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08/29/2011 WORK SESSION AGENDA Council Chambers - City Hall 8/29/2011 - 8:30 AM 1. Presentations 1.1Service Awards Attachments 1.2Graduates from the Supervisory Leadership Training Program Attachments 1.3Business Task Force Presentation Attachments 2. Customer Service 2.1Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, FL in the amount of $216,500.00 for lock box services for the City of Clearwater, from October 1, 2011 through September 31, 2016, and authorize the appropriate officials to execute same. (consent) Attachments 2.2Approve an agreement with Northeast II, Inc., DBA TC Delivers, of Tampa, FL in the amount of $470,000.00 for utility bill printing and mailing, mail processing services and postage for the City of Clearwater from November 1, 2011 through October 31, 2012 and authorize the appropriate officials to execute same. (consent) Attachments 3. Economic Development and Housing 3.1Authorize an intergovernmental loan, in an amount not to exceed $325,440, from funds provided to the City from the United States Environmental Protection Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for cleanup of the CarPro site and adopt Resolution 11-19. Attachments 3.2Approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater, Florida (Agency) that outlines responsibilities for the environmental cleanup of the CarPro site and authorize the appropriate officials to execute same. (consent) Attachments 3.3Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) to produce and distribute the Official Clearwater, Florida Visitor Guide in Fiscal Year 2011-2012 in return for funding in the amount of $26,000 and authorize the appropriate officials to execute same. (consent) Attachments 4. Fire Department 4.1Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year until September 30, 2012 and authorize the appropriate officials to execute same. (consent) Attachments 5. Information Technology 5.1Award a contract (purchase order) to lease desktop and laptop computers for 3 years from Hewlett- Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,300,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250-040-08-1; and authorize the appropriate officials to execute same. (consent) Attachments 6. Parks and Recreation 6.1Approve a five (5) year agreement with both the Boys and Girls Clubs of the Suncoast, Inc. (BGC) and the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City from October 1, 2011 to September 30, 2016 to provide recreational, educational and social programming for the North Greenwood Community at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) Attachments 6.2Approve the Amendment to the Revocable License Agreement between the City of Clearwater, Florida and Sunsets at Pier 60 Society, Inc. (Sunsets) to establish a more clearly defined License Area and to strengthen and clarify language in regard to Sunsets being responsible for vendor and performer selection and authorize the appropriate officials to execute same. (consent) Attachments 6.3Approve a Third Amendment to the Agreement between the City and The Winning Inning, Inc., for the use and operation of the Jack Russell Memorial Stadium and Complex for an additional five (5) years from February 1, 2012 through January 31, 2017 and authorize the appropriate officials to execute same. (consent) Attachments 7. Police 7.1Approve an Interlocal Agreement in the amount of $145,796.57 with the Community Redevelopment Agency (CRA), authorize continuation of two full-time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA, and authorize the appropriate officials to execute same. (consent) Attachments 7.2Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $159,189.12, for a 12-month period, beginning October 1, 2011 and ending September 30, 2012. (consent) Attachments 8. Solid Waste/General Support Services 8.1Award a contract (Purchase Order) to Angelo’s Recycled Materials in the amount of $430,000 for the disposal of solid waste at their site for the period October 1, 2011 through September 30, 2012 as provided in the Clearwater Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) Attachments 8.2Award a contract (Purchase Order) to Pinellas County Solid Waste for an operating expenditure of $4,000,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill, October 1, 2011 through September 30, 2012, as provided in the city’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) Attachments 9. Engineering 9.1Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Ed Wright production well that will provide raw water for the new brackish reverse osmosis water treatment plant at Water Treatment Plant 2 and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve a Legal Services Agreement (annual extension) between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental issues in the amount of $50,000 and authorize the appropriate officials to execute same. (consent) Attachments 9.3Award a construction contract to Gibbs and Register, Inc. of Winter Garden, Florida for the Gulf to Bay Boulevard/Highland Avenue Improvements Project (08-0051-EN) in the amount of $340,265.20, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachments 9.4Approve Supplemental 2 Construction Engineering and Inspection Services (CEI) Work Order to Engineer of Record, Atkins Inc., in the amount of $41,539.15 for the final phase of inspection of the Morningside Traffic Calming Project. (consent) Attachments 9.5Accept a Right of Way and Utility Easement conveyed by Morton Plant Hospital Association, Inc. over, under and across a portion of the northwest 1/4 of the northeast 1/4 of Section 21, Township 29 South, Range 15 East, as more particularly described therein, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) Attachments 10. Official Records and Legislative Services 10.1Appoint one member to the Brownfields Advisory Board with term to expire May 31, 2015. Attachments 10.2Appoint one member to the Clearwater Housing Authority Board with term to expire September 30, 2015. Attachments 11. Legal 11.1Approve Purchase Order in the amount of $25,000 for outside counsel services of Gina Grimes, Esq. for representation of the Community Development Board. (consent) Attachments 11.2Adopt Ordinance 8270-11 on second reading, annexing certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 11.3Adopt Ordinance 8271-11 on second reading amending the future land use element of the Comprehensive plan of the city to designate the land use for certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. Attachments 11.4Adopt Ordinance 8272-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 11.5Adopt Ordinance 8273-11 on second reading, amending provisions of the Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances, to eliminate a provision allowing the recovery for administrative costs as part of the City’s parking ticket dismissal program. Attachments 11.6Adopt Ordinance 8275-11 on second reading, amending Sections 8.08, 15.07(3), 21.06, and 22.39, Clearwater Code of Ordinances, to eliminate any regulations pertaining to firearms that would be contrary to Section 790.33, Florida Statutes (2011). Attachments 11.7Adopt Ordinance 8280-11 on second reading, vacating the 3-foot Utility Easement lying adjacent to and south of the north property line of the West ½ of Lot 26 and all of Lot 27, Carolina Terrace Annex as recorded in Plat Book 12, Page 30, of the public records of Pinellas County, Florida. Attachments 12. City Manager Verbal Reports 12.1Clarification of Lease Terms Clearwater Marine Aquarium Harborview Center Attachments 13. Council Discussion Items 13.1Golf Cart Free Ride Services on the Beach Attachments 13.2Clearwater Marina Boat Slip Administrative Policies Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting 16.1Sickle Cell Awareness Month Proclamation Attachments 16.2End of Session Report - Senator Fasano Attachments Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Andrew Biscardi Gas Michael Stephenson Solid Waste/General Services Benton Rothermel Engineering Charles Floyd Gas Kristina Ward-Connole Fire Monica Juarbe Fire 10 Years of Service Carlton Greene Solid Waste/General Services Douglas Swartz Fire Denis O'Connor Fire Wade Bishop Fire Rick Carnley Solid Waste/General Services 15 Years of Service Von Watson Public Services Darrell Ford Public Services Jack DeShazo Solid Waste/General Services Robin Gomez Internal Audit David Dalton Police Michael Duff Solid Waste/General Services James McBride Police 20 Years of Service Christopher Hunter Gas William Taggart Police 25 Years of Service Susan Marx Gas Lawrence Wynn Public Utilities Karen Miles Finance 30 Years of Service John Schuster Public Utilities Review Approval:1) Human Resources Cover Memo Item # 1 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Graduates from the Supervisory Leadership Training Program SUMMARY: Review Approval: Cover Memo Item # 2 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Business Task Force Presentation SUMMARY: Review Approval: Cover Memo Item # 3 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement with Intuition Systems, Inc., DBA Bill2Pay, of Clearwater, FL in the amount of $216,500.00 for lock box services for the City of Clearwater, from October 1, 2011 through September 31, 2016, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City issued RFP (Request for Proposal) 26-11 to solicit proposals for processing of mailed utility bill remittances, known as lock box services. Based upon the selection criteria contained in the RFP, Bill2Pay was selected as the vendor of choice. Funding in the amount of $43,300 is available in the Fiscal Year 2012 budget in code 0555-09884-530300-519-000-0000. Funding for future years will be submitted in the annual budget process. Operating Expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $43,300$43,300 Current Year Cost:Annual Operating Cost: $216,500 