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01/14/20131. Presentations 1.1 Service Awards � Attachments 2. Financial Services WORK SESSION AGENDA Council Chambers — City Hall 1/14/2013 — 1:00 PM 2.1 Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and authorize the appropriate officials to execute same. (consent) � Attachments 3. Gas System 3.1 Approve the second renewal of a Purchase Order, in the amount of $939,050, with Florida Gas and Electric Corporation for the Installation of Gas Mains and Service Lines for the period February 1, 2013 to January 31, 2014; approve the Assignment and Assumption Agreement to Florida Gas Contractors for Purchase Order 507859 and 508013 and authorize the appropriate officials to execute same. (consent) � Attachments 3.2 Approve an increase of $1,298,132 in the Clearwater Gas System Fiscal Year 2012/2013 Dividend to the City General Fund and allocate $250,000 of this back to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas Vehicle Fueling Station. (consent) � Attachments 4. Marine and Aviation 4.1 Authorize the initiation of an eviction action in Pinellas County Court against the holdover tenants, who are heirs of the deceased leasees George H. and Dara L. Greene, whom operated the business known as Marina Gifts and Souvenirs at the Marina Building. (consent) � Attachments 5. Parks and Recreation 5.1 Approve a recommendation by the Public Art and Design Board for the commission of a public art sculpture, Middens, to be installed at the Clearwater Harbor Marina, located at 215 Drew Street, as designed by artist Cliff Garten of Cliff Garten Studio, for a total cost of $215,000 (including 7.5% contingency) and transfer $86,561 of this amount from the Public Art Fund (CIP 0325-93608) to the project fund (CIP 0325-93405). (consent) � Attachments 5.2 Award the following purchase arders to complete Phase II construction of the Buccaneers Field at the Walter C. Campbell Sr. Park: Scotty's Land Development ,$14,778.06 (PO ST108387); Keystone Excavators, $49,467 (PO ST108394); Smith Fence Company, $41,995.00 (PO ST108386); Himes Electric, $77,605.00 (PO ST108403); authorize the City Manager or his designee to sign the standard AIA Documents A101 — 2007 between the City and Clearwater for Youth (CFY) and each vendor as a requirement of the Local Initiatives Support Corporation (LISC) grant; increase CIP 315-93629 by $100,000 at first quarter, to be reimbursed by CFY according to a Project Agreement between the City and CFY; and authorize the appropriate officials to execute same. (consent) � Attachments 5.3 Approve an amendment allowing for a time extension to the existing grant agreement between the City of Clearwater and the Florida Department of Environmental Protection Office of Greenways and Trails (OGT) for the construction of trails at the Lake Chautauqua Nature and Equestrian Preserve and authorize the appropriate officials to execute same. (consent) � Attachments 5.4 Approve the Second Amendment between the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City of Clearwater for the recreational, educational and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) � Attachments 5.5 Approve a blanket purchase order to Mid—PinellasUmpire Assoc. for $200,000 to provide umpiring and scorekeeper services for recreation leagues and tournaments held in Clearwater through December 31, 2013 according to Bid OS-12. (consent) � Attachments 5.6 Approve a revised Standard Agreement Form to be used with the various Youth Co—Sponsor Groups and the City of Clearwater and authorize the City Manager and/or his designee to approve such agreements. (consent) � Attachments 5.7 Ratify and confirm the City Manager's approval of a Purchase Order for Construction Manager at Risk Creative Contractors, Inc. of Clearwater, Florida, in the amount of $242,682.59 for the modification of two parking lots, which includes all labor and material cost to complete the modification, and authorize the appropriate officials to execute same. (consent) � Attachments 5.8 Provide additional direction regarding a possible business lease contract between the City of Clearwater (City) and Community Dental Clinic, Inc. (CDC) to lease City property (still to be determined) for the purpose of operating a dental care clinic. (WSO) � Attachments 6. Police 6.1 Approve the renewal of the Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding, allowing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security, and authorize the appropriate officials to execute same. (consent) � Attachments 6.2 Approve an Option of Renewal Agreement to continue the Interlocal Agreement for Information Sharing that will permit the Clearwater Police Department and other participating law enforcement agencies within Pinellas County to share information and provide effective crime analysis and crime prevention information for Pinellas County residents for an additional five—year period, and authorize the approp-iate officials to execute same. (consent) � Attachments 6.3 Approve the Pinellas County Combined Voluntary Cooperation Agreement and Operational Assistance Agreement for law enforcement services for the period February 1, 2013 through January 31, 2017 and autharize the appropriate officials to execute same. (consent) � Attachments 7. Solid Waste/General Support Services 7.1 Award a Contract (Purchase Order) for $238,839.00 to Atlantic Truck Center of Pompano Beach, FL for one M2 Freightliner Chassis with Wayne Gladiator Sweeper, in accardance with Sec. 2.564(1)(d), Code of Ordinances —Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and autharize the appropriate officials to execute same. (consent) L� Attachments 8. Engineering 8.1 Approve Amendment number 1 to the signal maintenance and reimbursement agreement between the City of Clearwater and the Florida Department of Transpartation and authorize the appropriate officials to execute same. (consent) � Attachments 8.2 Approve Change Order 1 to Adkins Contracting, Inc. of Ruskin, Florida for the 2011 Underdrain Contract (10-0016—EN) for $253,010.89 for a new contract tc�l of $791,023.73, a time extension of 200 calendar days to allow for completion of additional work, and authorize the appropriate officials to eXecute same. (consent) � Attachments 8.3 Approve the First Amendment to Drainage Easement Agreement between the City and Crum Properties II, LLC for the relocation of a drainage area to accommodate construction of Fire Station 45; and authorize the appropriate officials to execute same. (consent) � Attachments 9. Planning 9.1 Provide direction on the proposed recommendations of the Business Task Force regarding the Development Agreement process. (WSO) � Attachments 9.2 Verbal Report on Outdoor Cafes in the OSR District (WSO) � Attachments 10. Official Records and Legislative Services 10.1 Appoint one member to the Parks and Recreation Board with term to eXpire January 31, 2017. � Attachments 10.2 Approve an agreement with Alcalde and Fay to provide lobbying services at the federal level from January 1, 2013 through December 31, 2018 at a cost of $4,000 per month, plus eXpenses estimated not to exceed $3,200 per year, and authorize the appropriate officials to execute same. � Attachments 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports � Attachments 12. Council Discussion Items 12.1 Landscaping on Island Way medians � Attachments 12.2 Courtney Campbell Causeway Trail Project Update — Councilmember Jonson L� Attachments 13. Closing Comments by Mayor 14. Adjourn 15. Presentation(s) for Council Meeting 15.1 Service Awards � Attachments 15.2 Feeding America Tampa Bay — Thomas Mantz, CEO � Attachments 15.3 Human Trafficking Awareness Month Proclamation — Chief Holloway � Attachments 15.4 Flag Dedication � Attachments Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Donovan Burns Elpidio Alamilla Amelia Cruz David Melton Sean Ambrose Manuel Diaz 10 Years of Service Stacy Reilly Dawn Lewellyn Andrew Rawlins Ann Galluccio Laura Mahony Jeffery Schmitt 15 Years of Service Suzanne Sobkowiak Kathleen Bedini Ken Sides John Connor Kris Wise Stephen Wannos 25 Years of Service Nelson DeJesus Christopher Cruickshank Parks and Recreation Parlcs and Recreation Customer Service Parks and Recreation Parks and Recreation Police Clearwater Gas Parks and Recreation Parks and Recreation Library Legal Solid Waste/General Services Police Engineering Engineering Police Police Police Fire Parks and Recreation Review Approval: 1) Human Resources Meeting Date:l/14/2013 Cover Memo Item # 1 Work Session Council Chambers — City Hall Meeting Date:l/14/2013 SUBJECT / RECOMMENDATION: Declare list of vehicles and equipment surplus to the needs of the City; authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida; and autharize the appropriate officials to execute same. (consent) SUMMARY: All vehicles and equipment have been replaced as necessary, or are no longer required. Tampa Machinery Auction is the Tampa Bay Purchasing Cooperative Auctioneer of Record. Tampa Machinery Auction holds a live auction monthly and accepts internet bids at the time of the live auction. Type: Other Current Year Budget?: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0566-00000-364413-000— 0000 Bid Required?: No Other Bid / Contract: to Amount To Be Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Sale proceeds Bid Number: Bid Exceptions: None None Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 2 Fleet Surplus for Auction ITEM # ASSET # YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS / DISPOSAL 1 G0450 1975 FORD FIRE TRUCK D80CVU87241 78,750 Age/Condition/Replaced 2 G0596 1992 FORD TRACTOR A415550 596HRS. Age/Condition/Not Replaced 3 G1245 1994 CASE BACKHOE WITH SIDE BOOM JJG0185641 2412HRS. Age/Condition/Replaced 4 G2317 2000 SONOMA PICK UP TRUCK 1GTCS14WOYK299601 92,120 Age/Condition/Replaced 5 G2330 2000 CHEVY SILVERADO 1500 P/U TRUCK 1GCEC14V4YZ366642 76,315 Age/Condition/Replaced 6 G2344 2001 INTERNATIONAL LPG TANKER 1HTSCABN41H380321 ll9,603 Age/Condition/Replaced 7 G2411 2001 SAVANNA CARGO VAN 1GTHG35R811230131 115,495 Age/Condition/Replaced 8 G2553 2002 MORBARK BRUSH CHIPPER 4S8SZ16132W023531 175 HRS. Age/Surplus/Not Replaced 9 G2121 1999 WACKER JACK HAMMER 1164272 0 Age/Condition/Replaced 10 G2557 2002 CRANE CARRIER REAR LOAD GARBAGE 1CYCCC4842T045691 94,597 Age/Condition/Replaced 11 G2712 2003 MORBARK DRUM BRUSH CHIPPER 4S8SZ16113W023738 516 HRS. Age/Surplus/Not Replaced 12 G2891 2004 STERLING ACTERRA JAWS TRUCK 2FZACHDC45AN64442 93,324 Age/Condition/Replaced 13 G3498 2008 EZ-GO 1200G UTLITY VEHICLE 2603535 3280HRS. Age/Condition/Replaced 14 G3512 2000 JETSKI TRAILER 1ZJBE14174C001853 Age/Condition/Replaced 15 NONE 1997 1997 JOHNSON V6 OUTBOARD J150SLECD G04414923 Age/Surplus/Not Replaced 16 NONE 2 LIQUID PUMP ENGINES Age/Condition/Not Replaced 17 NONE FIRE DEPT EZ-GO