 316,092,100 315,765,338 (326,762) Ordinance #8248-11 � Item # 2 Attachment number 23 Page 1 of 1 ORDINANCE NO. 8249-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2011, TO REFLECT A NET INCREASE OF $3,012,303.32, PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2011 was adopted by Ordinance No. 8217-10; 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. 8217-10 is amended to read: Pursuant to the First Quarter Amended Capital Improvement Program Report and Estimated Budget 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 First Quarter Amended budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Attest: Pamela K. Akin City Attorney ... . Rosemarie Call City Clerk Item # 2 Ordinance No. 8249-11 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11 Fire Protection Major Street Maintenance Intersections Sidewalks & Bike Trails Parking Miscellaneous Engineering Land Acquisition Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Original Budget 2010/11 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 First Qtr Amended Budget 2010/11 1,464,410 5,376,704 435,000 361,673 300,000 35,000 330,000 7,697,340 861,285 516, 788 635, 310 2,951,600 204,500 840,000 4,437,764 3,207,445 415,000 24,000 6,178,981 19,489,113 Amendments 443,620 2,060,084 361,673 (8,000,000) 330,000 3,091,840 641,285 506,788 (191,686) 507,445 (28,019) 3,289,273 TOTAL 52,749,610 55,761,913 3,012,303 Attachment number 24 Page 1 of 3 Item # 2 56 Ordinance # 8249-11 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11 GENERAL SOURCES: General Operating Revenue General Revenue/County Co-op Road Millage Penny for Pinellas Transportation Impact Fee Local Option Gas Tax Recreation Land Impact Fee Open Space Impact Fee Special Program Fund Grants - Other Agencies Other Governmental Property Owner's Share Community Redevelopment Agency Insurance Proceeds SELF SUPPORTING FUNDS: Marine Revenue Clearwater Harbor Marina Revenue Airpark Revenue Parking Revenue Utility System: Water Impact Fees Sewer Impact Fees Utility R&R Water Revenue Sewer Revenue Stormwater Utility Revenue Gas Revenue Solid Waste Revenue Grants - Other Agencies INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue Central Insurance Fund BORROWING - GENERAL SOURCES: Lease Purchase - General Fund Original Budget 2010/11 1,630,040 635, 310 2,092,430 11,850,000 290,000 1,389,190 25,000 200,000 80,000 15,000 10,000 310,000 250,000 500,000 2,677,600 6,020,070 2,666,600 4,331,450 2,700,000 415,000 First Qtr Amended Budget 2010/11 3,066,976 635, 310 2,092,430 6,118,840 290,000 1,389,190 168,599 72,465 25,000 200,000 3,706,898 41,945 2,299,927 49,399 80,000 15,000 111,357 426,285 250,000 500,000 2,677,600 6,020,070 2,666,600 4,331,450 2,700,000 415,000 855,431 40,000 40,000 350,000 350,000 (500,000) 645,750 1,039,971 57 Amendments 1,436,936 (5,731,160) 168,599 72,465 3,706,898 41,945 2,299,927 49,399 101, 357 116,285 855,431 (500,000) 394,221 Attachment number 24 Page 2 of 3 Item # 2 Ordinance # 8249-11 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2010/11 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Stormwater Bond Issue - Water & Sewer BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services Original Budget 2010/11 94,770 300,000 10,219,800 2,611,600 400,000 First Qtr Amended Budget 2010/11 94,770 300,000 10,219,800 2,611,600 400,000 Amendments TOTAL ALL FUNDING SOURCES: 52,749,610 55,761,913 3,012,303 Attachment number 24 Page 3 of 3 Item # 2 58 Ordinance # 8249-11 Work Session Council Chambers - City Hall Meeting Date:3/15/2011 SUBJECT / RECOMMENDATION: Ratify and confirm settlement of the liability claim of C X Industries of Virginia LLC, landlord to Intolan Computers, in an amount not to exceed $41,000. (consent) SUMMARY: On January 19, 2011, a sanitary sewer backed up into Intolan Computers, a business located at 2596 Nursery Road. Emergency clean-up was immediately initiated, but flooring, carpets and drywall were affected. Remediation is anticipated to cost no more than $41,000. The City's limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City's Risk Management Division and City's Claims Committee recommend this settlement. Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $41,000 $41,000 10/1/2010 to 9/30/2011 Budget Adjustment: Annual Operating Cost: Total Cost: None $41,000 Appropriation Code Amount Appropriation Comment 590-07000-545900-519- $41,000 000. Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Office of Management and Approval: Budget 5) Lega16) Clerk 7) Assistant City Manager 8) City Manager 9) Clerk Cover Memo Item # 3 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve the purchase of property and equipment breakdown insurance from April 1, 2011 to April 1, 2012, at the level of insurance provided for in this agenda item, at amount not to exceed $1,850,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Risk Management Division of the Finance Department has requested Arthur J. Gallagher and Co. (Florida) to obtain quotes for the property insurance program expiring April 1, 2011. Risk Management is recommending a$45 million limit with a$45 million or $30 million Flood sub-limit (depending on property location). The self-insured retention (SIR) would remain at $100,000 per occurrence, with a 5% or $500,000 SIR (whichever is greater) for named storms. Additionally, Risk Management is recommending a stand-alone policy to insure Brighthouse Field in the amount of $27 million, at an annual premium of approximately $104,374. This program would incorporate a$75,000 self-insured retention for All Other Perils and a$1.2 million self-insured retention for named storms. The total property insurance premium, including the layered premium total of $1,673,019, and the Brighthouse Field premium of $104,374, is estimated at $1,777,393. Additionally, Risk Management recommends that the City renew its Equipment Breakdown policy with Travelers at a premium of $11,286. Finally, the requested $1,850,000 includes a contingency of $61,321 for increased properties throughout the year. This insurance coverage as recommended has several enhancements to last year's program. The Property limit on the layered program has been increased to $45 million from $35 million. The Flood sub-limit on the layered program has been increased to $45 million from $30 million (for certain properties). An additional $27 million in capacity for a stand-alone policy for Brighthouse Field. The primary layer of insurance has remained with the same carriers, although the amount in the primary layer has changed from $20 million to $10 million. Some of the carriers in subsequent layers have changed. Risk Management believes that should the coverage as recommended be placed, the City's property risks are covered at levels and rates which, when taken together as a whole, represent a reasonable insurance program for the City. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,850,000 Not to Exceed: For Fiscal Year: Appropriation Code $1,850,000 2011 to 2012 Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment None $1,850,000 Cover Memo 590-07000-545100-519-000 $1,850,000 Item # 4 Review 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City ApprovaL• Manager 7) Clerk Property Insurance Program 4/1/11-4/1/12 Attachment number 1 No Insurance Total Insured Va1ue $561M United NationaUCompanion Specialty/Maxum Indemnity $15M XS $30M $241,356 Premium (Including Fees & Assessments) Alterra Excess/Ironshore $ l OM XS $20M $291,163 Premium (Including Fees & Assessments) Arch Specialty/James River $ l OM XS $ l OM $370,242 Premium (Including Fees & Assessments) Landmark American Insurance Co/Lexington Ins. Co. $ l OM Primary $770,258 Premium (Including Fees & Assessments) $100,000 All Other Perils 5% with minimum of $500,000 Named Storm No Insurance �45Million �30 Million �20 Million � 10 Million Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve co-sponsorship and waiver of requested city fees and service charges for Fiscal Year 2011/2012 special events, including three annual City events and ten City co-sponsored events, at an estimated General Fund cost of $370,140 ($29,300 cash contributions and $340,840 in-kind contributions) and Enterprise Fund cost and fee waiver of $73,230 for the purposes of departmental budget submittals. (consent) SUMMARY: According to City Council Policy, Item M, Special Event Fees, there shall be an annual review of city sponsoredlco- sponsored events during the budget process. An agenda item approving co-sponsorship and level of support for these events will be brought before the City Council at the beginning of the budget process each fiscal year. In the event additional money is requested beyond what is included in the approved budget, City Council approval will be needed. The chart shows the recommended level of cash and in-kind contributions to be included in the various departmental budgets for Fiscal Year 2011/2012 for city sponsored and co-sponsored special events. In addition, there is a list of 37 additional special events requiring some type of in-kind support from the Parks and Recreation Special Events Division during Fiscal Year 2011/2012. Major decreases for Fiscal Year 2011/2012: 1. Clearwater Celebrates America — A decrease of $47,280 in costs is expected following efficiency cuts by Parks and Recreation, Police and Gas. Staff recommends securing a$40,000 sponsorship for the fireworks or cancelling the event. This item reflects securing the partnership. If funding is secured, the fireworks launch will continue from the west side of Memorial Causeway Bridge to alleviate additional funding needed for barge placement. 2. Ironman 5150 — With the transition from the Ironman 70.3 Triathlon, the 5150 race will require less support from the City. As a first-year event, expected costs will decrease by approximately $49,560; most of the decrease comes from Police and Parking. A future agenda item will come forward with a new agreement to Council. Increases for Fiscal Year 2011/2012: 1. Clearwater Veterans Alliance — This event is new to the Special Events process but not new to the City. The Clearwater Veterans Alliance has partnered with the City for several years to provide a Veterans Day event. In previous years, the City provided funding through Non-Dept. Budget Fund; $10,000 in cash and $4,680 of in-kind services to support the event. 2. Clearwater Beach Uncorked — This is a new event to be held at Clearwater Beach, inspired from the former Tampa Bay Wine and Food Festival in St. Petersburg. City costs are estimated at $11,690 for the third weekend in November. Cash Requests of $29,300 is the same as Fiscal Year 2010 contributions due to the inclusion of the Clearwater Veterans Alliance ($10,000) request. The requests by Clearwater Jazz Holiday ($14,550) and the Martin Luther King, Jr. Day March and Rally ($4,750) remain the same as Fiscal Year 2010. co�er Memo An increase of $2,080 in Enterprise Fund is due to the opening of the Clearwater Harbor Marina and ev��t�jp�cts to that operation. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: None for this fiscal year. Request for FY 2011/12 budget Current Year Cost: Not to Exceed: $443,370 For Fiscal Year: 2011 to 2012 Appropriation Code Various general fund codes Various enterprise fund codes Amount $370,140 $73,230 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Various general fund codes Various enterprise fund codes None $443,370 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 # 5 N � O N � � O N � LL L 0 � � � � � � � �.+ � � � � W N �.+ _ � i W � .� � '�^ V/ L � � � � � U � O � N '-� W � v`�, U ».' � > o 0 � Q � � � W � � y �; � 0 c+ m Z �; U T � Y I:�! �- , o; o z ';'; �i � W � N _ � N iW z a �, U � �: y �s N N � ;:: 3 �, �, �" c�� y in � °' �.�a a� a a� c" �' a��: N � � � � �S � _. O � E -O �: � � , N �mw� � � r � m � m a_ � �- -a � c3 N N a � � � in a � a� 3; �D��m� a '� �n LL W � �.QO� a � W m a�i � � i ' JU(7w(7�" � > � 0 J II OI Y R a otf � � � mber 1 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve the Third Amendment to the Community Sports Facility Use Agreement between the City of Clearwater, Florida and Phillies Florida, LLC providing for terms that will allow the Phillies to use property purchased by the City at 650 Old Coachman Road and authorize the appropriate officials to execute same. (consent) SUMMARY: On October 21, 2010, the City Council approved purchasing 1.83 acres of land at 650 Old Coachman Road, to be used for expanding future facilities for the City and Phillies. The Third Amendment to the Community Sports Facility Use Agreement between the City and Phillies will provide a framework for the use and maintenance of this property. The amendment will provide for the following: As to the City: provide self insurance for the real property; pay half the cost of property taxes and utilities to be billed to the City and paid for by the City. As to the Phillies: provide for personal property insurance; pay a utility surcharge of $13,000 per year for the remainder of the current agreement as a contribution towards the purchase of the property ($13,000 x 13 years-$169,000); pay a monthly fee of $1,000 to cover utilities, and share of City self insurance; provide day to day maintenance on property and building; provide any capital maintenance cost associated with the property i.e. air conditioner, roof, etc. and pay half the cost of property taxes. One other provision will allow for alterations and improvements to be made to the property by the Phillies with prior approval from the City, which will not be unduly withheld. Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 4 THIRD AMENDMENT TO SPORTS FACILITY USE AGREEMENT THIS Third Amendment (this "Amendment") to that certain Sports Facility Use Agreement dated December 31, 2000, as heretofore amended (the "Use Agreement"), is hereby made and entered into on March , 2011, and shall be effective as of January 1, 2011 ("Effective Date") between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida ("City") and PHILLIES FLORIDA LLC, a Delaware limited liability company ("Phillies Florida") (independently "Party" or collectively "Parties"). WHEREAS, the Parties have an established relationship and agreed-upon terms for the use of certain City-owned property in accordance with this and other related agreements which the Parties intend to enhance the economic, recreational and cultural benefits to the City and Pinellas County; and WHEREAS, more specifically, the Use Agreement provides for the use of that certain property known and therein defined as the "Sports Facility" for, among other things, Spring Training Season operations, training and player development activities of The Phillies, including those of its Major League Baseball club and its Minor League Affiliates; and WHEREAS, the Parties now wish to expand the property which is the subject of the Use Agreement by redefining the land area constituting the Sports Facility, provide for the terms of the use of the property, and for increased compensation to the City in line with such expansion as follows. NOW, THEREFORE, in consideration of the mutual covenants contained hereafter, the Use Agreement is hereby amended as follows: 1. The foregoing recitals are true and correct and are incorporated in and form a part of this Amendment. 2. The definitions set forth in Section 2 of the Use Agreement are amended and supplemented as follows: 2.22 The definition of "Improvements" shall be restated to read as follows: 2.22 "Improvements" means the Stadium, and all other improvements to real property now or hereafter located on the Primary Site, including without limitation, all improvements described in the Scope of Work and the Site Plan, and on the Phillies Complex. 2.315 A definition of "Phillies Complex" shall be added, to read as follows: 2.315 "Phillies Complex" shall mean that certain property legally described as: The east 660 feet of the South'/4 of the Northwest '/4 of the Southeast'/4 of Section 7, Township 29 South, Range 16 East, Pinellas Item # 6 as follows: Attachment number 1 Page 2 of 4 County, Florida; LESS road rights of way, LESS the South 210 feet thereof, commonly known as 650 Old Coachman Road, Clearwater, Florida, 33765 (attached hereto and incorporated herein as Exhibit "A"), together with all improvements and fixtures now or hereafter located thereon and together with all appurtenant rights. 2.33 The definition of "Phillies Exclusive Use Areas" shall be restated to read 2.33 "Phillies Exclusive Use Areas" means (a) the Office Space and any other spaces (such as the weight training rooms) identified as such in the Scope of Work and (b) the Phillies Complex. 2.45 The definition of "Sports Facility" shall be restated to read as follows: 2.45 "Sports Facility" means (a) the Site and all Improvements now or hereafter located on it as described in the Scope of Work and the Site Plan and (b) the Phillies Complex; in each case, together with all personal property used in connection therewith, other than personal property owned by Phillies Florida. 3. Section 5.5, Disaster Sta�in� Uses, of the Use Agreement shall be amended by adding the following sentence at its end: The provisions of this Section 5.5 shall not apply to the Phillies Complex. 4. Section 6, Use Fee, of the Use Agreement shall be restated to read as follows: Use Fee. From and after the Commencement Date, Phillies Florida shall pay, in arrears, a use fee to the City at a rate of $70,000 per calendar year during the Term, subject to adjustment pursuant to Section 6.1 (as so adjusted, the "Use Fee") and to offset pursuant to Section 6.2. Phillies Florida will also pay an additional annual use fee in the amount of $12,000 (the "Additional Fee"), in calendar years 2011 through 2022. The Use Fee for each calendar year during the Term shall be payable by March 31St of the following year. The Additional Fee for each calendar year to which it relates shall be payable by March 31st of the following year. 5. Section 8.2, Utilities, of the Use Agreement shall be amended by adding the following sentence at its end: Starting in 2011, Phillies Florida shall also pay, in arrears, a Spring Training utility surcharge in the amount of Thirteen Thousand Dollars ($13,000) annually for the remainder of the Term. Item # 6 Attachment number 1 Page 3 of 4 6. Section 9, Maintenance and Repair of the Sports Facility, of the Use Agreement shall be amended by adding the following new Section 9.9: 9.9. Maintenance of Phillies Complex. The provisions of Section 9.1 through 9.7 of this Agreement shall not apply to the Phillies Complex. The City shall not have any obligation to provide maintenance, repairs, restorations, refurbishments and replacements, whether interior or exterior, structural or non-structural, routine or extraordinary, ordinary or capital in nature, for the Phillies Complex. Phillies Florida shall be entirely responsible for such maintenance. 7. A new Section 14.4 shall be added to the Use Agreement to read in full as follows: 14.4 Phillies Complex. Notwithstanding the foregoing provisions of this Section 14, in the event of damage to or destruction of all or a substantial part of the Phillies Complex, the parties shall promptly and in good faith determine whether to (i) repair or replace the then existing improvements or (ii) construct different improvements or (iii) terminate this Agreement as it relates to the Phillies Complex, effective as of the date of the casualty. If either of the options in clause (i) or (ii) is agreed upon, Phillies Florida shall promptly and diligently effect the necessary work and shall be entitled to all related insurance proceeds. If clause (iii) is agreed upon, the City shall be entitled to such proceeds. 8. A new Section 15.5 shall be added to the Use Agreement to read in full as follows: 15.5 Phillies Complex. Notwithstanding the foregoing provisions of this Section 15, in the event of any condemnation of all or a substantial part of the Phillies Complex, the parties shall promptly and in good faith determine whether to (i) repair or replace the then existing improvements or (ii) construct different improvements or (iii) terminate this Agreement as it relates to the Phillies Complex, effective as of the date that the condemning authority takes title or possession. If either of the options in clause (i) or (ii) is agreed upon, Phillies Florida shall promptly and diligently effect the necessary work and shall be entitled to the portion of the condemnation award that represents compensation for the taking of the improvements, which shall not exceed the actual cost of the repairs or replacement effectuated by the Phillies under (i) or (ii). Any condemnation award in excess of the repair or replacement costs shall be awarded to the City. If clause (iii) is agreed upon, the City shall be entitled to the entire award. Item # 6 Attachment number 1 Page 4 of 4 9. All of the terms and conditions of the Use Agreement which are not expressly amended or added herein shall continue in full force and effect, and are incorporated herein by reference as if set forth in full. IN WTTNESS WHEREOF, the Parties have executed this Amendment the day and year first above written. Countersigned: Frank V. Hibbard Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney PHILLIES FLORIDA LLC By: The Phillies, its sole member I� David P. Montgomery General Partner, President & CEO CITY OF CLEARWATER, FLORIDA : William B. Horne, II City Manager Attest: Rosemarie Call City Clerk Item # 6 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Ratify and Confirm Change Order 2 and Final to Custom Built Marine Construction, Inc. of Stewart, Florida for the Clearwater Beach Boat Ramp Project (06-0049-MA) in the amount of $19,615.35 for a revised contract amount of $191,070.37 and extend the contract 67 days. (consent) SUMMARY: Council awarded a construction contract on June 17, 2010 in the amount of $156,495.90 to Custom Built Marine Construction, Inc. for the Clearwater Beach Boat Ramp Project (06-0049-MA). The additional costs on this project relate to the stabilization of the seawall adjacent to the ramp. Change Order 1 in the amount of $14,959.12 was approved by the City Manager on February 7, 2011 for replacement of deteriorated tie-back anchors on the existing seawall. Change Order 2 in the amount of $19,615.35 is for the resetting and repair of the seawall north and south of the ramp, replacement of additional seawall cap, railing and sidewalk, and the maintenance/stabilization of the seawall during construction. The City received a Florida Boating Improvement Program (FBIP) grant not to exceed 75% of project costs including design, construction, and inspection/ project management services for maximum reimbursement of $565,699 from the Florida Fish and Wildlife Conservation Commission. The City's 25% share of project costs were estimated at $108,000. Due to the low bid amount of the construction contract, the City has allocated fewer funds than originally anticipated. The Marina Department shall own and maintain the proposed improvements included in this contract. Sufficient budget and revenue is available in Capital Improvement Program project 0315-93408, Beach Rec Center Boat Ramp Replacement. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $19,615.35 Not to Exceed: For Fiscal Year: $19,615.35 2010 to 2011 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Code Amount Appropriation Comment None $19,615.35 Cover Memo Item # 7 0315-93408-563800-575- $19,615.35 See summary section 000-0000 Bid Required?: Other Bid / Contract: Review Approval: I� Bid Number: Bid Exceptions: None Cover Memo Item # 7 RATIFY & CONFIRM CHANGE ORDER #2 & FINAL PROJECT: Clearwater Beach Boat Ramp CONTRACTOR: Custom Built Marine Construction, Inc. 1321 SE Decker Avenue Stewart, FL 34994 Date: Attachment number 1 Page 1 of 2 Februarv 24, 2011 PROJECT NUMBER: 06-0049-MA PO REFERENCE NO.: ST 106588 COUNCIL AWARD: June 17, 2010 DATE OF CONTRACT: Julv 9, 2010 CODE: 0315-93408-563800-575-000-0000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Additional wark to maintain and repair the e�sting seawall during construction and extend contract 67 days. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: ORIGINAL CONTRACT AMOUNT $156,495.90 Custom Built Marine Construction, Inc. CO #1 - CM Approved 2/7/11 $14,959.12 CO #2 - CC Approved 3/17/11 $19,615.35 NEW CONTRACT AMOUNT $191,070.37 Frank Hibbard, Mayor Camilo Soto, ATTEST: Rosemarie Call, Date: Assistant City Attorney CITY OF CLEARWATER, in PINELLAS COUNTY, FL City Clerk William B. Horne, II City Manager By: (SEAL) Dave Corrigan Vice President Date: Witnesses: Recommended By: City of Clearwater Tara L. Kivett, Project Manager Michael D. Quillen, P.E. Engineering Director Item # 7 Page 2 of 2 Ratify & Confirm Change Order #2 and Final Re: Clearwater Beach Boat Ramp (06-0049-MA) 1TEM DESCRIPTION QUANTITY UN1T UNIT COST �� o 6 Place & Compact #57 - crushed 10.35 TN $135.00 concrete base and stabilize bedding (truck measure) 14 Contingency 1.00 LS $14,226.90 lncreases• 9 Pour-in-place 6" new concrete ramps, 0.4 including 1/2: expansion joints, thickened edges, and two concrete closures Additions: 19 South seawall tie-back, sidewalk and cap 20 Railing 1 LS $1,380.00 $1,380.00 21 Seawall Maintenance 1 LS $17,500.00 $17,500.00 Total additions: $35,059.50 Total net ��€°� � ��increases/additions: $19,615.35 1 Total ��€°� � �� s�: CY $450.00 Total increases: LS $16,179.50 Attachment number 1 Page 2 of 2 TOTAL COST ��a�M:��;��e-�:°�� {�a �-�M;�;��>e�;�� 5� ��o� �� $180.00 $180.00 $16,179.50 Item # 7 Attachment number 2 � Clearwater U Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph:(727)562-4750, Fax:(727)526-4755 www. MyC learwater. com Location of Clearwater Beach Boat Ramp, 75 Bay Esplanade, Project # 06-0049-MA Map Gen By: JHH I Reviewed By: TK I Date: 5/28/2010 I Grid #: 258A I Page #: 1 N W E Il # 7 S Scale: 1" =114 mile Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve a 5-year Management Agreement with Robert E. and Patricia A. Smith to oversee 426 acres, more or less, of city-owned agricultural lands in Sections 19 and 20, Township 27 South, Range 16 East, Hillsborough County, Florida, in consideration of fulfilling the undertakings, promises and agreements contained therein, and authorize the appropriate officials to execute same. (consent) SUMMARY: In October 1983, the City first acquired a parcel of land in Hillsborough County that would eventually tota1900 acres of agricultural lands targeted for disposal and dispersal of sludge from the city's wastewater treatment facilities. Robert and Patricia Smith of Odessa, at that time operating as E. Palomino Dairy, Inc., already managing 65 acres of undeveloped land at the City's Northwest Treatment Facility, were contracted to manage the initial city acquisition in Hillsborough in exchange for being able to harvest a winter oats crop for cattle feed. Over the years, the City purchased additional lands and entered into a series of management agreements that expanded the Smith's responsibilities to include land management, security, and the practice of best agriculturalland management to maintain the lands as fertile agricultural greenbelt. In exchange for management services, the Smiths were permitted to utilize the lands for raising beef cattle as well as growing and harvesting hay and other crops. The City's Hillsborough Sludge Farm is now approximately 426 acres following sales of various portions over the years. When the Army Corps of Engineers (COE) proceeds with removal of sediments from Stevenson Creek, approximately 100,000 cubic yards will be deposited and dispersed over 25 acres of Sludge Farm lands allocated and crossed fenced for that purpose. The Smiths will fully cooperate and coordinate with the COE and its contractor in that process in addition to their other management duties. The subject Management Agreement will commence on March 29, 2011 and extend until March 28, 2016. Either party may terminate the agreement at any time upon providing the other party 90 days notice. The City also has the privilege of terminating the agreement upon providing the Manager 60 days notice in the event the City determines at a duly constituted Council meeting that the lands are needed or any other purpose consistent with the City Charter. 