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0555-09884-530300-519-$43,300 000-0000 RFP 26- Yes Bid Required?:Bid Number: 11 None Other Bid / Contract:Bid Exceptions: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) City Review Manager 7) Clerk Approval: Cover Memo Item # 4 Attachment number 1 Page 1 of 5 . Intuition Systems, IncRemittance Processing Agreement st This Remittance Processing Agreement (the "Agreement) is made this 1 day of October, 2011 by and between ., a Florida Corporation with principal offices in Clearwater, Florida, Intuition Systems, IncDBA Bill2Pay, hereinafter referred to as Company, and , a municipal corporation, with principal The City of Clearwater offices in Clearwater, Florida hereinafter referred to as Client In consideration of the mutual covenants contained herein the parties hereby agree as follows: - Company shall furnish the services and follow 1.SERVICES AND PROCEDURES procedures set forth in the attached Exhibit A which is incorporated herein by reference and made a part of this Agreement. - This agreement shall have an initial sixty (60) month term ending at midnight on 2. TERM th September 30, 2016 and will be automatically extended for successive one year terms unless terminated by Company or Client, pursuant to the provisions heref, or upon at least three (3) months written notice to the other party prior to the expiration of theal term or any renewal term. - As consideration for the services herein, Client shall pay to the Company the 3.FEES following service fees: A. Deposits of checks to Bank $ N/C per deposit B. Payment Processing - See Pricing Exhibit C The fees defined in Section 3 above are fixed for the initial sixty (60) month term of the Agreement provided the Client does not initiate a change in the form of itustomer payments, operating procedures, invoices, envelopes or in the regular schedule of such documents. Should Client desire to make any such change, it shall give the Company at least sixty (60) days advance written notice and Client shall be responsible for any additional expenses incurred by Company as a result of Client instituting any such change. - Company will monthly send Client an invoice detailing volumes, prices and 4. BILLING charges. Client shall pay invoices in accordance with the Florida Prompt Payment Act. Invoice and detail will be sent to the following address: Attention Director of Customer Service City of Clearwater P.O. Box 4748 Clearwater, Fl 33758-4748 . 5RESPONSIBILITIES - Company assumes no liability for loss of input A.RESPONSIBILITY FOR THE DATA. payment data, checks or other information before such data is in possession of Company. Company does not guarantee any payment for goods or services provided by Client. Company shall not be liable for any consequential or indirect damages in excess of losses for which it currently carries liability insurance. Company shall name Client as an additional insured Page 1 of 5 Item # 4 Attachment number 1 Page 2 of 5 under such policies and provide copies of same to Client. Company agrees to keep such policies in effect in amounts no less than currently maintained during the pendency of this agreement. Company will reimburse Client for the recovery of overdraft feesed to a Client customer as a direct result of a payment transaction error by Company. Company will further reimburse Client for any payments made by Client to Company which may be subsequently reversed for any reason. The term Company shall include all employees, directors and officers of Company as well as independent contractors hired by the Company to perform any part of the services to be furnished under this agreement. Possession of the data by the Company first occurs when the items to be processed are delivered physically to Company’s processing facility and ends when the information has been delivered to the Client’s depository institution. Except for fees due hereunder, notice of every claim, regardless of B. TIME OF CLAIMS - form, which in any way arises out of this Agreement shall be made by the party obtaining such knowledge to the other party within six (6) months after the basis for such claim becomes known to the party desiring to assert it. - Either party may terminate this agreement upon written notice C.EARLY TERMINATION to the other party if the other party breaches any material termdition of the Agreement (including without limitation, failure to meet service standards) and such breach remains uncorrected for thirty (30) days following the date of receipt oritten notice to such breaching party specifying the breach. In the event of non-payment or withholding of any fees claim by Company to be owing to it, the cure period shall be redced to seven (7) days from which Company has rendered written notice, and if not cured within such time, the Company may immediately terminate the Agreement. Company and Client shall also have the right to terminate this Agreement without cause by providing the other party ninety (90) days advance notice of the date of termination. - 6. MISCELLANEOUS - This agreement shall constitute the entire agreement between A. ENTIRE AGREEMENT the parties. This agreement shall not be amended or modified unless done so in writing and signed by the parties. No other representations have been made by either of the parties other than what has been set forth herein. All of the representations made by Company B. NO OTHER REPRESENTATIONS - with respect to the provisions of the services are as set forth Agreement and Client acknowledges that it has not relied upon any other prior statemets or negotiations. - If any provision of this Agreement shall be held to be invalid o C.SEVERABILITY unenforceable for any reason, the remaining provisions shall connue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. - The parties agree that they with respect to any dispute arising from or D.ARBITRATION relating to this Agreement shall be decided through arbitration under the Rules of the American Arbitration Association, which shall be held in Pinellas County, Florida. Page 2 of 5 Item # 4 Attachment number 1 Page 3 of 5 This Agreement shall be governed by the laws of the State of E. CHOICE OF LAW - Florida. Any dispute arising from or relating to this Agreement shall be dcided in the courts located in Pinellas County, Florida. - The parties agree that they both waive any right to a jury F. WAIVER OF JURY TRIAL trial with respect to any dispute arising from or relating to thement. – The primary point of contact during the contract period G. CONTACT INFORMATION shall be designated in writing to the other party. . The Company shall maintain Worker's Compensation 7INSURANCE AND BOND - Insurance which shall fully comply with the statutory requirements of all applicable state and federal laws and Employers' Liability Insurance with limits of $500,000 per accident for Bodily Injury and $500,000 per employee/aggregate and Commercial General Liability Insurance with a minium combined single limit of liability of $1,000,000 per occurrence er location and $2,000,000 aggregate for bodily injury and/or death and/or property damage and/or personal injury. This policy shall include products, completed operations coverage, and Broad Form Contractual Insurance specifically covering this Agreement. Company shall be responsible for loss to Client caused directly r indirectly by Company and Company shall maintain Fidelity Bond coverage for the dishonest acts of its employees in a minimum amount of $1,000,000. - Whenever, under this Agreement, one party is required to give noce to the 8.NOTICES other, such notice shall be deemed given, if mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid and addressed as shown below. Either party may at any time change its address for notification purposes by mailing as aforesaid a notice stating the change and setting forth the new address. Company Client City of Clearwater Intuition Systems, Inc. DBA Bill2Pay th Attn Director of Customer Service 4700 140 Ave. N. Suite 106 P.O. Box 4748 Clearwater, Fl 33762 Clearwater, Fl 33758-4748 Neither party shall be liable for damages 9. FORCE MAJEURE - Suspension of Operations. for delay in Services herein arising out of causes beyond its control and without its fault or negligence, including, but not limited to, acts of God or of the public enem acts of the government, foreign or domestic terrorists, fires, floods, epidemics, strikes, labor disturbancer freight embargoes (but not including delays caused by subcontractors or suppliers), provided that, in the case of Company, Company shall within four (4) hours from the beginning of such delay, notify Client of the cause of delay and Company's contingency plant to cure such delay; however, if a delay exceeds a total of five (5) days, Client may immediately with necessity of further notic terminate this Agreement. Further, where Company is prevented from providing the Services due to a cause listed in this paragraph, Page 3 of 5 Item # 4 Attachment number 1 Page 4 of 5 Company shall use its best efforts to resume Services as soon as such cause ends. , the parties hereto have executed this Agreement as of the day, month and year In Witness whereof first above written, by the undersigned officers’ thereunto dulyhorized. Intuition Systems, Inc. DBA Bill2Pay By: ____________________ Printed: Iris Kraft Title: Director of Payment Services Date: ___________________ Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: ___________________________ ________________________________ Camilo A. Soto. Rosemarie Call Assistant City Attorney City Clerk Page 4 of 5 Item # 4 Attachment number 1 Page 5 of 5 Exhibit A Company agrees to provide remittance processing and other enumerated related services for Client in accordance with the procedures listed below and procedures document in the attached Lockbox Information Sheet(s). 