Age/Condition/Not Replaced 19 G2924 2004 262 CATAPILLAR SHID STEER CAT00262ECED02946 5895HRS. Age/Condition/Replaced 22 G2412 2002 CHEVY 3500 CREW CAB DUMP BODY 1GBJC33U72F228013 66,967 Age/Condition/Replaced 24 G2868 2004 WACKER 3" DIAPHRAGM PUMP 5435563 0 Age/Condition/Replaced 25 G2871 2004 WACKER 3" DIAPHRAGM PUMP 5435565 0 Age/Condition/ Replaced 26 G2870 2004 WACKER 3" DIAPHRAGM PUMP 5435564 0 Age/Condition/ Replaced 27 G2700 2003 CHEVY 3500 CREW CAB FLATBED DUMP 1GCJC33U63F216626 86,541 Age/Condition/ Replaced 29 G3096 2006 HONDA PRESSURE WASHER 04-04931 0 Age/Condition/Not Replaced 30 G2156 1999 FORD F350 UTILITY BODY PICK UP TRUCK 1FDWF36L9XEE65204 78,350 Age/Condition/Replaced 31 NONE AMI MODEL -1MAN TOLL BOOTH 1498 Age/Surplus/Not Replaced 32 NONE GARAVENTA STAIR LIFT 94-346-25 Age/Surplus/Not Replaced 33 G3170 2006 FORD CROWN VICPOLICEPURSUITVEHICLE 2FAFP71W46X122720 98,790 Age/Condition/Replaced 34 35 No Keys Required Have Keys Accident Damage/Not Replaced Budget Reduction/Not Replaced Age / Condition/ Replaced Age / Condition Item # 2 SUBJECT / RECOMMENDATION: Work Session Council Chambers — City Hall Meeting Date: ] /14/2013 Approve the second renewal of a Purchase Order, in the amount of $939,050, with Florida Gas and Electric Corporation for the Installation of Gas Mains and Service Lines for the period February 1, 2013 to January 31, 2014; approve the Assignment and Assumption Agreement to Florida Gas Contractors for Purchase Order 507859 and 508013 and authorize the appropriate officials to execute same. (consent) SUMMARY: Florida Gas and Electric is Clearwater Gas System's (CGS) primary contractor, who installs Gas Mains and Service Lines to meet residential, commercial and industrial customer requirements in support of gas sales and operations. Florida Gas and Electric has performed satisfactory work since the contract was awarded on February 1, 2011. This is the final renewal authorized in the original bid. Florida Gas and Electric has agreed in writing to hold current pricing on the estimated quantities for the Installation of Gas Mains and Service Lines in Bid OS-11 in the cortract amount of $939,050 for the period February 1, 2013, to January 31, 2014, and has provided a Performance Bond and Proof of Insurance. In addirion, Florida Gas and Electric has changed its name to Florida Gas Contractors, Inc., effective January 1, 2013. The company continues to operate under the same ownership and staff. Therefore, no operational changes have been made as a result of the name change. As a result, Florida Gas and Electric has executed an Assignment and Assumption Agreement, which assigns all rights, ritle and interests from the existing contract "Installation of Gas Mains, Service Lines and House Piping at Various Locations", dated February 1, 201 1, to Florida Gas Contractors, Ina In addition, this Agreement will also assign the contract "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations", dated April 1, 2012, to Florida Gas Contractars as well. Funds are available in Code 315-96378 ($187,810) P�co New Mains and Service Lines, Code 315�6377 ($75],240) Pinellas New Mains and Service Lines, in the Clearwater Gas System budget to support these requirements. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-96377 315-96378 Bid Required?: Other Bid / Contract: Capital expenditure Yes $939,050 $939,050 l 0/1 /] 2 to 9/30/13 Yes Amount 751,240 187,810 Budget Adjustment Annual Operating Cost: Total Cost: No $939,050 $939,050 Appropriation Comment Pinellas New Mains and Service Lines Pasco New Mains and Service Lines Bid Number: Bid Exceptions: OS-11 None Review Approval: 1) Office of Management and Budget 2) Legal 3) Purchasing 4) Legal 5) Clerk 6) Assistant City Manager 7) C��I�gr 8) Clerk Item # 3 December I2, 2012 TO OUR CUSTOMERS, SUPPLIERS AND BUSINESS PARTNERS: We are excited to announce that we are changing our company name to FLORIDA GAS CONTRACTORS, INC. effective January 1, 2013. Our company will continue to operate in its current structure and your contacts will remain the same. There has been no change in ownership, no change in staff and no change in location. We look forwazd to continuing to work together with you in partnership as we continue to grow to better serve our industry. P. O. Box 280 • Dade City FL 33526-0280 Office: 813�996•0019 * Fax: 813•996•2919 c� � E a� � FLOItIDA GAS CONTItAC'I'pRS January 2, 2012 Clearwater Gas System 400 North Myrtle Avenue Clearwater FL 33755 c� Attn: Brian Langille, PE, CEM, Operations Manager — Supply & Distribution � Mike Deegan, CGS Operations Coordinator � � Dear Mr. Langille & Mr. Deegan, This letter is to advise you that we wish to extend our contract #OS-11, Installation of Gas Main, Service Lines and House Piping at Various Locations, for another year. We are aware that the contract extension would begin February 1, 2013 and continue through January 31, 2014. With this request for extension, we agree to roll over our bid and hold the current prices for the duration of this extension. Upon receipt of your acceptance of this request, we will furnish a Performance/Payment Bond in the amount of $314,565.00 and a Certificate of Insurance for the City of Clearwater. If you need anything further from us, please let us know. Thank you, Sincerely, David L. Runyan Vice President DLR/mp P. O. Box 280 • Dade City FL 33526-0280 Office: 813•996�0019 • Fax; 813•9962919 Fo�, W-9 (Rev. December 2011) Department of tlie Treasuy Intemal Revenue Sevioe N N O1 � G c 0 �c � `0 2 e �� — a� � v m �n �i � Request for Taxpayer Give Form to the requester. Do not Identification Number and Certification send to the IRS. on your income tax Florida Gas Contractors, Inc. Business name/disregarded entity name, Check appropriate box for federal tax classification: ❑ Individual/sole proprietor ❑ C Corporation ❑✓ S Corporatlon ❑ Partnership ❑ TrusVestate � Limited liability company. Enter the tax classification (C=C corporation, S�S corporation, P=partnership) ► L� Other (see instructions) ► Address (number, street, and apt. or suite no.) P. O. Box 280 City, state, and ZIP code Dade City, Florida 33526-0280 List account number(s) here (optional) Requester's name � Taxpayer ldentification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuais, this is your sociai security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identiflcation number (EIN). if you do not have a number, see How to get a TIN on page 3. Note. if the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Exempt payee �0�0�� Under penalties of perjury, i certify that: 1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be issued to me), and c� � 2. i am not subject to backup withhoiding because: (a) i am exempt from backup withholding, or (b) i have not been notified by the internai Revenue Service (IRS) that I am subject to backup withholding as a resuit of a failure to report all interest or dividends, or (c) the IRS has notified me that i am no longer subject to backup withhoiding, and 3. i am a U.S. citizen or other U.S. person (defined below), Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currentiy subject to backup withholding because you have failed to report ail interest and dividends on your tax retum. For reai estate transactions, item 2 does not appiy. For mortgage interest paid, acquisition or abandonment of secured property, canceilation of debt, contributions to an individual retirement arrangement (IRA), and generaily, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on oaae 4. �, . _ v'y" Signaturo of Here U.S. person I Generallnstruc ns Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to flie an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for exampie, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, canceliation of debt, or contributions you made to an IRA. Use Form W-9 oniy if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicabie, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withhoiding, or 3. Claim exemption from backup withhoiding if you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business oe�. 'Z-1 �—Zo � z Note. if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantiaily similar to this Form W-9. Definition of a U.S. person. For federai tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as deflned in Regulations section 301.7701-�. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withhoiding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to estabiish your U.S. status and avoid withhoiding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income, Cat No. 10231X Form W-9 (Rev. 12-2011) ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement (this "Assignment'� is dated January , 2013, by and among Florida Gas & Electric Corporation, a Florida corporation ("Assignor'�, and Florida Gas Contractors, Inc. a Florida corporation ("Assignee'�. Assignor and Assignee agree as follows: 1. Assi�nment and Assumption. Assignor hereby assigns to Assignee all of Assignor's right, title, and interest in that certain contract for the Installation of Gas Mains, Service Lines and House Piping at Various Locations, dated February 1, 2011, between Assignor and the City of Clearwater, Florida, ("City") and that certain contract for the Replacement of Antiquated Gas Mains, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Yarious Locations, dated April 1, 2012, between Assignor �.r, and the City of Clearwater, Florida, copies of which aze attached to this Assignment as Exhibit � "A" (together, the "Agreements'�, and Assignee hereby assumes and agrees to satisfy and � dischazge, as the same become due, all of the obligations under the Agreements arising on or "= after the effective date of this Assignment. 2. Further Assurances. Assignor and Assignee agree to execute such further and other assurances and to do such other acts as each party, and the City may reasonably require to implement the intentions of this Assignment. Assignor and Assignee confirm to the City of Clearwater, Florida, that each of the shareholders and Officers of Assignor as of January 1, 2013, became shareholders and Officers of Assignee as of January 1, 2013, with the intention, among others, that Assignee would perform and fulfill Assignor's obligations under the Agreements. 3. Benefits; Bindin�. This Assignment shall inure to the benefit of, and shall be binding upon, Assignor and Assignee and their respective successors and assigns. This Assignment will become efFective upon the execution by the City of Clearwater, Florida, of the Consent to Assignment that is attached to this Assignment. 4. Counterparts. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. The signatures to this Assignment need not all be on a single copy of this Assignment, and may be facsimiles rather than originals, and shall be fully as effective as though all signatures were originals on the same copy. ASSIGNOR: FLORIDA G & ELECT C CORPORATION 1 `� , B �� Y• Name: Kevin P. Bohne Title: President ASSIGNEE: FLORID S CTORS, INC. By: Name: Kevin P. Bohne Title: President CONSENT TO ASSIGNMENT The City of Clearwater, �,lorida, consents to the foregoing assignment and assumption by, Florida Gas & Electric Corporation, a Florida corporation, to, Florida Gas Contractors, Inc. a Florida corporation. Countersigned: George N. Cretekos Mayor Approved as to form: Laura Lipowski Mahony Assistant City Attorney Z CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Rosemarie Call City Clerk c� � E a� � Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve an increase of $1,298,132 in the Clearwater Gas System Fiscal Year 2012/2013 Dividend to the City General Fund and allocaie $250,000 of this back to the Clearwater Gas System to speed the payoff of the Clearwater Natural Gas Vehicle Fueling Station. (consent) SUMMARY: Clearwater Gas System (CGS) budgeted to pay a Fiscal Year 2012/2013 dividend of $1,700,000 to the City General Fund. Based on City Council policy, the Gas System each year returns '/z of its annual Net Income less debt service interest as a dividend to the City in the following year. CGS's financial performance for Fiscal Year 2011/2012 exceeded our budget farecasts; therefore, CGS will pay an increase in the Fiscal Year 2012/2013 dividend of $1,298,132, based on financial performance, whic}► will bring the total Fiscal Year 2012/2013 dividend to $2,998,132. Clearwater Gas has invested approximately $2.3 Million in the construction of the new Clearwater Natural Gas Vehicle (NGV) Filling Station and is planning to invest an estimated addition $250,000 this year to increase the storage to speed the filling capacity for the City's Solid Waste trucks and other large vehicles. Staff is recommending that the Ciry Council allocate $250,000 of the added CGS dividend payment back to CGS to accelerate the recovery of the NGV Filling Station capital costs, whicb will ultimately reduce the cost of this NGV fuel for the City Fleet and customers. It should be noted that Council last year re-directed $200,000 of the CGS excess dividend payments back to the CGS to accomplish this, and staff is expecting a$450,000 reimbursement from the State Energy Office very soon. Therefore, after this recommended allocation of $250,000 to the NGV capital fund, there would still remain a net of $1,048,132 in increased funding to the City's General Fund reserve in Fiscal Year 2012/2013 for other city projects. A first quarter budget amendment will reflect the transfer of this $1,298,132 from the Clearwater Gas System to the General Fund to reflect the increased dividend payment from the Clearwater Gas System to the City's General Fund. In addition, if approved, first quarter budget amendments will reflect the transfer of $250,000 of General Fund revenues from the General Fund Non�epartmental program to capital project 315-96387, Natural Gas Vehicles. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Increase the Gas System Dividend to the City General Fund and allocate a portion of this to a CGS Cip Fund. See funding statement in bacicground section. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code See funding statement in background section 1,298,132.00 1,298,132.00 10/1/2012 to 9/30/2013 Amount Annual Operating Cost: 1,298,132.00 Total Cost: Appropriation Comment Cover Memo Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Mar��C� C�lerk earvva er as s em . .. � � � � � � � � � � � � � � • • • ncrease in lvl en � � + - t� e e _ - ncre as e _ � � - oa_ � � � � � N ro ose se o ncrease .. ivl en un s .. - ncrease ivl en , , _ 2 0 000 = A e G Fun in 5, N V - et ncrease , , _ . . un in to 1 e s erve s � � � � � � � � � � w GAS SYSTEM RETURN TO THE CITY r=r � � � ($MILLIONS) HISTORICAL DIVIDEND PAYMENTS TO CITY ��.o $4.5 $4.0 $3.5 ��.o ��.� �z.o �� .� �� .o �a.� �a.a �"' piA �h ��° g'1 �� q� O� O� O'1' Q^� O6' O�' D0 O'l 9� q0 ,`O �"''' ^`l' �'� �ry. �ry� �b� ��'1 gra� �.�\ �,b�- gc�� pp� p^� �rl] ary\ qp� Oy� 6y� p14 p�� Op.'1 �Q\ �.�\ ^ry� �d �-�. �-L �-1 �-1 �J �-1 �-1 �s. �-L �-1 �d 4d �-1 �d �-L �-L �-1 �-1 �d �-1 D N c� 3 m � � c 3 a m 5 � m � m A GAS SYSTEM RETURN TO THE CITY (�D � � ($MILLIONS) HISTORICAL TRANSFER PAYMENTS TO CITY �� o.o ��.o $S.Q �7.0 �s.o ��.a �4.0 $3.a �z.o �� .o �o.o �i� ��` �y Qi� Qin' �3$ gP O� D� D�' 03 Op C]� 9�O 01 D$ D�' '��` '�^ '��" '�� `l) �3''�� 96� 0h� OC�� oi'l� �� g� 6�� ^.� O`4) O"�� OP� Oh� 6�°� 6'l� 00� O6'� tih� ,,�� ,�`l'`� F� �, F, F� Fy Fy �iy F� �, F, F� F�` Fy �y 4'� �i, F, F� Fy Fy �iy D v c� 3 � m � � c 3 a m 5 � m � m � Clearwater Gas S stem Y Transfer Pa ments to Ci Y tY Pro' ected FY 1 13 Total =$7,631,032 � \�l $�,�'I'I ,'I 9U r=r � � � � �D) �E� $5►5�,4�� C A•1 COl'1 (F) - ��3,��}4 $'I ,375,55� ❑ Dividend Payment ��4� ■Administrative Transfer {B� ■ Clearwater City Services �� ❑ �learwater Franchise �D� ■ Clearwater Utility Tax �E� ■ �3ther �vntributians �Fj D N � � � � _ � � � � -� v � � � Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Authorize the initiation of an eviction action in Pinellas County Court against the holdover tenants, who are heirs of the deceased leasees Gearge H. and Dara L. Greene, whom operated the business known as Marina Gifts and Souvenirs at the Marina Building. (consent) SUMMARY: George and Dara Greene had a three—year lease to operate the gift shop at the beach marina ending September 30, 2014. Mr. Greene's death preceded Mrs. Greene's, and she passed away on July 11, 2012. Her daughter, Bobbie Zaytoun, was designated representative of the Greene estate. Every agreement for this leasehold with the Greenes was entered into as "George H. Greene and Dara L. Greene, d/b/a Marina Gifts and Souvenirs, a Flarida Corporation." Marina Gifts and Souvenirs is a fictitious name, not a corporation. The City considers this lease terminated on the passing date of Mrs. Greene. Ms. Zaytoun requested additional time to wind down the Marina Gifts and Souvenirs inventory, so a Conditional Assignment of Lease of the Greene lease was sent to her along with an Amendment of Lease, which would have provided Ms. Zaytoun, as the representative of the Greene estate, until December 31, 2012 to liquidate the Marina Gifts and Souvenirs assets. Ms. Zaytoun, bowever, never returned any of the documents. The Greene estate is considered a holdover tenant, and the City's Legal Department met, on December 6, 2012, with an attorney representing Ms. Zaytoun to discuss legal positions regarding the Greene Lease and options to allow the City to take back the leasehold and the estate to liquidate assets. The City has not heard back from either the attorney or the Greene estate. At this time, staff seeks council consent to proceed with eviction action in court and authorization for the litigation. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) City Manager 6) Clerk Cover Memo Item # 5 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve a recommendation by the Public Art and Design Board for the commission of a public art sculpture, Middens, to be installed at the Clearwater Harbor Marina, located at 215 Drew Street, as designed by artist Cliff Garten of Cliff Garten Studio, for a iotal cost of $215,000 (including 7.5% contingency) and transfer $86,561 of this amount from the Public Art Fund (CIP 0325-93608) to the project fund (CIP 0325-93405). (consent) SUMMARY: The Clearwater Harbor Marina was determined to be a high priority item in the Public Art and Design Master Plan (2007) due to its high degree of visibility and public prominence. A community input session was held at the Clearwater Main Library on January 7, 2010. Over 35 attendees were present at this session, including citizens, members of Clearwater arts organizations, and City staff. At the completion of the meeting, the group determined that public artwork for the site should be within the scope of three themes: the current use of the site; the environmental preservation efforts of the project; and the general safety of boaters provided by the United States Coast Guard. These themes were combined to form a concept known as the Safe Harbor theme. A nationwide Call to Artists was issued on the Call for Entry website, which generated a total of 246 artist applications. These applicants were reviewed by the following qualified Selection Panel: Josh Bomstein, Public Art and Design Board representative and architect at Creative Contractors; Steven Dickey, member of the Tampa Public Art Program Board and local artist; Felicia Leonard, Parks and Recreation rep. and Cultural Affairs supervisor; Bob Clifford, President and CEO of the Clearwater Regional Chamber of Commerce; William Morris, Clearwater Marine and Aviation Director and United States Coast Guard rep.; Shelley Kuroghlian, Clearwater Neighborhoods Coalition president and community rep. Four semi-finalists selected by the Panel were invited to create a site-specific proposal for public artwork and presented these proposals in person to the Selection Panel. The proposal of artist Cliff Garten of Venice, CA, was selected as best meeting the three-tiered Safe Harbor theme concept. The City's Public Art and Design Board has reviewed Cliff Garten's proposal. Citing the research and presentation of his proposal, training in the field of the arts, past projects, and knowledge of the materials necessary to create the proposed artwork, the Board unanimously approved the proposal. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Budget Adjustment: Yes A transfer of $86,561 from the Public Art Fund (CIP 0325-93608) to project fund (CIP 0325-93405). Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0325-93405 $215,000 Annual Operating Cost: -0- $215,000 Total Cost: $215,000 2012 to 2013 Amount $21 s,000 Appropriation Comment Review 1) Office of Management and Budget 2) Parks and Recreation 3) Off'ice of Management and Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) City Manager 8) Clerk Eover�ulemo Item # 6 �I�I�'�?:��r�r Publi� Art Desi�€� Progr��m City af Clearwaier P�bpic A,rt & Design #�rvgram: �nuvntown iivat 5lips & Prt�menade Ft�� 1C1i3 $. Myrtfe Av�nue Parks & Re�reatian f�e�a�-tmer�t Cleasw�t�r, FL 33756-�52D APPLY T� THIS CALL BACK T� �'�R7ICI�'ATING CA�l�S CDN�,4C�` EV�NT fiEQUfREM�NTS: Im�ges: 5 REQt��5T FOR QUALIFICA�'EdNS �OWIUTQWN ��A7` SLI�5 & PRi]MEIVA[]� pRC7JECT CITY UF CL�ARWATER �iF� f3ATE: {1�1'�$f z(7�fl APPLICAiIDfiI DEA@LIN£: Set�t�m�er 17. �Li�.