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J �`�4' 4N�' � �. l��°�� r��f�'`.��. �v` 4�J��PPa:i�.��,��a£k��iL �a10��a��a��r��l�r��r�r� ir°��.rr�� F"a�� tL��a�'t�'�.'�`�r�i��'��.p�.;�G�T�„��.��1`��i'��C+�I'��-�_Ev��` ��r�"��•�.�� 1��.�fi�� t@Ill �$ $ '��l��' �l�!'��'�� ° ��r��r�� -�� , �� r��c��; �..,�.�� `�. �a�� r��i �� t� ��u: �..�� i��o„�� ,��i��t �gt�,� ��s��r��' Attachment number 1 Page 5 of 6 ��µ"�' �� ,��,��,r`��,m�� 9�� , 1� ��°� ��r�� a°��r�� 1� �� 9�� ° sR�.k��l�+w��t�:rtir'°,f�;7�t�� r��.�lt�+�i�� :r��ti��'�iiit'p��€��v�rs�l��s��r� &n��t��°�� .ti�_�'��,e��r�i`t��at.l� a�.� P �"�� E'i p�l-�-�-�_ �v�C.�� ° �«t.3��e;Ee ��'9 fi�'9j tit`�� t@Ill �$ $ ��.�� ; ��,��,.�'��,�,�� u�� `��`; �r�Y��`��`g��'��, ,, ; � , �: ;;;, S � °r i �., ! �. � . � �� ', �:, , ' , �, r �� r, 4 : .. 3r Attachment number 1 Page 6 of 6 �, � T �� _ t, � � � o-; �.9,'� � r��"� � ,� �� ; M� :��` ��k�� Item # 8 Attachment number 2 � Clearwater Hillsborough County �� N � Sludge Farm Patterson Road W E Preparedby: T�IIIp�, FL 33556 Engineering Department Item # 8 GeogrephicTechnology Division S 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Faz: (727)526-4755 Map Gen By: CD Reviewed By: EB Date: 02/10/2011 Scale: N.T.S. w. MyC learwater.com Attachment number 3 Page 1 of 1 a. Upon reasonable notice by City, Manager will conduct tours of the property for City representatives and its invitees. 2. INSURANCE: During the term of this Agreement Manager shall obtain and maintain a policy, or policies, of insurance as follows: a. General Liability Insurance that shall provide coverage on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury, personal injury and property damage that could arise directly or indirectly from the performance and operation of this Agreement. The minimum limits of coverage shall be $500,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage. The City shall be included and identified as an Additional Insured under the policy, or policies, and on the Certificate(s) of Insurance. b. The insurance coverages and conditions afforded by these policies shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office. c. All insurance policies required within this provision shall provide full coverage from the first dollar of exposure unless stipulated. No deductibles will be accepted other an as stipulated herein. d. Certificates of Insurance meeting the specific required insurance provisions specified herein shall be forwarded to the City's Risk Management Office and approved prior to Agreement commencement. After review, the Certificate(s) will be files as part of the official Agreement file. 3. TERMINATION: a. Either party may terminate this Agreement at any time where good cause exists upon providing ninety (90) days Notice to the other party. b. In the event the City determines at a duly constituted City Council meeting that the subject lands are needed for any other purpose consistent with the City charter, and serves Manager with sixty (60) days Notice of such intended use, this Agreement shall terminate in its entirety. 4. NOTICE: Notice to the City of Clearwater whenever required under the terms of this Agreement shall be as follows: Item # 8 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Ratify and confirm R.A.M. Excavating, Inc., of Palm Harbor, Fl, construction contract for Morningside Neighborhood Traffic Calming project (07-0008-EN) adding 125 calendar days to the contract and approve a supplemental work order to Engineer of Record (EOR) PBS and J of Tampa, FL, for additional Construction Engineering and Inspection (CEI) services increasing the work order amount by $70,886.38 for a new work order total of $169,705.18. (consent) SUMMARY: March 18, 2010, City Council awarded a contract to R.A.M. Excavating, Inc., of Palm Harbor, Fl for the construction of Morningside Neighborhood Traffic Calming project (047-0008-EN) in the amount of $1,399,790.70 to be completed by February 22, 2011. December 22, 2010, City Manager approved Change Order 1 to increase costs by $95,128.54 for the installation of reclaimed water irrigation system for landscaping for a new contract value of $1,494,919.24. Due to unanticipated utility conflicts (mostly buried) - replacement of water main facilities at two mini roundabouts, discovery of three different under-drain systems at Harn Boulevard and Claiborne Drive, replacement of SOO linear feet of water main at Harn Boulevard and Stewart Boulevard, and addition of reclaimed water irrigation for landscaping - a time extension of 125 calendar days is necessary for the construction contract. January 12, 2010, City Manager approved a work order to EOR PBS&J for CEI Services for the Morningside Traffic Calming Project (07-0038-EN) in the amount of $98,818.80. Due to delays of the construction, CEI services require an extension of 125 calendar days, while allowing the contractor time to complete the project at a cost of $70,886.38. It is expected that this amount will be sufficient to complete the project, handle any further utility conflicts, and complete implementation of the reclaimed water irrigation system. Sufficient budget and funding is available in Capital Improvement Program project 0315-92259, Traffic Calming to the supplemental Work Order. Type: Capital expenditure Current Year Budget?: None Budget Adjustment Comments: See sumamry Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code $70,886.38 $70,886.38 2010 to 2011 Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Yes $0.00 $70,886.38 Cover Memo Item # 9 0315-92259-561200-541- 000-0000 Bid Required?: No $70,886.38 See summary Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City ApprovaL• Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 9 Ratify & Confirm Change Order # 2 PROJECT: Morningside Traffic Calming CONTRACTOR: R.A.M Excavating, Inc. 569 Hammock Drive Palm Harbor, FL 34683 Attachment number 1 Page 1 of 1 DATE: Februarv 14, 2011 PROJECT NUMBER: 07-0038-EN PO REFERENCE NO.: ST106342 COUNCIL AWARD: 3/18/2010 DATE OF CONTRACT: 4/2/2010 CODE: 0315-92259-563700-541-000-0000 A 0315-96124-563700-539-000-0000 B SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Due to unanticipated utility conflicts (mostly buried) - replacement of water main facilities at two mini roundabouts, discovery of three different under- drain systems at Harn and Claiborne, replacement of SOO linear feet of water main at Harn and Stewart, and addition of reclaimed water irrigation for landscaping - a time extension of 125 calendar days is necessary for the construction contract. STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT CO# 1- Admin - 12/22/2010 CO #2-RatifyConfirm - CC - 3/17/2011 NEW CONTRACT AMOUNT Frank Hibbard, Mayor ATTEST Rosemarie Call, City Clerk Date CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne, II City Manager APPROVED AS TO FORM: Camillo Soto Assistant City Attorney $ 1,399,790.70 $ 95,128.54 $ - $ 1,494,919.24 ACCEPTED BY: By: (Seal) Date: Witnesses: Recommended By: City of Clearwater Paul Bertels, Project Manager Michael D. Quillen, P.E. City Engineer Item # 9 Attachment number 2 Page 1 of 3 r� �� PBS&J SUPPLEMENTAL WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: January 17, 2011 CityProjectNumber: 07-0038-EN PROJECT TITLE: Morningside Traffic Calming Project — CEI Services Supplemental # 1 2. SCOPE OF SERVICES: The Morningside Traffic Calming Proj ect design is 100% complete. For the Construction Engineering and Inspection Services (CEI), the consultant is requested to provide the following. Provide CEI services during the construction phase of the proj ect. CEI services will include, but not be limited to, observation of construction procedures to ensure compliance of construction with the permitted drawings, specifications, applicable codes and permit conditions, monitor federal reporting requirements (if required), review shop drawings, and respond to RFIs. Documentation and photographs of daily construction events will be provided. 2. Provide utility coordination for the project. 3. Interface with the design firm providing continuing services during construction, provide daily inspection report forms via email, and interface with the public — answer questions regarding construction issues and take action as necessary. 4. Review contractor payment applications and make recommendation for payment. 5. Review and provide recommendations for added work and change orders. 6. Chair construction progress meetings as well as prepare and distribute agendas/minutes of the meetings. 7. Witness materials testing as allotted onsite hours permit and review all test reports. 8. Generate punch lists, be available for final projectwalk-through, and review contractor- submitted as-builts for accuracy and completeness. 1 of 3 Item # 9 r� �� 3. PROJECT GOALS: Attachment number 2 Page 2 of 3 Consultant will provide qualified CEI representation during construction. CEI staff will monitor, inspect and document compliance of construction with the approved proj ect drawings and specifications. CEI will provide documentation of compliance in accordance with the proj ect ARRA requirements, if applicable. The proj ect goal is to confirm that the City's intent, as delineated by the project drawings and specifications, is realized in the completed project. 4. BUDGET: The proposed Addendum # 1 budget includes all labor and expenses anticipated to be incurred by PBS&J for the completion of these tasks, on a time and material basis, with an estimated fee of $70,886.38. Services will be provided on a time and material basis utilizing the funds for the project budget. This work order will not be exceeded without prior authorization from the City. 5. SCHEDULE: The Morningside Traffic Calming Proj ect currently has a scheduled completion date of 5-20-2011. The Consultant will provide services as authorized by the City and as required by the contractor's construction schedule. 6. STAFF ASSIGNMENT (PBS&�: Proposed CEI inspection staff to be determined at a later date. Steve McCarty will serve as the Proj ect Administrator and Point of Contact to the City. 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to John Criss and/ or Steve McCarty as Project Administrator. All City project correspondence shall be directed to Paul Bertels, Project Manager — City Traffic Operations. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Engineering, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to requirement of City Engineer, Mike Quillen. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0315-92259-561200-541-000-0000 2 of 3 Item # 9 PREPARED BY: Ben Doan, VP Sr. Practice Manager, VP PBS&J January 17, 2011 Date r� �� 3 of 3 APPROVED BY: Michael D. Quillen, PE City Engineer City of Clearwater Date Attachment number 2 Page 3 of 3 Item # 9 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Authorize an agreement with CSX Transportation, Inc., for installation of one (1) 12-inch reclaimed water main in the CSX right-of- way as part of the Skycrest Reclaimed Water Project - CSX and Keene Road Jack and Bore; approve Fipeline Crossing Agreement CSX-662702; authorize the appropriate officials to execute same and adopt Resolution 11-08. SUMMARY: A work order for consultant services was approved on April 29, 2010 for design, preparation of construction plans, and permitting for the Skycrest Reclaimed Water Project (L695) - CSX and Keene Road Jack and Bore, which is included as part of the first amendment to the cooperative funding agreement between SWFWMD (Southwest Florida Water Management District) and the City of Clearwater approved by the City on November 4, 2010. The 12-inch reclaimed water main crossing is along Keene Road under the CSX railroad, which will allow for future expansions of the existing reclaimed water system to the Clearwater residents and business on the northern side on CSX Right-of-Way. CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. The cost to the City will be $500 for a license fee, $375 for General Liability Insurance Surcharge, $750 for railroad protective liability insurance, and $150.00 for a project coordination fee for a total cost of $1,775.00. Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96739, Reclaimed Water Distribution System. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,775.00 Not to Exceed: For Fiscal Year: Appropriation Code 0376-96739-563800-533- 000-0000 Bid Required?: $1,775.00 2010 to 2011 I� Amount $1,775.00 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment see summary section Bid Number: None $1,775.00 Other Bid / Contract: Bid Exceptions: None Cover Memo Review 1) Office of Management and Budget 2) Engineering 3) Office of Management and Budget 4) Legal ��Cmer� �)�ssistant City ApprovaL• Manager 7) Clerk 8) City Manager 9) Clerk Attachment number 1 Page 1 of 1 RESOLUTION NO. 11-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ONE "AGREEMENT" WITH CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF A 12" RECLAIMED WATER MAIN IN THE CSX RIGHT-OF- WAY AS PART OF THE SKYCREST RECLAIMED WATER PROJECT — CSX AND KEENE ROAD JACK & BORE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater will be installing a pipeline across the CSX right-of-way within the Keene Road Right-of-Way as part of the Skycrest Reclaimed Water Project — CSX and Keene Road Jack & Bore; and WHEREAS, appropriate agreements have been prepared; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreements between the City and CSX Transportation, Inc., identified as Pipeline Crossing Agreement No. CSX- 662702. Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the Agreements described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie Dougall-Sides Assistant City Attorney day of , 2011. Frank V. Hibbard Mayor-Council Member Attest: Rosemarie Call City Clerk Resolution Ntel'i11�810 Attachment number 2 Page 1 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, made and effective as of February 3, 2011, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 S Myrtle Avenue, Room 220, Clearwater, Florida 33756, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): 1. One (1) twelve inch (12") diameter sub-grade pipeline crossing, solely for the conveyance of reclaimed/non-potable water, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division, Clearwater Subdivision, Milepost SY-871.75, hereinafter, collectively, called the "Encroachment," as shown on print(s) labeled Exhibit "B," attached hereto and made a part hereof; other details and data pertaining to said Facilities being as indicated on Exhibit "A," also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon terminatlon. 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached Facility Application Form and plan(s). Page 1 of 15 � Item # 10 Attachment number 2 Page 2 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 13 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FIVE HiTNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. Page 2 of 15 � Item # 10 Attachment number 2 Page 3 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approvaL Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and State "One Call" —"Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. Page 3 of 15 � Item # 10 Attachment number 2 Page 4 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shalL• (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shalL• (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. Page 4 of 15 � Item # 10 Attachment number 2 Page 5 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by State law, during any period of actual construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability Page 5 of 15 � Item # 10 Attachment number 2 Page 6 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or j oint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. Page 6 of 15 � Item # 10 Attachment number 2 Page 7 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liabilitv Insurance CGL , naming Licensor, and/or its designee, as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code C907 at the address listed above. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a'claims made' basis instead of a'per occurrence' basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shalL• (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liabilitv (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 O1 96) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liabilitv (RPL) Policy for the period of actual Page 7 of 15 � Item # 10 Attachment number 2 Page 8 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. Page 8 of 15 � Item # 10 Attachment number 2 Page 9 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing a� work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email Page 9 of 15 � Item # 10 Attachment number 2 Page 10 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 address: OP_Request@csx.com. A blank form, as well as additional instructions and information, can be obtained from Licensor's web site, via web link: http://www.csx.com/fuseaction=aboutproperty_corridor%20#scheduling. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 727-562-4608. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 153 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. Page 10 of 15 � Item # 10 Attachment number 2 Page 11 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a"permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or controL Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. Page 11 of 15 � Item # 10 Attachment number 2 Page 12 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, 'Liens or Encumbrances'), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. Page 12 of 15 � Item # 10 Attachment number 2 Page 13 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). 19. RIDERS: 19.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line Page 13 of 15 � Item # 10 Attachment number 2 Page 14 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION, INC. : Print/Type Name: Print/Type Title: Witness for Licensee: CITY OF CLEARWATER : Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name: Print/Type Title: Tax ID No.: Authority under Ordinance or Resolution No. , Dated Page 14 of 15 � Item # 10 Attachment number 2 Page 15 of 15 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX662702 COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER This Rider is and shall be a part of Agreement No. CSX662702, and is incorporated therein. 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ('MCI') ATTN: Investigations Mr. Dean Boyers Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson, TX 75082-4354 Phone No. (800) 624-9675 or (972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). Page 15 of 15 � Item # 10 �� Page Account/Contract CSX Customer Project No. Date Attachment number 3 Page 1 of 5 1 of 1 662702 2/2/2011 ! Customer � City ot Clearwater 100 South Myrtly Ave. Room 220 Clearwater, FL 33758 � , Fees - At - q - Glance ; Amount Due $ 17]'5.00 Fees Summary � � � � +': a�, +� �:� �, �,, � a� ;�,'� � -� � ,- � a� �,. �,., � �_� � __ __ ._ ,, ,. �r � � i� ^^ ' � +� �" � �^ � a� - �, � .� � �,. ,, �� , � , , � , �„� � �� - Total Current Fees � 1775.00 [ News iYou Can Use CSX Federa� �D No. CSX Cand�an ID No Please remit payment to: Quest�ons? Contact, 54-6000720 1022382868 CSX Transportation. Inc 500 Water Street, J-180 Jacksonville, FL 32202 Attention: Rene Kurth r�n� kurth��.cor�t Item # 10 _ . , �� .. �� Attackirn�nt number 3 �� Page 2 of 5 � �� s i7�� «� � � � � s F�� ll�i� �t� 1�Stl 1:;��ft`�; �\ � � 3 �?, u � t,'s} p>�5 ',� '��t�'" s�` �f� t``�7 �S a ak If because of State Statute/Law you cannot meet the monetary coverage limits required in Section 10.1 of the Agreement, you must pay the total due listed on the Statement of Fees, which includes a 50% surcharge in the amount of $375.00. If you can meet the monetary requirements of Section 10.1, you may reduce the total amount due by $3'75.00. Payment of the surcharge does not waive Section 10.1, it only compensates for less than required monetary coverage. You will still need to provide insurance documentation in accordance with Section 10.1 Item # 10 Application Date: Mail To: CSX Transportation, 1nc. ATTN� Corridor Occupancy Services 500 Water Street, J-180 Jacksonville, FL 32202 Submittal Must Include Drawing(sy and Revie! CSXT File/Agreement Numbera � �o„ � OwnerlLegal Company ldentification (required) Owner's Complete Legal City of Clearwater Company Name: ___ Legal Address (1): 100 South Myrtle Avenue Legal Address (2): Room 220 Attachment number 3 i130109 1 of 2 City: Clearwater State: FL � Zipe 33758 Business Type: � Corporation [] Limited L�iability Company [� Limited Partnership �✓ Municipality [� Limited Liability Partnership State of Incorporation: Other Business Type - �escribe: _ Billing Address �(�heck bax if same a� above), if not, please complete below_ _.....�.�.�.....�.. �� .��. V...e�..,w.�.�.....� . �.,� Billing Address (1): �� Billing Address City: Contact Name: Robert Fahey, PE Office Phone: 727-562-4750 General Partnership State: Z�P� Owner Contact Informati�n Contact Title: Utilities En�ineering Manager E�,: Mobile Phone: 'i2i-224-7526 Email:�robert.fahey@myclearwater.com � Emergency Phone:l727-562-4608 Project EngineerlConsultanUAgent Information Engineer/ConsultanU �� - �� Agent Company Name: McKim 8� Creed, PA �' � ��"�� . Contact Name:' David C. Wehner, PE ` �N�m�- �� = s� r�.. n� �" �.� A f�;-� _...- --�--- u--,�T- ��,�� , �� Mailing Address: 1365 Hamlet Avenue City: Clearwater State: FL � Zip: 33756 Off Ph ° 727-442�7196 Mobile Phone: 727-430-4320 ice one. �_ ��,..�.�. __� �. �� — °�'° � Item # 10 �mail: dwehner@mckimcreed.com �'��i�� _:�'�� ? � 4 ' • • �� • • • � �� '� z �` ��, �� x� ��";r �t� +rt: �na = ,� Attachment number 3 Page 4 of 5 FORM �SXT #A01 0�130i09 Page 2 of 2 __ � 'm �' i � � � 0 � 0 Project Reference Is this covered by an existing CSX permiUagreement or master agreement: ❑ Yes Provide Agreement # and/or date: ❑✓ No Is this project related to another transaction/project with CSX: �] Yes Describe� � No Provide utility owner project reference number: 10-0026-Ui _ _- _ - Project Scope ; Check box to indicate type of installation request: � � New Installation Request ❑ Upgrade/ReplacemenURelocation of Existing Facilities Will proposed installation connect to an existing facility within railroad corridor: � Yes Provide name of connecting facility owner: �] No Check all boxes that apply to indicate type of installation request: ❑✓ Sub-grade ❑ Aerial If "Sub-grade," check all boxes that apply to indicate proposed method of installation ❑,/ Jack & Bore � Horizontal Directional Drill ❑ Other Describe; Project Description Description / Scope (Include� purpose, scope of work, materials, equipment, geographic features, specia/ conditions): _ . __ Purpose- to extend the City's reclaimed water service to the citizens of Clearwater. Scope of Work- installation approximately 170-If of 12" ductile iron reclaimed water main within a 20" diameter and 0.344" thick steel casing across CSX ROW via jack and bore installation at the intersection of Keene Road (CR-1) and the CSX Railroad. i, , � � �„ �� r, t�s t��% � �� ;r �� i��` ';� {F' � � q��'; � �,.,. � �y - Project Location City: Clearwater County: Pinellas State� Florida a�. � .�_ a� s..�� _ Will facility installation be located entirely within public road right-of-waya �] Yes Provide AAR/DOT Crossing Inventory Number of Road (posted at crossing)e 918637G Item # 10 � No �� g ss a� � a� �`� r,l r �v � � $ .� . �t � �� „q� "" v� U3 � �� ' ( ! ti a_ = � �«� ; r �� "�' �� „� � _' Attachment number 3 Page 5 of 5 � �� ( � g �� ' � � �r °d �y � �F �°jm z �y N �G O Z U 3< X � N O V �� Z m �� Q � �< Q � O N� W u�i � B— Z � }< W N� Y 2 U �] c O P4 � � � �, �� N � N �� 4 � s � �� a b� � � ^: - °+ "� � <� � o � � Nh� a� a� �� s� s� �� <� < ° � � ;�,�� + �� 3A�� °�g< �_e �z u �cs � u� $� �� y �� .�,� f� ,.'� �T! � I °` R � � 4'�p g � '� .� ..,¢ .P. 3 � � � � � r � t s � �� '�� ;5 � � � � � ; � � : � � � , � ; ( � ;s�ti � � � � � ( P i r � � �� , � � �� , .�� ; ; � �� ' ,s' s , ;� � r � �� ; sx �❑ Countersigned: Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attachment number 4 Page 1 of 1 CITY OF CLEARWATER, FLORIDA : William B. Horne II City Manager Attest: Rosemarie Call City Clerk Item # 10 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve a Work Order to Engineer of Record Reiss Engineering Inc. for Stormwater Modifications to Town Pond in the amount of $294,569. (consent) SUMMARY: Now known as Prospect Lake, located in Prospect Lake Park, this stormwater system was constructed in 2004 to service a defined Downtown Drainage District. This 3.5-acre alum treatment pond was Cooperatively Funded by SWFWMD (Southwest Florida Water Management District) to treat a 100-acre watershed, reduce street flooding and allow redevelopment of the area by creating a Buy-In District for stormwater treatment. It has since been determined that the permitted system is not capable of ineeting the water quality requirements of the permit. This is primarily due to the fact that the alum pond was designed as a high volume flow-through system. This design does not provide for proper settling in the pond. The City hired Reiss Engineering to evaluate the existing conditions of the treatment system and provide the City with options for bringing the system into compliance. The attached work order reflects the outcome of that evaluation, along with design, permitting and construction management services for future modifications. A midyear amendment will transfer $294,569 Stormwater Utility Revenue from 0315-96170, Coastal Basins Projects to 0315-96125, Town Lake to fund the work order. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-96125-561200-539- 000-0000 Review Approval: $294,569 $294,569 2010 to ' 2011 Amount $294,569 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See Summary Yes $294,569 Cover Memo Item # 11 s � ,� Attachment number 1 Page 1 of 15 REISS ENGINEERING, INC. WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: February 9, 2011 ProjectNumber: 102008 City Project Number: 11-0008-EN 1. PROJECT TITLE: Town Pond Modifications — Design and Construction Management Services 2. SCOPE OF SERVICES: The City of Clearwater (City) selected Reiss Engineering Inc. (REI) to provide an assessment of the current physical condition and operational elements of the City's Town Pond stormwater system, with specific emphasis on the use of alum for enhanced stormwater treatment. It was the City's desire to either improve the performance of the alum system such that efficient and effective operations were established, or to identify an alternative method for the elimination of alum from the overall system. Studies performed by REI identified a viable and acceptable (to the City) alternative that would allow for the elimination of alum treatment, while maintaining compliance with applicable stormwater rules and permit conditions. This approach was presented to the Southwest Florida Water Management District (SWFWMD) in December 2010, and tentatively approved pending further meetings to discuss technical details. Subsequent to the REI studies and meeting with the SWFWMD, the City requested that REI prepare a proposed work order to provide design, permitting, bidding and construction engineering inspection (CEI) services for the redesign and construction of the Town Pond stormwater system modifications. Based on discussions with City staff, REI developed the following scope of engineering services for this project. The following specific design components are included in this proposed scope of work: 1. Permitting services to incorporate the City Annex detention pond treatment capacity to reduce the size and costs associated with the modifications necessary to meet SWFWIVID permit regulations. 1 Item # 11 Attachment number 1 Page 2 of 15 2. Design, permitting and construction services associated with increasing the size of the current Town Pond within the boundaries of the existing Prospect Lake Park property to add littoral shelf area and water quality treatment volume. 3. Design, permitting and construction services associated with constructing a satellite stormwater pond, if required, on undeveloped City-owned property in the Town Pond watershed to facilitate treatment of the remainder of untreated stormwater run-off. While the scope provided below includes all of the tasks described above, the compensation proposed for each of the three tasks is presented individually for the purposes of more detailed budget tracking. This Scope of Services includes the following tasks which are described in detail below: 1.0 — PRO7ECT ADMINISTRATION 2.0 — PRELIMINARY ENGINEERING 3.0 — F1NAL ENGINEERING 4.0 — PERMITTING 5.0 — BIDDING 6.0 — CONSTRUCTION MANAGEMENT TASK 1.0 — PROJECT ADMINISTRATION REI will perform pre-design and ongoing administrative services for this project as defined below. 1.1. General Project Management Services Proj ect Management activities include staffing subconsultant coordination, budget management, schedule management, and coordination with the City, as well as preparation of invoices and status reports on a monthly basis. 1.2. Pre-application Meeting with SWFWMD REI will prepare for and attend a pre-application meeting with SWFWMD and City staff to discuss the specific technical issues necessary to finalize specific scope items. REI staff will communicate by telephone with key District staff inembers prior to this meeting such that more detailed technical approach items are prepared in advance. REI will prepare meeting minutes to document this critical meeting. 1.3. Design Kick-Off Meeting REI will prepare for and conduct a project "kick-offl' meeting with City staff to discuss the project's goals and objectives, clarify roles and assignments, and review the project schedule and deliverables. The kick-off ineeting will also include a discussion of key 2 Item # 11 Attachment number 1 Page 3 of 15 technical issues, such as coordination with other City departments on related aspects of this project, and elements associated with time-critical tasks. REI will prepare a meeting agenda prior to the meeting and will issue meeting notes within five (5) business days after the meeting. 1.4. Project Progress Meetings and Reports REI will prepare for and conduct proj ect progress meetings on a bi-monthly basis (up to 6 meetings through design and bidding) with City staff and other proj ect-related stakeholders identified by the City (e.g., SWFWMD, other consultants), as appropriate. REI will prepare a progress meeting agenda for these scheduled meetings. REI will issue meeting minutes within five (5) business days after each meeting. Monthly progress reports with completion percentage for each task will also be prepared and submitted to the City with monthly invoices. 1.5. Public Meetings REI will attend up to two (2) public meetings organized by the City, and provide support to City staff in the development and presentation of information. Public meetings may be required with the Community Development Board, City Council, SWFWMD, or other agencies/venues as identified by City staff. 1.6. Coordination with Subconsultants REI will coordinate with all subconsultants retained for completion of the project, including coordination of consultant team meetings, field efforts, and meetings with City staff. 1.7. Project Scheduling REI will prepare and update on a bi-monthly basis (beginning with the Kick-off Meeting) an overall Project Schedule for the City's use in monitoring progress. The schedule will be prepared using MS Proj ect software, and will be delivered to the City at the bi- monthly progress meetings. Significant schedule issues will be discussed with the City as they occur, and interim updated schedules will be prepared and submitted prior to the bi- monthly meetings, as needed. 1.8. Quality Assurance/Quality Control REI will perform quality assurance and quality control reviews (QA/QC) for the entire duration of the project. The QA/QC professionals will be staff not routinely engaged in the Proj ect design and permitting activities. The QA/QC Team will prepare written comments on project deliverables at the appropriate stages of the design. The QA/QC Team is proposed to complete a review at the Preliminary Design (30%), 60%, 90%, and 100% design phases of the project, prior to submittal to the City and the SWFWMD. 3 Item # 11 Attachment number 1 Page 4 of 15 Task 1.0 Deliverables • Pre-Application agenda and meeting minutes. • Kick-off Meeting Agenda — electronic draft copy (MS Word) for editing; 10 hard copies at meeting. • Kick-off Meeting Minutes — electronic draft copy (MS Word); electronic final copy (PDF). • Bi-monthly Project Progress Meeting Agenda — electronic draft copy (MS Word) for editing; 10 hard copies at meeting. • Bi-monthly Project Progress Meeting Minutes — electronic draft copy (MS Word); electronic final copy (PDF). • Monthly Progress Report — one electronic copy (PDF), one hard copy with invoice. • Bi-monthly Project Schedule — electronic copy (PDF), hard copies as needed. TASK 2.0 — PRELIMINARY ENGINEERING REI will provide preliminary engineering services for the proj ect as defined below. 2.1. Surveying REI will perform a boundary and topographic survey of the proj ect area. REI will review survey data collected and maps generated for completeness and accuracy in supporting the design requirements, and provide the City with one (1) final survey drawing and two (2) electronic copies (original files and PDF). A detailed scope of this work is attached (Polaris Associates, Inc. Proposal). 2.2. Geotechnical Engineering REI will perform geotechnical investigations sufficient to establish the geotechnical parameters necessary for the stormwater pond design. REI will review geotechnical data collected and reports generated for completeness and accuracy prior to providing the City with final reports of the investigation. The scope for this task includes geotechnical borings for the stormwater pond at the City- owned satellite pond property only. The results of the analyses of the borings will be included in a report which will include the following: • Discussion of subsurface soil and groundwater conditions, including estimated normal seasonal high groundwater levels • Recommendations for subgrade preparation and fill placement • Foundation design recommendations • Expected total and differential settlements • Recommendations for below grade construction A detailed scope of this work is attached (Driggers Engineering Services, Inc. Proposal). � Item # 11 Attachment number 1 Page 5 of 15 2.3. Phase I Environmental Site Assessment (Satellite Pond) If required, the City will contract directly with an environmental firm to conduct a Phase I Environmental Assessment. REI will coordinate with the City and the environmental consultant during performance of this work. 2.4. Listed Species Survey (Satellite Pond) REI will conduct surveys of the project site to determine the occurrence, or potential for occurrence, of species listed as threatened, endangered, protected, or of special concern by the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service. Biologists will review the site for suitable habitat for species known to occur in the region and will perform transects through any such communities to provide an estimate of the population density, if appropriate. REI will coordinate with the FFWCC to obtain the latest data on any nearby eagle nests. Results of this review will be summarized in a brief report and will include details of regulatory options available for the development of the project area. This information will also be incorporated into the environmental permit applications. A detailed scope of this work is attached (Shaw Environmental & Infrastructure, Inc. Proposal). 2.5. Preliminary Engineering REI will prepare preliminary calculations and perform project design, incorporating data obtained in the study stage of the proj ect, as well as information and direction provided during the pre-application meeting with the SWFWMD. REI will prepare a preliminary engineering plan showing proposed grading drainage, and stormwater utility facilities. 2.6. Preliminary Opinion of Probable Construction Costs REI will produce a preliminary cost estimate for the proposed site development modifications. This will include a preliminary opinion of probable construction costs for the proposed site development modifications, accurate to within typical limits at this stage of design (+/- 30%). Task 2.0 Deliverables • Data requests via electronic mail. • Final survey drawings signed by a licensed Florida land surveyor — one (1) hard copy and CAD files (original and PDF files). • Phase I Environmental Site Assessment — two (2) hard copies and one (1) electronic copy (PDF). • Gopher Tortoise Census — two (2) hard copies and one (1) electronic copy (PDF). • Listed Species Survey — two (2) hard copies and one (1) electronic copy (PDF). • Preliminary Site Plans — one (1) hard copy and one (1) electronic copy (PDF). • Preliminary Opinion of Probable Construction Costs — one (1) hard copy and one (1) electronic copy (PDF). � Item # 11 Attachment number 1 Page 6 of 15 TASK 3.0 — FINAL ENGINEERING REI will provide design services for the proj ect as defined below. 3.1. Drainage Calculations REI will prepare drainage calculation notebooks based on the topographic survey and geotechnical data obtained. The drainage calculations notebooks will contain the necessary pre- and post-development exhibits, maps, calculations, simulation modeling input data and results, summaries, pond recovery analyses, and other data as required to obtain approvals and permits. The drainage simulations will include all necessary storm events needed for approvals. Secondary drainage calculations (for roads and stormwater curb inlets) will be included as needed. 3.2. Construction Plans REI will prepare construction plans for the project that will be submitted to the City of Clearwater and the SWFWMD for review and approval. The plans will be detailed such that once approved they will be sufficient for the City's bidding process and the project's construction. REI will perform quality assurance and quality control reviews (QA/QC) at 30%, 60%, 90%, and 100% design phases of the proj ect, prior to submittal to the City and the SWFWNID. Please note that the littoral shelf planting plans and landscape plans produced in Tasks 3.2.1 and 3.2.2 will be included with the construction plans from this task for all necessary submittals. 3.2.1. Littoral Shelf Planting Plan REI will produce a littoral shelf planting plan for Town Pond that will be submitted to the SWFWMD for review and approval. The plan will be detailed such that once approved it will be sufficient for the City's bidding process and the proj ect's construction. 3.2.2. Landscape Plan REI will produce a landscape plan for Town Pond and the satellite pond that will be submitted to the City for review and approval. The plan will be detailed such that once approved it will be sufficient for the City's bidding process and the project's construction. Task 3.0 Deliverables • Data requests via electronic mail. • Final drainage calculation notebooks signed and sealed by a licensed professional engineer — one (1) hard copy and one (1) electronic copy (PDF). � Item # 11 Attachment number 1 Page 7 of 15 • Final contract documents and construction plans (24"x36" drawings) signed and sealed by a licensed professional engineer — one (1) hard copy and one (1) electronic copy (PDF). Estimate of seventeen (17) sheets each for both Town Pond and satellite pond. • Final contract documents and landscape plans (24"x36" drawings) signed and sealed by a licensed landscape architect — one (1) hard copy and one (1) electronic copy (PDF). Estimate of fifteen (15) sheets each for both Town Pond and satellite pond. • Littoral shelf planting plan — one (1) hard copy and one (1) electronic copy (PDF). TASK 4.0 — PERMITTING REI will prepare and submit application packages for the permits listed in the sections below. The submittal packages will include application forms, narratives, drainage calculations, plans, exhibits, environmental information and other supporting documentation, as well as permit application fees. REI will coordinate with the City or its designee to obtain documentation required as part of these permit applications; particularly, ownership documentation, and other such information. REI will assist the City in processing the permit applications and construction plans submitted to the regulatory agencies. REI will coordinate with the agencies to expedite issuance of the public notice and receipt of the agency comments. REI will provide additional technical information and supporting documentation to facilitate the processing of the permit applications. REI will coordinate with any environmental and geotechnical consultants to ensure the incorporation of pertinent data in its responses to the regulating agencies. REI will keep the City informed of the application status, comments received from the agencies and the proposed responses. REI will forward all substantive comments regarding legal documentation to the City and its attorney. REI will monitor and track all relevant dates. This task includes approval only through the permitting agencies listed below. If additional permits not listed are required, REI will advise the City and additional fees may be required. 4.1. City of Clearwater The following applications/permits are anticipated for the City of Clearwater: • City of Clearwater Flexible Development Application • City of Clearwater Application for Land Clearing and Grubbing Permit • City of Clearwater Demolition Permit (for structures at satellite pond location) 7 Item # 11 Attachment number 1 Page 8 of 15 4.2. Southwest Florida Water Management District (SWFWMD) The following application/permit is required from the SWFWIVID: Southwest Florida Water Management District Environmental Resources Permit (ERP) for grading/stormwater design (This will be a modification of permit 44- 022515.000, to include the Town Pond modification, incorporation of the City Annex Pond, and additional satellite pond.) 4.3. Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) Notice of Intent The following application/permit is required from the FDEP and EPA: • Notice of Intent to Use Generic Permit for Stormwater Discharge From Large and Small Construction Activities 4.4. Florida Department of Transportation (FDOT) Drainage Connection The following application/permit may be required from the FDOT: • FDOT Drainage Connection Permit 4.5. Pinellas County Right-of-Way Utilization Permit The following application/permit may be required from Pinellas County: • Right-of-Way Utilization Permit Task 4.0 Deliverables • Data requests via electronic mail. • Copies of all Requests for Additional Information (RAI) from reviewing agencies — one (1) hard copy and one (1) electronic copy (PDF). • Copies of all Response to Comments Letters (RTC) with supporting documentation — one (1) hard copy and one (1) electronic copy (PDF). • SWFWMD ERP permit (or exemption) applications and documents for signature by City; permit fees (to be paid by REI, estimated permit fees included in project cost) — one (1) hard copy and one (1) electronic copy (PDF). • Attendance at pre-application meetings with City departments for Site Plan Approval s. • City of Clearwater Flexible Development Application permit application and documents for signature by City. : Item # 11 Attachment number 1 Page 9 of 15 • City of Clearwater Application for Land Clearing and Grubbing Permit and documents for signature by City. • FDOT Drainage Connection/Pinellas County ROW Use permit applications and documents for signature by the City. (IF REQUIRED) • Pinellas County Right-of-Way Utilization permit applications and documents for signature by the City. (IF REQUIRED) TASK 5.0 — BIDDING 5.1. Attendance at Pre-bid Meeting REI will attend one (1) pre-bid meeting at a location selected by the City. REI's representative will answer/document contractor questions as applicable. REI will prepare and submit meeting minutes within five (5) business days, which will include all contractor questions raised during the meeting and any responses issued during the meeting. 5.2. Question Responses REI will forward any requests for additional information (RFI) received after the meeting to the City who will prepare addenda for distribution to the contractors through the City's planroom website. REI will provide input as requested by the City in the preparation of the addenda. Task 5 Deliverables: • Bid document package. • Attendance at Pre-bid meeting and Meeting Minutes. • Responses to bidders RFI's (MSWord). • Issue For Bid (IFB) contract documents and construction plans (24"x36" drawings). One (1) Signed and Sealed hard copy and electronic files on CD (original files and PDF). TASK 6.0 — CONSTRUCTION MANAGEMENT REI will provide services required to coordinate and facilitate the beginning of construction. REI will review contractor-supplied submittals (shop drawings for general conformance to the plans and specifications). REI will provide construction management services which will include a pre-construction meeting, approximately three (3) visits to the site weekly for inspections during construction, and additional site visits to observe the progress and quality of the executed G� Item # 11 Attachment number 1 Page 10 of 15 work and to determine whether the project is proceeding in accordance with contract documents. REI anticipates a pre-final inspection and a final inspection visit. REI has assumed that the site work will be completed within a four-month period. Per the contract documents, the contractor will be responsible for the means, methods, techniques, sequences, procedures of construction, and safety precautions and programs incidental to the work of the proj ect. REI will keep the City informed of the progress of the work Inspections may include observations of erosion protection and pollution abatement measures, storm sewer lamping, water management pond and outfall construction, and general observations to ensure adherence to project requirements and the contract documents. REI understands that the site contractor will provide the services of a geotechnical engineer who shall certify that all site and utility compaction, pavement thickness, and mix design complies with governmental and proj ect specifications. Copies of the test results shall be provided for REI's records. This testing is not included in REI's scope, but should be included in the contractor's bid. Upon completion of construction, REI will provide record (drawings based on the contractor's as-built drawings) and certification of construction completion to the City of Clearwater and the SWFWMD, and process the SWFWMD permit to transfer the facilities into the operational phase. Task 6 Deliverables: • Record drawings (24"x36"). One (1) Signed and Sealed hard copy and electronic files on CD (PDF). • SWFWMD letter stating Town Pond (and additional pond(s)) is (are) placed into operational phase. One (1) hard copy and electronic file on CD (PDF). 10 Item # 11 Attachment number 1 Page 11 of 15 ASSUMPTIONS The assumptions listed below were used as the basis for development of the proposed scope and fees. Should the City wish to amend the scope to address any specific assumption, REI will negotiate in good faith to adjust the fees accordingly. 1. There will be no public involvement beyond what is listed in Section 1.4. 2. Easement Acquisitions, searches, or documentation will be the responsibility of the City. 3. Army Corp of Engineers permitting is not required. 4. Impact fees or inspection fees are the responsibility of the City. 5. City shall provide REI and its subconsultants all necessary access to the proj ect site. 6. The City of Clearwater and SWFWIVID review time will be no more than 30 days for each RAI. 7. The design will be based on the federal, state, and local codes and standards in effect at the start of the Proj ect. 8. Project management time is greatly dependent on the schedule of the work If the schedule is extended for reasons beyond the control of REI, additional Project management time may be necessary and fees may increase. 9. City provides Front End documents. 10. Site civil assumptions: site has compatible land use and zoning site is not within 100-year floodplain, site is not in a closed drainage basin, there are no wetlands/jurisdictional areas, there is positive stormwater outfall available adjacent to the site, there are no variances for site development, there are no traffic studies or signalization, and there are no hazardous waste site assessments 11. The satellite pond location is not a current or former brownfield location. If it is, Phase II and III environmental assessments may be required. 12. If gopher tortoises are present within the site, a formal census (not included herein) will be needed in order to determine their density and any associated costs for relocation. 13. All design drawings will be completed using AutoCAD 2010. 14. If a SWFWNID water use permit/dewatering permit is required, contractor will be responsible for obtaining it. 15. Contractor will be responsible for abandonment/relocation of existing sewer main within the peninsula of the Town Pond, the sludge collection hoppers, the pump used for removal of the alum-treated sludge, and any related equipment and facilities that will no longer be required and as determined by the City. 16. Contractor will be responsible for removal and disposal of alum-treated sludge located throughout the bottom of the Town Pond. 17. Contractor will be responsible for the replacement of the sidewalk overlook with a boardwalk or other similar design acceptable to the City. 18. Contractor will be responsible for maintenance of traffic (MOT) permitting and operations during construction activities. 19. Contractor will be responsible for planting aquatic plants in Town Pond per the littoral shelf planting plan. 20. Contractor will be responsible for landscaping per the approved landscape plan. 11 Item # 11 Attachment number 1 Page 12 of 15 3. PROJECT GOALS: The goal of this project is to design, permit, and bid modifications to the City's Downtown Stormwater District to meet the needs of the City of Clearwater and the SWFWNID. 4. BUDGET: The project budget is presented in Attachment B. This price includes all labor and expenses anticipated to be incurred by REI for the completion of these tasks, on a lump sum basis, for a not to exceed fee of $294,569. Permit application fees will be paid by REI and invoiced to the City as a reimbursable. 5. SCHEDULE: The project schedule is summarized below: Time from Notice to Proceed Task 1.0 — Project Administration ongoing Task 2.0 — Preliminary Engineering 1 months Task 3.0 — Final Engineering 4 months Task 4.0 — Permitting 9 months Task 5.0 — Bidding 12 months Task 6.0 — Construction Management 16 months Total 16 months Schedule Notes: - Schedule includes 10 days (2 weeks) for City review of a draft deliverable. The schedule will be adjusted according to actual City review rime. - REI will observe the time limitations; however, should there be delays in receiving information from others and in obtaining subsequent authorizarion, approvals, and/or review comments from the City, the schedule will be updated and adjusted as mutually agreed upon by REI and the City. REI shall not be responsible for delays that occur as the result of acrion or inacrion by others. The proj ect is to be completed 480 days from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT (Consultant): Reiss Engineering Staff: James Murin, P.E. — Vice President/Principal-in-Charge Ted Schwartzhoff, P.E. — Project Manager Scott Hoxworth, P.E. — Proj ect Engineer Janine Alexander, P.E. — QA/QC Robert Lupo — Senior Designer Kim Jones — Administrative Assistant 12 Item # 11 Attachment number 1 Page 13 of 15 7. CORRESPONDENCE/REPORTING PROCEDURES: REI's project correspondence shall be directed to James Murin, P.E. All City project correspondence shall be directed to Ed Chesney, 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: Veronica Josef, Senior Staff Assistant, Engineering, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared on a percent completed basis, monthly, according to the lump sum compensation amounts identified in Section 4. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. 10. None. City Invoicing Code: 0315-96125-561200-539-000-0000 ITEM 9 INTENTIONALLY LEFT BLANK SPECIAL CONSIDERATIONS: PREPARED BY: C. Robert Reiss, Ph.D., P.E. President Reiss Engineering Inc. Date 13 APPROVED BY: Michael D. Quillen, P.E. City Engineer City of Clearwater Date Item # 11 Attachment number 1 Page 14 of 15 {Add the following as an Attachment.} °�C�earwater � U 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 ineasurement 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 standardAutoDesk, 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.rnahony�a,rnvclearwater.com ➢ All electronic files (CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 14 Item # 11 Attachment number 1 Page 15 of 15 ATTACHMENT B CITY OF CLEARWATER PROJECT BUDGET Reiss Engineering Inc. Town Pond Satellite Pond Design & City Annex Design & Task Description Permitting Re-permitting Permitting Total 1.0 Project Administration $43,045 $0 $5,005 $48,050 2.0 Preliminary Engineering $25,620 $0 $21,242 $46,862 3.0 Final Eaigineering $27,110 $0 $27,110 $54,220 4.0 Permitting $15,184 $15,184 $7,092 $37,460 5.0 Bidding $7,870 $0 $2,620 $10,490 6.0 Construction Management $44,352 $0 $10,088 $54,440 Subtotal $251,522 Permit Fees $3,740 Other Direct Costs (prints, photocopies, postage, etc) $12,528 Total $267,790 Contingency (10%) $26,779 Grand Total $294,569 IS Item # 11 i ,, � oi :, ; 1 ah � �( �J `" Ci ��n c'� , ' � `,�1` ;� . $�'' }� �t t"` ' ; . _�, �'t . " "h� ��;�� ; � y'k < `� ,y` � ''i�;tf"� \"U,�`! , ,:� l�� ,a � d'�'. �� ?