1. A Post Office caller service box will be opened at the Tampa onal Airport Post Office facility in Tampa, Florida. The actual post office box will be in the name of and owned by Client and Client will grant Company exclusive use of the post office box for the term is Agreement is in effect. Mail addressed to the box will be picked up each Company business day (Monday through Saturday), opened and the envelope contents reviewed and processed in accordance with the terms of the Agreement. 2. Company will open all mail and prepare the remittance coupons and payment checks for processing. Company shall not process those items documented in the Lockbox Information Sheet not to be processed. Unless otherwise agreed upon, all processed checks will be endorsed: Deposit to the Account of Client Account Number Client Name 3. Company is hereby authorized to accept for deposit into Client demand deposit accounts at Clients Bank all checks, drafts and other items made payable to or endorsed in favor of the Client or a reasonable variation thereof. Client has designated their demand deposit accounts to be used by Company for lockbox deposits and adjustments hereunder. The funds associated with the Client will be deposited into the demand deposit account on the date that such checks and remittance coupons are processed by Company, or the next business banking day when such items are processed on a Saturday, Sunday or holiday. 4. Company will deliver by courier to Client on the same day the check and remittance mail is opened and processed such documents together with items not processed for reasons set forth in the Lockbox Information Sheet or Exhibit B. This delivery will include daily hard copy reports, all processed remittances, correspondence, and a copy of the deposit slip as defined by the Client. 5. Company will maintain an image record of all items, checks and remittance coupons, which are processed by Company for a period of one (1) year. Upon request, copies of payment records, or those maintained digitally or on CD, will be sent to Client within 5 days of the request. 6. If the handwritten amount on a payment differs from the numernt, the amount, which agrees to the invoice, will be accepted. 7. Client will notify Company at least sixty (60) days in advanc of any change in the form of its customer payments, invoices, and envelopes or in the regular monthly mailing schedule of such documents. 8. For the purposes of ensuring that the processing of payment data is timely to the Client, the Copany has established production deadlines for all standard payments received by 6:00 AM EST, Monday – Saturday, except during scheduled holidays. In the event the Company suffers hardware failure or any other condition beyond their control, the work will be cut off eo ensure a deposit is posted each day. Intuition Systems, Inc. DBA Bill2Pay City of Clearwater _________ Initial _________ Initial Page 5 of 5 Item # 4 Attachment number 2 Page 1 of 1 Item # 4 Attachment number 3 Page 1 of 1 Item # 4 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an agreement with Northeast II, Inc., DBA TC Delivers, of Tampa, FL in the amount of $470,000.00 for utility bill printing and mailing, mail processing services and postage for the City of Clearwater from November 1, 2011 through October 31, 2012 and authorize the appropriate officials to execute same. (consent) SUMMARY: In 2009 following an RFP (Request for Proposal) process to print, apply postage and mail utility bills and to pick-up, process and apply postage and mail general city departmental U.S. mail, the City selected Northeast II, Inc. as the vendor of choice and awarded a contract for the services. The terms provided for two (2) one-year renewals of the contract at the option of the parties. This is the second of those renewals. The terms of the contract provide for: -Printing, processing (including insertions as required), affixing postage and mailing of city utility bills; -Vendor provides all bill stock and envelopes (mailing and return); -Pick-up, processing, affixing postage and mailing of city department mail. Estimated costs are: Mailing and Printing Services: - $92,000.00; Postage: Utility Bills - $274,000.00; Postage: City Departmental Mail - $104,000.00. Total: $470,000.00. Funding is available in the Fiscal Year 2012 budget. Mail and Printing Services will be charged to 0555-09872-530300-519-000-0000 and charged back to the appropriate departmental cost centers. Postage for City of Clearwater Utility Bills will be charged to 0555-09884-542500-519-000-0000. Postage for City Departmental Mail will be charged to 0555-09872-542500-519-000-0000 and charged back to the appropriate departmental cost centers. Operating Expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $470,000$470,000 Current Year Cost:Annual Operating Cost: $470,000 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0555-09872-530300-519-000-$92,000Mail and Printing Services 0000 0555-09884-542500-519-000-$274,000Postage-Utility Bills 0000 0555-09872-542500-519-000-$104,000Postage-City Departmental Mail 0000 RFP 27- Yes Bid Required?:Bid Number: 09 None Other Bid / Contract:Bid Exceptions: Cover Memo 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager ED 6) City Manager 7) Clerk Review Approval: Item # 5 Attachment number 1 Page 1 of 11 Item # 5 Attachment number 1 Page 2 of 11 Item # 5 Attachment number 1 Page 3 of 11 Item # 5 Attachment number 1 Page 4 of 11 Item # 5 Attachment number 1 Page 5 of 11 Item # 5 Attachment number 1 Page 6 of 11 Item # 5 Attachment number 1 Page 7 of 11 Item # 5 Attachment number 1 Page 8 of 11 Item # 5 Attachment number 1 Page 9 of 11 Item # 5 Attachment number 1 Page 10 of 11 Item # 5 Attachment number 1 Page 11 of 11 Item # 5 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize an intergovernmental loan, in an amount not to exceed $325,440, from funds provided to the City from the United States Environmental Protection Agency as part of the Brownfields Cleanup Revolving Loan Fund Program for cleanup of the CarPro site and adopt Resolution 11-19. SUMMARY: In October 1999, the City Council authorized the City Manager to sign a Loan Fund Agreement and Work Plan for the $500,000 award received from the United States Environmental Protection Agency (EPA) for the Clearwater Brownfields Cleanup Revolving Loan Fund (BCRLF). EPA awarded the City supplemental funds in the amount of $700,000 on September 28, 2006 increasing the original $500,000 award to $1,200,000. The action also approved a time extension of the budget and project period date from September 30, 2001 to December 31, 2011. The current balance of $325,507.75 is available from this award with $325,440 earmarked for this loan for the CarPro site. The BCRLF was structured to provide low-interest loans to parties interested in the redevelopment of environmentally impaired properties. The BCRLF also allows government entities to loan to other government agencies, but requires a City resolution. The rule also states that the City may discount up to 30% of the principal amount of the loan, provided that the total amount of the principal forgiven shall not exceed $200,000. The City determined that the best use of these remaining funds from EPA would be for the cleanup of the CarPro site. The City also determined that the Community Redevelopment Agency (CRA) is in a better position to convey the site to a developer or other private entity if it provides for the environmental cleanup of the site. Resolution 11-19 requests the City Council to allot additional monies in the form of a loan in the amount up to $325,440 to the CRA to complete the remediation of the CarPro site and to address off-site environmental impacts. To obtain a Site Rehabilitation Completion (SRCO) from FDEP (Florida Department of Environmental Protection) for the CarPro site, the City of Clearwater is obligated to address off-site contamination related to the CarPro site. An interlocal agreement will outline the City and CRA responsibilities in preparing the site for redevelopment. The purpose of the agreement is to provide the means by which the CRA and City can mutually work together to use their existing and anticipated resources to meet the expenses incurred for the environmental cleanup of the site. The funds appropriated by the City from the BCRLF will have a zero interest rate and be utilized by the CRA for this purpose and shall be repaid to the BCRLF by the City or the CRA either from: a) amounts repaid to the City or the CRA from the private developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein; b) TIF funds; c) the General Fund of the City through budget appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental cleanup of the other sites; d) other means legally sufficient and approved by EPA. The repayment term is five years from the completion of the environmental cleanup of the site as indicated by a site rehabilitation completion order (SRCO). It is the intent of the CRA to use either sale proceeds, TIF, brownfields funds, and/or environmental cleanup tax credit proceeds for the repayment of the loan. While City general funds are not anticipated to be used, any payment from the City of Clearwater General Fund is subject to the annual appropriations process. As stated earlier, a portion of the loan may be discounted to reduce total funds due to the BCRLF. Appropriation CodeAmountAppropriation Comment Cover Memo 181-99802 325,440Interfund loan to CRA Item # 6 1) Office of Management and Budget 2) Legal 3) Economic Development and Housing 4) Office of Management and Review Budget 5) Legal 6) Clerk 7) Assistant City Manager ED 8) City Manager 9) Clerk Approval: Attachment number 1 Page 1 of 6 Item # 6 Attachment number 1 Page 2 of 6 Item # 6 Attachment number 1 Page 3 of 6 Item # 6 Attachment number 1 Page 4 of 6 Item # 6 Attachment number 1 Page 5 of 6 Item # 6 Attachment number 1 Page 6 of 6 Item # 6 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement between the City of