(!, 11:59:59 Mountain ii�me �t�le�se chee�C v�ur crarrent time aon and mak+� not af a� ti�e d"rfference . U dat�d i! iS ��10 �LIG�BILITIf. This pu blit art comr�ission is apen ta afl prafessi��eap arC�sts and artist teams r�siding within th� 'Un�t�d 5tates. Artisis m�y apply as a team, but th� �ppficat�on sh��ald c�e�rly descr�be the �arttributenn af each � callabarator. Artists li��ng ar�d wvrking witi�in th� state vf �lorida are strQngEy er�coura�es� tc� apply, bu# � wii� �vi rece�ve speciaf consideration due to their r�sidency, � � REJRPO�SE: Th� City of Clearwater Publ�c Art & Qes"rgn Program wisiaes tn comrr►iss�an an artist ar a�tist team to create an original �iece vf �rublic ari thai ser�ves as ar� icon and artistic lar�dmark far the newfy c�mpl�ted []owntow� Baat S�i�s and Prom�o�ade, BUDGET: �he budg�� for this comrx�iss�on is �2(]{?,O�Q USp which w�ll �� i�oca�ed tv the artisi anc�/�r design team sel�eteci hy the 5eleciior� �'an�l. ihis eo�tr�ct ara�ount 6s inclusive c�f all cvsts assoc"rat�d wieh t�e prQject inclu�ing, but na# iimit�c� io_ the aR°tist's design fee, �ther eor�sultation �ees such as s#rasciural en�i�eering, insaarance, incic�ding F�orid� Worker's Compensation, smalltoois, rs�ater�als, fabricataQn, tr�r�s,zrar�ation and installat�nn, including ar�y required s�#e �madif�c�t'ron, trauel to ar�d from #he site, per m � � rn diem expenses, prvject docur�entati�n, ccr�nt�r��erscy to cv�rer �n�xpected expenses and ar�y other costs of any kind. TEIYTATIVE SC[iEE7ULE: (All timelir�e dates are subject to adjusiment� ❑eadline far ��bmiss�an� via the �a�� system: Seleciion o�€ Se€�i-Fina�ists: September, 2010 Presentativ�s by 5em�-�ir�al�sts: C]ctober, 2O1Q Natification o� Fina�ist: Dctvfaer, 2(l10 Carmtract witFs a�#ist: Octo6er, �O1D Project �omp]€�t"son/decEi�aiaon: Augus#, 201i P�UIECT D�S��iI�T�°!i]�►1; �riday, September 17, 2�?�[}, iY:59:S9 Mountain 7irr�e The recently �vrn�rleted Downtvwn �oat Slips & Promezaaci� project has transfo�m�d a previausly u�deru#ilized s+�a �a�d �nto a dynam�e vua#ert�ront ihat will became a destina�ion fpr visi#ors cruising the Flc�rida cvastli�e and for �oca�s aut fQr a d�y af fun. 7his 126-slip facality features �,74�(] feet of overnight sp��e for VisitQrs, as weE� �s �€10 feet vf space far daytime vis'sts and spec�al euents tha� are happersing ":n the dawntown Clearwater area. The faci�ity alsa ia�c�udes 24-f�a�r security, restrooms anci show�rs, Iaunt�ry facilitres, electricity anc� ca61e hoc�k-ups an� a pump-c�ut serrrice. Alar�g w�th sr�prov�emer�ts tv the sea wall and waterihne, the �roje�t has �mad� significant improvements to th� "upl�nds" arEa Ioeated directly ad�acent to the main entracace ta� the boat slips. �he uplancEs area has been irnprc�v�ed and �e�tures enh�nce� pedestri�� walkways and landsca�ing. PR0IECT �HEM£S; ihe Clearr�ater Dc�wn#own 8oa# Slip & Promenade �raject is ar� essent�al part c�'f the City af Clearwater's visior� of a rev�ta�ized �vwntawn c�re. Beginning in 2f]fl6, tF�e city �mkaarked in a majar stree#scape revitalizat�on project that transforrn�d dowrmtow� Clearwater main street, Clevelanct 5treet, inta a meander�r�g, pedestrian-friend�y t�o�ler�ard. [7uhabed the �Cle�elar�d Street District, this r�ew �ersion of downtow�a �eatures �s�harrcer� amenities such as kricy+cle r�cks, d�corati�e planters, and meciiar� islands th�t have since bee� made the site bf an anrzual ternp�rary outdoc�r scuipture ex�nibbtion entitl�d Scupture36[?. A critieal them� that h�s been identified far this pra��ct, through �sumeraus m��tings with city sta�f, stakehcrlders, anc� the g�r�era6 �ubfic, is the cancept of a"5afe Harbor." K�y fac�c�rs and �zses of �he Bnae Sli�� and ##�e area waters surrvur�ding them, botha �atural ��d hu�an-orientec�, a!� identify the �vat 51i�r la�atian �s an area of enjoym�nt a�d refuge —� "Safe �a�-bar". it�e numerous cor�#rik�uiing �aetors ta th� desired th�eme �nd ��cepx faflnw belouu �recreational bc�ating, en�iro�rnenst�l prot�ctior�, oW�rsight and protectio� tay the �lr�ite�3 States Coast Guar�f� and shou�d b� cansidered �s complimer�tary elements of th� �€n'sv�rsal theme of "Sa�e Harbc�r". Pu�li� artwnrk (acated a# the [lqwn#Qwn �oat Slip &�romenade s�te will form the capstone #ca tF�e dowratQwn cultural corridor, becko�ning downtvwr� v'ssitars tb the slips via th� ic�sraic ima�err� �f ,�ubfic artwork, ar�ci li�king tr�fFic ba�ck ta dawnt�wr�"s shaps, restaurants, cult�ral attrac�ia€�s and entertainment W�nues. Fc�r rnore inf�rmatian o�r th� Down�own Baat Slip 8� Pramen��ie project, pfease VI'$If: flft',�J_i.y+"4b'�1J's'+ il!..�'E' 31;�"dr1��'i i.L��11{i3C7��C�f'��5!!i_flci[I I�...� i-i''Ji-3XaGilif�ll 3�3C:'.�lil`?S�ff]i)r7� li;}:` �`rt1C�c_';'�.�IS� .__.— .... . .. ..... x_� - For mvre information on the downtown Clerreland Streat DistrECt, pl�ase visit: htt :,�yyww.r^�yele�rvaat�r.c�m av �e ts�ecan__deve� �ropects dc�wva�tcavvzli��cl�� __E; The land bardering th� Cle�rwaier Hartsor ar�d Intracc�asi�l Wat�rway has long been the site of a rrrt��#ituc�e o€ us�s, bath hu�nan and natura{. The waterway s�t betw��en ihe Glearwater main�ar�d and t�� Gulf of Mexieo is �sed hy thnus�nds af �aaters annuaPly an�f �s a mai� thorvughfare t�r the �nare th�r� �.2D,C?t]� �r�gistered €�oaters ir� the Tampa �ay area. '��r mare inf�rmatipn vn the �vat �lip & Pr�Dmenade proje�t, please �isit: http:/1wus��rr.c�lear�vater- ;I. t�rai�,�c�v/ele��t�fr��ta�ir�c�_avpatiar�,lma facilities/boatsliy�./isr�l=.� �sp� The C�earwater Harbar ar�d �rea surrcrunding the �oat slips pra�ect is alsa a�rat�et�d sea grass beds. Thes� natura� feat€�res are imporCant �r�d hi�hiy die+ers� eeQSys#ems, ar�d can �rarbc�r hundreds c�f spec"s�s of anirnals inciuding ad�lt and juwenile #ish, sea turtles, sea urchins, �ollrasks, �nd crakas. �eyond their import�anee to t�e local marirae flora �nc� fau+�a, sea grass bett�s also dim�nish the forc�s �?f ocear� curr�r�ts along the boitom 4�F Flarida's waterwa]rs, which de�r�as�s #he ar��unt a€ darr�age that storms ean in�lic# upon wak�rfrvnt structures. �ar more in�armat�e�n can tk�e irnpvr#ance vf sea grass be�ds, ple�s� �isi�. la.F��J 'rC't < Ct'r3,!p �V'elL.c �es,i `rt:^ 3(L�6r-�f�<,r�,��ev^d <1r u� If_'. � r 'I[i-=��1;?("i . ___ � ___- �--- - - --- . , . Th� Boat Slips as�d P�rQrnenade prvj�ct has also been highEighte� �iy th� Cf�arwater-based diuisians c�f the �Jnited 5tates Coasc G�aard as a s":te c�# irnpartant anc� visual identity� ivr the servi�es't�at the organiza�'ron pro�rides. T€�� CQas# Guard, INhICh opefate5 twb ba5E5 in d��'eCt praximC#y wifh the City af Cl�arwa�er ae Air Station C9earvvat�r and Station Sanc� Key, has long maintained an active rale ira p�-vtecting �he ci�izer�s and baaters wtsc� use the waters a�the Gulf �f Mexfcc� �nd Tampa Bay area far business, e�tertainrrient, and leisure. F�r more information an �the Un�ted Si��es Cc��st Gua�d and its Clea�'�water base5, ��ease �+isit: httK�://www.u�c,�_mil/d7lairstacl�ai�,v��er� and http:llwww.L�sc�.R�tiii/d7,�st�5�_riciK{} d�fl�ult.as � Whi9e there are nu�er4us anci distir�ct tfae�es far E�ais proj�ct, s�ecial consideration wifl be gi�en ta p�blic art {�raposa%s that �ue�essfully b3er�d #hese elements into an a�twor� th�t p�ys hvrnage #v the impvrtarat f�at�res and us�s of this site and to the "Safe Har�ar" cvncept. �'RQ,lECT Gt}I�LS: � ��he fo�fc�win� project g�ai's will he�p gu�de the selecti�n �f �he conam�ssiQned artwar�C: � 1, Artwork is of an or�ginal, site-spe�i#ic desigra.. � � �. Artwork is exciting �nd iccaniG, cor�pEementArsg the n�tur�l beauty o# the Clearwater FRar�or and rn �ntr�coastal wate€'w��y sit�. 3. Artwork s�rves as a visu�9 ican ar�d artistic lar�dmark ��r the new#y cbmpleted [iowntown �oat Slip & Pramer�ad� praj�e�. 4. Artva�ark shoufd �e a visuaC ancYrr�r poir�t betwe�n Clearwater's dawntown and th�e �vat Slips. 5. Artwork shc�uld be c�f a scal� that is accessible tv bath "walk-up" uiewers as w�ll as "dri�e-by" boat Viewir�g. 6. Artwork is f�brica�ed using a durable, �ow-rnaintenance rraateria6 that will wit�siand #�� heat,. saltV air, hurnidiiy, and s�anligf�t �f Florid�. 7. �ts-twvrk is complem��tary �ra the overall ccrntext and themes Qf tF�e Ciowntown �oat Slr� & Promenade praject. 8. Artwork h�s a strang public a�p�al and will be �mbraced �y t�oth the puhlic at lar�e �nd the Ci�y vf Ciearw�ter. 517� CfESCRIPTlaN: The architectural drawi�gs, di�nens�t�ns, ar�d site plaotcsgr�phs fc�r�he propos�c� uplands public art sste ar� atta�hed tr� th�s dncument. MAINTENAiVCE AfVD DURA�ILITY: A!V applicants are expecied to costsider t�e "rssues of IQng-t�rm cor�servatron and maintEnance c�€ public art, alang with iime a�d budg�t. P�ablic �rt prt�jects are tn th� �u3�lic realm arad ra��y t�serefvre �te expas�d ka weather, p�ys€cal stresses and su�jec� ta v�ndafism. l�ue to the extrern� clir�°sa€es af �lor�d�'s GuIF Cvast, any artwork selecte� f�r thas praject rroust b� tglerant ta extrem� tem�a�ratur�s, h�m�d�ty, sunlig�t, salt �ir and salt wa#er, ar�d th� possibiiity vf su�tained �turric�rte-force ae�d high- intensity winds. Public art prvjeets shau�d be, where possibRe, fab�-icatec� af h�gt�ly durab�e, low- mainten�nce materials. Semi-Finalists are encouraged to �snsult w�th � prr�f�ssMOn�l conservatar prit�r to tfae subrnission af a fir�al sit�-sp�cific proposal. Artist's �roposals awarded a cvntract rn�911 be r�viewed by the City vf Clearwater's in€ern�l Eng�neering ar�d Ccansiruct€on t]e�artme�rts ta ensure conformity witt� all City ar�d State stancfards c�f durability, �aintenance, and safety. APPLICATIQiV REq,UIR�AII�lVTS: Please read this section carefully. Incarr�p4et� appli�ations will N�T be c4nsidered witho�t exceptio�n. Th� a�apfieani's nam� must app��r an �II materiafs sut�ra�i�ted, All ma��ria�s must be s�bmiited online, via the �aFE wet�site { ry�,,v,,w ��if::�r�-�zrry ,��}. There is no - a�pli�ation f�e to app�y or Cn use th� CaFE anline appli�ation system. Applications are not accepted by mail c�r e-mail. A9V artists and artist #�a�s apply6ng m�st post t�e follvwing: 1. 5ix {6} ima�es for re�iew w�th all �aertin�nt inf�rma#ion (artis# name, artwork tit��, mediuc�, dimensiorss, price/Wa�ue, ar�d year co�pleted.j 2. A current �rtist's res��ne, plac�ng em�hasis on pub�ic art projects or �other reiated art exp�riences. Piease inelud� b�cfg�t a�rwaunt fQr ��1 prajects and inclicate tearn merr�her rflle, if p�c�jeet is a design � co[fafac�ration. m � � 3. A ��etter of interest describir�g wF�y you ar� interested in th€s p�-€�jeet. A�-tist teams wi�d �vs� a � coll�ctive statem�nt about their team's work. 5pec�fic �rapasals a�-e n�t requestec� at ¢his si�ge in the �r�,cess, AR�"!S'�/AR�'�ST TEAM S�L�CT�C}N CO�NSICaE�iATIi��VS: The �rcajecx artist c�r artisi t�am will �� sele��ed on t#�e bas'rs of tt�e following criteri�: �trengeE� ar�d artistic merit c�f past warks, expe�-ience ancf approach as evidencec4 in wr�tten materi�ls, abiiity tv comp�ete a project of c�raamensurate scope an t4me and within '#�udget, arrd the cantribution of t�e �r�ist's wark t� th� di�ersiCy of t�e city's art collectior�. T�e Cl�a+-water Public Art &�esi�n �'ragr�rr3 i� cvr�mit#�d tv refle�#ing the cu#tural di�rersity af our caty in the selectic�n vf artists and artwvrks. Refer�nces proa"rded as par� of this applicat�on will k�e car�t�cte€� pr�or to artist �nterviewsm SELEC�'ION PROCESS: Ar� A�tist S�lectia�a Panel vvill r�vi�w all �rraterial ar�d will se�ect appraxi�raately three f�n��sts t� create a s€te-specifEC �aroptasal af artw�ric. �ir�alis#s ►nrill be in�+i#ed #e+ suFams�, in �ersfln, f�na! �roject pr�pvsa�s that e�scl�rde a mor€ detailed and estimated pr�j€ct budg�t. Irtdi�idual honoraria c�f $1,0�1�1 per �rtist/artist tearn wNG be avai9abfe tm finalisis t�t�t prep�re siCe-spec�fic �r�posaPs. The Artist Sel��tian panel wi�l inclucie a minimurn of fi�r+e ��tin� rnembers, includ'+ng ane member of the Clea�water Public Art and I�esign Board, two artists ar arts profess�vnals {d�signer, eurat�r, �alleetor, p�ka�bc art administr��car, etc.