�'��5� �;�-- � 4�� wr �.�� .ifi��Y.^ ,�„'i�t��l �,) � `ir .i k 2+° � 4 �k i ; � !� '� =fi�+ ?'¥ � ��';:, � � �'� �, 4 �yc r �� ` , {s �+ �� g ��r �y��% ,�� r� � �{ tfi�� S nae `iC � � <<s . 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' �. i�rs.�� i�; �rr � �-�1" �1n r s;� � ^ - r tr! „ , ��-.� � �. � � � !-� s >�s ''li��x. 3 � ` r� � ? ts i � ek � � � vp9,,. �,< s t3 � - � . 7I � € i+ \s � , r4` rE �r<m��41�� tfi� ;� � '� ` �4��ii ��' '" it�it iii? r r � ft� d ,=�r°' a F � �; �� } ' � �, 1� � � „ � '� �: s � � � I �� - Y , ,��, � � �'t � ��1 `� s � � 3.r � �� { ' n i i� � t� � � �.t. �� 4 � � � � j4�t�; � i x �'t , �� fi f � � �� r � p "' �, � ,;� T il��lcr � . ? ". l ��, � � ��i � � x� �; n u' xs �i}� �- � '§Sf <s t �t�`�1t 4 � � k r . � �"t s � `�r�-. iY, � : . � � a§�th, .. i� �4�`Ee Y4�lr��..'. �,u t . �i�4 , u :� i iS�. , a _ tt< ,'�, ,.�, „: 134` u � �(i�` �� il�� ' -�.�»''�!� ._ ��.,,. '; c � x.�y r�i� a�,?�,�u, �# � ... �' 01 �i 1�U-� �,.. . �. � .. .� � � . f , „,,. .. Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve an amended Development Agreement between L.O.M. Inc. (the property owner) and the City of Clearwater (previously DVA2009-00004 and approved by City Council on February 18, 2010) to modify the scope of the project with regard to the developable square footage for the retail and restaurant uses, and the off-street parking to be provided for those uses (FLD2010-12033) and adopt Resolution 11-07. SUMMARY: The 0.99-acre subject property is located between S. Gulfview Boulevard and Coronado Drive, approximately 200 feet south of Third Street. On February 15, 2011, the Community Development Board (CDB) approved a Flexible Development application (FLD2010-12033) to amend the previously approved FLD2009-09032 (CDB approved on December 15, 2009) to permit 34,007 square feet of retail sales and services floor area (and Beach Wa1k Thru Area), 9,018 square feet of restaurant floor area and a 344 parking space parking garage (44 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces). This application would result in 176 square feet less retail sales and services floor area (and area devoted to the Beach Wa1k Thru Area), 2,131 square feet more restaurant floor area, and 5 fewer parking spaces for the retail/restaurant uses than previously approved. The FAR would be increased by 0.05; however, the height (to highest parking deck) would remain the same. The proposed Development Agreement will amend the previously approved Development Agreement as follows: Establishes that the term "Project" means, generally, the development and construction of a 39,229 square feet retail/commercial project with 44 parking spaces, and a commercial parking garage containing 300 parking spaces open to the public; Separates the project into a Retail Unit(s) (total of 43,025 square feet of retail/commercial floor area on the ground floor consisting of approximately 34,007 square feet of retail space [does not include the Beach Walk Thru Area], 9,018 square feet of restaurant space and 44 parking spaces on the second floor); and Includes the formation of a three-unit condominium for the project consisting of a Parking Unit and two (2) Retail Units, one of which will include approximately 9,018 square feet of restaurant space and the other of which will include the remainder of the Retail Unit (approximately 34,007 square feet of retail space, the Beach Walk Thru Area, and 44 parking spaces). The Community Development Board reviewed this Amendment at its public hearing on February 15, 2011 and unanimously recommended approval. Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 3 CDB Meeting Date Case Number: Agenda Item: Owner/Applicant: Representative: Address: Februarv 15, 2011 DVA2010-12001 (Related to FLD2010-12033� F. 1. L.O.M., Inc. Andv Goulish, PE, Finfrock Construction, Inc. 311 S. Gulfview Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of a Second Amendment to a Development Agreement between L.O.M Inc. (the property owner) and the City of Clearwater. CURRENT ZONING: CURRENT FUTURE LAND USE PLAN CATEGORY: BEACH BY DESIGN CHARACTER DISTRICT: PROPERTY USE: EXISTING SURROUNDING ZONING AND USES: Tourist (T) District Resort Facilities High (RFH) Beach Walk Current: Under construction, but previously approved for Retail Sales and Services of 34,183 square feet of floor area, a Restaurant of 6,887 square feet of floor area and a Parking Garage of 349 parking spaces (including 49 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.94 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck) Proposed: Retail Sales and Services (and Beach Walk Thru Area) of 34,007 square feet of floor area, a Restaurant of 9,018 square feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) (0.99 Floor Area Ratio) at a height of 59.5 feet (to highest parking deck) North: Tourist (T) District South: Tourist (T) District East: Tourist (T) District West: Open Space/Recreation (OS/R) District Mixed-Use and Parking Garage Overnight accommodations Overnight accommodations and Retail sales and services Cleanvater Beach Community Development Board — February 15, 2010 DVA2010-12001 — Page 1 of 3 Item # 12 Attachment number 1 Page 2 of 3 ANALYSIS: Site Location and Existing Conditions: The 0.99-acre subject property is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street. At its meeting of January 5, 2010, the Community Development Board (CDB) recommended that the City Council approve a Development Agreement between L.O.M Inc. (the property owner) and the City of Clearwater. This Development Agreement (DVA2009-00004), which was approved by the City Council at its meeting of February 18, 2010, allowed for the development of 34,183 square feet of retail sales and services floor area, 6,887 square feet of restaurant floor area, and a 349 parking space parking garage (49 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces). The Development Agreement also established a maximum Floor Area Ratio (FAR) of 0.94, and height of 59.5 feet (to highest parking deck). A First Amendment to this Development Agreement (revising previously established commencement and completion dates) was recorded with Pinellas County on October 28, 2010. Development Proposal: The Development Agreement includes a companion Flexible Development application (FLD2010-12033) to permit 34,007 square feet of retail sales and services floor area (and Beach Walk Thru Area), 9,018 square feet of restaurant floor area and a 344 parking space parking garage (44 parking spaces for the retail sales and services and restaurant uses, and 300 public parking spaces). This application would result in 176 square feet less retail sales and services floor area (and area devoted to the Beach Walk Thru Area), 2,131 square feet more restaurant floor area, and 5 fewer parking spaces for the retail/restaurant uses than previously approved. The FAR would be increased by 0.05; however the height (to highest parking deck) would remain the same. Development Agreement: The purpose of this amendment is to reestablish the scope of the proj ect with regard to the developable square footage for the retail and restaurant uses, and the off-street parking to be provided for those uses. The amended Development Agreement will remain in effect for a period not to exceed five (5) years following the completion date of the proj ect and includes the following main provisions: ❑ Establishes that the term "Project" means, generally, the development and construction of a 39,229 square feet retail/commercial project with 44 parking spaces, and a commercial parking garage containing 300 parking spaces open to the public; ❑ Separates the project into a Retail Unit(s) (total of 43,025 square feet of retail/commercial floor area on the ground floor consisting of approximately 34,007 square feet of retail space [does not include the Beach Walk Thru Area], 9,018 square feet of restaurant space and 44 parking spaces on the second floor); and ❑ Includes the formation of a three-unit condominium for the project consisting of a Parking Unit and two (2) Retail Units, one of which will include approximately 9,018 square feet of restaurant space and the other of which will include the remainder of the Retail Unit (approximately 34,007 square feet of retail space, the Beach Walk Thru Area, and 44 parking spaces). The CDB has been provided with the most recent copy of the proposed Second Amendment to the Development Agreement. Community Development Board — February 15, 2010 �va2oio-i2ooi —Page 2 of3 Item # 12 Attachment number 1 Page 3 of 3 The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 6, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findin�s of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.99 acres is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; and 3. That the development proposal is subject to the requirements of Beach by Design and the Design Guidelines contained therein as the property is located within the Beach Walk character district. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the amended Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2010-12033); 2. That the amended Development Agreement complies with the standards and criteria of Community Development Code Section 4-606; 3. That the amended Development Agreement is consistent with and furthers the Visions, Goals, Obj ectives and Policies of the Comprehensive Plan; and 4. That the amended Development Agreement is consistent with the Visions, Goals, Obj ectives and Policies of Beach by Design and the Beach Walk character district. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Second Amendment to a Development Agreement between L.O.M Inc. (the property owner) and the City of Clearwater as per Beach by Design and Community Development Code Section 4-606, for the property at 311 S. Gulfview Boulevard. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENTS: Development Agreement with E�ibits; Location Map; Aerial Map; Future Land Use Map; and Zoning Map S: IPlanningDepartmentlCD BIFLEX (FI,D)IPendz�ng casesl Up for the next CDBIDT�A2010-12001 - Gulfview S 311 SurfStyle (T) 2011 02-IS - RTIDT/A Staff �Report 2011 02-I5. docx Community Development Board — February 15, 2010 DVA2010-12001 — Page 3 of 3 It@I'1'1 # 12 Attachment number 2 Page 1 of 4 This instrument prepared by or under the supervision of: Name: Nancy B. Lash, Esq. Address: Greenberg Traurig, P.A. 333 Avenue of the Americas (333 S.E. 2°a Avenue) Miami, Florida 33131 SECOND AMENDMENT TO AGREEMENT FOR DEVELOPMENT OF PROPERTY (SURF STYLE CONDOMINIUM PROJECT) TffiS SECOND AMENDMENT TO AGREEMENT FOR DEVELOPMENT OF PROPERTY (SURF STYLE CONDOMINIUM PROJECT) (this "Second Amendment"), executed as of the day of , 2011, is by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "Citv"), and L.O.M., INC., a Florida corporation ("Developer"). RECITALS: A. City and Developer are parties to that certain Agreement for Development of Property (Surf Style Condominium Project) dated as of February 18, 2010 and recorded in Official Records Book 16836, Page 1817 in the Public Records of Pinellas County, Florida, as amended by First Amendment to Agreement for Development of Property (Surf Style Condominium Project) executed as of October 25, 2010 and recorded in Official Records Book 17072, Page 504 in the Public Records of Pinellas County, Florida (as so amended, the "Development A�reement"). B. City and Developer wish to amend the Development Agreement as set forth herein. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals; Definitions. The foregoing Recitals are true and correct and are hereby incorporated by reference. All capitalized terms not defined herein shall have the meanings given such terms in the Development Agreement. 2. Pro�L. The first sentence of Section 1.01(23) of the Development Agreement is hereby amended and restated in its entirety as follows: ""Project" means, generally, the development and construction of a 39,229+/- square foot retail/commercial project with 44 parking spaces, and a commercial parking garage containing 300 parking spaces open to the public, as described in Section 2.03(1) of this Agreement." 1 Item # 12 Attachment number 2 Page 2 of 4 3. Retail Unit(s). The first sentence of Section 2.03(1)(a) of the Development Agreement is hereby amended and restated in its entirety as follows: "Retail Unit(s): 39,229+/- square foot retail/commercial unit(s) on the ground floor of the building consisting of approximately 30,211 square feet of retail space and 9,018 square feet of restaurant space, together with a delivery area and approximately 44 parking spaces on the second floor of the building (collectively, the "Retail Unit(s)")." All references in the Development Agreement to the number of parking spaces included in the Retail Unit(s) shall be modified to refer to 44 parking spaces (in lieu of 49 parking spaces). 4. Formation of Condominium. The first sentence of Section 2.03(2) of the Development Agreement is hereby amended and restated in its entirety as follows: "The Developer shall create a three-unit commercial condominium for the Project consisting of the above-described Parking Unit and two (2) Retail Units, one of which will include approximately 9,018 square feet of restaurant space and the other of which will include the remainder of the Retail Unit as described above (i.e., approximately 30,211 square feet of retail space, 44 parking spaces and the delivery area)." 5. "Conceptual Plans". The Conceptual Plans as included as Exhibit B are herby amended and replaced with the attached Exhibit A of this Amendment. 6. Counterparts; E-Mail Delivery. This Second Amendment may be (a) executed in any number of counterparts, each of which shall be deemed an original, but a complete set of which shall constitute one and the same document and (b) executed and delivered via e-mail in PDF format, and a PDF copy shall for all purposes be deemed an original. 7. Non-Conflictin� Terms. This Second Amendment shall be part of and take precedence over any provisions to the contrary contained in the Development Agreement. All terms of the Development Agreement that are not in conflict with the terms hereof shall remain in full force and effect. 8. Bindin� Effect. This Second Amendment shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment as of the date set forth above. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE] 2 Item # 12 Countersigned: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney STATE OF FLORIDA COUNTY OF ) ) ) Attachment number 2 Page 3 of 4 CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation : Attest: William B. Horne II City Manager Cynthia E. Goudeau City Clerk L.O.M., INC., a Florida corporation By:_ Name: Title: The foregoing instrument was acknowledged before me this day of , 2011 by , as of L.O.M., INC, a Florida corporation, on behalf of the corporation. 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V.....�: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �:�: � �: ��: � � �� :��: :�: : :�: o. .�:�: _ :�C�j:��:z�:cp�.�.�. :::o::�:::::: p�..:.:. ' .f�. .w. . . �j. . . . .�.N�.U..:.:.� ��.�.�. Q . ' . . �'Q' �' �' �Q:.:�.�:.' .' . . �. . . �'.' .'(��.' .:.�:. w�.'.'. .'M'. �:.:.:. ...��:/'`1:.'.'. . : . : . : . : . : . :��r : . �: . : . : . . `�. . . N � � � N ti J W � �: i�. 0 � � W U Q � � 0 � �� __� � ; __.I L� � .....___�. �� .■ J � i i II� � � � E � ■i {RG � --•. t�'} Attachment number 5 Page 1 of 1 RESOLUTION NO. 11-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND L.O.M., INC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and L.O.M., Inc., entered into a development agreement dated February 18, 2010 and recorded on February 22, 2010, which was amended on October 5, 2010; and WHEREAS, the City of Clearwater is desirous of amending the development agreement with L.O.M., Inc.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section1. The Second Amendment to the Development Agreement between the City of Clearwater and L.O.M., Inc., a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of , 2011. Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Resolution 11-07 Item # 12 Attachment number 6 Page 1 of 3 December 16, 2009 Alex Azan, P.E. Keith Zayac & Associates, Inc. 14001 63rd Way North Clearwater, Florida 33760 RE: Development Order — Case No. FLD2009-09032 311 S. Gulfview Boulevard (including 305, 309 and 315 S. Gulfview Boulevard and 320 Coronado Drive) Dear Mr. Azan: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On December 15, 2009, the Community Development Board reviewed your request for (1) Fle�ble Development approval to permit Retail Sales and Services of 34,183 square feet of floor area, a Restaurant of 6,887 square feet of floor area and a Parking Garage of 349 parking spaces (including 48 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 301 public parking spaces) with a lot area of 43,543 square feet, a lot width of 180 feet on S. Gulfview Blvd. (west) and 174 feet on Coronado Drive (east), a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), a side (north) setback of 0.2 feet (to building) and 0.9 feet (to sidewalk), a side (south) setback of zero feet (to building), a building height of 59.5 feet (to highest parking deck) and 349 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the Community Development Code (CDC) Section 2-803.C; (2) a reduction to the required foundation landscape area from five to four feet along the east side of the building and a reduction to the required foundation landscape area from five to zero feet along the west side of the building, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G; and (3) Vacation of the east 35 feet of S. Gulfview Boulevard. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findin�s of Fact: 1. The 0.99 acres is located between S. Gulfview Boulevard and Coronado Drive approximately 200 feet south of Third Street; 2. The proposal includes the vacation of 35 feet of the existing S. Gulfview Boulevard right-of-way; 3. The proposal includes the construction of retail sales uses of 34,183 square feet of floor area, a restaurant use of 6,887 square feet of floor area and a parking garage of a total of 349 parking spaces (which includes 48 accessory parking spaces for the retail sales and restaurant uses and 301 public parking spaces); Item # 12 Attachment number 6 Page 2 of 3 December 16, 2009 Azan — Page 2 4. A companion Development Agreement (DVA2009-00004) that must be approved by City Council is also on this CDB agenda, which provides for specific parameters ofthe project, the project financing, the project approval and commencement of construction timing provisions and other design considerations; 5. The proposal includes a parking reduction from the required 243 spaces to 48 spaces, which is supported by a Parking Reduction Study; 6. The proposal includes, and is contingent upon, the construction of a wave dissipating wall within the S. Gulfview Boulevard right-of-way that would provide for a Flood Zone map change from a VE- Zone to an AE-Zone, which must be constructed and given final approval by FEMA prior to the issuance of any building permit for the building; 7. The proposal includes setback reductions from all property lines; 8. The proposed building is 59.5 feet to the highest parking deck (west side), which is less than what could be requested and is compatible with the surrounding existing, approved or anticipated building heights; 9. The upper levels (2"d through St'') of the east side of the building (the parking garage portion) will project/cantilever approximately nine feet eastward toward the Coronado Drive travel lanes at a 1.4- foot setback from the east property line, where such building projection will be noticeable to motorists and pedestrians on Coronado Drive; and 10. There are no active Code Enforcement cases for the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Tables 2-801.1, 2-802 and 2- 803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-803.0 of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is consistent with the Design Guidelines of Beach by Design. Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2009-00004); 2. That approval of this Flexible Development case be subject to the vacation by City Council of a 35- foot portion of S. Gulfview Boulevard; 3. That approval of this Flexible Development case be subject to the approval by FEMA of a Flood Zone map change for the subject property to an AE-Zone; 4. That commencement of construction occur by the date as set out in Development Agreement DVA2009-00004; 5. That, prior to the issuance of any permit, a Declaration of Unity of Title be recorded in the public records; 6. That the final design and color of the building be consistent with the elevations approved by the CDB; 7. That, prior to the issuance of a Certificate of Occupancy, an easement be recorded for that portion of the deceleration lane and the public sidewalk that is located on the subject property; 8. That, in the event the number of dumpsters be inadequate to handle the trash demand of this development and/or the storage area for the dumpsters be of inadequate size, any additional dumpsters be located within a properly screened area acceptable to the City; Item # 12 Attachment number 6 Page 3 of 3 December 16, 2009 Azan — Page 3 9. That, prior to the issuance of any permits, a Right-Of-Way Permit be obtained to allow placement of foundation landscaping within the S. Gulfview Boulevard right-of-way; 10. That, prior to the issuance of the building permit, plans be revised to show mirrors and/or other devices to aid motorists with blind spots in the parking garage; 11. That an emergency power source be included in the parking garage and be designed to provide power for all garage lighting, one elevator and the parking access and revenue control system; 12. That, prior to the issuance of the building permit, screening of outside mechanical equipment comply with Code provisions; 13. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be shown and, if located e�terior to the building where visible from adjacent roadways, be painted the same color as the building; 14. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 15. That, prior to the issuance of any permit, all requirements of the General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. Pursuant to Section 4-407, an application for a building permit shall be made within the time frame set out in Condition #4 above. All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building�ermit must be obtained within six months of the initial permit a�lication. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on December 29, 2009 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. You can access zoning information for parcels within the City through our website: www.m��clearvvaier.co�rnf ov�de�ts��lar�ilin�. Sincerely, Michael Delk, AICP Planning Director S:IPlanningDepartmentlCD BIFLEX (FI,D)Ilnactive orFinishedApplicationslGulfview S 0311 SurfStyle Parking Garage (T) 200912 - Approved - WWICiulfview S 0311 FI,D Development Urder 1216.09.doc Item # 12 Attachment number 7 Page 1 of 3 February 15, 2011 Andrew Goulish Finfrock Construction, Inc. 2400 Apopka Boulevard Apopka, FL 32703 RE: Development Order — FLD2010-12033 311 S. Gulfview Boulevard Dear Mr. Goulish: This letter constitutes a Development Order pursuant to Community Development Code (CDC) Section 4-206.D.6. On February 15, 2011, the Community Development Board (CDB) reviewed your request for Flexible Development approval to permit Retail Sales and Services of 34,007 square feet of floor area, a Restaurant of 9,018 square feet of floor area and a Parking Garage of 344 parking spaces (including 44 accessory parking spaces for the Retail Sales and Services and Restaurant uses and 300 public parking spaces) with a lot area of 43,543 square feet, a lot width of 180 feet on S. Gulfview Blvd (west) and 174 feet on Coronado Drive (east), a front (west) setback of zero feet (to building), a front (east) setback of 1.4 feet (to building), a side (north) setback of 0.2 feet (to building) and 0.9 feet (to sidewalk), a side (south) setback of zero feet (to building), a building height of 59.5 feet (to highest parking deck) and 344 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of the CDC Section 2-803.C. The CDB APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findin�s of Fact: 1. That the 0.99-acre subject property is located between S. Gulfview Boulevard and Coronado Drive, approximately 200 feet south of Third Street; 2. That the proposal includes the construction of 34,007 square feet of retail sales and services � 5 floor area (and Beach Walk Thru Area), 9,018 square feet of restaurant floor area, and a 344 space parking garage (44 spaces for the retail sales and services and restaurant uses, and 300 public parking spaces); That the proposed setbacks are consistent with those previously approved by the CDB as part of FLD2009-09032; That the proposed building height is consistent with that previously approved by the CDB as part of FLD2009-09032; That the proposed 344 off-street parking spaces constitutes a reduction of 5 spaces from the prior approval, which is supported by a Parking Reduction Study; Item # 12 Attachment number 7 Page 2 of 3 February 15, 2011 Development Order - FLD2010-12033 6. That there are no active Code Enforcement cases for the subj ect property; and 7. That a companion Second Amendment to the Development Agreement (DVA2010-12001) that must be approved by City Council is also on this CDB agenda, which provides for specific parameters of the proj ect. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Community Development Code Tables 2-801.1, 2-802 and 2-803; 2. That the development proposal is consistent with the Flexibility criteria as per Community Development Code Section 2-803.C; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Community Development Code Section 3-914.A; and 4. That the development proposal is consistent with the Design Guidelines of Beach by Design. Conditions of A�roval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2010-12001); 2. That the final design and color of the building be consistent with the architectural elevations approved by the CDB; 3. That, prior to the issuance of any building permits, any applicable Public Art and Design Impact Fee be paid; 4. That, prior to the issuance of any building permits, all site data and calculations denoted on the plans are revised to be consistent and correct; 5. That, prior to the issuance of any building permits, the plans are revised so that the graphic banner is set back two feet (2') from both sides of the recess along the west elevation; 6. That, prior to the issuance of a Certificate of Occupancy, an easement be recorded for that portion of the deceleration lane and the public sidewalk that is located on the subject property; 7. That, prior to the issuance of a Certificate of Occupancy, any electric equipment (electric panels, boxes and meters) located exterior to the building where visible from adjacent roadways, be painted the same color as the building; 8. That, in the event the number of dumpsters be inadequate to handle the trash demand of this development and/or the storage area for the dumpsters be of inadequate size, any additional dumpsters be located within a properly screened area acceptable to the City; and 9. That an emergency power source be included in the parking garage and be designed to provide power for all garage lighting, one elevator and the parking access and revenue control system. Pursuant to CDC Section 4-407, an application for a building permit or other approvals shall be made within one year of the date of Flexible Development approval (by February 15, 2012). All required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The buildin� permit must be obtained within six months of the initial permit a�lication. This timeframe to obtain the initial building permit may be extended for an additional six months for cause by the Community Development Coordinator. Time frames do not change with successive owners. The Community Development Coordinator may grant an Item # 12 Attachment number 7 Page 3 of 3 February 15, 2011 Development Order - FLD2010-12033 extension of time for the Flexible Development approval for a period not to exceed one year and only within the original period of validity. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. If you have any questions, please do not hesitate to call Robert G. Tefft, Development Review Manager, at 727-562-4539 or via email at robert.tefft(a�invclearwater.com. Sincerely, Michael Delk, AICP Planning Director S: IPlanning DepartmentlCD BIFLEX (FI,D)IPendz�ng casesl Up for the next CDBICiulfview S 311 Surf Style (T) 2011 02-I S- RTIDevelopment Order 2011 02-16.doc Item # 12 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Adopt Ordinance 8234-11 on second reading, annexing certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number'1 Page 1 of 5 ORDINANCE NO. 8234-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19 NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1809 AND 1836 DIANE DRIVE, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 AND 2791 DIANE TERRACE, 1724, 1765 AND 1772 EL TRINIDAD DRIVE EAST, 1704, 1721, 1724, 1725, 1728, 1733 AND 1737 EVANS DRIVE, 1721, 1724, 1747 AND 1750 GROVE DRIVE, 1717, 1740 AND 1747 LUCAS DRIVE, 1817 AND 1831 MARILYN DRIVE, 1813, 1819, 1824, AND 1831 SKYLAND DRIVE, 2740, 2751, 2759 AND 2770 TERRACE DRIVE, 1704, 1721, 1729, 1737 AND 1755 THOMAS DRIVE, TOGETHER WITH ABUTTING RIGHT OF WAY OF DIANE TERRACE, INTO THE CORPORATE �IMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit B have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See legal description attached hereto as Exhibit A. (ATA2010-09003) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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 properties. The City Engineer, the City Clerk and the Planning Director are directed to include and show the properties described herein upon the official maps and records of the City. Item # 13 Ordinance No. 8234-11 Attachment number 1 Page 2 of 5 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 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougal S es Rosemarie Call Assistant City A ey City Cferk Item # 13 Ordinance No. 823411 ADDRESS 1809 DIANE DR 1836 DIANE DR Exhibit A LEGAL DESCRIPTION ATA2010-09003 (Phase B ATAs) PROPERTY PARCEL ID (PC PID) OS-29-16-13554-010-0090 OS-29-16-13554-009-0160 Attachment number 1 Page 3 of 5 Lot 9, Block J, Lot 16, Block I, Cazlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2762 DIANE TERR 2763 DIANE TERR 2766 DIANE TERR 2767 DIANE TERR 2770 DIANE TERR 2771 DIANE TERR 2774 DIANE TERR 2775 DIANE TERR 2778 DIANE TERR 2779 DIANE TERR 2782 DIANE TERR 2783 DIANE TERR 2786 DIANE TERR 2787 DIANE TERR 2790 DIANE TERR 2791 DIANE TERR OS-29-16-21092-000-0160 OS-29-16-21092-000-0010 OS-29-16-21092-000-0150 OS-29-16-21092-000-0020 OS-29-16-21092-000-0140 OS-29-16-21092-000-0030 OS-29-16-21092-000-0130 OS-29-16-21092-000-0040 OS-29-16-21092-000-0120 OS-29-16-21092-000-0050 OS-29-16-21092-000-0110 OS-29-16-21092-000-0060 OS-29-16-21092-000-0100 OS-29-16-21092-000-0070 OS-29-16-21092-000-0090 OS-29-16-21092-000-0080 Lots 1 thru 16, Diane Heights Replat as Recorded in Plat Book 90 on page 5, of the Public Records of Pinellas County, Florida together with abutting right of way of Diane Tenace. 1724 EL TRINIDAD DR E. OS-29-16-94320-002-0070 1765 EL TRINIDAD DR E. OS-29-16-94320-001-0130 1772 EL TRINIDAD DR E. OS-29-16-94320-002-0150 West 100 Ft of Lot 13, Block 1, Lot 7 and Lot 15, Block 2 Virginia Grove Terrace as Recorded in Plat Book 37 on page 29, of the Public Records of Pinellas County, Florida. 1704 EVANS DR 1721 EVANS DR 1724 EVANS DR 1725 EVANS DR 1728 EVANS DR 1733 EVANS DR 1737 EVANS DR OS-29-16-94392-007-0020 OS-29-16-94392-006-0250 OS-29-16-94392-007-0070 OS-29-16-94392-006-0240 OS-29-16-94392-007-0080 OS-29-16-94392-006-0220 OS-29-16-94392-006-0210 Lots 2 and 3, Lots 7 and 8 Block 7, Lot 24, Lot 25, Lot 221ess North 15 Ft, North 7.5 Ft of Lot 23, Lot 21 and North 15Ft of Lot 22, Block 6, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75, of the Public Records of Pinellas County, Florida. Page 1 of 2 Item # 13 1721 GROVE DR 1724 GROVE DR 1747 GROVE DR 1750 GROVE DR 2759 TERRACE DR 2770 TERRACE DR ExhibitA OS-29-16-94338-002-0250 OS-29-16-94338-004-0070 OS-29-16-94338-002-0190 OS-29-16-94338-004-0130 OS-29-16-94338-004-0150 OS-29-16-94338-003-0030 Attachment number 1 Page 4 of 5 Lots 25 and 19, Block 2, Lot 3, Block 3, Lots 7, 13, and 15, Block 4, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62, of the Public Records of Pinellas County, Florida. 1717 LUCAS DR OS-29-16-94374-005-0260 1740 LUCAS DR OS-29-16-94374-006-0110 1747 LUCAS DR OS-29-16-94374-005-0190 Lots 26, 27, and 19, Block 5, Lot 11, Block 6, Virginia Grove Terrace Third Addition as Recorded in Plat Book 37 on page 74, of the Public Records of Pinellas County, Florida. 1817 MARILYN DR 1831 MARILYN DR 1813 SKYLAND DR 1819 SKYLAND DR 1824 SKYLAND DR 1831 SKYLAND DR OS-29-16-13554-008-0050 OS-29-16-13554-008-0030 OS-29-16-13554-009-0070 OS-29-16-13554-009-0060 OS-29-16-13554-008-0130 OS-29-16-13554-009-0040 Lot 5, Lot 3 less South 5 Ft, Lot 13, Block H, Lot 7, North 16 Ft of Lot 8, Lot 6, Lot 4, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2740 TERRACE DR 2751 TERRACE DR 1704 THOMAS DR 1721 THOMAS DR 1729 THOMAS DR 1737 T'HOMAS DR 1755 THOMAS DR OS-29-16-94356-003-0090 OS-29-16-94356-004-0160 OS-29-16-94356-005-0020 OS-29-16-94356-004-0250 OS-29-16-94356-004-0230 OS-29-16-94356-004-0210 OS-29-16-94356-004-0170 Lot 9, Block 3, Lots 16, 17, 21, 23 and 25, Block 4, Lot 2, Block S, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73, of the Public Records of Pinellas County, Florida Page 2 of 2 Item # 13 Attachment number 1 Page 5 of 5 �- , "+Y,• : � " WOOQRNI�G DR � p . . O �.�.�. w aa �m:y�1 � � � �� -' � � � � `� 1836 . � . � c�v N `�' '�, y"�, DiANE %ER ` _ O. ` �; � 1831 . �4 9831 n�O. c�'c Q n,. t�,, = _ O Q � . � � � � � � N �'s+� ;� � �' � 182 O � � � :• � 817 't819 . . � .. . ' � � � �� .. �8t3 �. 180J Q. �: , O _ ; ,': O : i ` ' �; ' MIiRMIlWGS1QE DR � ': _ , ' . �' : ;: c. o ,. n: rR. N TERRACE DR `� �` ' TERRACE. DR r�. n 1772 � � ` 9'7�55. O I � Q i 175d 76� ` z Q: , 1747 ; � ` 9747 W 97�40 �`p � �737. � 173i : � � � � 1733. � a O �� . W Q � W ��s � ,�zs � � � � 17�4 1�25 � 1724 � � Q � 1721 � 1721: 1721 w — V O 1717 � O Q k 1704 tY � 97b4 k, V W y SR 590 PROPOSED ANNEXATION Owner MULTIPLE OWNERS Case: DIANE AREA PHASE B: Multiple lots south of Sunset Point Property Size (Acres): $If@: Road, east of US 19 and north of SR 590 (see Rights-of-way (Acres) attachment) Land Use From: RL, P (Pinellas County Only) To: RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) EXHIBIT B � Atlas Page: ATA2010-09003 50 PARCELS @ 10.37 acres + 0.60 acres ROW Parcels—see attachment 264A Item # 13 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Adopt Ordinance 8235-11 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 6 ORDINANCE NO. 8235-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19, NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESSES ARE 1809 AND 1836 DIANE DRIVE, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790 AND 2791 DIANE TERRACE, 1724, 1765 AND 1772 EL TRINIDAD DRIVE EAST, 1704, 1721, 1724, 1725, 1728, 1733 AND 1737 EVANS DRIVE, 1721, 1724, 1747 AND 1750 GROVE DRIVE, 1717, 1740 AND 1747 LUCAS DRIVE, 1817 AND 1831 MARILYN DRIVE, 1813, 1819, 1824, AND 1831 SKYLAND DRIVE, 2740, 2751, 2759 AND 2770 TERRACE DRIVE, 1704, 1721, 1729, 1737 AND 1755 THOMAS DRIVE, TOGETHER WITH ABUTTING RIGHT OF WAY OF DIANE TERRACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) AND DRAINAGE FEATURE OVERLAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pr°nertv (See Attached Legal Descriptions - Exhibit A) (See Attached Legal Descriptions - Exhibit B) Land Use Cateqory Residential Low (RL) Residential Low (RL) and Drainage Feature Overlay The map attached as Exhibit C is hereby incorporated by reference. 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. 8234-11. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance No. 8235-11 Item # 14 Approved as to form: Leslie K. Doug 'des Assistant City Atto ey Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ordinance No. 8235-11 Attachment number 1 Page 2 of 6 Item # 14 ADDRESS 1809 DIANE DR 1836 DIANE DR Exhibit A Ordinance No. 8235-11 PINELLAS COUNTY PARCEL ID OS-29-16-13554-010-0090 OS-29-16-13554-009-0160 Attachment number 1 Page 3 of 6 Lot 9, Block J, Lot 16, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39 of the Public Records of Pinellas County, Florida. 2762 DIANE TERR 2763 DIANE TERR 2766 DIANE TERR 2767 DIANE TERR 2770 DIANE TERR 2771 DIANE TERR 2774 DIANE TERR 2775 DIANE TERR 2778 DIANE TERR 2779 DIANE TERR 2782 DIANE TERR 2783 DIANE TERR 2786 DIANE TERR 2787 DIANE TERR 2790 DIANE TERR 2791 DIANE TERR OS-29-16-21092-000-0160 OS-29-16-21092-000-0010 OS-29-16-21092-000-0150 OS-29-16-21092-000-0020 OS-29-16-21092-000-0140 OS-29-16-21092-000-0030 OS-29-16-21092-000-0130 OS-29-16-21092-000-0040 OS-29-16-21092-000-0120 OS-29-16-21092-000-0050 OS-29-16-21092-000-0110 OS-29-16-21092-000-0060 05-29-16-21092-000-0100 OS-29-16-21092-000-00'70 OS-29-16-21092-000-0090 OS-29-16-21092-000-0080 Lots 1 thru 16, Diane Heights Replat as Recorded in Plat Book 90 on page 5 of the Public Records of Pinellas County, Florida, together with abutting right of way of Diane Terrace. 1724 EL TRINIDAD DR E. OS-29-16-94320-002-0070 1765 EL T'RINIDAD DR E. OS-29-16-94320-001-0130 1772 EL TRINIDAD DR E. OS-29-16-94320-002-0150 West 100 Ft of Lot 13, Block 1, Lot 7 and Lot 15, Block 2 Virginia Grove Terrace as Recorded in Plat Book 37 on page 29 of the Public Records of Pinellas County, Florida. 1721 EVANS DR 1725 EVANS DR 1733 EVANS DR 1737 EVANS DR OS-29-16-94392-006-0250 OS-29-16-94392-006-0240 OS-29-16-94392-006-0220 OS-29-16-94392-006-0210 Lot 24, Lot 25, Lot 221ess North 15 Ft, North 7.5 Ft of Lot 23, Lot 21 and North 15Ft of Lot 22, Block 6, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75 of the Public Records of Pinellas County, Florida. 1721 GROVE DR OS-29-16-94338-002-0250 1724 GROVE DR OS-29-16-94338-004-0070 Item # 14 Attachment number 1 Page 4 of 6 1747 GROVE DR OS-29-16-94338-002-0190 1750 GROVE DR OS-29-16-94338-004-0130 2759 TERRACE DR OS-29-16-94338-004-0150 Lots 25 and 19, Block 2, Lots 7, 13, and 15, Block 4, Virginia Grove Tenace First Addition as Recorded in Plat Book 37 on page 62 of the Public Records of Pinellas County, Florida. 1717 LUCAS DR OS-29-16-94374-005-0260 1740 LUCAS DR OS-29-16-94374-006-0110 1747 LUCAS DR OS-29-16-94374-005-0190 Lots 26, 27, and 19, Block 5, Lot 11, Block 6, Virginia Grove Terrace Third Addition as Recorded in Plat Book 37 on page 74 of the Public Records of Pinellas County, Florida. 1817 MARILYN DR 1831 MARILYN DR 1813 SKYLAND DR 1819 SKYLAND DR 1824 SKYLAND DR 1831 SKYLAND DR OS-29-16-13554-008-0050 OS-29-16-13554-008-0030 OS-29-16-13554-009-0070 OS-29-16-13554-009-0060 OS-29-16-13554-008-0130 OS-29-16-13554-009-0040 Lot 5, Lot 31ess South 5 Ft, Lot 13, Block H, Lot 7, North 16 Ft of Lot 8, Lot 6, Lot 4, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39 of the Public Records of Pinellas County, Florida. 2751 TERRACE DR 1704 T'HOMAS DR 1721 THOMAS DR 1729 THOMAS DR 1737 THOMAS DR 1755 THOMAS DR OS-29-16-943 5 6-004-0160 OS-29-16-94356-005-0020 OS-29-16-94356-004-0250 OS-29-16-94356-004-0230 OS-29-16-94356-004-0210 OS-29-16-94356-004-0170 Lots 16, 17, 21, 23 and 25, Block 4, Lot 2, Block 5, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73 of the Public Records of Pinellas County, Florida. Item # 14 ADDRESS 1704 EVANS DR 1724 EVANS DR 1728 EVANS DR Exhibit B Ordinance No. 8235-11 PINELLAS COUNTY PARCEL ID OS-29-16-94392-007-0020 OS-29-16-94392-007-0070 OS-29-16-94392-007-0080 Attachment number 1 Page 5 of 6 Lots 7 and 8, Block 7, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75 of the Public Records of Pinellas County, Florida and lots 2 and 3, Block 7, Virginia Grove Terrace Fourth Addition as Recorded in Plat Book 37 on page 75 of the Public Records of Pinellas County, Florida. 2770 TERRACE DR OS-29-16-94338-003-0030 Lot 3, Block 3, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62 of the Public Records of Pinellas County, Florida. 2740 TERRACE DR OS-29-16-94356-003-0090 Lot 9, Block 3, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73 of the Public Records of Pinellas County, Florida. 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SR 590 FUTURE LA ND USE MA P Owner MULTIPLE OWNERS Case: DIANE AREA PHASE B: Multiple lots south of Sunset Point Property Size (Acres): $If@: Road, east of US 19 and north of SR 590 (see Rights-of-way (Acres) attachment) Land Use From: RL, P (Pinellas County only) To: RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) EXHIBIT C � Atlas Page: �� Q. O k �L�� '` ^ 4 y W� ��i ATA2010-09003 50 PARCELS @ 10.37 acres + 0.60 acres ROW Parcels—see attachment 264A Item # 14 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Adopt Ordinance 8236-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1809 and 1836 Diane Drive, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 2782, 2783, 2786, 2787, 2790, and 2791 Diane Terrace, 1724, 1765, and 1772 El Trinidad Drive East, 1704, 1721, 1724, 1725, 1728, 1733, and 1737 Evans Drive, 1721, 1724, 1747, and 1750 Grove Drive, 1717, 1740, and 1747 Lucas Drive, 1817 and 1831 Marilyn Drive, 1813, 1819, 1824, and 1831 Skyland Drive, 2740, 2751, 2759, and 2770 Terrace Drive, 1704, 1721, 1729, 1737, and 1755 Thomas Drive, together with abutting right of way of Diane Terrace, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 5 ORDINANCE NO. 8236-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED GENERALLY EAST OF US HIGHWAY 19 NORTH OF SR 590, AND SOUTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF SECTION 05, TOWNSHIP 29 SOUTH, RANGE 16 EAST , WHOSE POST OFFICE ADDRESSES ARE 1809 AND 1836 DIANE DRIVE, 2762, 2763, 2766, 2767, 2770, 2771, 2774, 2775, 2778, 2779, 27$2, 2783, 2786, 2787, 2790 AND 2791 DIANE TERRACE, 1724, 1765 AND 1772 EL TRINIDAD DRIVE EAST, 1704, 1721, 1724, 1725, 1728, 1733 AND 1737 EVANS DRIVE, 1721, 1724, 1747 AND 1750 GROVE DRIVE, 1717, 1740 AND 1747 LUCAS DRIVE, 1817 AND 1831 MARILYN DRIVE, 1813, 1819, 1824, AND 1831 SKYLAND DRIVE, 2740, 2751, 2759 AND 2770 TERRACE DRIVE, 1704, 1721, 1729, 1737 AND 1755 THOMAS DRIVE, TOGETHER WITH ABUTTING RIGHT OF WAY OF DIANE TERRACE, 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: Pro e See attached legal description, Exhibit A (ATA2010- 09003) Zoning District Low Medium Density Residential (LMDR) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Seetion 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8234-11. Item # 15 Ordinance No. 8236-11 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: ., Leslie K. Dou Sides Rosemarie Call Assistant City rney City Clerk Attachment number 1 Page 2 of 5 Item # 15 Ordinance No. 8236-11 ADDRESS 1809 DIANE DR 1836 DIANE DR LEGAL DESCRIPTION ATA2010-09003 (Phase B ATAs) PROPERTY PARCEL ID (PC PID) OS-29-16-13554-010-0090 OS-29-16-13554-009-0160 Attachment number 1 Page 3 of 5 Lot 9, Block J, Lot 16, Block I, Cazlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2762 DIANE TERR 2763 DIANE TERR 2766 DIANE TERR 2767 DIANE TERR 2770 DIANE TERR 2771 DIANE TERR 27'74 DIANE TERR 2775 DIANE TERR 2778 DIANE TERR 2779 DIANE TERR 2782 DIANE TERR 2783 DIANE TERR 2786 DIANE TERR 2787 DIANE TERR 2790 DIANE TERR 2791 DIANE TERR OS-29-16-21092-000-0160 OS-29-16-21092-000-0010 OS-29-16-21092-000-0150 OS-29-16-21092-000-0020 OS-29-16-21092-000-0140 OS-29-16-21092-000-0030 OS-29-16-21092-000-0130 OS-29-16-21092-000-0040 OS-29-16-21092-000-0120 OS-29-16-21092-000-0050 05-29-16-21092-000-0110 OS-29-16-21092-000-0060 OS-29-16-21092-000-0100 OS-29-16-21092-000-0070 OS-29-16-21092-000-0090 OS-29-16-21092-000-0080 Lots 1 thru 16, Diane Heights Replat as Recorded in Plat Book 90 on page 5, of the Public Records of Pinellas County, Florida together with abutting right of way of Diane Terrace. 1724 EL TRINIDAD DR E. OS-29-16-94320-002-0070 1765 EL TRIrTIDAD DR E. OS-29-16-94320-001-0130 1772 EL TRINIDAD DR E. OS-29-16-94320-002-0150 West 100 Ft of Lot 13, Block 1, Lot 7 and Lot 15, Block 2 Virginia Grove Terrace as Recorded in Plat Book 37 on page 29, of the Public Records of Pinellas County, Florida. 1704 EVANS DR 1721 EVANS DR 1724 EVANS DR 1725 EVANS DR 1728 EVANS DR 1733 EVANS DR 1737 EVANS DR OS-29-16-94392-007-0020 OS-29-16-94392-006-0250 OS-29-16-94392-007-0070 OS-29-16-94392-006-0240 OS-29-16-94392-007-0080 OS-29-16-94392-006-0220 OS-29-16-94392-006-0210 Lots 2 and 3, Lots 7 and 8 Block 7, Lot 24, Lot 25, Lot 221ess North 15 Ft, North 7.5 Ft of Lot 23, Lot 21 and North 15Ft of Lot 22, Block 6, Virginia Grove Tenace Fourth Addition as Recorded in Plat Book 37 on page 75, of the Public Records of Pinellas County, Florida. Exhibit A Page 1 of 2 Item # 15 1721 GROVE DR 1724 GROVE DR 1747 GROVE DR 1750 GROVE DR 2759 TERRACE DR 2770 TERRACE DR 05-29-16-94338-002-0250 OS-29-16-94338-004-0070 OS-29-16-94338-002-0190 OS-29-16-94338-004-0130 OS-29-16-94338-004-0150 OS-29-16-94338-003-0030 Attachment number 1 Page 4 of 5 Lots 25 and 19, Block 2, Lot 3, Block 3, Lots 7, 13, and 15, Block 4, Virginia Grove Terrace First Addition as Recorded in Plat Book 37 on page 62, of the Public Records of Pinellas County, Florida. 1717 LUCAS DR OS-29-16-94374-005-0260 1740 LUCAS DR OS-29-16-94374-006-0110 1747 LUCAS DR OS-29-16-94374-005-0190 Lots 26, 27, and 19, Block 5, Lot 11, Block 6, Virginia Grove Terrace Third Addition as Recorded in Plat Book 37 on page 74, of the Public Records of Pinellas County, Florida. 1817 MARILYN DR 1831 MARILYN DR 1813 SKYLAND DR 1819 SKYLAND DR 1824 SKYLAND DR 1831 SKYLAND DR OS-29-16-13554-008-0050 OS-29-16-13554-008-0030 OS-29-16-13554-009-0070 OS-29-16-13554-009-0060 OS-29-16-13554-008-0130 OS-29-16-13554-009-0040 Lot 5, Lot 3 less South 5 Ft, Lot 13, Block H, Lot 7, North 16 Ft of Lot 8, Lot 6, Lot 4, Block I, Carlton Terrace First Addition as recorded in Plat Book 43 on Page 39, of the Public Records of Pinellas County, Florida. 2740 TERRACE DR 2751 TERRACE DR 1704 THOMAS DR 1721 THOMAS DR 1729 THOMAS DR 1737 THOMAS DR 1755 THOMAS DR OS-29-16-94356-003-0090 OS-29-16-94356-004-0160 OS-29-16-94356-005-0020 OS-29-16-94356-004-0250 OS-29-16-94356-004-0230 OS-29-16-94356-004-0210 OS-29-16-94356-004-0170 Lot 9, Block 3, Lots 16, 17, 21, 23 and 25, Block 4, Lot 2, Block 5, Virginia Grove Terrace Second Addition as Recorded in Plat Book 37 on page 73, of the Public Records of Pinellas County, Florida Page 2 of 2 Item # 15 Attachment number 1 Page 5 of 5 �- , "+Y,• : � " WOOQRNI�G DR � p . . O �.�.�. w aa �m:y�1 � � � �� -' � � � � `� 1836 . � . � c�v N `�' '�, y"�, DiANE %ER ` _ � � . ` � � 1�:31 . �� 983�1 � � ti°. c4''c Q n.� ��,, , O Q. � � . � � � � � �N �'s+� � y, �' � 182 L il p ? � � � � 8�7 �819 � M � � � � �8t3 � � 1809 �.: ,-� O , 44 O' ;' . ;- ' �. ' MDRMIIWGSIQE DR � ': � -: L R L R Q � � � ` N TERRACE DR `w �„ L IERRACE. DR h n � 1772 � 9'7�55 .. O I _ � Q 175d � 76� z Q: c; 1747 : . � 9747 ` W 97�40 �`p � � �737. L R � 173i : � � p � � 1733. � O Q � W ��s � ,�zs � O-; � � 17�4 1�25. � L jl 1724 � � Q � 1721 : � 1721: 1721 w. V 0 .. 1717 , - Q O k 1704 � O ��o� L R k, ; c�i - W y SR 590 ZONING MAP Owner MULTIPLE OWNERS Case: DIANE AREA PHASE B: Multiple lots south of Sunset Point Property Size (Acres): $If@: Road, east of US 19 and north of SR 590 (see Rights-of-way (Acres) attachment) Land Use From: RL, P (Pinellas County Only) To: RL, Drainage Feature Overlay (City) Zoning R-3 (County) LMDR (City) EXHIBIT B � Atlas Page: ATA2010-09003 50 PARCELS @ 10.37 acres + 0.60 acres ROW Parcels—see attachment 264A Item # 15 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Adopt Ordinance 8246-11 on second reading, amending the Code of Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation; establishing minimum rate for non-resident fees and providing additional criteria in establishing the class of city residents for the purpose of applying fees. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 3 ORDINANCE NO. 8246-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SCHEDULE OF FEES, RATES AND CHARGES, AMENDING THE CODE OF ORDINANCES, APPENDIX A, SUBJECT XI, PARKS, BEACHES, RECREATION; ESTABLISHING A MINIMUM RATE FOR NON-RESIDENT FEES AND PROVIDING ADDITIONAL CRITERIA IN ESTABLISHING THE CLASS OF CITY RESIDENTS FOR THE PURPOSE OF APPLYING FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreation facilities and programs for the residents of the City; and WHEREAS, the City Council has established the criteria for the class of City residents for the purpose of imposing varying fees for residents versus nonresidents as users of City recreational facilities; and WHEREAS, there is a need to modify the enforcement of the surcharge factor to clarify the minimum amount due, which was established when first approved; and WHEREAS, the definition of Corporate memberships needs to be clarified and the inclusion of Silver Sneaker members added; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: XI. PARKS, BEACHES, RECREATION: Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005, nonresidents who wish to rent or use City recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the Parks and Recreation Director: (a) Nonresidents: Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharge factor = Individual non-resident yearly fee [�]T � .II'fTii�a►[.7E:3�z�.'�ifil Item # 16 Attachment number 1 Page 2 of 3 (b) Annual nonresident family fees: Individual nonresident yearly fees x 2.5 = Annual nonresident family fee. (c) Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, and/or admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) (d) Surcharge factor. Surcharge factor is established and adjusted by the City Manager or his or her designee in order to address the economic climate. A current fee schedule including the surcharge factor shall be set out in parks and recreation departmental policies. (e) Minimum rate: The minimum nonresident fee established by City Council is $180 per person. If and when the formula yields a hiqher fee, that fee becomes the new minimum fee. (2) The criteria which establish the class of City residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the City. (b) Ownership of real property within the incorporated boundaries of the City, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the City as evidenced by a motel key or another resident member; (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); (g) Full Time employees or clients of the Upper Pinellas Association for Retarded Citizens (UPARC), for the use of the Long Center facility and programs only; [�]T � .II'fTii�a►[.7E:3�z�.'�ifil Item # 16 Attachment number 1 Page 3 of 3 (h) Corporate memberships to City wellness proqrams at City facilities funded by businesses or employees of government institutions (fnr hi,�,,,o��o� within the incorporated boundaries of the City)�"�horo +ho firo4 4on momhorohir�o „f �ho nnrr�nro�inn oro r�oir! oc or�r�linohlo nnn_rocirlon� foor �ho olo�ion�h � momhorchir� onr! n�ior oro nnncirloror! roci�Joni momhorchir�c �nii�h or�r�linohlo rocirlon� fooc hoinn or�r�lior!• i (3) Nonresidents who wish to rent a City recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. (5) Notwithstandinq any provisions herein to the contrary, members of any proqram coordinated by the City throuqh a third-party contractual aqreement shall be permitted to participate in recreational proqrams at city recreational facilities in accordance with, and to the extent of, the terms and conditions of said contract. 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: Laura Lipowski Mahony Assistant City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk [�]T � .II'fTii�a►[.7E:3�z�.'�ifil Item # 16 Work Session Council Chambers - City Hall Meeting Date:3/15/2011 SUBJECT / RECOMMENDATION: Amend Section 2.251, Code of Ordinances, Sister Cities Advisory Board Composition and pass Ordinance 8250-11 on first reading. SUMMARY: At the Council Work Session on February 15, 2011, Council directed an amendment to the Sister Cities Advisory Board Composition ordinance to provide that the representative from Clearwater Sister Cities, Inc. is not required to be a resident of the City of Clearwater. Review Approval: 1) Lega12) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 17 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8250-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMPOSITION OF THE SISTER CITIES ADVISORY BOARD TO PROVIDE THAT THE REPRESENTATIVE OF CLEARWATER SISTER CITIES, INC. IS NOT REQUIRED TO BE A RESIDENT OF THE CITY; PROVIDING AN EFFECTIVE DAT E. WHEREAS, the Sister Cities Advisory Board advises the City Council on issues regarding the Sister Cities Program; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.251, Clearwater Code of Ordinances, is hereby amended as follows: Sec. 2.251. Composition. The sister cities advisory board shall consist of six members; one member of the city council, a representative of the local business community, the School Board's World Language Coordinator or designee, a Clearwater Sister Cities Inc. representative, a Clearwater Arts Foundation representative, and a youth member who shall be nineteen years old or younger. Representatives of the Clearwater Sister Cities Inc. and Clearwater Arts Foundation shall be nominated by their respective organizations. Section 2.063, Code of Ordinances notwithstanding, the representatives of Clearwater Sister Cities, Inc., the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundation representative shall not be required to reside within the City of Clearwater. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Pamela K. Akin City Attorney Frank V. Hibbard Mayor Attest: Rosemarie Call City Clerk Ordinance Nol��# 117 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Approve a subordination agreement in favor of BB and T and approve the modification of the City's reverter on the Clearwater Marine Aquarium Property and authorize the appropriate officials to execute same. SUMMARY: At the January 13, 2011, City Council authorized negotiation and drafting of a subordination agreement and modification of the reverter rights held by the City in a portion of the Clearwater Marine Aquarium Property. BB and T is requesting that the city agree to subordinate its reverter interest to up to $8.6 million dollar loan. The subordination Agreement provides among other things that: The City subordinate its reverter rights applicable to Parcel 1 to BB and T's mortgage of $8,600,000. As presently drafted, the Subordination Agreement precludes any action on behalf of the city to enforce the reverter or other restrictions on the property unless the city first pays off the existing indebtedness on the Aquarium. In return for the City's subordination, BB and T will provide the City with the right of first refusal to acquire its first mortgage position and/or title, if applicable, to Parcels 1, 2 and 3, should the City elect to exercise its reverter rights by paying off the existing indebtedness in the event of the Aquarium's default or demise. In addition, the subordination agreement will include provisions preventing additional loans secured by these parcels and will include prohibitions on the replenishment of the debt as the outstanding balance is paid down, absent City approval. (The $8,600,000 loan is at a 1.79% interest rate, twenty-year amortization, with a ten-year balloon). The City will have no obligation to purchase the mortgage, nor is the City guaranteeing any debt. Should the Aquarium fail and/or default on the outstanding indebtedness, and BB and T pursues its mortgage rights, the City would have the option to either obtain control of the entire CMA campus (all Parcels) in return for payment of the then existing debt balance, or waive this option, with BB and T then able to proceed with foreclosure on the Parcels. Review Approval: 1) Office of Management and Budget 2) Clerk 3) Assistant City Manager 4) City Manager Cover Memo Item # 18 Attachment number 1 Page 1 of 2 MODIFICATION OF DEED The deed from City of Clearwater to Clearwater Marine Science Center, n/k/a Clearwater Marine Aquarium, dated September 12, 1986 and recorded in Official Records Book 6319, Page 799, conveying the property described as follows: From the Southwesterly corner of Tract A of Unit 2, Island Estates of Clearwater (Plat Book 47, pages 19A and 20, Public Records of Pinellas County, Florida), run N 49° 23'41" W, along the Northerly right-of-way line of Clearwater Causeway, 575.00 feet for a Point of Beginning; thence continue N 49°23'41" W, along same line, 482.00 feet; thence run S 40°36'19" W, 147.50 feet along the outer face of a seawall; thence 94.26 feet along a curve to the left, along said face, Radius 60.00 feet, internal angle 90°00'00"; thence S 49°23'41" E, 362.00 feet along said face; thence 94.26 feet along a curve to the left, along said face, Radius 60.00 feet, internal angle 90°00'00"; thence N 40°36'19" E, 147.50 feet to the Point of Beginning. (the "Property") Is hereby modified by amending Exhibit B to said deed as follows: RESTRICTIONS AND LIMITATIONS SUBJECT TO THE FOLLOWING: The party of the second part and its successors and assigns shall devote the use of the lands conveyed herein solely to the expansion of the Clearwater Marine Aquarium, f/k/a Clearwater Marine Science Center facility, and if any portion of the lands conveyed herein should ever be used for any purpose other than a Marine Science Center, not for profit, the title of said lands conveyed herein shall automatically revert to the City of Clearwater, subject to any liens or encumbrances thereon. The City of Clearwater shall have the option to satisfy any liens and encumbrances on said lands, but not the obligation to do so. ALSO SUBJECT TO THE FOLLOWING: Neither the party of the second part nor its successors or assigns shall ever permit the Property to be encumbered by any mortgage lien or other lien or liens for any amount without the express authorization of the City. This provision shall be a covenant running with the land, the breach of which shall result in a reversion of the property to the City of Clearwater free and clear of all liens and encumbrances except those authorized by the City of Clearwater. SUBJECT TO all covenants and restrictions of record, including an easement deed in favor of Florida Power Corporation a recorded on July 12, Exhibit B Item # 18 Attachment number 1 Page 2 of 2 1984, in Official Records Book 5801, page 2016, of the Public Records of Pinellas County, Florida. Countersigned: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Attest: Rosemarie Call City Clerk CLEARWATER MARINE AQUARIUM, INC. : Its Attest: Page 2 Exhibit B Item # 18 � Attachment number 2 Page 1 of 2 •�c�6rss� �u� �xoss��ns ��'� p�g �x�d �?u��as �� 3ca rS�zQt� af;� uocir� 6u�puiq s�t pci� `9$a�rgn6a�a�s� -� et �ad� '�'p�xo'�.1 3o snt��j ' S �E -'9fl a��d�c�:� �q � ��.��Z��uY i��i� �� noq� t��a] �a� uozstn�z�i �a�xan�� at�,G .��;�� s ��r� �t�� c�t��u�r�u� �ca� ' TT�M��y �� o� s��o� �u�r sx��d �� o� ��'€x ��{� HZ�M ��f1J,��a� __ �L� sw�uu�6a� �fl �u-�o� �s�a o� �� o�•�st �� ,k��Fg�Aov � �n� a��aua �a�� ao�o� ' '� .�14,�Z�66 S��n� a�t�a�� 3 OS`9E '� ,��1 E9£a04 td un� ��c�ay� l�►��3 0�'�0£ '� ��[��£Zo�i6 � utxa €��uai�� t��a� A�'�£ ,M ,�{�l r9�.Q46 S u�rtx ��ua�q� :�� Z•`f3Z `3 �� t � F£Lo66 � un.� d�u�ta� : �a�3 q5 ` a� ! `b1 ��6 [ � 9� a06� � unat ��u��{� .��a� [lll' 6£ t 'A1 „lV�£�¢6b N unx ��i�a�� :��3 �t'0! `� �E8£t�6o�.E {� unx a��a�:� ;��a3 �L `9 t'M „�Z � 6 t oi5 t� u�� aauat{� �� Z' 6 't�� £ �S6�L� � u�zx a�u�y'� �a�� OQ'90� 'M «1� ��Zo66 �I un� , a�i�a�� Z� 6cirtu«��aag ;o �u�o� � ao� ��a3 00' 0� 'M ��61 � 9� c��,� aauac�� >�aa3 ��' l3 `�utY �w�� 6uo�� 'bi ,� E6 �£� �F4 N �nu��E�n� ��i�c;� 3��3 �0'SL� 'X�Ma�n�� xa��r�xsa�� o ata�Y ,C�M��c�..�c{��x �Sj�ia�;�xa� ��j� E?JiA�E3�M ��to��oe.��, urs� 'xa��r�.i�� x•�a�� s� �'��p�qtx��p �o ��uxda r{Ixa:��Mt��S ��es �� wax;3 � 6��xMC��Y�� ,bd��x� Ci�li! ��T � l� 6ttxuui6a�1 3�, �u�� ;�� '� ��61i9��,(}t�.N un,z ��u�l�� O�;OOo06 a��u��s��'�� DD'(i9 sr�'F��t� 'a��3 p'F�� fsuoj� `��i ��{� oa� .�n�n� � 6c�o'[�r ��3 9Z'6G unx aauac{� :��; �;�� huo�� z�� 00' Z9� `3 „! � ��Zo6b � unx a�uat�a f��Q� � OflQQfi ��bu� r�u.r��t '��a� 00'09 sn�� '�ae� ��s f�ci�i'{� '�3�T �E�� a� an�ctia e �uo�� 3 9Z'66 un� ��u�t��- �Y��M�a� � ;� fiuo ��a�� U�,'iVl 'M ��51 i��6�fI S unx a�u�i�� xa�no a�� i anu��ua� ;�}a�� [)0'l�6 '�uT� ��u�s 6uo�� M ��t6►£�o6b �,��,�asn�� a�u��'� � 1� �«�tic� rha� �o �uroa � Yo� '�� i106ua�� M�� l 4� EZ xaa�mx�art� �o a��r� �Cnc�--;��f{6r� ,{�[��{{��oN �� slx (�p�.�oY.� '��u€nc�� e�`Y�u�� o �pxp��it ��1�d jp�6pu� tt6l safi�ci 'L6 �taog ��Xct? z��Mx��Y� �° s�� T�� ►� �rc,� �a tl ��x,t, �o x�u�o� X�xa�s�My��b� a�{� �vna,� ara�--,{�uar�'� �t+�u�l ��o�,� ��u �A 6u't�x�ci :��Y�{an xo�nus ( Z� 1 t �M��TS xn� a�� xa; pue �s��a�� s►� sa��Y;�n `�b�uY�z.z� x`C h��dda:�d p�c�Ya�SaE� 6«;��r��CaJ ��{� aano xa:�u�x� �u� ��1 st1 �x�-u�u '� Q� J��4i� 0�`iV p��.� sr t�:�r�4� �u�u�asr�a a��t Y � Item # 18 �(�S� 3�t'��;�'t'�•;;�st � � � a { \ • m � i�. I o �� 41 �v, :� � a a� N I �' � � � � ° � w , � � A I� � � � m � I (►i �' ° � �\ �. � � � ; -� �, � � .� � � W. � �' p � A � � � N � � � W �' F ta � � � N � �as N 1� , OQi i '� A O O� Q � � � � � � ` UI Q r SO � ,44'9£ �' !� 3�6EL9E�pObti o {� ��. `lw w � � � �� A � �. �.hi ,0�'bEl 3„61,9£00� �J � � � � � en� „OU�04o06s4 •i a. ': ''�9Z'�BxV ,ao�os=a t ,09'l6[ �„6i,9Fo�b N 2 A � 0 � ! � A R1 N � O � � � � Ui 4 W # U�i W b � D x � li�Dlr�lfi�j� }p f��ll�9� �U�l�� {��i V I��l� '�0� �I,INS Attachment number 2 € Page 2 of 2 � � � � � � m ,�ion�ns o }au il t1�1f31�N � Item # 18 �Q� 3��d �� Attachment number 3 Page 1 of 7 PREPARED BY: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Branch Banking and Trust Company 28050 US Highway 19 N Clearwater, Florida 33761 Attn. Chip Falk Space above for Recorder's Use SUBORDINATION AGREEMENT This Agreement is made as of March , 2011, by and among the City of Clearwater, Florida ("City"), a municipal corporation under Florida law, Branch Banking and Trust Company ("Bank"), a North Carolina banking corporation having offices in the State of Florida, and Clearwater Marine Aquarium, Inc. (formally known as Clearwater Marine Science Center, Inc., "Owner"), a Florida non-profit corporation. Factual Backqround A. City executed a Deed of Conveyance (the "Deed") dated September 12, 1986, to Owner granting and conveying the real property described in Exhibit A attached hereto (the "Property") to Owner as more particularly described therein. The Deed was recorded on September 18, 1986 in the Public Records of Pinellas County in O.R. Book 6319, Page B. Owner has requested financing of $8,600,000 from Bank for improvements to the Property and adjacent real property owned by Owner pursuant to tax-exempt financing established under (i) a Loan Agreement dated as of December 1, 2010 between Owner and the Pinellas County Industrial Development Authority, a political subdivision and body corporate and politic of the State of Florida ("Authority") and (ii) a Bond Purchase Agreement dated as of December 29, 2010 among Owner, Authority and Bank (the "Bond Purchase Agreement"). C. Bank has purchased Authority's $8,600,000 Revenue Bond (Clearwater Marine Aquarium, Inc. Project), Series 2010 (the "Bond") pursuant to the terms of the Bond Purchase Agreement and the proceeds of the Bond are to be used by the Owner for the improvements to the Property and adjacent real property owned by the Owner. D. Owner has guaranteed to Bank the full and prompt payment and performance by Authority of all of Authority's obligations under the Bond pursuant to a Guaranty Agreement dated as of December 1, 2010 (the "Guaranty Agreement") between Owner and Bank. E. The Guaranty Agreement is secured by, among other things, a Mortgage of Real Estate and Security Agreement dated as of December 1, 2010 and recorded in the Clerk of Court, Pinellas County Florida in Official Records Book 17129, Page 1391 (as amended or supplemented from time to time, including the amendment described below, the "Bank Security Instrument") covering real property of Owner adjacent to the Property. F. It is a condition to Bank's providing the tax-exempt financing under the Bond to Owner that the lien of the Bank Security Instrument shall be extended to cover the Property and that such lien shall at all times be prior and senior to the reversionary rights, restrictions and other limitations set forth in the Deed, including, but not limited to, the reversionary rights, restrictions and limitations set forth in the Public Records of Pinellas County at O.R. Book 6319, Page 801 (all such reversionary rights, restrictions and limitations referred to herein are collectively, the "Restrictions and Limitations"). G. Upon execution of this Agreement by the City, Owner will execute an amendment to the Bank Security Instrument in favor of Bank encumbering the Property to secure the Bond, the Guaranty CHAR2\1298254v5 -i- Item # 18 Attachment number 3 Page 2 of 7 Agreement and the Related Documents (as defined in the Guaranty Agreement) (collectively the Bond, the Guaranty Agreement and the Related Documents are referred to herein as the "Secured Obligations"). Aqreement Therefore, the parties agree as follows: 1. City hereby subordinates in favor of Bank the Restrictions and Limitations and does hereby expressly acknowledge the priority of the liens and security interests of the Bank Security Instrument over the Restrictions and Limitations and further agrees that the liens and security interests of the Bank Security Instrument shall unconditionally be and remain at all times a lien or charge on the Property prior and superior to the Restrictions and Limitations. 2. City understands that Bank would not purchase the Bond, advance proceeds of the Bond to or for the benefit of the Owner or enter into the Secured Obligations without this Agreement and that Bank is taking such actions in reliance upon, and in consideration of, the subordination and agreements provided in this Agreement. 3. City agrees and acknowledges that the provisions of the Bank Security Instrument and the Secured Obligations do not cause a default or violation on the part of the Owner under the Deed. City consents to the execution, delivery and performance by the Owner of the Bank Security Instrument and the grant of the liens and security interests under the Bank Security Instrument to secure the Secured Obligations, as the same may be amended from time to time. 4. The Owner agrees to use the proceeds of the Bond to finance improvements to the Property and adjacent real property owned by the Owner as provided in the Bond Purchase Agreement. City agrees and acknowledges that Bank, in making disbursements of the proceeds of the Bond, is under no obligation or duty to, nor has Bank represented that it will, see to the application of such proceeds by the person or persons to whom Bank disburses such proceeds and any application or use of such proceeds shall not defeat the subordination herein made in whole or in part. 5. City shall give Bank notice of any default by Owner under the Deed at the time such notice is given to Owner, and agrees to deliver to Bank copies of all further notices to Owner relating to such default. 6. As long as the Bond and the Secured Obligations are outstanding, City will not take any action to enforce the Restrictions and Limitations on the Property against the Bank or its successors and assigns. The Restrictions and Limitations shall continue in effect and be binding on the Owner, and in the event of a default by the Owner under the Restrictions and Limitations, the City may enforce its remedies available for such default, provided that the exercise of any such remedy by the City shall be subject to the Secured Obligations. Further, the reversion rights of the City shall not be effective in any manner to cause a reversion of the title to the Property to the City, unless (i) the City has repaid or caused to be repaid the outstanding principal and other amounts owing to the Bank by the Owner under the Bond, the Guaranty Agreement and Related Documents or (ii) the Bank has consented in writing to such reversion by the City, such written consent to be effective when recorded in the Public Records of Pinellas County, Florida in which the Deed is recorded. 7. Bank shall have the exclusive right to collect, foreclose upon, sell, transfer, liquidate or otherwise dispose of any and all collateral for the Secured Obligations, including the Property, in the manner deemed appropriate by Bank. City will not hinder Bank's actions in enforcing its remedies with respect to such collateral. The City agrees that in the event of any foreclosure or deed in lieu of foreclosure in connection with realization on the Property under the Bank Security Instrument, the transferee of the Property shall take title to the Property free and clear of the Restrictions and Limitations. 8. The Owner agrees that, without the prior written consent of the City, it will not grant any other liens or encumbrances secured by the Property, other than the Bank Security Instrument. The Bank CHAR2\1298254v5 -2- Item # 18 Attachment number 3 Page 3 of 7 agrees that (i) the Secured Obligations are not revolving obligations, (ii) no more than $8,600,000 in principal will be advanced under the Secured Obligations (provided that, after a default under the secured Obligations, the Bank may advance additional amounts necessary to protect and preserve the collateral as provided by the Guaranty Agreement, the Bank Security Instrument and the Related Documents), and (iii) that amounts repaid by the Owner on the Secured Obligations will not be re-advanced or re-loaned by the Bank to the Owner. 9. Notwithstanding the above, in the event (i) a default by the Owner or its successors and assigns occurs under the Bank Security Instrument which is not waived or cured to the satisfaction of the Bank and (ii) following such default the Bank determines to commence action to foreclose on the Property under the Bank Security Instrument or to request a deed in lieu of foreclosure from the Owner, then the Bank shall provide the City with written notice of its determination to commence such action or make such request (such notice a"Default Notice"). The City shall, for a period of sixty (60) days following the date of delivery of the Default Notice, have the right to either (1) acquire from Bank or its successors and assigns all of the Bank's right, title and interest in the Bond and Guaranty Agreement at a purchase price equal to the outstanding balance of principal, interest and other amounts due under the Bond and Guaranty Agreement on the date of such acquisition or (2) receive a deed in lieu of foreclosure from the Owner (which the Owner, at the direction of the Bank, agrees to provide) upon payment by the City to the Bank of a purchase price equal to the outstanding balance of principal, interest and other amounts due under the Bond and Guaranty Agreement on the date of such deed in lieu of foreclosure to be applied against such indebtedness. The rights of the City under this Section 9 shall terminate on the date sixty (60) days following the delivery to the City of the Default Notice. 10. City acknowledges that this Agreement shall extend to and benefit the successors, assigns and transferees of Bank. 11. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the subject matter contained in this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above written. City: Countersigned: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney CITY OF CLEARWATER, FLORIDA : William B. Horne II City Manager Attest: Rosemarie Call City Clerk CHAR2\1298254v5 -3- Item # 18 Attachment number 3 Page 4 of 7 Bank: BRANCH BANKING AND TRUST COMPANY By: _ Name: Title: Owner: CLEARWATER MARINE AQUARIUM, INC. By: Name: Title: STATE OF FLORIDA ) ) PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within-named CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, by , sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2011. (SEAL) Notary Public for Florida My Commission Expires: STATE OF FLORIDA ) ) PROBATE COUNTY OF ) PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within-named BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation, by , President, sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2011. (SEAL) Notary Public for Florida My Commission Expires: CHAR2\1298254v5 -4- Item # 18 STATE OF FLORIDA PROBATE COUNTY OF Attachment number 3 Page 5 of 7 PERSONALLY appeared before me, the undersigned witness and made oath that s/he saw the within-named CLEARWATER MARINE AQUARIUM, INC., a Florida corporation, by , sign, seal and as its act and deed, deliver the within-written instrument. Witness SWORN To and subscribed before me This day of , 2011. (SEAL) Notary Public for Florida My Commission Expires: CHAR2\1298254v5 -s- Item # 18 Attachment number 3 Page 6 of 7 EXHIBIT A ��RZ��z98zs4�r�� Item # 18 Attachment number 3 Page 7 of 7 Document comparison done by Workshare DeltaView on Tuesday, March 01, 2011 12:36:43 PM Item # 18 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Budget Hearing Dates - September 2011 SUMMARY: The first public hearing must be held between September 3rd and September 17�h Meeting Date:3/15/2011 Public hearings cannot be scheduled on the hearings dates of the Pinellas County Commission or School Board September 6 — County Commission September 13 — School Board September 15 — County Commission The City's current schedule for September City Council meetings is September 1S� and September 15�h. The Se�tember ls� Council meetin,� date does not fall within the TRIM calendar criteria, and the Se�tember 15�h date is in conflict with the County Commission meetin� O�tions 1) Reschedule both September City Council meetings to September 8�h and 22nd and hold the public hearings on those evenings. 2) Maintain the current City Council meeting schedule, and set special meeting dates for the budget public hearings. Note: The second public hearing must be held within 20 days of the first public hearing. Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk Cover Memo Item # 19 Work Session Council Chambers - City Hall Meeting Date:3/15/2011 SUBJECT / RECOMMENDATION: Review and provide direction regarding RFP (Request for Proposals) developed by staff for establishing a Red Light Running Program. SUMMARY: This is an RFP (Request for Proposals) developed by Traffic Operations Division of Engineering and the Police Department for submittal to various Red Light Camera Vendors. The initial deployment will be for two intersections to be equipped with red light cameras. The deployment is for a trial period of up to two years with the ability to terminate the program with 90 days notice. The Vendor is required to provide this service in a cost neutral fashion. The city will have the option of terminating cameras at a given intersection with ten days notice. Review Approval: 1) Clerk Cover Memo Item # 20 O z � � U N .� � � 0 .� 0 > C O .� O � � � N .� � � � >, 0 a E w � � > � U0 � N � � > � O � � O O� � � � Q � U U Q. � 0 .� 0 > C O .� � .� N > C � U � � � 0 U � >, 0 a E w O � C � N � O O V �� O N � � �� — 0 0 �� 0 > N U O z � 0 0 � i� cn — � O Q > � o � � 0 Z O � C N Q � � — � U i� o � Z � � � c� � 0 � � � o U +� N � W ; N C � � C � O C (� �U � � � oC o � C � O O 0 �� o � > 0 � N � Q � 0 � � � O � (� OO �� .� � � � N � � � C O U � � E 0 .� � � � \ � N�� .; � � � � � � >, N :� ¢ Q � Q � � o � � w � � �O� �� O � � � � � � � c� � .� (� � Q (� z O � � "' 0 'U U ' (� � � � � �o � Z �� U O � O C � �U � � O j C 0 op �� o � � o � N � � � C O U .� � E 0 � O N � N � . �• ' � , 0 'U U ' (� � � _ � � �o � z '� �U O Attachment number 2 Page 1 of 23 CITY OF CLEARWATER ENGINEERING DEPARTMENT/TRAFFIC OPERATIONS DIVISION RFP for Photo Enforcement Red Light Camera Safety Program Paul Bertels/ Lt. Dave Dalton 2/7/2011 [This is an RFP to various vendors to install and maintain a Photo Enforcement Program for red light violations. The Vendor is to provide the information within this document in order for the City of Clearwater to enter into a contract for an outsourced program. Item # 20 Attachment number 2 Page 2 of 23 INTRODUCTION The City of Clearwater, Florida (hereinafter "the City") requests proposals from qualified vendors for a multi-year Traffic Safety Camera Program. The City intends to have automated traffic safety cameras (also known as Traffic Infraction Detectors) installed at two arterial intersections with the possibility of additional intersections at a later date where data has shown a high level of violations and/or a frequency of right angle collisions caused by red light running. I. DUE DATE A) All proposals are due no later than or any time prior thereto at the Purchasing Office, Municipal Services Building, 100 S. Myrtle Avenue, 3rd Floor, Clearwater, FI 33756-5520. All proposals received will be publicly read at the date and time specified. All proposals received after that time shall be returned, unopened. B) Original proposal and five copies must be submitted in a sealed envelope clearly marked with the RFP Title. Telegraphic proposals will not be accepted. C) Proposals received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in the favor of the City of Clearwater. Proposer shall assume full responsibility for timely delivery at the location designated for receipt of proposals. The City of Clearwater cannot be responsible for proposals received after opening time and encourages early submittal. Proposals received by the City after the time specified for receipt will not be considered. D) All information required by the Request for Proposal must be supplied to constitute a regular proposal. E) Proposals should be addressed as follows for mail or hand delivery: RFP # George McKibben, Purchasing Manager Municipal Services Building 100 S. Myrtle Avenue 3rd FIOOr Clearwater, FI 33756 F) Submitted envelopes should be marked RFP # Installation of Red Light Cameras. 2 Item # 20 Attachment number 2 Page 3 of 23 III. PROJECT BACKGROUND & SCOPE OF SERVICES A) Background Overall, the goals of the City's Traffic Safety Camera Program are to reduce the number of fatalities and serious injuries that result from traffic collisions at City intersections, to improve the safety of motorists and pedestrians at locations where cameras are in place, and to improve overall motorist and pedestrian safety and awareness citywide through a coordinated outreach and education effort. To achieve these goals, the City will work with the selected vendor to deploy a turnkey program for automated red light enforcement as specified below. Some of the worst traffic crashes-those involving so-called "T-Bone" or right angle collisions at high rates of speed are the result of red light running. National studies have shown that these crashes involve more serious injury and deaths than other kinds of accidents at signalized intersections. Data collected at signalized intersections in Clearwater show the City has several intersections where the frequency of red light running is high. The strategic placement of automated cameras at intersections to record red light running violations �� the frequency of violations and the corresponding injuries. Accordingly the Clearwater City Council has expressed support for moving forward with a program to address the problem of red light running in the city and has adopted an enabling ordinance under �:�� . B) Scope of Services The City of Clearwater intends to contract with a qualified contractor for comprehensive and fully integrated red light safety management services. The contractor will deploy traffic safety camera equipment at designated intersections, covering at least one approach at each intersection. At selected approaches, up to four lanes will require traffic safety camera enforcement, 3 Item # 20 Attachment number 2 Page 4 of 23 including turn lanes. The contracted services shall include all hardware, software, installation, maintenance, operation, and all ��r� processing of violations as specified below. The contract term will be for up to two years with the potential for extensions. The city does reserve the right to terminate the contract upon 90 days written notice �i�� . The city also insists on the ability to terminate enforcement at any intersection upon ten days notice. The city prefers vendor proposals that guarantee cost neutrality to the City; that is, revenues from the notice of violations will at least match the cost of the vendor's monthly service fees by providing that the fees charged to the City shall not exceed the actual revenues collected for fines assessed by the City for violations governed by the program. The proposal will offer a fee which is based on a flat amount for each camera in operation. Vendor shall pay the City of Clearwater all payments received less applicable, agreed upon fees, on a monthly basis. The City expects to acquire "turnkey services" as outline below. The services from qualified vendors include the following: 1) Site design, installation, maintenance and operation of automated camera systems at all selected intersections. 