Clearwater (City) and the Community Redevelopment Agency of the City of Clearwater, Florida (Agency) that outlines responsibilities for the environmental cleanup of the CarPro site and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose and intent of this Agreement is to provide a means by which the Agency and the City can mutually work together to use their existing and anticipated resources available to meet specific expenses incurred for the environmental cleanup of real property known as the CarPro (Project). It is also the purpose of this Agreement, through assistance and cooperation, to define and delineate the responsibilities and obligations of the parties in order to accomplish the mutually beneficial Project. The CarPro site in the East Gateway area of the downtown has long been considered an impediment to the redevelopment of the area. For this reason, the CRA acquired this property in August 2010. Due to the value added incurred in obtaining this parcel, the CRA accepted these parcels “as is” and without warranties, and is responsible for the demolition of all structures, and for any future environmental due diligence and mitigation. The City received funds from EPA as part of the Brownfields Cleanup Revolving Loan Fund and determined that the best use of the remaining funds would be for the cleanup of the CarPro site. The City also determined that the Agency is in a better position to convey the Site to a developer or other private entity if it provides for the environmental cleanup of the Site. Resolution 11-19 authorizes a loan up to $325,440 to the CRA for the cleanup of the site. A main objective of the Agreement is to outline that the City, rather than the CRA, is in a better position to enter directly into contracts for environmental cleanup of the Project. The cleanup of the project is currently estimated at $325,440, confirmed by an engineer’s estimate. While we do not anticipate that these costs will be exceeded, the Agreement allows the City, through its Brownfields program or other sources, or the agency to cover the additional cost of remediation and preparing the site for redevelopment. 1) Office of Management and Budget 2) Legal 3) Economic Development and Housing 4) Office of Management and Review Budget 5) Legal 6) Clerk 7) Assistant City Manager ED 8) City Manager 9) Clerk Approval: Cover Memo Item # 7 Attachment number 1 Page 1 of 1 LOCATION MAP: 1359 Cleveland Street 1359 Cleveland Street ² 1359 Cleveland Street Legend Parcel Boundary Clearwater, FL 33755-5104 Community Redevelopment Agency 1359 Cleveland Street Parcel # 152915648900030010 Prepared by: of the City of Clearwater Item # 7 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By:Reviewed By:287B S-T-R:N.T.S. CDDH Date:08/11/2011 Grid #:15-29-15 Scale: www.MyClearwater.com Attachment number 2 Page 1 of 6 Item # 7 Attachment number 2 Page 2 of 6 Item # 7 Attachment number 2 Page 3 of 6 Item # 7 Attachment number 2 Page 4 of 6 Item # 7 Attachment number 2 Page 5 of 6 Item # 7 Attachment number 2 Page 6 of 6 Item # 7 Attachment number 3 Page 1 of 14 Item # 7 Attachment number 3 Page 2 of 14 Item # 7 Attachment number 3 Page 3 of 14 Item # 7 Attachment number 3 Page 4 of 14 Item # 7 Attachment number 3 Page 5 of 14 Item # 7 Attachment number 3 Page 6 of 14 Item # 7 Attachment number 3 Page 7 of 14 Item # 7 Attachment number 3 Page 8 of 14 Item # 7 Attachment number 3 Page 9 of 14 Item # 7 Attachment number 3 Page 10 of 14 Item # 7 Attachment number 3 Page 11 of 14 Item # 7 Attachment number 3 Page 12 of 14 Item # 7 Attachment number 3 Page 13 of 14 Item # 7 Attachment number 3 Page 14 of 14 Item # 7 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) to produce and distribute the Official Clearwater, Florida Visitor Guide in Fiscal Year 2011-2012 in return for funding in the amount of $26,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: In Fiscal Year 2009-2010, the CRCC entered into a three-year contract with Heron Publications to produce the annual Visitor Guide that includes Clearwater and Clearwater Beach businesses. In 2010 and 2011, 50,000 copies were printed each year. The Visitor Guide is produced both in print and electronically. The print version is mailed to consumers, travel trade organizations and is handed out at the State Welcome Centers and Clearwater and Clearwater Beach Visitor Information Centers. Visitor Guides are inserted in appropriate group Welcome Packets to include the Outback Bowl, Jazz Holiday, Super Boat Races, Ironman, reunions, during travel writers familiarization tours and conferences. The electronic version is posted on visitclearwaterflorida.com. Request forms will be available on the website for consumers to request a Visitor Guide by mail. Telephone and email requests are accepted as well. Production of the guide includes selling of advertisement space, writing copy and verification of existing information, photography, development of graphic components and printing. The costs for the Visitor Guide includes advertisement sales, copy writing and proofreading, photography, graphic design, printing, electronic formatting, postage/shipping, fulfillment company charge and envelopes. The personnel involved in producing the Visitor Guide are Heron Publishing’s team, the CRCC staff, and City of Clearwater staff. Final editorial and graphic sign off is the responsibility of the CRCC. In 2011, the CRCC reports its accomplishments as: 1) increased internet views of the Visitor Guide on website; 2) dramatic increase in request for copies by mail and at the State of Florida Welcome Centers; 3) increased distribution to group meetings and conferences being held on Clearwater Beach; and 4) increased distribution through the major properties on Clearwater Beach. $26,000 has been budgeted in the Fiscal Year 2011-12 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. Attached are the CRCC’s Scope of Work and Costs Breakdown for Fiscal Year 2011-12. The term of the contract agreement is one year. Other Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: 26,000 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0010-09216-530300-552-000-26,000 Cover Memo 0000 Item # 8 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Review Approval: Attachment number 1 Page 1 of 6 Item # 8 Attachment number 1 Page 2 of 6 Item # 8 Attachment number 1 Page 3 of 6 Item # 8 Attachment number 1 Page 4 of 6 Item # 8 Attachment number 1 Page 5 of 6 Item # 8 Attachment number 1 Page 6 of 6 Item # 8 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year until September 30, 2012 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Fire Protection Authority is a special district created for the purpose of providing fire protection services throughout the unincorporated areas of Pinellas County, pursuant to Chapter 73-600, Laws of Florida. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide fire protection services, which include: Response of firefighting apparatus, units and personnel to the scene of a fire, life safety related o emergency, man-made or natural disaster or public service request; Command and control of the emergency scene, containment of any fire and mitigation of any hazards, o including specialized rescue; Investigation of any fire to determine the cause and original; o Inspection of commercial, industrial and multi-family dwellings for compliance with fire and life safety o codes; and Education of the public in fire prevention, life safety and disaster preparedness, in accordance with o Section 413. In 1999, the Fire Protection Authority signed a 10-year agreement with the contract providers that expired on September 30, 2009. In Fiscal Year 2009/10 and Fiscal Year 2010/11, the Fire Protection Authority and the contract providers extended the contract for one year respectively, now ending September 30, 2011. In Fiscal Year 2011-2012, the Fire Protection Authority and the contract providers have agreed to extend the contract for another one year period ending September 30, 2012. Through this contract, Clearwater Fire and Rescue will provide fire protection services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County Fire Protection Authority and the City of Clearwater agree that upon approval of this extension, all terms of the original agreement will remain in force and effect as if the original term of the contract extended to September 30, 2012. Cover Memo Item # 9 Pinellas County Fire Protection Authority will continue to compensate Clearwater Fire and Rescue for the fiscal year commencing October 1, 2011 under the same terms as the previous contract. Under that contract, 12.09% of the Clearwater Fire District was determined to be unincorporated Pinellas County for 2011. Therefore, the County reimbursed the City 12.09% of the net department budget or approximately $2.1 Million for fiscal year 2011. The reimbursement percentage can fluctuate year to year as property values within the fire district change. 