}, ane represen#atiWe fram the city, a�c# or�e repres�nt�#iv�e fram the community+. The Artist Sei�ctian Panel rnay also inciude orae ar rnore non-r�oting �duisors, dee�ne�3 apprespriate by the P�abiie Art and R�sigra Bo�r� c�r Cultural Affairs sta�F, Afte€- final�s4s' present�t�ans ar�d i�terv�evors, the P�rtist Sele�tion �'anel's r�car�mersdation will be forwarded to thre Public A�t and C��sign Soarc! ar�d the Cfearwater City Co�r�cil far apprpval, priv�- ta an aw�rd of cvr�#r�ct. l�pon a�apro�al, a con#ract for the artist's prtij�et w�il �re arranged between th� artisk an�€ the City of Clearwa�eg. FOlt'��CHEIiFCAL HELP WI7Fi 71iE APPLICATI�fII �FiC3CESS: Please cont��t CaFE support staf6 at c_af��tiv�� t at,;,� � F�� FL1RTFiE�i fNFQR6V1�4TIOlV A6UU'f THE R�Q: Please con�aet Christopher Hub�ard, Cui�ura! Affairs Speciai�st at (72i� 562-4837 c�r c;i�� isi�pE�hr�r ��iiEa#}�r't�c�o7�}(cle,��.v �ic�°s � _;s?, i]ISCLAi�4IlER: The Cle�r-wat�r Public Art & DesRgn P�ogram reserves tk�e right td reject any or all a#�plica4ions, propersals or finalists, and termir�at� or re-at�ve�tise any prvjeit withvut priQC notiee� P#JBLdC A�i IN CLEARWA'C�R; The Clear-water Puk�lic Art & Desigrr Rrc�grar� was a�opted by City �our�cil in 20QS and aims t� add to tiae v�is�a( id�ntity of t�e city, crc�ating mert�orak�le images For �isitars a�d resid�nts aliice. Publie art crammissi4ned �hrough the pragrar� wil! s-einforce Clearuvat�r's role as ar� emergin� I�ade� in culture, � recreakivn and erevirnn�ental mar�agerYtent, arsd wii! suppQrt �he city's d�velvp�n�ent as a wand�r�ul � place to "li�re, lear€a, wark and p�ay.,' � rn �iEEP �1PDAiEQ: Artists inte�QSted in nt#�er p�t�lic �rt ccrrr�missions are enG�uraged to vis+t tf�e Clearwater P�blic �4rt & I�esign Frograr-� website at a�it��l,�r��,�.� st3k�:lfj3r4��ter.�_c,��a,1c�.,lt�.er�4art,. 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F.,. �,'�,y� r�it„`'''�1k- � � �y`'y�. � �� ' � ffi � ' r � : +' y �� +( a yk'{.�',��,. �i �'_� �� ,� A . ,q��j � F �. �� i?�1. .6 � 4111I y .�� . -:� � ; �. ic� ��,°,�'�; ' � t,.'�.� R� �f : '�'�Q- '�'` � ' " � . �, ,� _ �s� � , .. ,�� .4=�_ w . ��'� *�, , , ��, ,, �� "- � �u��: .u�,� � yi* •� #� J 14'1. 4 � �,�]-� �a \ Y � �� X . .: ir �t� ,°R�'��.t': ' ' � x.. �1: � •. .y' f, " 1 • S t �� • _ � _ .,. `t -.y•, � . ' �4 �'` 'y Q : 7?�� ,� :�#! , - '� a;�� r� i i4'`_ �'�' �� _:��:�`-`� ,- ,� r j �° i �, _K+'` V ��p�s. � _ 'l.:�r �`�� (/ R J i - ' I �� 4'i t .7 . . _ . .. � _ ;a. - �i c., - ��`•, ..1.•. �',.•Ir'' (�l• .�-'4 � . � � � ": � ° f -�}; ,, �..� % t+. ,. .'�z . �r:l � "` � �.�'��' ' s �� .. ti. ky�` . :� ��:. n s.'� �t, :. F..�• ` � � - ."�^4." '-� 3� . ' . . � '+�r. �7 �. _ . -- . `L .ti ,� �i _. � � �1 ��Y-.' +�8.`s� �� :� y • w.4 s q " .. - , � .-',,� - ��.� .: 'C �� ,,. . �-'� : .i`. - . .��,,�� ' :•��`�'r•✓� _ . . i"" y' -r _:��G :: .:'•i !� 1 � �! � f� � �1 , F _Y� - _� i'• '�: G � � ' . _ . . - - ��:,: r S- � �-� _-;.- s �. _ fi < ,'� : ,y . _ . a�.� ,Y�".� .. _� r'�;+";_�. . _ - � � �f `� ; �� `� � 41_ � . � � ' ' � - � ° : �. � t � �- � � \ �y. '. � � ... { '�-��,.., _:�{::,�r�-�'� : 2.". � _'- �:f�jzK�� _ :1 � ^��- ., . . �- ._ . �ii. ' _ ��P.i.^ � ' � •� �... . � . 5 - . ' - ' _- ;T ,` i �'+`� �;'t . �'.- _- e .. _ . ..., ,_ ._ . . . . i�....'�r'. � _ � � �i � w� ~-, ��-4j1 ~, "�.�y. r �. �;-+� . r ��;}}.'d``�� . �•-.• _ _ . , � C � � ,4+� s �. � � .� . . �'! F '>yt �'�'�_ 'sfee __ g 1 .-ti ,� ��5+:.��; � �� 'i- �., _ .._�;�."-+t'yh ' � 'S• '�._�•;. _ : ti ��- '�...� . . . ,•_t ' •��. . 'e� 3^"`_ U 1t: , ' �, ` ^ ` '+�C. - - �-o ro t, ," � s`�i' ..�1.� �. �� ., _ � Y• A.� \ � � "` • ., �� ,. _ �,� • _�� a " , AiR : � � � T �� E I' ` ��:�` , � i '4 ,��-- �:?i. �� _ �+ �_ �� A � �-� �� _ - y� ,_.s.,,�.,� � f � . � � • ;.. _- r r . . � °j �6 +� ±tl d� � -�-+: � » � '•� ---��,�» :� : i�F ��.,� �,�� ,�- , �,� , :: . i : - ',S _ _ ! f-,4. ' �� 1'_ � �E V i -Y. 1 t i�� - � 4 C�earvvater City Council in�orrnatian'White-sheet ��e��rw�ater !-lar�or €�+�farifta F'ub€ic Arkwvork Prepared by: �Christopher �iubbard, Cultural Affairs Spe�ial�st Back��und & Proeess "I'tae Clcar��ater H�rbnr Vlarin� ��as ci�tern�ined �o be a I�i�i� pric�rity itern iri ti�e Pubiic Art & Disign Master F?%ara (2.�{�7) citte tc� its %ii�� degree of �isihi��ty at�d pu�alic prc�tr�inence. A cQinrnunity input sessic�r� �vas held at the Clearv��arer Masn l,ihrary an January 7, 2010. (�r�er 35 attLnr�ees were ,�resent at �l�is sessi�r�, including c�kizens, ancmh�rs af C��arwater arts c�r�;anaz�tions, and City sta�f, At the c�rnpleiier�s of th� rneetita�, the grou� tfetermi�c;�l that pub�ic artwor�C fnr the site sh[�uld b� �vithi» the sct��c: of`three t��emes_ ��e ��rrent use of k�e site; the en��rorsm�nta� pr�servat�on et'fiorts c�ithe prajeet; and the �ener�l saf�ty �f bt��ters �rovicEed by t�.� Unit�d SYates �oast C'ru�rd. These therr�4s were cc�mbi�ted [o forr�i a cranc�..pi kn��vga �s the '`Sa�e Flarbor" th�mc.. A nationwid�: Cail to Artists 4��as issued �s�� t�ie �a�1 for Entry (CaFE) s�e6site whiGh ge:nerated a� total �!' ��[ art'ssi applicattc�ns. These a�plic�r�ts �vere reviewed by a qualified �el�ct[an �aaael a�proved t�y t}ic Pul�lic Art &�7esigt� �3oarci. The Selection l�an�f re�uc�r� the ini�ial applic�nt poc�l frcarn 2�f� artists tv 33 in the first scaund of review. The second re��`nd c�f reWiew cec��sced the 33 �jrtists t� 4 ser�7i-tinalists; llan Awerbuch (NY), R�dney Carral (CviI7), C:liff Garten (C'A}, anr� David Gri�s (Cfl). "fhe artist semi-fi��afists sei�c€ed i� the secc�nd rounc� of�re�riew �rere inWit�c� ta �reat� a siie-speei�ic pro�sosa� fQr the public artwork compon�nt a€��i presented these pre��osaks �n persr�n t� che Seiectioa� E'�siel. T�e pra,�os�l nf artist Cli #'f Garten was se�ected as best me�ting the t�ree-t'sered "Safe H�rbc�r" t�e�ie. The City's �'ui�lic Art & I7esi�n 13aa�-d has revi�.w4r�' �ii�t Garcen's peaposal. Ci�i�� tt�e res�aach �iid presenta�ioro �f his pro�osal, trai�ing in t�e tield c�f t�ie ar�s, past p�-�jects, and knowlec�ge c�f the 3naterials r�e�essary to create tkie propc�sed ar�wc�r�C. the Bo�rd unanimc�usly a�sprove�3 the; propr�sal. � SeEectian Panel Cerm �rsitian m � Ti�e prajec# s�lectic�� ar�ei was rer+iGtivec� and approver� �y� the �:ity's P�blic �4rt �[]esign �nar�l. The � � par�el cc�i�sisted af artists, earr�munity menibers, C�ty statf, anc� stak�.h�lders �or this project. `f`he interit of the ca�npositian vf this panel was ta pr�r�ide a broad Yrase of cc�mmu��ity representativr� as wel] as a evide scnpe af artistic ta�tes ��d understasading. Tl�� panel carraposition as as fcs��ows: + J4s� Bomst�in, Publ"sc �lrt � Dcsigrs �3t�arci represe�stative and architect at Crcativ� �o�7tractars a 5te��en Qickey, �nenn�c;r af the Ta�npa P€c£�lic �rt F�ro�ram k3nard an�i Iac�l a�ist; • Fe�ieia Leanarc�, �"ar�CS & Cte�reat�on repr�s�ntative anc� Ct�liur�l Af#�irs super�isvr; s Bnb C�if#�ord, psesident and C�C3 flt` the Clearwater Re�ianal Charn��.r ot� Ccama�terce; • Wi�liam Mor�riy, Clear�w4•ater tl�arirae & Avia�tion []�rectar and [7nited States Caast Giaard rep; e Shelley K�rro�hlian, Clearwater Nei�barhoods Coalitic�n president �eaa�i cornm�inity rep. Artwark �etails 'I'1�e: �Sro�osed zirt�n�c�rk, �.ntitic:si `M�ddes�s' is a blend of the raian�+ thernes indicatec� i�� khe �a[1 tc� Artists r�ocutnent. `�'he ariw�nt'k cc�nsist� of three campc�nents: a midden, or ear�hen rr�r�und; tw•o rir€�s o�crE:shed shel�; and t�vc� d' and 7' taf� slie➢llsails eor�structed frnrn h�gh-�r�de mari�ie stai��less :steel. `�he eartheil rnn�nd cc�€npc�nent �s reflective c�f`the inicideca ma�snds createci E�y thc Taeob��a Ii�c3ia�ls 4vh� i�hz�ite� tF�e Ta�r��a �3ay area, �"he Tocc�ba�a ��c��lci cxeate mo��ts tc� t;le�atc: the�r cultura3ly� si��iticant structiires. The shellfsails. one measu�in� Ci' x$' (c�val} and 7' x 7' {ci�c�zlar}, are evoeatiw� of sczllo� shells and the Y�iifi�a� oi�� shi�'s sas�'. The she�lls�ils avil] l�e c«nstructecl of�'/z - 1l3" rnarine grade sta�nless stee! rubin�;, arrang�d ir� cc�nc�ntric circles xo creat� tlt� screen paTtern v�sible in rnar�y' t�� tt�� artw�rk cenderings. �'he suppnrt ribs aF�ach stri�ciure will be 3-�" anari��e �i°a�e stainless sieei pi}�ir}�. "[�h� s�Se.11Jsails will he lit at nigt;t with full spectrum-shift �.ED li�hti��. The ��iaterials that w�ill L�e �ssed !nr t�ae sl�el➢Is�ils are those ai` sirr�i��ar qu�lity� tn tlle irxarine gracle stainless s3ee1 used r� the m�tnu�fact�ire r�t'p�rsc�nai an� cr��nmercial r,vatercraft. '1"�e stain�es� steel will not neeci regular �naincen�i�ce, sa�e for c�ciasic�na[! ��asi�i�z� w�ti� water and mil� s�ap. T�e st�e! is of� a stren�th th�t w�iil res€st percussiv�; van�lal'is►n, ��II 1,E;I3 Sigl�t`sn� ��i�'1 �ie ar�chcare� andlar e►�ibeddes� �n the grn�:nd, and the controI �o�c wil9 ��: It�cated in a lvckcd vauli;adjacent tc� tl�e sculpture s"ste. � m � � rn � � � J ,�l _ _ _- _ ti _ —_ — —"— 3 � —= ; _ � � _ - __ i -_ ; ` _ _� � \ �� , � ti' - , '� !� � �� l,�fl '� �i///'r r/�� , i • l,•Jr� f//� r ��/! r �r��rr;� f�,.1 , �� ''' i � �' ' � , y"d � . � � � � � +. ,, ';; , ,.�r,�� ``r l 1 '�'I'dpr � r.a�. F— , : �' . . . 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I i i � IL � _ • � I •� � � ; � � I �/ B � ... —..�_� . , i-� r . � ' �� l � . ` J _ ,��, � . ,. � � � r � rF � � '!'7� � ��' �-; ' �� - _ . ��: ' >��- � - P � � • ' :1"'-. •-. �� 4 � R � 1% o = ��. 1� a� a ,^��' •�C.. � s�! ��: . ''^ �' f � � �� i� ",�yt_i... ' . "' �,."-. �_ ._ '+:h-_ =�_ !=' - .� , ��:F.� _ 4 ��;5�• _ � . � g�. �l. _ ._-C., �y . . .. �:�•� - �� f � �,a� _ � � � . �.�� *•,,� "4��e� �!�1� � {'�R �,y�,� � � .. �� , , , � 1 I r� _.. ..��•' -;c ;IeS�;.�..1.. ";,i!�i_,. _- , .; ` '�-� �� - �° 4,a�P:.,. . � . �'_x �. fr �.�, � _ -_ . , ?.h�kS�. �� ., - ��I. �._' _ . . " n �. i� # �� YI. h� � � 1 r q.A��❑�'�Y °�, -!'��M :i� . 9� '� il� : '�F' � "; � ; '.,' M '!P' �,` . . �I''� r�. H II�'� . i,'=�..;'` • � . +t i: - -4 -. '�I \ • -�. � ♦� �� rI `,�,.'��, .. �•. �, i p ��,�, � � a�' � �:' ��i:' „� �ei ,�� •:�� •� -. a • '�'� s : � • � •}•j _�t ti ��. ��,,,�� R'!r'!p!"�' ' t ._ 7 - � ,'� � _ � � � - � � i �� %r= j�' : 3 '_ : .