2) Processing of data prior to providing access to chargeable violations via secure web site to the Police Department for review and authorization of citations by the Police Department by electronic signature for those events that meet specified criteria. �� c�� , �� , �� c�� :��. 0 Item # 20 Attachment number 2 Page 5 of 23 4) Maintenance of on-line Internet viewing capability for use by Police, Traffic Operations personnel and members of the public who receive violations in the mail. 5) Assistance with development of a public information and community outreach program. 6) Provision of regular statistical reports of program operations. 7) Training city staff involved in the implementation of the program. �� Site Survey. The vendor will work with the City to determine an initial list of two intersections, chosen based on quantitative assessment of the frequency of red light violations and collisions. As part of this process, vendors will develop baseline data, from historical crash reporting, issued warnings, and issued citations, for one to four selected approaches at each intersection. These data will support both intersection and approach selection and will serve as baseline information for project evaluation purposes. 9) Camera Siting and Installation. From the intersections selected the successful vendor will deploy red light enforcement equipment meeting or exceeding the minimum FDOT �� °�� :�� standards. Working with Clearwater Traffic Operations Division, Clearwater Police Department and FDOT personnel the vendor will be responsible for all permit acquisition, site design, construction, installation and maintenance of the equipment. The City will provide signage for the approaches to FDOT standards. Systems will be required to supply power separately from the traffic signals. There shall be no red light camera equipment in the traffic signal cabinets. Telecommunications and all �� : equipment will be the vendor's responsibility. 10)Service and Maintenance. The servicing and maintenance of red light cameras will be the exclusive responsibility of the vendor. Initial response to any equipment malfunctions will normally occur within a 24 hour period; repairs will normally be accomplished within a 72 hour period. Explain how you will insure these response times will be met. ��Violation Screening and Citation Development. The successful vendor will work with the Police Department to determine in detail the elements that will constitute 5 Item # 20 Attachment number 2 Page 6 of 23 evidence of a red light violation, and with the Police and City Attorney to determine the contents of the notice of violation that will be mailed to registered vehicle owners. Vendor shall describe its understanding of violation issuance under the City Ordinance as well as state statute. �� c� �� c�� :�� 2��„ ��Violation Processing. Initial �r�� . �� i�� r�� r�� r�� 13)Statistical Reporting. In support of the City's project evaluation activities, the vendor will provide monthly a summary program metrics to the City that will include, at a minimum, the following: • Number of events recorded, by intersection approach and in total �� . • Number of events not billable, including a breakout of controllable and not- controllable events lost, by intersection approach and in total �� , �� . � Number of events forwarded to police �� , �� . • Number of NOV's authorized and mailed, by month of issuance and by intersection. • Number of NOV's returned as undeliverable �� , �� . � �� r��, �i�� , � �� c�� c� ��. � �� r�� . 14)Other Services. Other services to be provided by the successful vendor will include: • Provision of expert testimony at contested Court hearings as necessary. • Assistance with the development of a public information and outreach program. • Training city staff involved in implementation of the program. 0 Item # 20 Attachment number 2 Page 7 of 23 • Payment processing. • Delinquency collections. � �� r�� , ��c� �� , �� :�� c�� . � �� , �� r�� , �� c�� c� �� . � �� r�� 2��:�� °�� r�� r�� r��c��r� ��, �� . C) Minimum Qualifications The following are minimum requirements that the vendor must meet in order to be eligible to have their proposal considered. Responses must clearly show compliance with these minimum qualifications. The City will reject without further consideration those proposals that are not clearly responsive t these minimum qualifications. 1. The vendor must be able to deploy automated Traffic Safety Camera equipment in accordance with the following standards. �. The system must utilize high resolution digital or �� r�� r�� two images of the violation; the first image shall clearly show the scene, including the red signal and a clear view of the vehicle with its front tires in front of the stop bar, prior to committing a violation; and the second image shall clearly show the scene, including the red signal and a clear view of the vehicle inside the intersection while the traffic signal is still red. The license plate number and details must be clearly visible in either one of the two images. �� c�� r��. �� close ups or zoomed 7 Item # 20 Attachment number 2 Page 8 of 23 views �� be extracted from �� r��. �� . 2. Deployed equipment must be able to capture a set of two high-resolution color digital still images of the offending vehicle and the license plate. Wet film applications are specifically excluded. Vendors shall submit a minimum of four example sets of violation photos (one before the stop bar, and one after the stop bar) under the following conditions: (1) daytime-fair conditions, (2) daytime-rain, (3) nighttime-fair conditions, and (4) nighttime-rain. Please place example sets in Appendix A-Sample Violation Image Sets. Vendors must be able to provide a reference for at least one location in a city of similar size where their proposed digital camera system has worked effectively using high-resolution digital photography. 3. From point of data capture, all camera photos and accompanying video sequences must be capable of secure storage and transmission, and capable of maintaining a secure chain of evidence. Vendors shall briefly describe their approach to maintaining security/chain of custody of evidence and �� i�� '� �� . 4. Violation detection and camera triggering must be able to utilize a range of detection technologies, including stand alone sensors and video "loop" detection technology. Vendor must be able to provide a reference for at least three active cities where its proposed system is currently operational using the non-invasive, video loop detection and triggering and at least two where stand alone sensors are used effectively. �. The vendor must be able to provide a robust, fully web enabled and fully secure citation processing system that includes data processing, initial screening of data, prompt delivery of data to police for violation review and notice of violation (the "NOV") authorization, NOV mailing, bad address notification, and maintenance of secure Internet-based violation viewing capability. �� r�� „ ��c� 8 Item # 20 Attachment number 2 Page 9 of 23 �� r�� r�� 2��:��'� �� c�� . 6. The vendor must be able to provide the City of Clearwater with an online case management and violation adjudication capability. Vendors shall briefly describe their approach to meeting this requirement. 7. The vendor must be able to provide a secure, Internet-based website viewing capability to members of the public who receive mailed citations and in support of Police Operations. Vendors shall certify their ability and experience in meeting this requirement. D) Preferred Qualifications The following preferred qualifications outline "selling points" or features that the City may find desirable in a proposal submission. The intent here is to allow submitting vendors to describe briefly key technical and or operating characteristics of their red light photo enforcement systems. �. Project timeline. Vendors should address how long after contract signing it will take to have their systems completely ��. 2. Number of approaches. Describe the system's ability to accurately capture violations at approaches with 2, 3, or 4 lanes in one direction, including possible turning lanes on a separate signal phase. 3. Photo Flash. The City prefers low wattage systems that minimize the number of illuminators and extraneous illumination and flash effects. Please specify the number of flash units required by your system for a standard four-lane approach. Also describe the wattage and associated flash characteristics of your system. Floodlights may not be used. 4. Environmental Impacts. The City prefers systems that utilize existing structures or minimally obtrusive new poles to minimize impacts to curbside and streetscapes. Describe the ways in which your system minimizes its overall "intrusion" into the physical environment at and near selected intersections, and where your proposed system makes use of 9 Item # 20 Attachment number 2 Page 10 of 23 existing infrastructure. Please provide a list and description of all equipment deployed, together with physical dimensions for a single monitored approach of four traffic lanes. Attach photos of all required equipment from an existing active four-lane intersection approach. Photos must include all poles, cabinets, housings and flash units that make up the entire system. 5. The vendor needs to have access to Division of Motor Vehicle information to find owner information on every license tag captured in violation of running red lights, which includes out of state tags. This has to be done by the vendor, and not by the City's police department. The vendor must disclose the means to which they plan to do this. 6. High Resolution Camera. The City realizes the benefits of using a high- resolution camera. Please state the camera resolution in mega pixels. 7. The City strongly prefers the red light camera system have the ability to record multiple violations simultaneously. IV. INFORMATION REQUIRED OF PROPOSER In order to insure a uniform review process and to obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified. A. Title Page: Show the name of the company, address, telephone number, email address, name of contact person, date, and the subject: RFP# Installation of Red Light Cameras. B. Table of Contents: Include a clear identification of the material by section and page number. C. Letter of Transmittal: Briefly state the proposer understands of the work to be done and identify the person who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers as well as email addresses. 10 Item # 20 Attachment number 2 Page 11 of 23 D. General summary of information about the business such as history of the company, business hours, contact information, geographic distribution of the company etc. E. References: The vendor must provide references from three other cities, counties, states or provinces to document successful deployment of vendor's proposed digital red light camera enforcement equipment. The references must be operating an outsourced program using substantially the same equipment and technoloqy proposed herein. The vendor must also provide references from at least three other client cities to document successful systems integration and deployment of vendor's red light camera solution. Vendors shall provide points of contact for each reference, together with the number of red light photo enforcement approaches deployed with the high-resolution digital camera technology. F. Completion Time: Proposer is to submit the number of days required to complete project. Sealed Statements of Qualifications will be received by the Purchasing Manager, at the Purchasing Office, located at the Municipal Services Bldg., 100 S. Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-5520, until 4:00 P.M. on "°°°-�'�°-- ,�, ''^, ^. The City of Clearwater requests proposals from qualified vendors for a Multi-Year Traffic Safety Camera Program. The City intends to have automated traffic safety cameras (also known as Traffic Infraction Detectors) installed at two arterial intersections with the possibility of additional intersections at a later date where data has shown a high level of violations and/or a frequency of right angle collisions caused by red light running. Copies of the Request for Qualifications for this proj ect are available for prospective firms at the Municipal Services Bldg., Purchasing Department, 3rd Floor, 100 Sa Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday, beginning "r�-,°-�'�°-- ,,'�o, until no later than close of business five days preceding the submittal deadline. The documents are also available through the City's website: www.myclearwater.com and through the City's electronic plan room (also available athttp://myclearwater.com/cityprojects/index.asp). The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all Statements of Qualifications. 11 Item # 20 Attachment number 2 Page 12 of 23 The City of Clearwater, Florida William B. Horne, II, City Manager L INTRODUCTION SPECIFIC QUALIFICATIONS: Red Light Camera Vendors should have relevant successful experience at cost effectively performing Traffic Infraction services on continuing contracts with public agencies. COMPETITIVE SELECTION: Selection of finalists for interview will be made on the basis of qualifications including: Firm's office location, financial capability, scheduling/cost control, information systems, and firm's relevant project experience. INTERVIEWS: The Selection Committee will conduct interviews with and may require public presentation from three to five firms deemed to be most highly qualified regarding their qualifications to include scheduling of proj ects; overall approach/ methodology to the proj ect; proposed proj ect staff; references from prior clients relevant on proj ects received within the last five years; and ability to furnish the required services. Firms must be licensed in the State of Florida at the time of submittal. Further, if a corporation, the firm must be registered by the Florida Department of State, Division of Corporations. The selection will be made in accordance with 255.32 F.S. and the procedures and criteria of the City of Clearwater. The CM responses to the RFP will be evaluated on the following criteria: 12 Item # 20 Attachment number 2 Page 13 of 23 • Related municipal experience (25%) • Financial capability (15%) • Scheduling, cost control, value engineering (20%) • Proj ect staff and availability (15%) • Knowledge of local conditions, permitting processes, etc. (20%) • Clearwater business and community involvement (5%) The Review Committee's decision in qualification of prospective firms shall be final. The City reserves the right to, at its sole discretion, accept or reject any and all submittals, request clarifications from any prospective firm, amend or modify the terms of the RFP, or re-issue the RFP if such action is in the best interest of the City. The overall project schedule is outlined in Section Eight of this document. If there is any doubt as to the true meaning of any part of this RFP, or if any discrepancies in or omissions from this RFP are discovered, a written request for an interpretation or correction may be submitted to the City for response. The company submitting the request will be responsible for delivery no later than seven calendar days before the submittal due date. Any clarification or correction of this RFP will be made only by written addendum. A copy of all such addenda will be mailed or delivered to each company holding a set of documents. The City will not be responsible for any other explanation or interpretations of the documents. 2. RFP SUBMITTALS: Interested firms should state their interest in this project by submitting six copies of the following: 1. A letter of interest detailing the firm's qualifications, related experience, the firm's abilities to do the work and to meet the above referenced selection criteria. 2. A letter from the firm's Surety stating the firm's bonding capabilities. 3. Resumes of proposed staff and staff organizations. 4. A copy of the firm's current Florida Department of Business and Professional Regulation License. 5. For Corporations only: If the firm offering services is a corporation, it must be properly registered with the Florida Department of State to practice their profession in Florida and must provide a copy of the firm's current Florida Corporate Registration. 13 Item # 20 Attachment number 2 Page 14 of 23 3. SELECTION PROCESS: The City Project Review Committee will consist of representatives from the City of Clearwater Engineering Department; City of Clearwater Police Department; and City of Clearwater Legal Department; and will review the RFP submittals and select three to five firms for interviews. Those firms not asked to make oral presentations will also be notified. The selected firms to be shortlisted will be given advance notice to prepare for a public interview, to be held in Clearwater. The interviews will be conducted over a one- or two-day schedule. A decision following the interviews will be made within ten working days of the last interview. 4. CONDITIONS: The City reserves the right to accept and/or reject any or all submittals; to waive any irregularity, variance, or informality whether technical or substantial in nature; and to negotiate with all qualified firms in keeping with the best interests of the City. An award resulting from this request shall be negotiated with the firm(s) whose proposal and presentation is determined to most advantageous to the City of Clearwater. 5. MAIL OR DELIVER COMPLETED RESPONSES TO: George McKibben City Purchasing Manager Municipal Services Building 100 South Myrtle Avenue (3rd floor) Clearwater, FL 33756 - 5520 Mailing address: P. O. Box 4748 Clearwater, FL 33758-4748 All proposals must be received not later than 4:00 p.m. local time "°°°-�'�°-- ,�, 'n, n. The City assumes no responsibility for responses received after the stated time and date, or at any office or location other than that specified herein, whether due to mail delays, courier mistake, mishandling or any other reason. Late responses will be held unopened and not considered for award. 6. INSURANCE REQUIREMENTS: See Exhibit "A" attached. 14 Item # 20 Attachment number 2 Page 15 of 23 7. DISTRIBUTION: This RFP is being mailed to firms that have contacted the City and those that are believed to have the experience needed for this project. The project is also being advertised per City of Clearwater purchasing policies and being made available online through the City's website and electronic plan room. 8. PROJECT SCHEDULE 1) Release date of RFP 2) Due date of RFP 3) Short-list Selection 4) Oral Presentations 5) Selection Committee Recommendation 6) City Council Approval 9. GENERAL CLAUSES OPENNESS OF PROCUREMENT PROCESS . . . . .. . .. � � � y . . _ . Written response, other submissions, correspondence, and all records made thereof, as well as negotiations conducted pursuant to this request, shall be handled in compliance with Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of any portion of the qualifications once submitted. RETENTION AND DISPOSAL OF RESPONSE The City reserves the right to retain all submitted responses for official record purposes. The City also reserves the right to dispose of any or all copies of responses in whatever manner it deems appropriate. No copies of responses will be returned to the firm. ERRORS AND OMISSIONS 15 Item # 20 Attachment number 2 Page 16 of 23 Once a response is presented, the City shall not accept any requests by any firm to correct errors or omissions in any calculations submitted. RESERVED RIGHT The City reserves the right to accept or reject any and/or all submissions/proposals, to waive irregularities and technicalities, and to request resubmission. Any sole response received the first submission date may or may not be rejected by the City depending on available competition and timely needs of the City. The City shall be the sole judge of the submission/proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. Also, the City reserves the right to make such investigation, as it deems necessary to determine the ability of any responder to perform the work or service requested. The responder shall provide information the City deems necessary to make this determination. CONFLICT OF INTEREST Any prospective firm should make an affirmative statement in its proposals to the effect that, to its knowledge, its retention would not result in a conflict of interest with any party. Alternatively, should any potential conflict exist, the prospective firm should specify the party with which there might be a conflict, the nature of the potential conflict, and the means proposed to resolve such conflict. RIGHT TO PROTEST Any actual or prospective responder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of its complaints by contacting the Purchasing Manager. NO COLLUSION By offering a submission to the RFP, the responder certifies, and in the case of a joint submission/proposal each party thereto certifies as to its own organization, that in connection with the submission/proposal: 16 Item # 20 Attachment number 2 Page 17 of 23 a. No attempt has been made or will be made by the responder to induce any other person or firm to submit or not to submit a submission/proposal for the purpose of restricting competition; and b. The only person(s) or principal(s) interested in this submission/proposal are named therein and that no person other than those therein mentioned has/have any interest in this submission/proposal or in the agreement to be entered into; and c. No person or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, accepting bona fide employees or established commercial agencies maintained by the purchaser for the purpose of doing business. APPROPRIATIONS CLAUSE The City, an entity of government, is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this contract for each and every fiscal year following the fiscal year in which this contract is executed and entered into and for which this contract shall remain in effect. The City shall, upon receipt of notice that sufficient funds are not available to continue its full and faithful performance of this contract, provide written notice to the Contractor of such event and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever occurs first, be thereafter released at all further obligations in any way related to the contract. Add MBE/WBE documentation per SWFWMD requirements. 10. GENERAL TERMS AND CONDITIONS: a) All responses become property of the City of Clearwater. b) The City will not reimburse the respondent for any costs associated with the preparation, submittal, or presentation of their responses to this request. 17 Item # 20 Attachment number 2 Page 18 of 23 c) The respondent acknowledges that all information contained within its response is part of the public domain as defined by State of Florida Sunshine and Public Record Laws. The City gives no assurance as to confidentiality of any portion of any proposal once submitted. d) The awards made pursuant to this RFP are subj ect to the provisions of Chapter 112, Part III, Florida Statutes. All respondents must disclose with their responses the name of an officer, director, owner, or agent who is also an employee of the City of Clearwater. Respondents, their agents, and associates shall refrain from contacting or soliciting any City officials regarding this RFP during the selection process. Failure to comply with this provision may result in disqualification of the respondent, at the option of the City. Only George McKibben may be contacted. e) There shall be no discrimination as to race, sex, color, creed, handicaps, or national origin in the operations conducted under this engagement. Due care and diligence has been exercised in the preparation of this RFP, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the services rests solely with those making responses. Neither the City nor its representatives shall be responsible for any error or omission in this response, nor for the failure on the part of the respondents to determine the full extent of the exposures. a) Preference will be given to those responses in full or substantially full compliance with the requested information in this document. b) Each respondent is responsible for full and complete compliance with all laws, rules, and regulations including those of the Federal Government, the State of Florida, and the City of Clearwater. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules, and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. c) Any interpretation, clarification, correction, or change to the RFP will be made by written addendum issued by the City's Purchasing Manager. Any oral or other type of communication concerning the RFP shall not be binding unless issued by the City in the form of an addendum. � Item # 20 Attachment number 2 Page 19 of 23 d) Responses must be signed by an individual of the respondent's organization legally authorized to commit the respondent's organization to the performance of the services contemplated by this RFP. e) The successful respondent shall be required to submit proof of licenses, certifications, and proofs of insurance as required by the City. � The successful respondent shall not be allowed to substitute project team members named in this response without the written permission of the City. Documents cited in this document but not attached are available upon request. EXHIBIT "A" INSURANCE REQUIREMENTS 1. Liabilitv Insurance. The party submitting an RFP, hereinafter referred to in this document as the Proposer, if selected, shall furnish, pay for, and maintain during the life of any contract entered into with the City the following liability coverage: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 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. Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws, including Employers' Liability that meets all state and federal laws. d. Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the Proposer, shall be purchased and maintained by the Proposer with minimum limits of $1,000,000 per occurrence. 19 Item # 20 Attachment number 2 Page 20 of 23 2. Additional Insured. The City is to be specifically included as an additional insured on all liability coverage described above, except the insurance coverage identified in paragraph 1(d). 3. Notice of Cancellation or Restriction. All policies of insurance must be endorsed to provide the City with thirty 30) day's notice of cancellation or restriction. 