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 9 Attachment number 1 Page 1 of 2 Item # 9 Attachment number 1 Page 2 of 2 Item # 9 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to lease desktop and laptop computers for 3 years from Hewlett-Packard Financial Services Company, Murray Hill, NJ for an amount not to exceed $1,300,000 in accordance with Sec. 2.564(1)(d) Code of Ordinances, under State Contract 250- 040-08-1; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has leased computers for nine years. The benefits of leasing include operational savings for asset acquisition and maintenance, improved efficiency in user support and asset management, improved security for City systems and network, and improved performance for system users and employees. This term of leasing includes all desktop (~1,100) and laptop (~300) computers within the City. The cost of this lease term is 8% higher than the previous term ('09-'11). The City's computers are upgraded over a 3-year cycle at approximately 33% per year. Costs in the initial year (2011/2012) of the contract will be approximately $365,520. The maximum annual costs for this lease term will be approximately $433,000 in the third year. This agreement includes a value added enhancement. Self-Maintainer Program which enables City staff to be trained at no additional costs to function as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions (Hewlett- Packard tracks and pays (reimburses) for these services for every 15 minutes of work performed). Quarterly payments will be budgeted in the Information Technology annual operating budget, and costs prorated to all departments based upon their respective computer counts, through the Administrative Services Fund charge back for Information Technology services. Operating Expenditure Type: NoNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: None$433,000 Current Year Cost:Annual Operating Cost: $1,300,000$1,300,000 Not to Exceed:Total Cost: 2012 to 2015 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0555-09862-544500-519-000- 0000 No Bid Required?:Bid Number: Cover Memo None Other Bid / Contract:Bid Exceptions: Item # 10 1) Assistant City Manager 2) City Manager Review Approval: 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a five (5) year agreement with both the Boys and Girls Clubs of the Suncoast, Inc. (BGC) and the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City from October 1, 2011 to September 30, 2016 to provide recreational, educational and social programming for the North Greenwood Community at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 16, 2010, the City Council approved changes to the Penny for Pinellas III project list including funding for the renovations to the North Greenwood Recreation and Aquatics Center (NGRAC) and North Greenwood Library (NGL) located on the SW and SE corners of Martin Luther King Jr. Avenue and Palmetto Street. On June 14, 2011, the City Council awarded a contract to Pillar Construction Group, LLC of Clermont, Florida, for renovations of the North Greenwood Recreation and Aquatics Center and North Greenwood Library. When completed, the renovations will allow for BGC and MLKNFC to offer programming at the NGRAC and NGL. BGC will have a variety of programs but their main programming effort will be with tweens and teens. MLKNFC offers more programming for the elementary age children as well as adult support programs. The agreements with each of these organizations are identical in scope and content with the exception of the type of programs and use of the facility by each group and the License fee for each group. Partnering with BGC and MLKNFC to provide the majority of active programming for the center will produce an overall net savings to the City of approximately $180,000; of that $100,000 is in new revenue from license fees and $80,000 is from operational savings to the general budget. City staff will be responsible for scheduling the building for partner agencies including the Library; handling all rentals in the building; operating and programming the aquatics center; maintaining both the Library and Center; handling day to day walk-in patrons who use the fitness center, gymnasium and pool. 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 11 Attachment number 1 Page 1 of 10 Item # 11 Attachment number 1 Page 2 of 10 Item # 11 Attachment number 1 Page 3 of 10 Item # 11 Attachment number 1 Page 4 of 10 Item # 11 Attachment number 1 Page 5 of 10 Item # 11 Attachment number 1 Page 6 of 10 Item # 11 Attachment number 1 Page 7 of 10 Item # 11 Attachment number 1 Page 8 of 10 Item # 11 Attachment number 1 Page 9 of 10 Item # 11 Attachment number 1 Page 10 of 10 Item # 11 Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 10 Item # 11 Attachment number 3 Page 2 of 10 Item # 11 Attachment number 3 Page 3 of 10 Item # 11 Attachment number 3 Page 4 of 10 Item # 11 Attachment number 3 Page 5 of 10 Item # 11 Attachment number 3 Page 6 of 10 Item # 11 Attachment number 3 Page 7 of 10 Item # 11 Attachment number 3 Page 8 of 10 Item # 11 Attachment number 3 Page 9 of 10 Item # 11 Attachment number 3 Page 10 of 10 Item # 11 Attachment number 4 Page 1 of 1 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Amendment to the Revocable License Agreement between the City of Clearwater, Florida and Sunsets at Pier 60 Society, Inc. (Sunsets) to establish a more clearly defined License Area and to strengthen and clarify language in regard to Sunsets being responsible for vendor and performer selection and authorize the appropriate officials to execute same. (consent) SUMMARY: Since March 2, 1995, Sunsets has operated a daily festival to promote tourism and arts on Clearwater Beach in an area known as Pier 60 and Pier 60 Park. The festival, weather permitting, is held daily from 2 hours before sunset to 2 hours after sunset. The Festival has experienced great success and Sunsets desires to use other areas, including a small portion of Beachwalk and the beach area adjacent to Pier 60. This amendment will provide for the establishment of revised boundaries in which Sunsets can operate their festival. In addition, language has been added to clarify that the City in no way has any responsibility for who is allowed to participate in the Festival, as that responsibility falls on Sunsets. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 2 Item # 12 Attachment number 1 Page 2 of 2 Item # 12 Attachment number 2 Page 1 of 1 Exhibit A Legend CCCL Existing Lease Area Proposed Lease Area ² Sunsets at Pier 60 Prepared by: Engineering Department Geographic Technology Division Item # 12 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By:Reviewed By:DGDTM Date:08/16/2011 Grid #:310A20-29s-16e S-T-R:Scale:N.T.S. www.MyClearwater.com Map Document: (V:\GIS\Engineering\Location Maps\Arbor Shoreline LOC Map.mxd) Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Third Amendment to the Agreement between the City and The Winning Inning, Inc., for the use and operation of the Jack Russell Memorial Stadium and Complex for an additional five (5) years from February 1, 2012 through January 31, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 18, 2003, the City Council approved a two-year agreement between the City and Winning Inning for the operation of a baseball school at Jack Russell Memorial Stadium and Complex. The relationship and agreement with Winning Inning has been extremely successful for the citizens of Clearwater as is evidenced by the fact that the original agreement was extended by six years to January 31, 2012. Staff is recommending that an additional five-year extension be awarded to Winning Inning. Under this agreement, The Winning Inning will continue to provide the following services: · Conducts camps, clinics, lessons, strength conditioning, rehab training, tournaments, leagues, etc. · Athletic field and grounds maintenance. · Provide all staff, materials and supplies, and operating expenses associated with the complex including but not limited to electricity, water, sewer, custodial, sanitation and minor building maintenance, and pay all required taxes necessary to the Agency’s operation at the Complex. Under this agreement, the City provides the following: Maintenance for all major capital components of the building, including air conditioners, roof, plumbing, electrical, etc.; subject to available funding by the City. No other in-kind services, supplies, labor, equipment, or funding, whether on loan or for consumption, will be granted to the agency. This agreement may be terminated with 60 days notice by the City for any municipal purpose. This amendment also cleans up and updates some of the minor language in the original agreement, which was entered into in 2003. Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 2 Item # 13 Attachment number 1 Page 2 of 2 Item # 13 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Interlocal Agreement in the amount of $145,796.57 with the Community Redevelopment Agency (CRA), authorize continuation of two full-time equivalent positions to provide Community Police Officers for the East Gateway area of the CRA, and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 29, 2011, the CRA approved the attached Interlocal Agreement to provide Tax Increment Funding (TIF) funding to the City of Clearwater in the amount of $145,796.57 to provide two (2) Community Police officers to the CRA area of the East Gateway. The term of this Interlocal Agreement will be October 1, 2011 through September 30, 2012. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361(1), Florida Statutes, and will be used to provide a more visible community policing presence within the East Gateway neighborhood. This is the fourth year of the Agreement between the CRA and the City. As a result of the officers deployed under the 2008/09 Agreement, conditions have substantially improved in the East Gateway area. Both residents and businesses have enthusiastically embraced the program; however, it is recommended that the program continue as justified by the ongoing activity in the area that negatively impacts the quality of life. Other Type: NoneNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: to For Fiscal Year: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 14 Attachment number 1 Page 1 of 6 Item # 14 Attachment number 1 Page 2 of 6 Item # 14 Attachment number 1 Page 3 of 6 Item # 14 Attachment number 1 Page 4 of 6 Item # 14 Attachment number 1 Page 5 of 6 Item # 14 Attachment number 1 Page 6 of 6 Item # 14 Attachment number 2 Page 1 of 1 Item # 14 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $159,189.12, for a 12-month period, beginning October 1, 2011 and ending September 30, 2012. (consent) SUMMARY: The TriTech System has been operational since October 2007; the final sign-off and payment closing out the project was disbursed in March 2009. The Council previously approved a ten-month TriTech Software Support Agreement, which will expire September 30, 2011. The TriTech System provides an integrated CADS, mobile, and AVL environment, and downloading of data to the report management system (ACISS). Prior to the TriTech System, each of these functions required separate software support and hardware agreements. Funding for renewal of the 12-month Software Support Agreement, in the amount of $159,189.12 is budgeted in Fiscal Year 2011/2012 Police Department operating budget 0010-01162-530300-521-000- 0000. Operating Expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $159,189.12 Current Year Cost:Annual Operating Cost: $159,189.12 Not to Exceed:Total Cost: 2011 to 2012 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 01162-530300 $159,189.12 No Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: 1) Office of Management and Budget 2) Assistant City Manager 3) City Manager 4) Clerk Review Approval: Cover Memo Item # 15 Attachment number 1 Page 1 of 4 Item # 15 Attachment number 1 Page 2 of 4 Item # 15 Attachment number 1 Page 3 of 4 Item # 15 Attachment number 1 Page 4 of 4 Item # 15 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Angelo’s Recycled Materials in the amount of $430,000 for the disposal of solid waste at their site for the period October 1, 2011 through September 30, 2012 as provided in the Clearwater Code of Ordinances, Section 2.561 and authorize the appropriate officials to execute the same. (consent) SUMMARY: The Solid Waste Department collects bulk trash and construction and demolition debris from both commercial and residential customers. This trash and debris (which excludes anything that could putrefy or produce leachate that poses a health or environmental threat) is transported by city collection vehicles to the contractor’s state-permitted disposal facility. During the summer of 2009, the Purchasing Department advertised a request for bids for the disposal services described above. Angelo’s Recycled Materials was awarded a contract by purchase order for Fiscal Year 2009/10. Angelo’s Recycled Materials has provided the city with a letter stating that they would hold their pricing at the current level for the twelve-month period of October 1, 2011 through September 30, 2012. This is the second renewal of an annual contract with the same terms and conditions of the original contract. The Solid Waste Department recommends approval of this item and requests that the purchase order time period run from October 1, 2011 through October 31, 2012 to allow time for processing the September 2012 invoices. Operating Expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $380,000.00 Est. for FY Current Year Cost:Annual Operating Cost: 2011 430,000.00 Not to Exceed:Total Cost: FY 2012 to For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0-424-02082-543500-534-$150,500.00Dump Fee Account 000 0-424-02089-543500-534-$279,500.00Dump Fee Account 000 2nd Renewal Yes Bid Required?:Bid Number: of BID Cover Memo 25/09 Item # 16 None Other Bid / Contract:Bid Exceptions: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Attachment number 1 Page 1 of 1 Item # 16 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) to Pinellas County Solid Waste for an operating expenditure of $4,000,000 for the disposal of solid waste at the Pinellas County waste-to-energy plant/landfill, October 1, 2011 through September 30, 2012, as provided in the city’s Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) SUMMARY: Pinellas County operates the only waste-to-energy plant and landfill in the county. The Solid Waste Department recommends approval of this item and requests that the purchase order time period run from October 1, 2011 through October 31, 2012 to allow time for processing the September 2012 invoices. Operating Expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $3,600,000.00 Est. for Current Year Cost:Annual Operating Cost: FY2011 $4,000,000.00 Not to Exceed:Total Cost: FY 2012 to For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0-424-02082-543500-534-$1,720,000.00Dump Fee Account 000 0-424-02083-543500-534-$1,640,000.00Dump Fee Account 000 0-424-02089-543500-534-$640,000.00Dump Fee Account 000 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 17 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the conveyance of a Distribution Easement to Progress Energy (PE) granting appropriate authority to PE for the purpose of providing electrical service to the Ed Wright production well that will provide raw water for the new brackish reverse osmosis water treatment plant at Water Treatment Plant 2 and authorize the appropriate officials to execute same. (consent) SUMMARY: Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 18 DISTRIBUTION EASEMENT Attachment number 1 Page 1 of 3 KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and ), in consideration of the mutual benefits, covenants and conditcontained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC.), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, appns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or d providing electric energy and service and communication systems, whether to or on behalf of telecommunicatiders or other customers by GRANTEE or premises in Pinellas County, to wit: hereto and incorporated herein by this reference. Tax Parcel Number : 22/29/15/00000/230/0100 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and ilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the conditior to such construction, repairs, alteration, replacement, relocation or removal as a result of safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right fo GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilitle right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area whiin the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenanfacilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rightrivileges reasonably necessary or convenient for GRANTEE of said easement for the purposes described above. The rights ansement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and ser GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights docreate an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obs (except fences) shall be located, constructed, excavated or created within the Easement Afences are installed, they shall be placed so as to allow ready access to facilities and provide a working space of not less than ten (10 feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If future orderly development of the premises is in physical conflth facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation,shall be considered cancelled as to the portion vacated by such relocation. This legal description w GRANTOR. ED WRIGHT PARK This document prepared by R. Alexander Glenn 1300 S. MARTIN LUTHER 3300 Exchange Place KING, CLEARWATER, FL. Lake Mary, Florida 32746 GRANTOR covenants not to interfere with facilities within the Easement Area in premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting m the negligent or wrongful act or omission related to GRANTEEGRANTOR or by agents or employees. Nothing contained herein, however, shall be construed to waive oy the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as Attachment number 1 consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of Page 2 of 3 sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of ___________________________, 2011. GRANTOR: Countersigned: CITY OF CLEARWATER, FLORIDA _____________________________________ By: _________________________________________ Frank V. Hibbard, Mayor William B. Horne, II, City Manager Attest: __________________________________________ Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 STATE OF FLORIDA : \ : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayore City of Clearwater, Florida, who executed the foregoing instrument and a the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is persoally known to me. WITNESS my hand and official seal this_____ day of _______________________________, 2010. _____________________________________________ My commission expires: Notary Public Print/Type Name ____________________________ STATE OF FLORIDA : : ss COUNTY OF PINELLAS: BEFORE ME, the undersigned, personally appeared William B. Horne, II, the Cityager of the City of Clearwater, Florida, who executed the foregoing instrument and a the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is persoally known to me. Attachment number 1 Page 3 of 3 WITNESS my hand and official seal this _____day of _______________________________, 2010. ______________________________________________________ My commission expires: Notary Public Print/type name _______________________________ Approved as to form: _________________________________________ Laura Mahony, Assistant City Attorney Attachment number 2 Page 1 of 1 LOCATION MAP SUBJECT EASEMENT Clearwater Service Area ² Legend Ed Wright Park Parcel Boundary Bldg Footprint Progress Energy Waterbodies Easement Prepared by: Item # 18 Outside CLWTR City limits Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By:Reviewed By:BJRCL Date:8/9/2011 Grid #:306A22-29s-15e S-T-R:Scale:N.T.S. www.MyClearwater.com Attachment number 3 Page 1 of 1 Item # 18 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Legal Services Agreement (annual extension) between the City of Clearwater and Baker and Hostetler LLP, to serve as legal counsel on Environmental issues in the amount of $50,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: Environmental Engineering has engaged Baker and Hostetler LLP to serve as legal counsel for addressing environmental contamination at Joe DiMaggio Sports Complex, Brighthouse Networks Field, Sherwood Yard Facility and other sites as necessary. This is for the purpose of satisfying FDEP (Florida Department of Environmental Protection) regulations and ultimately achieves regulatory closure of these