�- �t� ._ . • 4 ti_ � t` i �' _: r _ i � � Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Award the following purchase orders to complete Phase II construction of the Buccaneers Field at the Walter C. Campbell Sr. Parlc: Scotty's Land Development ,$14,778.06 (PO ST 108387); Keystone Excavators, $49,467 (PO ST 108394); Smith Fence Company, $41,995.00 (PO ST108386); Himes Electric, $77,605.00 (PO ST108403); authorize the City Manager or his designee to sign the standard AIA Documents A101 — 2007 between the City and Clearwater for Youth (CFY) and each vendor as a requirement of the Local Initiatives Support Corporation (LISC) grant; increase CIP 315-93629 by $100,000 at first quarta�, to be reimbursed by CFY according to a Project Agreement between the Ciry and CFY; and authorize the appropriate officials to execute same. (consent) SUMMARY: On April 5, 2012, the City Council approved a new Capital Improvement Project, North Greenwood Athletic Fields (CIP 315-93629), for $300,000; to be funded from Community Development Block Grant (CDBG), and amended the projeci budget to recognize a $25,000 donation from Clearwater For Youth (CFY) to develop the first phase of ballfield construction on the former Jack Russell Stadium parking lot site. On November 15, 2012, the Council approved renaming the land where the athletic field was built to the Walter C. Campbell Sr. Park. The first phase of the project was completed and has been in use most notably by the Greenwood Panther Youth Football Organization. CFY applied for and received a$100,000 grant from the Local Initiatives Suppart Corporation (LISC) to help construct Phase II of the project and on September 4, 2012, the Buccaneers Field was officially dedicated with a neighborhood groundbrealcing ceremony. Since that time, plans for Phase II have been completed and is now ready to begin construction. The City will use the previous bid prices on contracts previously bid by the City for Phase I. The vendors have agreed to keep past unit prices. Since the cost of these contracts and Phase I costs exceed the $100,000 purchasing threshold, staff is requesting Council approval. The cost to complete the second phase of the project, which includes additional practice field, fencing, lighting and improvements to parking, is $200,000 of which $100,000 is from the LISC grant that CFY secured and the remainder is in CIP 315-93629. In arder for CFY to be reimbursed by LISC, a standard AIA A101-2007 agreement between the City and CFYand each contractor is needed. This item authorizes the City Manager or his designee to sign each AIA Standard Form of Agreement between Owner and Contractor. In addition, CFY and the City have agreed to a Project Agreement requiring CFY to reimburse the City $100,000 from proceeds they receive from LISC. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Budget Adjustment Comments: Increase CIP 315-93629 by $100,000 from grant. Current Year Cost: Not to Exceed: For Fiscal Year: $183,845.06 Annual Operating Cost: $183,845.06 Total Cost: 2012 to 2013 Yes -0- $183,845.06 Cover Memo Item # 7 Appropriation Code 315-93629 Bid Required?: Amount $183,845.06 Yes Appropriation Comment 20-12; 25— Bid Number: 12; 21-12; 23-12 Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Cover Memo Item # 7 �uo.r��m Aczr��E��r�T Tllis A�re�na�rit ("A�,c-eeilienl'�} �s liereL�4� ma�i� ai�ci entei�ec.l ini�a Ui� January� .?Ol � het��een th� City of C'l�an��t�r, �'l�rida, a nlunicipal carpc�rati�n c�f th� State c�f Flc�rida (th� ``City"� and Clear�=�ter for Y outh, Inc. �the '`CF`4",) (eEicl� pau-ty inditi•iduall�� rct'�rred tc� herein �s .:Partr��„ c�� callecti��Ll_y �s tl�,e "Parties"} W1��REA�, CF4j is a non-�rc�tit �otxth spo�-ts organi�ation, u��hich ha� hclped �ur c,c�nununiiy� vt�uth reach their- fi�ilest potential thri�ugh enriching and prc�r�«ctive activities since 19b6; and a�d '4�'HE.{tFAS, the C'ity anr� CFY have a ton�-standin� ��rtnership tc� a�hi�ve iC'i��'s �csal�; �v'HER�AS. the CF`i' recei4•ec� a�rant trc�rn the Loc�l Ir�itiatives 5up}��rt Cc�rporaiic�ia in the amc�unt �t' $l0fl,(�(?(} fc�r th� constr��ctic�n of a rnu�tiple use tiel� (ttie "Prc�j�e�", a� mare partic�ilarly t��scribe€� in Exhihit ::A attached l�er�t�� an�i incorp��•ated her�in) at the Cit�-t��ne.d W alter C. C`ampbell Sr. Park in tlie I'�Ic�rth G�-een��nc�d cnrntnunitv; and �'HEREAS. th� gral�t reyuir�s $IU�,QO�D ii� matchial�; fti�nciin� ecluatin� tc� a minimun� �3ri�j��t tt�tsll �rt'`��(.16).i]{)(.1: �ft�� l'� 1—l�I�t�=1�, C �t�. �will �!r��atf�: �i7� ��c�t��rc�� E��i�€�i�� fi�t��;:� ,.�f `�Id.i{s.(�l.sdk� �4i1! e�.et°�� • � � cc�i7�i��€��ic,�� c�f the pr�ject, anei �vill c�wr�, n�3na�e, c�p�rat�. ii�sure and n�aintain tl�e pr�ject. NO�', T�IFREFI�RE, f'c�r a.nd iiY c�anside��ti�n of th�e mutua� �rc�mises, covena�lts anci c��ditic�ns c�niaii�ec� her�in, an� tor c�ther aoc�d anci �a�uahl� consic�eratic�n, tl�e r�ceipt anr� s�t��cie;ncy of 4�•hicil are acknoz�-led�ed l�y eack�, th�, F'a�-ties �gree as f�ll�a�n� s: 1. Recit�ls. The fore�;ain� recital� are true and �corrett 3nd are inc��rpc�rated in and fc�rm a part of this .r�greemex�te ?. Tl1e Prc�j,ect. a. The P�•c,j�ct sh��ll cnnsist c�f tll� con5tructic�n c�f a i��ulti�x�x-pos� ii�lci at W'alter C. CaniF3be11 �r. Parl� ii� aii;z7rd��c� s+,ith Exl�ihit "�-'�" incl�icl�i��, but Ili)L 111IlII�C1 L(.7, excava#inn, sc�d, iill, li�htira� azld #encin�. b. Tl�e Prnject �W�•iI� be n��r7��ed b�,` t��e Citv and aff�ct�c� by� cr�ntrE�ctc�r5 that the �'.its` sel�cts tlirou�h a c��mpetitive p�•c�cur��nent prc�cess th�t cnn�pfie� ��ith applicable le�al rec�uireinents far the bi�idin� and awardin� of constructicr�� ec�ntracts for public wc�rks projects, includin� t�ut n�-�t lii�iite� tc�, ali reyuirei7�e�its of the Flr�rida �tatt�es �nc� the Cit�y� ot�Clearwater C'�de of (7rr�inai��es. c. The Ci�y will t�ind th�. Project t�� to a maxim��n� alj Tr�rca H�u�drec� Tw�erltv- Fati�e Tt�ousat�c� ��llar� x�IIU[� (�?25,OU0}, 4r�hich is the estiinated total ct�st, said iiis�ds tcr l�e disburse�� throu�h the ['ity's pl�rchas� c�rd�;r �rac�ss as appr��riat� inr�c�ices are receiv�ed �y tl�e City fre-�m the s�leci�d cc�ntractors. d. The �'it_y �4`ill k�e res�«i�sibl� 1��r any Prcaje�t C(75� ovcrrizn �h+��ve t11e }�rc�,ject"s �.ost est�mate a�i� tl�reretc�t�nri 4vii1 hati•e t��e ri�ht t� inake ac��iiti��e an� su�tr�ctz�re c�.a��ge orders, tc�r ��hicl� it s1�a11 �ae r�s��or��it?l� to th� ext�:3tt ot �i1y �xc�ess. �. The Cit�� vill purchas�, bear ih� risk �3f lc�ss ��ith respect tc�, and insure for � m � i�; ,i,,� 1��,r�d�1i:1, � � f. The Cii�� 'i1i pr�p�re ai�c� s��bmit all �rant �-equir�:d dr�cum�nts to +C'1-'`r' f«�� 'I��"s su�r�nissic�n tc� t}�e f,��cal Initiat�v� �u�p��art C.:crrp«ratic�tl. Tlle Parties shs�ll cc�a��erate to i`ultill �ny and all �'rrant r�yuire�nei�ts as dp�licabl�. g. CFY ti��ill iinmediatelv� renc�er $1 C3D,Q�(3 t� the City u�on recezpt of th�: Grant fiinds frc�n� ikae Local Initiati��s Supp��rt Coipc�ratic�n. ��, for any r�as�n, th� Grant funds �cr� i�c�t receiti•eci b�- C'F �', tl�e Parties sh�ll t�e releasec� c�f all lia�ilit�� z��i respor��ik?ilitv und�.r this A��'e�rnent. � 3. .qt�x`�r��als,. Th� Cit�� grees that �t the tin�� of e�ecution c�f thi5 ��.gre:ert�►�nt, t�►Gre are no unfitltil3ed City r��ulatnr�� c�r pe�-t�littin�� appi-o�;•als relating t� th�e Pr+�jeci. IN VdITNESS WII�R�[3�, tl�t; Parki�s }t��r c. �:xec�r�ed this Ar�aeradr��nt tt�e d�y° t��cl ye�za� tirst ak��z��e ��.�ritt�en. �'r��intersigi�ec�: �ec��-�?e ceexe� «s �4'�2y1�1' .��rc��,�ed as t� fcar�l: 1.�ura �aho�iv r�.ssist�nt �'ity� Attorn�.� CLE�RW'ATFk �'QR Yt7UTl1, INC. B4`: : _,,,,, __ H�p� vV��i} Executiae Directtsa' � m � � � cr�rv �� cr_.�a��w�.a�reu, �1.c�R��a ��: VI'�I�I131T1 B. 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S f ; I E � .19 #y �. 3£' V . �$- 4 � jl� 'y�° + � �P ^k ' � : �iw _z� �6; � �rw _a� l'�� ` � - €� ��"��i � �� G$��€i� �-:� h � ;{-� �.� Ea �if ; r7 � �� w= ��T i �a rv �o �z W � �r ; U u� j J � V1 $ L � � ;� - _ - ` � b u * ��'' �� • $ 8e��.� .� � g a � � a _ ��Eg �,�� E ry 1 5�q £ a�_.e�y EE�"i. I� ° ��& ' ::�1 ,�, �.G � Y � R` - n �. , � _ , _. i 1 1 I- :':i.'' %� ,1 � �� j�y � �fj'd r}o �� E .f �°y � � ��1 E a5� ��' �� g � �,�� I II� E � � I 4 �� 3 & SY i 3"�r � ?'� . � �� i �'3f ,� � 3.�'�¢ $ ��rv R td s �a � a� za; L _ v � S� g�i� �L�� Yik� '� n�� 4 aea e ��"g �°i z ; € � i?§ a � ' � .a ; ^ , . .�� . ., Item # 7 n � 9� � z g �€ � � �� d� b a r � a� � . ? B� Y ; 4 ,� ; a �b � �: € t �� 4� E S �� § �§�_� �e7 � : � ;•� s � s�� 3�� . � ��a gF : � � s„2 "� { �� Yffi ( a v, a � ° � �i � ^�� al=�. � al,�� ' �I$ g � �I� $ g C Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve an amendment allowing for a time extension to the existing grant agreement between the City of Clearwater and the Flarida Department of Environmental Protection Office of Greenways and Trails (OGT) for the construction of trails at the Lake Chautauqua Nature and Equestrian Preserve and authorize the appropriate officials to execute same. (consent) SUMMARY: The City was awarded a Recreation Trails Program matching grant in the amount of $200,000 for the design and construction of an 8— foot wide shell trail and parking facility that will be used for hiking and equestrians within the Lake Chautauqua Nature and Equestrian Preserve. The Ciiy Council approved this grant award and agreement on February 17, 2011 and formally entered into an agreemeni with ihe State of Florida Department of Environmental Protection Office of Greenways and Trails on March 10, 2011, DEP Contract Number T1021. This agreement expires on March 10, 2013 and this amendment extends the agreement for one year to March 10, 2014 to allow construction of the project. The OGT has recently approved the design, and the project will be constructed this fiscal year. There are no fiscal impacts of this amendment. It is just a time extension. Future maintenance of the trail will be provided through the adopt—a—park prograin volunteers and exishg park maintenance staff. There will be neither additional FTE requirements nor additional operating impacts for this project. Review Approval: 1) Office of Management and Budget 2) Lega13) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 8 T 1 �721 (D�P Cc�ntrc�ct Number� STAT� �F F�{aRIDA �EPART,M�ENi (JF ENVIR�N�,hENTAL P9�QT�CTIC�N Amenr�ment 1 tQ �gr�emer�t This Amendment entered into ar� , 20 , serwes #a amenci partions of the Ac�reem�nt �iated March 10, 2al 1, by a�d between the aepcsrtmen# of Env�ironmental Prc�t�ctian, whos�e addr�ss is 39Ci�3 Cammonwealth Bca�levarcl, Tallahass�e, Fl�rid� 32399-3D�0, h�reinafter ref�:rred to as "Depc�rtment", ar�c� the �ity c�f �learwa�er, Florida, whc�se ac�c�ress is 1�0 SQUth Myrtle Av�nu� hereinaf�e� re��rred tca a� "�rr��tee", pursuant tc� the Intermc�dal �urface Tr�rnsportafi�r� Efficiency Act of 1991, {as amendedj, and �he Natic�nal Highuvay Systerr� C7�signation Act c�f 1995, far t�e pr�ject known Lak� CI�[�ut�uquc�. �raj�c� T 1 Q02 i["Praject" j. WHEREAS, the Departrnent has approveci the Grantee's request fiQr a r�a cost �ime ex?ensian; and, WH�REAS, ather changes t� the Agreem�nt are necessary. ��J�W, `�HEREFGRE, in and �or the mutua! cow�nants between them, the � � i��:�� fi��;nt and the �rantee �gree that th� fall�wing amendm�nt sha61 apP�Y � 0o to the �bo�re referenced Agreem�t�t: Paragraphs 1 an�! 