4. Certificates of Insurance/Certified Copies of Policies. The Proposer, if selected, shall provide the City with a certificate or certificates of insurance showing the e�stence of the coverage required by this RFP, if any. The Proposer will maintain the required coverage with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by City in writing, the Proposer will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided City whenever any policy is renewed, revised, or obtained from other insurers. The address where such certificates and certified polices shall be sent or delivered is as follows: City of Clearwater Attention: Risk Management P.O. Box 4748 Clearwater, FL 33758-4748 6. The Proposer shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this RFP, or a subsequent purchase order or contract entered into by City and Proposer, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Proposer acknowledges that it is solely responsible for complying with the terms of this RFP or a purchase order or contract arising out of this RFP. In addition, the Proposer shall, at its expense, secure and provide to City, prior to beginning performance under an RFP, or a subsequent purchase order, or contract, all insurance coverage as required in this RFP. 7) Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any vendor, bidder or Proposer of services and/or products to the City. 20 Item # 20 Attachment number 2 Page 21 of 23 EXHIBIT B DRAFT CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and , of the City of County of and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: 21 Item # 20 Attachment number 2 Page 22 of 23 The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for all individual projects assigned as a result of this contract. For each individual proj ect in accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR' S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training including 22 Item # 20 Attachment number 2 Page 23 of 23 apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. 23 Item # 20 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Briefing on Tampa Bay Partnership's Blueprint for Economic Development Initiative SUMMARY: Review Approval: 1) Financial Services 2) Clerk Meeting Date:3/15/2011 Cover Memo Item # 21 , �' � , , , . � � 1 � 1 !� � �< � ,� ,;,r: � j� SQ �;� {, � 4 i, I ' � �,1� Ir-,� _ �. �vr, � �i��" ` r>! ti- �� , ,` } �� V�� , . �_ �� 4 : _ �� E �, «�,�u� ��,,��,� �'+R4�'.{�.LAn. ��Zix�_ , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� ,} �� V�� , . � "�� 4 - �. `L � � , �� E ,, «�,�u� ��,,��,� �'+R4�'.{�.LAn. ��Zix�_ , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� � � � , � O � � � � O V � O � � O � O a--+ O � O .� � � � ._ � � � � � � �� • � � � O O � � � � ._ � � ca � � �• � O .� � � � � O .� � O .� � O !�A O � � O � � . � • � � � � � �• i O � � � � � � � .� � � � O V � � � � !�A ca !�A � � � � O � � O 2 � ,} �� V�� , . � "�� 4 - �. � . ,Un��,�� E ,, «�,�s� ��,,��,� �'+R4�'.{�.LAn. ��Zix�_ , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� � � � �O � � � y� i � ,v i .� .� � � � � � I i � � � � � � i, y.. � � � .� � 0 v � � i,,o -� y.. �� ,r � � • � 4�� v c� � � O ,O v � � � v � � � � � � a� � � � � � � ■� � � � � � .� i � � � .� � .� .� � v � ^ � � � � .: � � � � ^ � � 0 � � 0 a� i � O � � � � � � O � .V � 0 � o � � a� � � o p ^ N � � Q� � 0 � c� � c� � � ,O � �� ca � a �� .� ca � a� � � � � a--+ � a--+ a--+ � � � � � � 0 O m � ,} �� V�� "�� , �� 4 - �. � . ,am�,«at�� E ,, «�,�s� ��r',n��f; _�� ,, ��— , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� � � � !�A � � � � !�A .� a--+ .N X � � O � � N � ._ � � � � ca � � � � � � � .� i � � � � V ._ � O � O V � � � � � � O � � i fB Q (/i � O � fB � � V � .O � � O O � O a--+ � ca � � � O V � O J • • • � � � i O � � � � � .� � � � O V � � ca � � � .N � � � � � � � a--+ �V � • � � > � V � O V � !�A � � ca � V fB � O .� � � � � � � � ,} �� V�� , . � "�� 4 - �. `L � !�A � .� � ca � � � � .N � � O N � Q �V .� � � � N ._ ._ � � • . ,Un��,�� E ,, «�,�s� ��,,��,� �'+R4�'.{�.LAn. ��Zix�_ , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� � � .� � N � � � N � ca � � � U L ca N N Q� L L O � � � � N N L C6 U N � � � � L N � ca N � � .� � � �1 U a--+ L U � N � N N � � L �C N cn — � � � N � N N U U O � L O Q � � � �C � =' � O > � }' � O ca L � N � � a-�-+ � � � � a-_' U f6 � a..+ � N � U � � N � � � � � � L � N � � N � � � � Q � ��,o 0 0 � p � � �� U � � �� U Q � .O � c G . � � Q 0 � � �� C� w ca � O .� N L � �� `, � T O � N 0 N .• � � ,} �� V�� , . � "�� 4 - �. `L � � , �� E ,, «�,�u� @`;��'�g` �'+R4�'.{�.LAn. ��Zix�_ , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� � � � � � � � � � �'1 Si � � �� '� e� � o� a '� �rrr��... 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-. ;' `` �� ` ;. �,,�� ` � �,�� ,�� ,,�� ; �,,�� ;; . ,�� E ,, «�,�s� ��,,��,� �'+R4�'.{�.LAn. ��Zix�_ , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� W � L � � � � � � 0 � (/i �`. � S � � � � N � � � � � Z NA, W :.i L � � � � � N L LA, � W � � � �A, � W � � 0 Q �+ � � � O a c� V/ � � � O M O � N � � � � � O � O O� Q ...� N ,} �� V�� x` t ` �� 1 , �� n � � ��4£ :._ ; �. � � � � � (� m i � � � +-. 00 � � ~ O � � � c� �� (n � • � � C U �+ � i C � �. � c� a� � �. � c � � � � � � � � L �, � p � � p � CO �� Q � L Q �}, C V� U L C6 �� U i U� O_ C6 c0 �•— Y U� O J U .� � � � � � � � C6 (n U .—. .—. .—. � N M � � � }' �' +-: Q U CO +� U L � � � > � � O � � � �U � � � � • — C � �>, (n L O � O +J •� � U (i� (6 L '� � V� Q CO L � V � � � Q � m � CO (n � � � .-. � � L � � � � � J CO � � O c0 L �U O U (� �Q N M � � �, C�� a� � }, � N � � � � G� � co `� c � o � p�' �' � a� � � � O :6 .� L � L E v a�i�a°�a�i > }' co � �� cn �a =� E �� r . �k �'�I14� ��,,�� _��,, ��— €,8`y��mi�n�m�a e�in;��:n�,x�� x}nYO��.��4 ��` ''� � O _ a-=+ ca � � N � N � � - �5'S��. � Z ,} �� V�� , . � "�� _ .� � ��4 - �� ,�� E �, «�,�u� ��,,�� , �� ,, ��- , y��mi�n�m�a €�n;��:n�,x�� x}nYO��.��4 ��` ''� � a--� � � � L � � i � � O � ca � - � � > O i .� a--� � � � � V � C� .� � � i � � � � � � ,> � � � •� � � � ._ ._ � �._ +� � � � � •- � � � � — � — � � •— _ � � � � � � � W � .� � m C� � � •� � � � � � � � O � ca � � � V X � a--� � � � � � i W � �--� � � �--� .� � a--� � � � �. l T V X � � � O � � � ca � � � � c� � � c� � Sc.v.�.�.�.�.�. ,} �� V�� , . � "�� 4 - �. � . ,Un��,�� E ,, «�,�s� ��,,��,� �'+R4�'.{�.LAn. ��Zix�_ €,8`y��mi�n�m�a e�in;��:n�,x�� x}nYO��.��4 ��` ''� Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Business Forum - Mayor Hibbard SUMMARY: Review Approval: 1) Clerk Meeting Date:3/15/2011 Cover Memo Item # 22 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Capital Recovery Formula - Councilmember Gibson SUMMARY: Review Approval: 1) Clerk Meeting Date:3/15/2011 Cover Memo Item # 23 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Council trip to Tallahassee during 2011 Legislative Session - Councilmember Jonson SUMMARY: Review Approval: 1) Clerk Meeting Date:3/15/2011 Cover Memo Item # 24 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Rustlewood Condominiums Request SUMMARY: Review Approval: 1) Clerk Meeting Date:3/15/2011 Cover Memo Item # 25 Attachment number 1 Page 1 of 3 �''�e�� "2�.�"s�3�3��.�'s2�.�'s �� "2�� March 3, 2011 My name is AI Brylewski I am the newly elected President of Rustlewood Condominiums located at 2650 Countryside Blvd. directly to the east of Westfield Mall. I represent 144 taxpayers of which half are Snowbirds. Like many Condominiums we have been the victim of a recession and bad banking policy. Our delinquencies have been rising to $70,000 and growing. We are on the brink of bankruptcy. I come before you today to make you aware of our crises over water consumption. Our annual budget is $420,000, with an expenditure of over $180,000 for water. With 144 units that averages about $1,300.00 per year per resident. Keep in mind that half of those residents are here less than 6 months with a large majority spending only 4 months. I just became aware that your City has a minimum consumption rate based on water meter size. ��.�"s �$�.�'s'��3�2��" �3�"2�.�'s2��'�.�'s �.�'s.�"s�2�.�'s �"2��e�'�2�� '��3 '��2� "tP,te�'�2��" e�� "tP,te�.�'s'�2�`tP,te�'�2��" �.�'s2�`tP,t2��"� �"e�'�2� .�'s'��"$��'�$��"2�.�"s "tP,t�� $��2� e� $�.�'se��2� e��?"tP,te��2� e�.�"s �3e��"`� �3�'��2� ��$�� e��"�2� �� 2�`�2��" .�'s��2�. ��2� ��?��3.�'s e��"2� .�'s2��"8d2�� 3��C_? r�-�� 2��2��" e�� dC� m� „�,'_.�� 2�`�2��"�s �'��"2�2� "tP,t2��"2� �$�.�'s'� �"2��2��'�� ?"tP,t��-.�'s��2�� "�3� e� r�-�� 2�`�2��"�. ��2��"2� �� -; � ��`�-�r�� c�tc�� t �-;r�c� �-;� t�c� ��r��. ��c� ��r�� c� �� c�tc�� c�� -��-;��: m� _.�r�� m� "l.-�r�� °-�r�� -�r�� -�r�� a-�r�� -�r�� J��c� ��;��r��c� �� t�� ,�� . �� t�-; �,�� . �� t�-; m� ��,�� . �� t�-; °��,�� . �� t�-; ��,�� . �� t�-; �a�m�,�� . �� t�-; m�,��,�� t�� ,��,�� °�°c�r�t ��r�. 16��tc��° ��°�;c� �m8 �;a.�a� ��a.�� .�� m�,°m�m�.�a� �m8,�£a�a.�� ,�a��.°� ��,°��.�� m8 �a,�a��.�� °�°c�r�t ��r�. ��c�� °�;c� ��m� .�� .m8 � ��m� �a.�� m�,�a�a�.°� �°,�a ��.�� ,�� .�a�a �m� °, ��.�� °m�,��.�� .�'s �"e�'�2� .�"s'��"$��"2� ��3��'��2� ��"�s'�'��2��" �3�'��"2�2� sa�� ?��€"ara .��2��"�s e��"2� .�'s��3"tP,t�� e��3�dC�� .�"s ��3��3�� e��3�� "tP,te�'�2��" $��2�.�"s. ��2� $�.�'se��2� e��3"tP,te��2� �� 2��2��" .�'s��2� �.�"s ��e�.�'s2�� 3�� e��3�3�"�3�a2�� '�`a'�VG'�V�'� �"e�'��3.�'s e�� 2�e��"`tP,te�'�2��"'.�'s ��tc� �t��t��c� �� ; ��;o�c�� 1��1��. �t �� r��t��t�o�c� t��t �� -.,��: r��"'le°t��.�t�� t�� t�t� �� :�� r��rr��e° ��r°��re° �r� �alr�r°e° ��r �r��e° e°i��° �°e°r�rw�„ The City of Dunedin has no such minimums. As for example, the Douglas Arms last year paid $120,000 for water for 211 units for an average of $590.00 a year — less than half what we paid. This coming year our projections are for water related services to jump to $213,000. 1 Item # 25 Attachment number 1 Page 2 of 3 �''�e�� "2�.�"s�3�3��.�'s2�.�'s �� "2�� 2� �B'�� ?� ��2�e��""tP,te�'�2��"a� sa��$��sa ��3��'�� "tP,te�'�2��" e�� .�'s2�`tP,t2��" �"e�'�2� �� "2�.�"s�32��8dC� �2��2��" .�'s��2� ��$��2�.�'s e�� Cm' ��'{2�� "tP,te�'�2��" e�� .�'s2�`tP,t2��" .�"s�.�'s'�2�� e��"�2�.�'s .�"s�� e�.�"s ��.�'s'��"��$��3��,t��?��2��'��3�� .�"s�.�'s'�2�� ?�32��"e�'��3��.�'s e�� e��'�2��e��2�� "2��2�`tP,te�� e�� "2��3�e��2��2��'�� ?��'�� 2�`�2��" �"2�e�� e�� e�.�"s "tP,t2�� e�.�'s e� ��$�� 3��.�'s2��"�de�'��3�� $�e��'��. ��2� ��$�� $�.�'se��2� �.�"s ��e��"�2�� e�'�'��Cm' ��3"tP,t2�.�'s'� $�� 3.�'s'�. {�'�� $�.�'se��2� e��3�d2�'��.�'s e��?$��'� �.�"s ��e��"�2�� e�'�'��2� ��2��"'��2��" $�� "e�'�2�.�"s �2��32�� 3��'��2� e��?$��'� �?�"tP,te�'�2��" $�.�'s2��. {�'��3'��2��" �2�`��3�'��? ��3�d2��"'��2� ��'{2�� .�"s�.�'s'�2�� 3.�'s'�m $�.�'s2�� .�'s�3�2� �3'��2��" ��3�a�� $��'��2�.�'sm �.�'s'��? ��e��"�2� e� .�'s2��3e��"e�'�2� sa$��$ ��e��"�2�" ��2��32��2��'� �3�'��C� ��BdC��"`�2�� "e�'�2� .�'s'��"$��'�$��"2� ��3�"'��2� �$�e��'��$� �?� "tP,te�'�2��" $�.�'s2��. ��.�'s �.�'s t�c� �c�t�� c�� r� t�c� ��t� �� r�c��r�'� ��tc� �t��t��c�. ��c� ��t� �� r�c��r� ��c�� Jr��t ��c� �� m�:�.�� c�� -;r�t� ��-;�� c�� c=��o��c�r�t ��c��c�r�t�� r��t �� .J� �r��ir�� t�-�� c��c�r�t�� t�-;�c�� c��-;��c� �r�� c= ��-;�� o��c�. ��-;�� m�� r��t ��t�� c�x, t�� r�r�� r��t ��c� ��tc� �� t��t�� °°,�a��. ��r��t�o�c� ��c�� c� ��r� t�� t��t ��r�t �r��c�� t�c� ��t� �� r�c��r� ��tc� �t��t��c�. Following National and State mandates on water Conservation we have annually used less than half of our water minimum. {�'� �"2��d�2�`tP,t �?�'��2� ��$�.�'s'��2�`tP,t�3�?�:� "tP,te�'�2��" $�.�'se��2� ��3�"'��2� �e�.�'s'� �2�e��" ��3��"�.�'s'��2� "tP,te�'�2��" $�.�'se��2� �� .�'s�3�2� �?�'��2��" �"2�.�'s��2��'��e�� $��.�'s'��? ��2� ��2��?"tP,t'��2� ��$�� $�e��'��$� ��e��"�2��'��3'��2� �"2�.�"s�32��8d2� �2��2��".�'s��2�a ��c�� c� t�� ;� ��€��r�� c��;��tc�� t�c� �� c��c�r�t. �� c�x��r�c�� ;o�c�, � ��;r��c��o��t��;r� ��r�t�t� �� t��;��c�� r�t��; t�c� ��c��vt��tc�� tc� �t��t��c�. As I said earlier neighbors such as Oldsmar, Safety Harbor and Dunedin have no such minimum. �$�� ?��3e��"e�'��BdC�.�'s e��3�� 3'��2��" ��3�a�� $��3e��'��2�.�"s "tP,t2��"2� ��3'� $��2��"`�e��C2�� 3�" �3��"�3�3.�'s2�.�'s �3� �"2�8d�2�`tP,t��'��2� ��$�.�'s'��2�`tP,t�3�?� �t'.;��3��$�� 3��2��"��.�"s. ��2��"2� e��"2� �e�� e��'��3�"�s'��e�'� ��2��" �� "e�'�2� .�'s'��"$��'�$��"2�.�'s ��'�2��"�.�'s �?� ��c� ��tc��, ��-;r��t�o�c� ��tc�� c=�� c=��t �r�� -;r��r�� -;��t��-;r�� -;�� r��t��t��c�m ��t��-;r� ��t�, ��c� �� tc��, c�t�. ��t�c�� t�� t��t ��r� ��t �t��t�c�� r� �'�r�c�� t.��r�t� ��c� t�� 1��tc�� tc�� r�� -;�� t��-;�c� ��-�� t��t�c�� r�� tc�� -;� �'�r�c�� t.��r�t�. ��c��tc�� c�� tc�� '�r�� r�t�, ��r�c��r� ��c�� r��t. The result is that we have overpaid our water usage by close to 2 MILLION dollars over the last 25 years. Without relief we will continue to pay our water by $100,000 annually. I've been to the Water Dept., Department of Engineering, as well as Planning. {�'� ��"��9.�'s� �3�'��.�'s �"e�'�2� .�'s'��"$��'�$��"2� �.�'s'��e�'� �$�.�'s'��3�2��"�s e�.�'s.�"s��2�'��e�'�'��2�� e��"2� �3e�� 3�" e��'��2��"2��3�"2� 2��'��$�2�� t�� c� t�c= ��-;r��t��-;r� ��-;��r��c� t��t �� r��c=� �r� t�c� ��r�� r�t. ��c= ��t�-;�c�� r� �$�2�.�'s'��3�� .�'se�� .�'s2��a2��"e��'��2�.�'s �� .�"s �3�"2�.�'s2��'�e�'��3��'��e�'� ��.�'s ��3��? �'�.�'s.�'s�3�9e�'��3�� e�.�'s sa�3�aC��"�3e��" ��3�" "tP,te�'�2��",t�"tP,te�.�'s'�2�`tP,te�'�2��".�'s2��"�d��2�. ��.�'s �.�'s ��3'�'��2� �e�.�'s2�. `a'�V�e�'� �i#.�'s'��3�2��".�"s ��3 ��3'� �"2�e��2�m e�� "tP,t�e�'�'��2� �"e�'�2� .�"s'��"$��$��"2� ��32�.�'s ��3'� 2��3�e�.�'s��2�m �.�'s'��e�'�'��2��"2� e��"2�'�"tP,t�? ��3.�'s'� ��?��3�3��2��'�.�'s'��e�'� $��$� �"e�'�2�.�"s �$�.�'s'� �"2��38d2��": �ixc�� r�� o��c� ��-;�t�. ��c� ��tc� �t��t��c� ��CC�� o��c� �-;r�� t�c� o��-��c�t�� -;�� o��c� ��-;�t �-;� ��Cm' ��3��?��$� �"tP,te�'�2��" �2��8d2��"2�� 3�" "tP,te�.�'s'�2�`tP,te�'�2��" ��.�"s�3�3.�'s2�� ?��. ��2� ��'{2�� 3.�'s'�.�'s e�.�'s.�'s�3�9e�'�2�� "tP,t�'�� 2 Item # 25 Attachment number 1 Page 3 of 3 �''�e�� "2�.�"s�3�3��.�'s2�.�'s �� "2�� "tP,te�'�2��",t�"tP,te�.�'s'�2�`tP,te�'�2��" ��"e�.�'s'��"$��'�$��"2� e��"2� e� .�'s��a��'� �3�3�"`��3�� ?�'��2� ��$�� e��"�2� ��$�� e��"2� ��3'� .�"s�32��9��e�� 2��'��2��. ��2� �"2�.�"s��'� �.�'s'��e�'� �i#.�'s'��3�2��"�s sa�s��aa .��2�� e��"2� ��2�� 3�d2��"��e��"�2�� 2��e�$�.�'s2�'��2�� 3 ��3'� ��3��.�"s��2� ��Cm' $�.�'se��2� e��3"tP,te��2� e�.�'s.�'s�3��e�'�2�� "tP,t��'��2� ��$�� e��"�2�.�"s ��3�"'��2��" �2��2��" .�'s��2�. {�'�9°�� $�� .�"s �� 2��'��3�� e� �a��3��e��-��'�2��.�'s�8d2� 2��'�2��"�3�"�.�'s2� "tP,t�� "2��$��"2�.�'s 2�'{�2��.�'s�BdC� ��8d2�.�'s'��2��'� �� "e�.�'s'��"$��'�$��"2�m'��2� ��3.�'s'�.�"s e�'��2��e��'�'��? "tP,t�� $�.�"s'� ��2� �"2��?$��32�� 8d�e� �"e�'�2�.�'s. The only recommendation is to downsize our water meters on our 4 largest Bldgs. They have no solution for our 2 smaller bldgs who will continue to overpay their water by $20,000 annually. I've also spoken to Nan Bennett from Public Utilities who tells me that downsizing meters is a bad idea. ��2� �B'�� 32�.�'s ��3'� �2��2��"��C�'��2� .�'s��2� �3� �2��2��" �"2��$��"2�� 3�" �3�3'�e��2� .�'s2��"8d��2�m'��.�'s �.�'s'��2� �"2��"s�3�3��.�'s��$� �?� ��Cm' �2�.�'s�� 2��2�2��"�� e�� '��2� "tP,te�'�2��" �i#.�'s'��3�2��" "tP,t�2�� e��3�3�� 3�" e� ��2�`tP,t .�'s2��"8d��2�. `a'�V ��2� e�� 3�3'��3�� 3�" �$�.�'s'��3�2��"�s .�'s2��"�d2�� e��"�2��" �2��2��" .�'s��2�.�'s �.�'s'��? ��3"tP,t��.�'s��2�'��C��" �2��2��"m'��.�'s �e�� e��d2� $��'�2��2�� -;r��c��c�r��c�� r� tc�� -�� c��c�� -�� c��c� �r�� r��t� t�-; ��-;��-;��tc� ��t��c� ��t�r�c��-�� 2��e��.�'s �3��'��2� .�"s�.�'s'�2�� '��2� �"2�.�'s��2��'�.�"s ��8d�� e�'�'��C� 2�� 3�'��2� ��$��'.�"s �3�$��`Y� �"$�� e�� 2�'{�32��"�2��2� ��?"tP,t �3�"2�.�'s.�"s��"2��. ��3�" .�"s�� "2�e�.�'s�3��.�'sm '��2� �B'�� 32�.�'s ��3'� �"2��3��2�� .�"s�32�� 2��2��" .�'s��2�.�'sm ��$�� "e�'��C��" ��"2��'�.�'s ��t�-;�c�� t�� -;r��t t�c�� tc=�t�`��c��`��-;r�t��t�-;�� -;�� c�o��t��-;r� �r�� c=��-;��c�r��t��-;r� �r� �� t�tc��. ��$�.�'s'��2�`tP,t�3�?� �"2��$�2�.�'s'�2��'��? ��3"tP,t��.�'s��2� �3��C� r�-�� "tP,te�'�2��" �2��2��"'��3 e� m� „�,'_.�� 2��2��" e��'��2� .�'s�e��2��" �2��2��" �� r��t��c�� r� �c=�� °�m� m�. �� r��c��c�r�t ��r�� -;�� t�c= ��r��r�� c=� �r��-;t�c�� "2��$�2�.�'s'�'��? ��?"tP,t��.�'s��2�'��2� �"2��e�� r�-�� "tP,te�'�2��" �2��2��"�s e�� $�� 2�.�'s' .�'s'�e�� ?��3�2��2��'��e�'� �"2��$�2�.�'s'� �3�� e��"�� m �� m� m� . We also recycle and receive no compensation for our efforts. Also not true in other Communities. ��t�c�vv�-;�� t.�r��-;��r�� c��c�r�t�� r��c=� �-;r�c� �-;� t�� -;r�t��r�c�� -;� � �a �� t�-; � � �� r� t�c= ��c� �-;� �c=�� °�m� m� � ��-; t�c� ��-;�� tc= ��-;��t��-;r� �� t�c�� t��t� �� r�� c�� t��r� �r�� c�o�� 3��'��§.�"s ��'��2�� e�� "2��2��"2��2�. ��3�" .�'s�?�� "tP,te�.�'s'�2� .�'s2��"�d��2�m'��2�� e��"2� ��2�� ,'m�.�� 2�e�� 3��'�� 3�"'�"tP,t�3 r'_. �e��"� ��3��'�e��2��"�s e�� ?$��" �—�e��"� ��3��'�e��2��"�sm "tP,t�� e��"2� .�'s2��"�d��2�� 3��2� e� "tP,t2�Cm'�C �3�� `a'�V2��2�.�"s�e��.�'s. ��t�� c=��r�� r� ��x ��r�t� �t � ��t �� m�.�a� �c�� o��r�� r��t. �� t��t�� t �� t�� 2��'��"2� ��?��3�2�'{ �.�"s � r��.m� � �32��" ��3��'�� 3�" �"2��p "tP,t�� .�"s ��?��2��'�2�� 3��2� e� "tP,t2�Cm'�C �3�� "��e��.�'s. We need your help or we will become a tax liability. AI Brylewski, President Rustlewood Condominiums 2650 Countryside Blvd. Clearwater, Florida 33761 727-725-9130 Item # 25 Attachment number 2 Page 1 of 8 S�� I�rn�nt�1 fnfo�r�ati�� R�stl��+c��d ��nd�r�inium Addr��s to Ci� C�ur�eil March 3��1 F��sil�w�nd C�r�d�rrniniurn Th� Rust��r��d ��nd��iniurra camplex ��ustl�wr��dJ kras 144 �anits �r�d is 1�cated het��een �� 580 anr� ��u�stry�side ��fev�rd just we.sC af Cc��ntrysid� IVl�ll. The cc�mplex cc�nsis�s c�f f�ur 3�-u�ii, three stc�ry �ui�rJin�s; tw� i�-unit� t�� stc�ry bui6din�s; and � cc�mmon p�ol/�I�s�hc�use ��ea. �"he �c�rnp�� was b�ilt in appr�[�xirr��t��y 15r 8. T��:� w�ter sys�em 1c��ps �rc�ur�d �h� �nti�� c�r�plex, ir�ciud�s fir� hydran�ts, �nd is t��d ��rt� k�e larg�er Ci�y wa�er sys�� frorr7 bc�ip� S�e 58{7 and Caun�ry�ide E3�rui��rard, E�ch aF the s�a��n �uildings has a s��ar�te vuate� �et�r c�ff bf th� city awn�d Lva��r m�en "larap". The four �� ut�i� k�uil�idr�gs hist�ri�ally e�ch �7�� 2-ir7ch ;r��ter rnet�r; th� 12 unit buildings a�.�-inch m��er ar�d th� ��ammvn p��l �re� a�� incl � wat�r m��r �E�ht�it A�. �'�i� s�xe of th� �lumbir�� sysi�rn and �rat�r m�ter� �re typ�'c�ll� de�i�rra�ed by the design p�t�fess�canaE d�ring d�sign ��d at t�� i�ial ��nn��ti�n �a the public �v��er system h�sed up�n sever�l variables tF�at ir��l�� r��:e_:��,��fc:,y �-3stimat�s, p�urnbing fixtur� cr�u�t, nur�b�r of ficac�r�, �t�. It shc�ul�i b� r�€�t�d that t�he av�r�ge water cr�e�sump��on per pers�n rn Pin�91�s ��unty irs the 19�t�'� and �U°s was a��c;.�i�e��ely 15{� gallQns ��r capita d�y �g�cd}. 7he City pf Cl�arwate� �verage wat�� cans�arr��atipn �� p1� was 81 gp�d ��e tr� �anseru��iars �nd th� u�e �f recla�rne� vaafi�� fr�r f��n ir�i��iic�n. T�e Rustlewcr�d �crnd� �sst�ci�tian �s cus'rently bi�l�� fc�r: r� V�laxer �-�- lJ�i�i��,+ T�x} e� W��evvater {se�erj a �tecycli�g ra 5�slid �nlas�� c� Sfivrm�v�te� a �ire Prc�tec�i�n 7�� at�ached s��r�adsh��s {��hibit'�� ouiline the uti9ity s�rvic�s pr��ided by the Cs`ty t� th� Rustle�r�c�d ��r��1��inium� �or the pa�� vel�� mcanChs. Th� first s�eet fists al� �errric�s an�i th��r bi9i �m�unts; t�� s��nd sh�et lists the v��ter ��n��m�tior� {in 7.U�1� ��Ilran "M�al" billin� units). ��y t�f �I�arw�te� Utili�y �ate_5�r�ctur� ihe Clearwat�� e�r�t�r a�d sew�� rate s��uctures are b��ed upan covering all rautine 0��11„ pv�rhead c�sts, �aintair� � sufficient c�pera�in� b��ance, capit�l imprt�Vem�n� �unds, and includin� a cans�rv�tion er�e�u�agir�g sir�a�tur� ks�own �s an "inverted" r�te �iru�ture as rnand��ed by a c�nditi�n vf pur Wat�r L�s� P�rra�it iss��d fr�rm the Sc�a�tfi?+�vest Water Managemen� bistr�ct. 1 Item # 25 Attachment number 2 Page 2 of 8 �n inverted ra�e r�ae��1s tl�a� ��?e �ustora�s�rs Ch�t u�e a I�ss�r qu�ntity e�Fwater pay� ��c�wer ur�it rat� �� 1��10 ga��t�n�. `��e r�t� struct�a�� i�c��e��=� thr�e ti�er� �ith ea�h subs��u�n� tier �ncurri�g a hi�h�r u�kt r�te tt� e�ac�ur�g� c�an�ervatic�n. Ef�ectsve �lctok�er 1, �.q10 tPa� ��west C�earw��r ��e�' uvat��- rate is $�.�C�/p�r 1C�� gall�ns, ��th a sec�nd tier incr��sir�� t� $�.3�J per �.�7�Q g��l�ns �nd the hi�hes� r�i� as ��.��,� ��r �.c�r�� a�s. 5��r raies a�� sc� �ased up�n th�e� inve�C�d tiers t� �nc�ur�� r�sparrsible �as� c�� uv�ter r�s�urc�s. The "rninimrar�''` m��t��y ^��a�er �nd s��v�r ��t� h;� r.��+�� Ar��r si�� in�Audes all the Fix�d water ��d seL�r�r syst�rrro ch�ar�e�� s�a�li as �ist�ibuticanJcc�ll�c.t��r; s�r�t�i�� c�peratiaar�s as�d �n�int�nanc�; renewal �nd r��pl��emer�t: rrsu�nti�ly+ r�i��:�r re�ctin� and k�il�ir��, �� r�il �s � min�rnur� ��ans�rv�tion} quar�t�ty. The r��anim�rm usa�e 9� c��ar�ed �t th� �c�+r��st ��t �:��t. ��1 �a��e a�be�+�Re th�is �maura'k i� �ha�ge� at th� hi��r' �s�r un�t rat�s e3ep�n�in� an Che arr�punt af �at�r u�ed. �acf� year dur�ng the Re�+enue Su�fici�n�y Ar��lysis, �� City� ��Glearera�ter has �� cansultant benchr�ark aur v��ter and sewer r��es �gaerrst ath�r Ir�cai mt�ni�ipal�ties. A�capy of the mo�i rec�nt cc�mp�rist�n 1� at�ac�7�:�� Exhi��t �y. This �raph il�ustr�t�s t��t the Cle�rwater r�te str�cture i� s'srr�i��r t� i�ast local �atilities assum�ir��,T �r� �v�r�g� usage �a�4[�t}0 �alicans �er rnarrth v�l��n a�l c�st �e.�. mwni�ums a�d/c�r ��ii ch�rges� �re ir�cl�ded �� tFre �om��i�r�n. �J�`e ha;re pr��us�yd �xplar�d o�rii� Ch� rat� cor�sultant the poss��i�ity crf ��sin� ap��k �kYre fixed, f��li�� c�s�r�es fr�rn �� v�rium�tric charg�s ar�d advptin� � rate �tru�tur� t��t wc�€�I�i e€imin�te craras�ampt�t��r �Il��v�nc�� fra�r� minic�urn b�il� ��y me�er si��, �nd �� intraduce a r�te str�act�re in w�ich cu��rra�rs t��ul� p�y fc�� ach u€�it c�� cansu�n�tic�� t�ally used. Tl��s �s easier s�id th�r� d�!-s�. 5��h a�h�ra�� is fra�sgh�t v�rit� unin8�nd�� ccrnseq�aences. Th� last tirn� ��e ��asuf�ar�t I�a��c� �� m�kin� su�h ��h�nge, t�� r�sul� vv�s that rat�� ould i�crease �r�m�tic�liy ��r lar�� v�9�,�� z��°s, 1Nsfih �r��ther �r�ter]�v�stew�t�r ra�e �tudy n�w �ar�derway, thi� vu�ufd b� a �rc�piti�aus t;rr�� ta h�ve fhe c�nsul�ant re-exarnin� ��is scen�ricr. Any cha�a��s io a ra�e structu�'e th�t h�s be�rs i� �1�� f�r �ecac��s �nd has senred tl�e city �nd its cus�c�rr�ers �re�! m�st �e th�r�ughly vett�d arsd teste� �� ,sure tP�at pr�pc�sed c�s�nges are equit�ble ar�d sustain�bl�. To pravide "r��e relief' �� sc��e necess��ly rr�ea�?s i�s�t rathers �rill ex�erier�ce r�te incr��ses. Cus�or��rs vvho �laim �hat �hey t�s�� pay f�r c�n�y e�rh�t th�y �ase firec�uently da na� c�r�ssder �h� "be�ti€�d th� �ap„ fix�d c�sts raecessary ��r rri�� ser�rice ��aalable t�a fih�m. `;��cf�sians �I��h the dc�wr� eca�cam�, we are ��Iding increased c�rr�plain�� frorn h�meovvn�r as��c'ratians ar�d �e�fnersjmar�a��rs af r�ulti-unit pr�p�rti�s s�rvec� by mast�r rr��ters ji.e., ran� m�t�r� serrres �I� units �� a��v�n �uildin�;. Th� c�mpla�nt is sirnilar �o tha� ta� the Rustleanraad Crandr�miniurns: Ic��tv �acc�a�ancy r�t�s I��d �c� d�creased cc�ns�amptir�n, thereby ir�rcreasir�� e d�lia betw��en acfival ecr�sumpti�n r��rded an� �he �u�a�e a8lowas�ce includ�d "en the minir�um k�ili #�r their me�er size. S�c� � Item # 25 Attachment number 2 Page 3 of 8 �riticisrr�� v� �Isr� ��n raised tE�r�u�h� t}�e ��ars h� hotels �r�d matel� vvhich ex��rie�ce d�c9i�sir�g accupancy c9�� t� �c�th �ccan�mic c¢nditi�ns �s w�ll as n�rma9 s��s�nalit�r vf �he ��r�st snc�ustry. Vl+'h��e � do�rn e�arre�r��y may dead ta �ncreased vacancy rates �nd decr��sed levels c�f �ansurnptiar�, th� utili�y r�u�t b� prep��d t� d�ii��r servl�ce t� ��I units whe�e��r de�n�nc��d and mus� r��c�up tl�e i�v�stra°ser�� t��ts nec�ss�ryf �c� r�c� sc�. �`V�thin the exist€ng ra�e s�ruct�re. Rsasti�w�c�d Can��aminium h�s �nd�rtakert a seri�s �� h�r�g�s tha� °�vil6 r�d�c� th�ir r�c�nt�f�r �i�li��;. In �he ��enc� c�f � m�dificati�n �€�� r��e siruct�a`� �s di�c�asse� aba��, th�r� ":s na furt��r reli�� v�il��le aC t�r�s tirne. Ex�°.�ibrt A , A-�.: �learv�+ater P€abl�� WVarks Gui Sh�et — tl�ater Lin�s �r� �+eria� A-2: �6ear��te� ��bl�� i1��rks C�rt Sh��t — t�iat�r Lines B-1: ��stlewr��ad Ga�d�rriir�ium fi,�ar 2C�1(!-Feb ��}1�. l.l�il�ty �iilir�g {,AII Se�v�ces� 8-�: ��stlewr�taci C��d�min`sum IVlar 2�1Q-F�b �Ci11 iNater P+�G�I,L M�nthl�y C��sum�ti�n �x�ibit C VV�ter�'t�1a��evva��r Su��y — �r�cal Ciiy �illing �t11[l � Item # 25 Attachment number 2 Page 4 of 8 '`� �°' �..� r..� y �:: .�.� � 6;� Attachment number 2 Page 5 of 8 .� .�� ,,� ...s.� ��. .�s,.�,� _. w� �....... ....... - . t � . — ,..._, �.�_..�..�. __ G..�.� � �� — � � � �, z � ---�—�-�--.�., ��, � � r '' � ; ;, ' + `�,', '� � � � �. �' ° � � � y � � �� ' , � �, �� ' ;_� � � � � �. _F; ' : + �` � �.rr' �- i,� , � 2 .�: , �� - � �t ,� �� ,�� z �� ° �� Y� }�' x.' ,� _ � 3'. A ,• C r �, 4' 1�.'' ,.� � ?� �j � ��. a+�� I I'pi pg"^� �� 1 ' )3 Y1 l � } " w � V� t! J Ip .� L. €j l ��,, Kg1' •�^ i? 1,!' 1 1 ; ' L Ll x ,. � �i '* ti ,4„5 '� � i . l'� -� � p,i `1' P . � �Y. ��i;�� f �I � . � .� .7 ° jt *" m � c"'✓ � �.� ,� � }' ° � '�. n Li 4`� ^'`2 ^' 'Wa ,� n � rj � �� " •� y � � .. . y� 1� � � , ° � , y -. y�. -� �' � ..; a �: �;�lo ; , � � ' r, � � � Yn r� � "� � ' � ai � va w va �i a c. ci y �� r_ 'n a aa �, � � ` ..,_. . ,.r � � �a y� k� ° '� y �s � 7' •� � +� ci, � L �� ....- .} s [! ' � � �„'�:�;: TF�'�� f y ' � �- -, .n = '� r r ". " '� - ' � � ` P � � �, � qo � , � � . - a �' � � ��, �� `al � i 1 ' `. � ` 11 � � � ' � � � '.� � . � �� " � . -� - � � . I �d= a ' , , " , , . z. ' � # tl ° ... � � i� � ��; � + k + I �.�, " i�� i� � ' ..� � � � - . 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Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Renaming Clearwater Beach Marina - Mayor Hibbard SUMMARY: Review Approval: 1) Clerk Meeting Date:3/15/2011 Cover Memo Item # 26 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:3/15/2011 Report on the latest status of the County's proposed digital billboard ordinance and 2011 Legislative Bills pending relating to advertising on FDOT property - Councilmember Jonson SUMMARY: Review Approval: 1) Financial Services 2) Clerk Cover Memo Item # 27 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Harbor Marina Free Parking Pass - Councilmember Gibson SUMMARY: Review Approval: Meeting Date:3/15/2011 Cover Memo Item # 28 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Advisory Boards - Residency Requirements SUMMARY: Meeting Date:3/15/2011 At the February 28, 2011 work session, Council directed staff to provide alternative residency requirements for advisory board membership. In addition to the qualifications specified for board membership, a person appointed to a board shall be a resident of the city at time of appointment and shall maintain residency within the city during the term of appointment and meet one of the following criteria: • Be a registered voter in Finellas County, or • Own real property in the city, or • Provide a valid State of Florida Driver's License issued to an address within city limits, or • Provide a Declaration of Domicile Review Approval: 1) Lega12) Clerk Cover Memo Item # 29 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proposed Legislation regarding short term rentals - Councilmember Jonson SUMMARY: Review Approval: 1) Clerk Meeting Date:3/15/2011 Cover Memo Item # 30 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Big Brothers Big Sisters Presentation - Christa Wingert, Volunteer Coordinator & Big Sister SUMMARY: Review Approval: Meeting Date:3/15/2011 Cover Memo Item # 31 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Women's History Month Proclamation SUMMARY: Review Approval: 1) Financial Services 2) Clerk Meeting Date:3/15/2011 Cover Memo Item # 32 Work Session Council Chambers - City Hall Meeting Date:3/15/2011 SUBJECT / RECOMMENDATION: Civitan Appreciation Month Proclamation - Civitan Member, Frank Kelley and Clearwater Civitan Club President, Susan Meier SUMMARY: Review Approval: Cover Memo Item # 33 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Bombers Day Proclamation SUMMARY: Review Approval: Meeting Date:3/15/2011 Cover Memo Item # 34