sites. Sufficient budget is available in Capital Improvement Program (CIP) projects 0315-94803, Environmental Assessment and Cleanup in the amount of $16,887 and 0315-96158, Sherwood Yard in the amount of $33,113 for total funding in the amount of $50,000. Capital expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $50,000.00 Current Year Cost:Annual Operating Cost: $50,000.00$50,000.00 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-94803-561000-539-$16,887.00See summary 000-0000 0315-96158-561000-539-$33,113.0See summary 000-0000 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 19 Attachment number 1 Page 1 of 3 Item # 19 Attachment number 1 Page 2 of 3 Item # 19 Attachment number 1 Page 3 of 3 Item # 19 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a construction contract to Gibbs and Register, Inc. of Winter Garden, Florida for the Gulf to Bay Boulevard/Highland Avenue Improvements Project (08-0051-EN) in the amount of $340,265.20, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: Nine general contractors purchased plans and specifications for the project, all nine met the specific prequalification requirements for this project and two submitted bids. The bids ranged from the low bid of $340,265.20 to the high bid of $401,710.43. Generally, the bids appear to be responsive for this type of project at this time. Construction will start following award of contract, shop drawing review, and mobilization (September 2011). Construction is anticipated to take up to one hundred and eighty days. The proposed mast arm signals for the intersection will be installed by a signal contractor under a separate contract, through Traffic Operations. Upon completion the landscape, irrigation and site furnishing will be maintained by Parks and Recreation, and the sidewalks and roadway improvements will be maintained by Public Service. The conceptual plans were presented and are supported by both the East Gateway Business and Neighbors Association and the East Gateway Stakeholders Advisory Group. The City’s Engineering Department developed the Construction Documents for the project. Sufficient budget is available in Capital Improvement Program project 0315-92270, Gulf to Bay Boulevard and Highland Improvements to fund the construction contract. Capital expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $340,265.20 Current Year Cost:Annual Operating Cost: $340,265.20$340,265.20 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Cover Memo Item # 20 Appropriation CodeAmountAppropriation Comment 0315-92270-563700-541-$340,265.20See summary 000-0000 Yes08-0051-EN Bid Required?:Bid Number: None Other Bid / Contract:Bid Exceptions: 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Review Manager 7) City Manager 8) Clerk Approval: Cover Memo Item # 20 Attachment number 1 Page 1 of 18 Item # 20 Attachment number 1 Page 2 of 18 Item # 20 Attachment number 1 Page 3 of 18 Item # 20 Attachment number 1 Page 4 of 18 Item # 20 Attachment number 1 Page 5 of 18 Item # 20 Attachment number 1 Page 6 of 18 Item # 20 Attachment number 1 Page 7 of 18 Item # 20 Attachment number 1 Page 8 of 18 Item # 20 Attachment number 1 Page 9 of 18 Item # 20 Attachment number 1 Page 10 of 18 Item # 20 Attachment number 1 Page 11 of 18 Item # 20 Attachment number 1 Page 12 of 18 Item # 20 Attachment number 1 Page 13 of 18 Item # 20 Attachment number 1 Page 14 of 18 Item # 20 Attachment number 1 Page 15 of 18 Item # 20 Attachment number 1 Page 16 of 18 Item # 20 Attachment number 1 Page 17 of 18 Item # 20 Attachment number 1 Page 18 of 18 Item # 20 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Supplemental 2 Construction Engineering and Inspection Services (CEI) Work Order to Engineer of Record, Atkins Inc., in the amount of $41,539.15 for the final phase of inspection of the Morningside Traffic Calming Project. (consent) SUMMARY: Supplemental 2 CEI work order covers the time frame from May 21, 2011 to close of the project on August 31, 2011. Provides for inspection of final paving at Summerlin Drive and Harn Boulevard, striping and final electrical work on the uplighting at the various roundabouts and closeout of the construction contract by the CEI. Sufficient budget is available in Capital Improvement Program project 0315-92259, Traffic Calming to fund the supplemental work order. Capital expenditure Type: YesNo Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: See summary $41,539.15 Current Year Cost:Annual Operating Cost: $41,539.15$41,539.15 Not to Exceed:Total Cost: 2010 to 2011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 0315-92259-561200-541-$41,539.15See summary 000-0000 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 21 Attachment number 1 Page 1 of 3 Item # 21 Attachment number 1 Page 2 of 3 Item # 21 Attachment number 1 Page 3 of 3 Item # 21 Attachment number 2 Page 1 of 3 Item # 21 Attachment number 2 Page 2 of 3 Item # 21 Attachment number 2 Page 3 of 3 Item # 21 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Right of Way and Utility Easement conveyed by Morton Plant Hospital Association, Inc. over, under and across a portion of the northwest 1/4 of the northeast 1/4 of Section 21, Township 29 South, Range 15 East, as more particularly described therein, given in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) SUMMARY: The main entrance to the Morton Plant Hospital is at the signalized intersection of South Fort Harrison Avenue and Pinellas Street. The City proposes to relocate the existing signal cabinet at the intersection to reduce incidents of damage to the cabinet and signal malfunctions resulting from contact from large trucks turning from southbound Fort Harrison onto westbound Pinellas. The subject easement grants the City sufficient authority to relocate the signal box and its appurtenances more westerly of the intersection to better protect its functions from damaging turning movements. The work will be timely scheduled and will be performed and maintained by the City’s Traffic Operations Division. 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 22 Attachment number 1 Page 1 of 5 Item # 22 Attachment number 1 Page 2 of 5 Item # 22 Attachment number 1 Page 3 of 5 Item # 22 Attachment number 1 Page 4 of 5 Item # 22 Attachment number 1 Page 5 of 5 Item # 22 Attachment number 2 Page 1 of 1 LOCATION MAP: Right-of-Way Easement 135(S) 143 1100 1 1102 1101 11109 67 68 2 39 50 413(S) 3 1105 240(S) 1114 1 14 1312 10 9 4 67 8 4 1116 1118 A&B 5 125 50 100 128.5 235.2 66.8 1211A 3 2 1 2 1211B 7 4 5 436 1 6 3 1 118 89.9 1204 1201 3 118 93.3 8 139(S) 1215 67 4 59 8 9 1213 14 5 1211 5 Morton Plant St 1219 118 5959 116.6 112(S) 6 1222 15 7 118 17 1220 8 58068 8 A 19 C(C) 4 5 21 1234 9 1 2 3 3 128.5 601 173(S) 59 1240 5 678 12 11 14 22 21 1233 59 187 ^ 259.6 ST PINELLAS 1241 111.1 111.5 551(S) 108.6 93.6 16 94(S) 1 1243 11 10 15 2 18 17 20 21 22 4 3 2 1245 3 9 13 12 119 10 7 6 14 4 124 8 17 5 5 127.5 Right-of Way 7 1261 6 280.1 150 5.2 34(S) Easement 1 1 2 1261 150 2 3 92610 3 A C(C) 1305 1285 B 3 63(S) 6 595(S) 37218 211 25 93.8 77.769 64.4 70.4110.2 ² Legend Name: Right-of-Way Easement Parcel Boundary at NW Corner of S. Ft. Harrison Outside CLWTR City limits Ave. and Pinellas St. Prepared by: Clearwater Service Area Item # 22 Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:Reviewed By:CRMTM Date:08/10/2011 Grid #:305B21-29S-15E S-T-R:Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 3 Page 1 of 1 North R/W Line Legal Description A Right-of-Way Easement Begin at the intersection of the north right-of-way line of Pineouth Fort Harrison Avenue for a point of beginning; thencealong the north right-of-way line of Pinellas Street a distance feet ; thence Item # 22 Meeting Date:8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Brownfields Advisory Board with term to expire May 31, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Brownfields Advisory Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: ** MEMBERS: 9 CHAIRPERSON: Wallace Smith MEETING DATE: As Called PLACE: Determined when called APPTS. NEEDED: 1 STAFF LIAISON: Diane Hufford SPECIAL QUALIFICATIONS Three members will be Clearwater residents who live within or adjacent to the Brownfields Area; : Three members will be owners or representatives of businesses operating in the Brownfields area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies or local governments involved with the Brownfields remediation process within Pinellas County and need not be Clearwater residents THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT: 1. Phyllis Franklin – 1861 Venetian Pt. Dr., 33755 – Realtor Office: 423 Cleveland, 33755 st Original Appointment: 9/6/07 (1 term expires 9/30/11) Interested in Reappointment: Yes (Business Owner or Representative) (No other applications on file) Zip codes of current members: 4 at 33755 1 at 33761 1 at 33764 1 at 33765 1 at 33773 1 at 33782 Current Categories: 3 Agency or Government Rep. 3 Business Owner or Rep. 3 Resident Cover Memo Item # 23 Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Attachment number 1 Page 1 of 2 Item # 23 Attachment number 1 Page 2 of 2 Item # 23 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Clearwater Housing Authority Board with term to expire September 30, 2015. SUMMARY: APPOINTMENT WORKSHEET BOARD: Clearwater Housing Authority TERM: 4 years APPOINTED BY:Mayor, Approved by City Council FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: One member must be a Public Housing Resident (effective 10/1/84) MEMBERS: 5 CHAIRPERSON: Robert Aude th MEETING DATES: 4 Friday, 9:00 a.m. (Every other month) PLACE: The Vincent Building, 908 Cleveland Street, Clearwater, FL 33755 APPTS. NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES REAPPOINTMENT FOR A NEW TERM. 1. Terry G. Byrd – 2636 Brewton Ct., 33761 – Original Appointment 9/21/95 Interest in Reappointment: Yes (4th Term expires 9/30/11) CHA letter of recommendation for reappointment attached (1) absence in the past year Zip codes current members on board: 1 at 33756 1 at 33759 2 at 33761 1 at 33767 Review Approval:1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 5 Item # 24 Attachment number 1 Page 2 of 5 Item # 24 Attachment number 1 Page 4 of 5 Item # 24 Attachment number 1 Page 5 of 5 Item # 24 8/29/2011 Meeting Date: Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Purchase Order in the amount of $25,000 for outside counsel services of Gina Grimes, Esq. for representation of the Community Development Board. (consent) SUMMARY: Gina Grimes, Esq. of Hill, Ward and Henderson has been the outside counsel for the Community Development Board (CDB) since 2005, when it was determined that outside counsel was needed because of conflicts of interest. In 2008, the city and Ms. Grimes entered into an open-ended contract, providing for a rate of $150.00 per hour for attorney services and $105.00 per hour for travel, along with reimbursement for reasonable compensable expenses. Ms. Grimes' invoices have averaged approximately $10,000 - $12,000 per year for legal services, including representation on several CDB appeals. $25,000 will fund Ms. Grimes' services to the CDB for approximately 2 years. Funds are available in the City Attorney's Professional Services Budget. Operating Expenditure Type: YesNone Current Year Budget?:Budget Adjustment: Budget Adjustment Comments: $25,000 Current Year Cost:Annual Operating Cost: $25,000 Not to Exceed:Total Cost: 10012010 to 09302011 For Fiscal Year: Appropriation CodeAmountAppropriation Comment 010-09600-530100-514-$25,000 000-0000 No Bid Required?:Bid Number: Sole Other Bid / Contract:Bid Exceptions: Source 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Review Approval: Cover Memo Item # 25 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8270-11 on second reading, annexing certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Review Approval: Cover Memo Item # 26 Attachment number 1 Page 1 of 3 Item # 26 Attachment number 1 Page 2 of 3 Item # 26 Attachment number 1 Page 3 of 3 Item # 26 Attachment number 2 Page 1 of 3 Item # 26 Attachment number 2 Page 2 of 3 Item # 26 Attachment number 2 Page 3 of 3 Item # 26 Attachment number 3 Page 1 of 1 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 PROPOSED ANNEXATION MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 10.838 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 26 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8271-11 on second reading amending the future land use element of the Comprehensive plan of the city to designate the land use for certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Residential Low (RL) and Drainage Feature Overlay. SUMMARY: Review Approval: Cover Memo Item # 27 Attachment number 1 Page 1 of 2 Item # 27 Attachment number 1 Page 2 of 2 Item # 27 Attachment number 2 Page 1 of 3 Item # 27 Attachment number 2 Page 2 of 3 Item # 27 Attachment number 2 Page 3 of 3 Item # 27 Attachment number 3 Page 1 of 1 1849 1842 1837 1837 1818 1813 DFO (City) 1754 1771 1749 1746 1746 (County Only) 1741 1741 1736 1736 1733 1728 DFO (City) 1727 1718 17161716 1717 1712 1705 FUTURE LAND USE MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 10.838 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 27 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8272-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1842 and 1849 Diane Drive; 1727 and 1771 El Trinidad Drive; 1717, 1718, 1736, and 1741 Evans Drive; 1728, 1736 and 1746 Grove Drive; 1705, 1712, 1716, and 1746 Lucas Drive; 1813 and 1837 Marilyn Drive; 1818 and 1837 Skyland Drive; 2738 Terrace Drive; 1716, 1733, 1741, 1749, and 1754 Thomas Drive; together with all right of way of El Trinidad Drive East, within Diane Heights Replat Subdivision; all right of way of Morningside Drive, Winwood Drive and El Trinidad Drive East within Winwood Subdivision; all right of way of Marilyn Drive abutting Lots 2 through 6, Block H; all right of way of Skyland Drive abutting Lot 3 through the North 16 feet of Lot 8, Block I; all right of way of Diane Drive abutting Lot 3, Block J through Lot 14, Block I and Lots 9 through 11, Block J; all right of way of Morningside Drive abutting Lot 11, Block J; intersection of Morningside Drive and Diane Drive in Carlton Terrace First Addition; all right of way of El Trinidad Drive East abutting Lots 1 through 7, Block 1; and abutting Lots 11 through 18, Block 1; all right of way of Terrace Drive (previously known as El Trinidad Drive North) abutting Lot 15, Block 2 in Virginia Grove Terrace; all right of way of Evans Drive abutting Lots 20 through 30, Block 6 in Virginia Grove Terrace Fourth Addition; all right of way of Grove Drive abutting Lot 27, Block 2; and abutting Lot 6 through Lot 8, Block 4; and abutting Lot 10, Block 4, and abutting Lots 12 through 15, Block 4; all right of way of Terrace Drive as shown on the Subdivision Plat in Virginia Grove Terrace First Addition; all right of way of Lucas Drive abutting Lot 1, Block 6 and abutting Lot 29, Block 5, and abutting Lots 4 through 12, Block 6 in Virginia Grove Terrace Third Addition; all right of way of Thomas Drive abutting Lots 16 through 18, Lots 20 through 25, and Lot 27, Block 4; and abutting Lot 5 Block 5; and all right of way of Terrace Drive, abutting Lots 7 through 10, Block 3 in Virginia Grove Terrace Second Addition; upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Review Approval: Cover Memo Item # 28 Attachment number 1 Page 1 of 2 Item # 28 Attachment number 1 Page 2 of 2 Item # 28 Attachment number 2 Page 1 of 3 Item # 28 Attachment number 2 Page 2 of 3 Item # 28 Attachment number 2 Page 3 of 3 Item # 28 Attachment number 3 Page 1 of 1 1849 1842 1837 1837 1818 1813 1754 1771 1749 1746 1746 1741 1741 1736 1736 1733 1728 1727 1718 17161716 1717 1712 1705 ZONING MAP Owner MULTIPLE OWNERS Case: ATA2011-01001 Property Size (Acres): DIANE AREA PHASE C: Multiple lots south of Sunset Point 25 PARCELS @ 4.94 acres Site: Road, east of US 19 and north of SR 590 (see next page) + 10.838 acres ROW Rights-of-way (Acres): Land Use Zoning Parcels—see last PIN: page From: RL, P (County) R-3 (County) To: RL, Drainage Feature LMDR (City) Overlay (City) Atlas Page: 264A Item # 28 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8273-11 on second reading, amending provisions of the Chapter 30, Traffic and Motor Vehicles, Clearwater Code of Ordinances, to eliminate a provision allowing the recovery for administrative costs as part of the City’s parking ticket dismissal program. SUMMARY: Review Approval: Cover Memo Item # 29 Attachment number 1 Page 1 of 2 Item # 29 Attachment number 1 Page 2 of 2 Item # 29 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8275-11 on second reading, amending Sections 8.08, 15.07(3), 21.06, and 22.39, Clearwater Code of Ordinances, to eliminate any regulations pertaining to firearms that would be contrary to Section 790.33, Florida Statutes (2011). SUMMARY: Review Approval: Cover Memo Item # 30 Attachment number 1 Page 1 of 5 Item # 30 Attachment number 1 Page 2 of 5 Item # 30 Attachment number 1 Page 3 of 5 Item # 30 Attachment number 1 Page 4 of 5 Item # 30 Attachment number 1 Page 5 of 5 Item # 30 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8280-11 on second reading, vacating the 3-foot Utility Easement lying adjacent to and south of the north property line of the West ½ of Lot 26 and all of Lot 27, Carolina Terrace Annex as recorded in Plat Book 12, Page 30, of the public records of Pinellas County, Florida. SUMMARY: Review Approval: Cover Memo Item # 31 Attachment number 1 Page 1 of 2 Item # 31 Attachment number 1 Page 2 of 2 Item # 31 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clarification of Lease Terms Clearwater Marine Aquarium Harborview Center SUMMARY: Review Approval: Cover Memo Item # 32 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Golf Cart Free Ride Services on the Beach SUMMARY: Review Approval: Cover Memo Item # 33 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Clearwater Marina Boat Slip Administrative Policies SUMMARY: Cover Memo Review Approval:1) Assistant City Manager ED 2) City Manager Item # 34 Attachment number 1 Page 1 of 20 Item # 34 Attachment number 1 Page 2 of 20 Item # 34 Attachment number 1 Page 3 of 20 Item # 34 Attachment number 1 Page 4 of 20 Item # 34 Attachment number 1 Page 5 of 20 Item # 34 Attachment number 1 Page 6 of 20 Item # 34 Attachment number 1 Page 7 of 20 Item # 34 Attachment number 1 Page 8 of 20 Item # 34 Attachment number 1 Page 9 of 20 Item # 34 Attachment number 1 Page 10 of 20 Item # 34 Attachment number 1 Page 11 of 20 Item # 34 Attachment number 1 Page 12 of 20 Item # 34 Attachment number 1 Page 13 of 20 Item # 34 Attachment number 1 Page 14 of 20 Item # 34 Attachment number 1 Page 15 of 20 Item # 34 Attachment number 1 Page 16 of 20 Item # 34 Attachment number 1 Page 17 of 20 Item # 34 Attachment number 1 Page 18 of 20 Item # 34 Attachment number 1 Page 19 of 20 Item # 34 Attachment number 1 Page 20 of 20 Applicant Date Marine & Aviation Director Item # 34 Attachment number 2 Page 1 of 11 Item # 34 Attachment number 2 Page 2 of 11 Item # 34 Attachment number 2 Page 3 of 11 Item # 34 Attachment number 2 Page 4 of 11 Item # 34 Attachment number 2 Page 5 of 11 Item # 34 Attachment number 2 Page 6 of 11 Item # 34 Attachment number 2 Page 7 of 11 Item # 34 Attachment number 2 Page 8 of 11 Item # 34 Attachment number 2 Page 9 of 11 Item # 34 Attachment number 2 Page 10 of 11 Item # 34 Attachment number 2 Page 11 of 11 Item # 34 Attachment number 3 Page 1 of 1 Item # 34 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: Sickle Cell Awareness Month Proclamation SUMMARY: Review Approval: Cover Memo Item # 35 Meeting Date: 8/29/2011 Work Session Council Chambers - City Hall SUBJECT / RECOMMENDATION: End of Session Report - Senator Fasano SUMMARY: Review Approval: Cover Memo Item # 36