7 are amended to change the comple�ian date frc�m l�4ach 1�, 2U13 tc� March 1�7, 2(}14. Atta��ment A, Grc�nt Work F'kan, is �rereby repfc�ced within Amended Attachment „�,,, which is attached hereto and made a par� h�r�c�f, includes a descri�tion af the Proj�ct, de�ailed b_ udg�t, dnc� anticipated deGuer�bl�s, Any revisions tca At#c�chment A must be #�arm�rlly r�ques#ed k�y the Grant�e �r�d if a�reed upan by the a�pc�rtmenf, th� rr�odific�tions will E�e reduced to writin� in c�n amer�dm�nt �o this Prajec� A�reement. In eacf� and every respect fihe terms of the original Agreement, ex��p# e�s amenc�ed hereby, shall r�mc�in unchanged and the same are hereby ratified, appra�ed and cc�nfirmed by the parties hereta as c�f the am�ndr��ent date. REMA[Ni:)EI�: (7F Pr1GE INTENTIDN.�LL`t' L�r l SLAI'+IK � m � � � m � � The �a�ties heretc� hc��e caused these presents fiQ b� duiy �xecuted fihe �ate and year first v�ritten above. S7ATE C�F FLQRfDA aEF'Ak�TME�JT �+F �NVIRC]NM�NTAL PRC�TECT1�7f� : Qir�cta� c�r I�es�gnee, C7ffice of �reenwr�ys ar�d �rails �� . �� EP Cantract Manager �=;�_?p�o�ed as fo Form a�d Suff�ci��ncy; �- Depc�r m� t Attar ey C17Y �JF CLEA�WA7�R, ��.t�RI�A � TypelPri�t Namae: Titie: Address: 1(}� Sau�h Myrtle A��;nu� Clearwater, Florid�€ 33758 �rantee Attarr�ey (if requiredj List ci �ttachment�lexhibifs �racluded as part af th�s Agreem�r�t: Specify Letterl Type Number Description �include numf�er of pages� Atta�hment A Grar�t Wor� Plan �2 Paq�sj Count�rsigned. Georg� RV. 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O �? � � N Q x — � � � �. _ � � � �. n � � o� � 3 Q � -, ^s a v � � �. � � 0 � � c � �� , tD � n n �i � � n rp � � � w �- ` � � --n � o � � w � rn � O �. � � � � Cp � �: Cp � � 3 �. fl � -,, � (�D fa l3 C? �. � C7 �J Q p � � Q � N � � � C� �5' C� cD p- � � cD (i7 �} � �; Q C� � a � r� a rr� .rt �. fl � � � � � � a @� C) � � � m� n � CCy n �� O � cn 1D � � m k a � � xw7 fl � � D � —F � �` � '� � � � � Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve the Second Amendment between the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City of Clearwater for the recreational, educational and social programming at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library and authorize the appropriate officials to execute same. (consent) SUMMARY: On November 11, 2011, the City Council approved a five (5) year agreemeni 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, 20l 1 to September 30, 2016, to provide recreational, educational and social programining at the North Greenwood Recreation and Aquatics Complex and North Greenwood Library. In meetings with MLKNFC staff and administration it became clear that there was a gap in the needed prograrr�ming for families and children in the Clearwater area in terins of resolving financial adversity, unemployment, child maltreahnent and disruptions of family units. MLKNFC proposed to meet this programming need if funding became available and suggested a reduction in the license fee amount paid to the City. In an effort to strengthen the programming efforts of MLKNFC and provide this needed assistance to families and children, staff is recommending that the agreement between the City and MLKNFC be amended to reduce license fee payments by $45,000 from $65,000 to $20,000 per year. Loss of revenue from this agreement will be made up by increased revenues from rentals and other athletic events and tournaments. Review Approval: 1) Clerk 2) Assistant Ciry Manager 3) City Manager Cover Memo Item # 9 S�GQND AME�DM�NTTQ AGREEMEN7 This Second Amendment t�a that cerkain Agreement dated September 7, 2(]'{ 1, ("Agreement'} €s her�by made and errtere� into on ,�C713, by and between the CITY L7F CLEARWATER, a municipal carpflration flf the 5tate of Flarida; wfi��se adt#ress is: Attn: Parks and R�creatir�n Dire�tor, P.CI. Bax 4748, Clearwater, FL 33758-4748, hereinaf#er referred #a as #l�e �'Ciry" anci Martin Luther King Jr. �leighborhoad Farnily Cer�t�r, Inc.; a Florida IVot-For-�rt�fi# �Carparation, whose address is 12d1 ❑ouglas �Iver��ae, Cl�arw�ter, FL 33766, h�reinafter referred to as `"MLKhiFC". WHEREAS, Ctty and MLK�IFC have part�ered ta pravid� educational, rrr��ivatio�aE and �ultu�al progra�rrrs at the North Greenwaod Aquatics and Recrea#ior� Campl�x ("Center"}, 9Cifl N. hllar�6n Luther Kin� Jr., AUe., Clearwater, FL; and WHEREAS, MLKNFC has the use +af ��proximafely 900 s�uare feet af affice sp�ce within �he Cer�ter to aperate their services, as reflected En Exhibit "A" in the Agre�rnent; and 1MHEREAS, M�KNFC would like to er��ance its services by pr�viding a Famiiy Sup�ort Wark�r to assist famil�es and chilcfren in Clearwater with various far�ily-t�ased challenges; ar�d WHEREAS, the Ci#y is amendabl� to th� addition of the servsces and agrees to adjust I'�LKNFC's License Fe� in �rrder to p�o�ride funding fQr the services. Nt7W, THER�FQRE, in cansid�ratian of the mutuaC co�renants se# farth hereir�, and other gavd and valuable c�nsicieratian, the receipt of which are �h�reby acknowpedgec�, the Parties agree as f�llews: 1, Paragraph 4, License Fee is h��r�by r��+"ssed tc� the exten# indic�ted befow or�J�: License Fee. In can�ider�#ion of �he rr�u#�aai ben�fits and Qbligatians prvvi�ied for h�rein, incluc�ing th� additi4n�l services fo be �arovide�l �y the Family Su�p�rt Worker as rnt�re par#icularly s�# forth below, MLKNFC �gr�es to pay ar�d the Ciky agre�s to accept � License Fee as af th� �ffecti�e �ate of this Arrrendment, and throughcauf the �emain�er af the first five years, in the amoun# of twenty thousand d�rl�ars �$2D,Q0(3} p�r � year payaE�le in quarterly payrnents of $5,04Q on C7ct. 1, Jan. 1, Ap�il 1, and J�ly � for � each year. At the er�d of each fi�+e year term, the i�icense Fee will be adjusted ta reflect � �pplicable changes in Lic�nse Premis�:s use �r �he cast af operating the faciiity. T�is cfl �ecalculati�n will r�ccur no later than July �S` af ev�ry 5t� y��r af the L�icense. 2. Par�graph 6, I��ency Programs and Use of the �acility, s€abse�tic�r� a}, shall be amended to add the follawir�g on at the end af the subs�ction: viii) � Family Support Wot°k�r position ir�t�nd�d ta assist �amilies and chifdren in the Cl�arwater area wit� the resaiut�on of prablems that lead to financi�l adversity, unemplc�yr�nent, c�ilc! maltreatment, an� #h� disruptian 4f the famsly ur�et. T�e position cc�mpliments th� Neighhc�r��od Family Center's G�ild�en's Services pragrarr�s and inc�eases the Cent�r's capacity under its abligation tc� provide family support services whic� benefit Glearwater area residents. The �asitiorr is r�sponsib�e for servic�s in th� ar�as of paren#�ng, fam�ly lit�racy; iinkir�g to h�alt� care syster�as, job c4unseling, ather related ecanomic d�v�lapment activities, ar�d autreach to underserve�i popula�tions. 3. All other terms a�nd �oncf�t"sans af the Agreement sk�all �emain irr f�ll �arce and efiect. !N WITNESS WHEREC}�, fhe p�r#ies haWe exeeuted #his ameradonent the d�y a�d y�ar first above written. MARTI�J LUTH�R KIiVG, �ll�. NEfGHB�RHC}GD FAMiLY GEIVTER, If�C. � Jc� Anrs S. Nes�itt, Execu�iv� director Cour�tersigned: Gear�e N. Cretekos N1ayor Approv�d as ta ft�rm: Laura Lip�wsl�i Mahar�y Assistant GFty �,ttvrney � m � � � A,ttest: CITY QF CLEARWATER, FLC}RIC3A � INilliam B. Harn�, II Ci#y Manager Ros�marie Call City Clerk Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve a blanket purchase order to Mid—Pinellas Urrpire Assoc. for $200,000 to provide umpiring and scorekeeper services far recreation leagues and tournaments held in Clearwater through December 31, 2013 according to Bid OS-12. (consent) SUMMARY: Several years ago as part of a resource reduction measure Parks and Recreation Department began to contract out umpiring and scorekeeper services. Prior to this, City staff was responsible to train, hire, schedule and supply umpires and scorekeepers for all softball games held in Clearwater. Mid—Pinellas Umpire Assoc. has agreed to renew thei- services for an additional year under the same terms and conditions of the original bid. This year Mid—Pinellas provided umpires and offici�s for over 3,500 games and tournaments, including the USF Series of tournaments. The costs for these services are paid for by user fees that are charged to the teams. Revenues therefore offset the costs associated with this BPO. Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Cover Memo Item # 10 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve a revised Standard Agreerr�ent Form to be used with the various Youth Co—Sponsor Groups and theCity of Clearwater and authorize the City Manager and/or his designee to approve such agreements. (consent) SUMMARY: On February 7, 2002, the Council approved a Standard Agreement Form to be used with the various Youth and Adult Co—Sponsor Groups and the City. Subsequently on December 4, 2008, the Council approved a separate Standard Agreement Form to be used with the various Senior Adult Co—Sponsor Groups. The Parks and Recreation Department has partnered with multiple volunteer groups to provide quality recreational opportunities and programs far the citizens of Clearwater. These groups are known as Co—Sponsor Groups. Currently there are 11 Co—Sponsor Youth Groups thatare recognized by the City. They provide programming for Baseball, Football, Soccer, Swimming, Lacrosse, Softball, Track and Field and Basketball. The City annually meets with each group and enters into a Sports and Program Co—Sponsor Agreement withthe Co—Sponsor Group. The revised agreement clarifies the roles between the City and the Co—Sponsor Groups and provides addai protection for the citizens and Clearwater by placing clear expectations on the Co—Sponsor Groups. The agreement covers areas s�h as certification, facility care, cooperation, publicity, documentation, participation, leadership and scheduling. Major areas addressed and clarified by the revisions included ADA compliance, training opportunities for volunteers, planning issues, insurance coverage, criminal background checks, group responsibilities on City properties and during tournaments and issues on subletting City facilities. Since there are so many Co—Sponsor Group agreementsto negotiate and approve, staff is recommending that the council continue to allow the City Manager or his designee to enter into these agreeinents. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 11 C1TY �F CL�ARWATER SF'CIRTS AhJa PF�C�GRAM C�-SPQI�S�R AGREEMENT TH4S AGREEME�IT, made and entered irrto th�s of , by and between the CITY �F CLEI�,RWA�ER, �LaRIDA, a municipal co�porati�n of the State of Flarida, hereir�after referred to as "Gity", P.�. Bax 4�48, Clearwater, FL 33758 and the hereinafter referred ta as "Cca-Spon�ar �Gra�p„ 11�11TNESSETH: (addr�ss} WH�REA�, th� Co-Spar�sor Croup is an organized recreatianal grc�u,� �r program appra�ed by the Par�CS arrd F�ecr�atican �irectc�r, w�ich �rovides its +awn valunteer I�ader�hip and adminis�ratior�� a�d WH�REA�, the City re�c�gnizes the CQ-S�ansar Grou� as pro�r�ding a va�uabie service to the c�mmunity, thraugF� their extensive use af v�iunteers and volunteer resources; and WHEREAS, the Co-Spt�nsor GrQtap meets all �f the crit�ria includee! in this Agreernent, and WH�REAS, �he Ca-Spor�sar Gr�up desires tt� use v�rious City-awned faciliti�s for t�rganized sparts programs anc� or various other recr�atior�al r�lated activities for th� citiz�ns of Clearwater; and WHEREAS, the City owns certain p�ablic p�o��ti�s and facilities that are a�vailabl� �a be u#ilized by the CQ-Spa�sar G�-o�p far their prr�grams; �nd WHEREAS, the Cr�-5ponsor GrQUp �nay use the phy�ical facilities owned anct rr�aintained by the Gity� or leased to t#�e Gity subject to th� terrns af this P��reemer�t. � m � N�W, THERE�ORE, irs c�rtsideratian �f the cov�nanis herein contained and � r�the�� good and u�luable eonsideration, the City agrees tc� alfaw the Gr�-Sponsor Gro�p � � t� utilize City fiacilities a� describ�t� in Exhibi# "A" at#a�hed hereto, as rr�ay kae amended frc�m tim� ta time, and is �ae�by rr�ad� � part of t�is Ag�eement, u�cier th� fQl�awing terms and car�ditions: 1. Recitals. The foregoing recitals ar� tru� and cc�rrect and ar� inc�rpara#ed in arrd form a part af th�s agr�ernent. 2. fihe term af the Agreemen� will �e #Qr a period of or�� 1) year camrnencing and errdin� January, 2013 3. The Cc�-Sponsar Group agrees tv abide by and enfarce all City ordinar�ces as they relate tr� Parks � Recr�ation. The ar�ina€�ces can be found at http:lliibrary.munic�cle.comlindex.as�x?clier�tld=1 D�48&st�te�d=9&sta#eN�rne=Fiorid� 4. This Agreernent may or�ly be amended by writte� amendment to this Agreem�n�, ex�c�ated by bot� F'art��s. 5. Tf�is Agreernent will r�main in effect ur�less terminateai by ei�her par#y as follaws: (a} Upor+ k�reach af this Agreement �y a party, the othe� party wilf giv�e written natice af te�-minaiion af th�� Agreement specifying the claim�d breach and th� action requirec! tc� cure the breach. ff #he breachir�g party fails to cure the breach within five days firom �eceipt vf said notice, then the cantr�ct wilf te�minate t+�n days from receipt c�f th� written nc�ti�e. (b} Eith�r qarty r�ay t�rminate this Agreemer�t without caus� �y �i�ing written nvtice tr� the ather party that the Agreeme�� wili termFnate 30 day� frorn the receipt o# saEd nc�tice by t�� terminati�g �arty. 6. Subject tc� available funding, the Ci#y wiil prQVide and maint�in facilities #or the Ca-Spflns�r Graup far thetr apprc�v�d �ragram and activiiy. The City of Cle�rwater Parks and �ecre�tian Department is de�#icated ta impraving the c�verali quaGty of spc�rts and athleti�s in the City and reserves the right ta close any field, �t any tim�, for any reasan, in i�s s€�le discretion, including k�ut nr�t limited tQ, fc�r maintenance purpos�s or �ac�r field ��rditic�n�. Fields that are closed due to paor coro-dit#c�ns, m�inte��nce, safety issu�s, etc. are aff limits tn use by anyane. �Failure to comply wit� this procedure may result in immediate termi�,ation c�f preser�# artdl�r future field �se. Individual teams or ,�artici�ants r�sing clased facili#ies will be cc�nsider�d r�presen�atives vf the AssaciationlCo-Spons�r Group in which they �a�ticipat�. � r. The Co-Spons�r Grou� agrees ta pro�rEde reereatianai prc�gr�ms a�ad aciir�ifiies � t� primarily benefit t�� r�sidents af Clearwater. The City^ will actively promr�te th� Ca- � � S�ansor Graup prograrns and �ctivities ut3lizing City resources i.e. my Clearwa�er � II,?agazine, �-View, etc. 8. The City �afi Clearwater campli�s with th� Americans with Disabiiities ,Act of 1990, P�ablic La^w 101-33�, Jufy 26, 1990 (�2 USCA ��21a�) ("ADA"}, v+vhich prtrhibits disc�rimination on the b�sis of disabilit}�. The ADA, as applied to citi�s, c�untie�, and 4t�er local gav�rramentai entities, requires that no qualified indi�ridual with a disability shall, vn the basis r�f a disability, be denied the benefi#s of lo�al government s�rvic��, programs, or acti�ities. The C�-Spc,nsc�r Gr�up acknrwbed�es #he importance of campiying with the A��, �nd agrees to �du��te itself and its rnembers af ,�Il requir�ments �f the A�A and wil� abide by same. 2 ,lanuary, 2013 �. The Ca-Sponsar Gr�up sha�l nc�t discrir�i�ate on th� #�asis of race, creed, ca4�r, age, natia�al origin, r�ligic�n, sex Qr disability in accordance with �urrent st�te �r federal I�ws. The City r�serves �he right tc� terminate this Agreement i�nmediat�ly �pon breach o� this cavena�t. 1D. The Co-Spansor Grr�up s#�afl maintain legaf status as a state Qr f�c�eral Internal Revenue Service ap�raved 50�(c)�3} arganiz�tion. Such status shall be maintained ciuring the terrn o€ this ,�rgreeme�t and proaf of this s#atus shall be subrr�itt�d to the City. If 5(?1(c} (�} status is rescincled, sus�ended, canc�lled, or atherwise changed, the Urganizaiion shall n�tify the City witlnin ihi�ty �3(}} days. Failure by the Clrganiz�tion to� maintair� such s#atus shal'I be ca�se far imrr�edi�te t�rminatic�n. 11. The Ca-Sponsar +Graup agrees tc� provide competent leac#ership for ti�e program and the Board of �3irectors as establish�d by the organizatior�� by-Caws, and will include �t rninim�m, one {1) C4ty af GPearwater resident as � Board Member. The �aard af Qi:rectQrs will cor�duci �he pro�ram in ihe best interests of the City of Cl�arwater. The City will affer Administratr�� training opportuni�ies twice-ye�rly. It is the responsibilifiy of each group #o e�sure that at least three members of the organizata�an's k�oard attend one of these training o�pcar�unities. T�e cast af this training ��ar up to three members} will he at na charge to th� �r�anizatian. The organiza#ic�n will incur th� cost far ac�ditronal bQa�rd members participatic�n. 12.Yhe Ca-5ponsar Graup agrees t� provide recreationa! pragrams arad actiuities to primardly benef�t th� r�sid�nts of Cl�earwat�r. The Cv-Sp+�n�or Gra�p agrees t+a promvte their program to the citi�ens c�f Clean+vater �nc! that a minimum c�f 5Q°/o of the€r partict�ants will i�� residents o� the Ciiy c�f Gl�arwater. �f tf�e 50°lo target is n4t ��i�� atisfied #h�e group rr�ay �ul�mit a pl�n ta �chie�+e this go�l ar art �lternative that must b� ap�raved by the City. Failure to mai�#ain fi�iy percent (5t}°/a} re�icfent particip�ti�an rnay be ca€�se f+�r terminativn with thirty (30} days natice, if a viak�le plan to in�reas� resident parkicipation is n�t approved by the City. 13. The Cv-Sponsor Crc�up agrees to subrnit the follow�ng as s�ecif�ed, and i� � �,p�rc��riat� as a��lined in Exhi�its '�D" '�E° and '�F": � � �a} Current roster or memb�rship ral�, �xcept as de�ir�ed in Exhibif : � l��t� d u e: Rasters wilf i�clu�le #he name of the participant, th�ir adcEr�ss, and par�r�t or gua�rdian's name. Rosters must be proviaied to the Afhletics C7ffic� on the date agreed �o abQVe unless ar� exter�sia�rr is approved in writing. A $25 per week f�e �nrill �e accessec� t�r th� orgar�izaiian far all ros�ers that ar� not s�bmitted by th�eir due d�t�. �b) Payment fc�r partsci��rtts whv da r�ot �ave v�lid City partici,�ant cards. �ach participant is ex�ected ta possess a current City o# Cl�earwat�r Recreation Card. The card m�st be valid fc�r at least 5D°Io �f the Graup"s se�s�n, gac�d through ur�less outlined in Exhibit . Th� C�rrent fee of $ w�ll t�e acc�ssed ta th� �rgan��atiar, for e�ch mernber deterrninec! not to har�e a current Cifiy c�f Cfearwater Rec. � lanuary, 2Q13 Card, regardless of wi�ether th� indi��dual is a Gi#y a# Clearwater re�ident �r nc�n-resident� This fee is subjeci tD change as ��fined in Appendix A-Schet��afe af Fees, Rates, and Gharges; Xl. Parks, Beaches, R�creation: L��e of facili#ies by nonresidents (ch 22}. This payment is due unl�ss outiined in Exhibit _ (c} An �cc�rate facil�ty andlQr field s�hedule, depi�ting actuai u�e i.e. �ames, practic��, m�ets, #c�urnaments, events. Qate due: - - _. __.. (d} A, camplete list of th� Board of Dir�ct�rs. Date due: _.-._.._ --- _ __ _ (�} A fist c�f �II coaches and c�rtifications of coaches, �nd pr�af �f req�ired backgr�und checks. Date due: (fj Copy of the by-laws �nd Articles of In�orporati�n. []ate due. (g) R capy of the Insurance Certifiica#e naming the City of Cl�arw�ter and the F'inellas G��nty 5chool Btaard as addEtionally insured. (See Section 15 for coverage r�quirements}. Date d�e: (h) VerificatFOn of hlonprafit sta#us. Qate due: (F) Submit a�i�rancial statement c�� ann�al au�iit. Date due: �j) Pravide Athle�ics staff with current registration and promotianal materials prior to di�tributi�n tc� the p�k�lic (Print or Wek� based). (k} Suhmit an Emergency Actic�n Plan to include participant accident reporting prr�cedures. C��t� d�ae: 14.The Co-5pansar Group agrees that it will indemnify �nd sat�� the Gity h��mless on acco��t of the n�gliger�t or wil�ful ac#s of Co-Spc�nsor �roup �taff, wolunte�rs c�r agents or �on accourut afi any u�nsaf� condition that rnay exist as a result af th� neglig�nt operation by Cc�-Spansc�r Graup staff, valunteers car ac�ents af the facilities. 15.The Ca-Sponsc�r Graup further agrees t� carry at i�s t�wn ��st and expens�, acquire and maint�in during the term ►nrith the City, sufficient inst�ranc� to adequat��y prc�teet the respective int�rest af t;he �ariti�s, Specif�cal�y, the Ca-Sponsor �re,up must carry th� f�llowing minimum iypes and amc�unts r�f ir�s�r�nce an an o�ccurrence basis, Qr i�r the e�se c�f c+�verage that cannat be obtained on ara occurrence t�asis then ca�rerage � �an k�e ok�tained on a claims-m�de basis witi� a minimum three (3) year #ail follawi�+� the � ierminatiQn or expiratir�n af th� Agre�ment. These insurance requirements shall r�c�t � I�ir�it fihe iiabiMity of the Cfl-Sp�nsor Group. The Cifiy does not represe�t that these types � � nr amaunts of �nsuran�ce to be sufficient vr adequa#e ta prnt�ct the Ca-5ponsor C�r+�u�'s isiterests 4r liabif�ties, but are merely minimums: (a) Gomprehensi�re Gen�ral Liability insurance an an "occurrence" basis including ��tt nc�t limited t�a bQdily injury, p�rso�al injury, and property damage with timits nc�t less than $1,04�,(70(} per occurrence, �2,00[],00� aggregate. (t�} Automabile �iability insuran�e fc�r any matar �v�hicle e�wned by, k�i�ed by, use� by, or used an be�aff af a Co-Spansor Gr�up, prov"sding Bc�diiy Ir�jury Liability and PrQperty C�amage Liabili�y+ covering any in�ury or dam�ge v^rith limits n� fess �ha� �1,D��,D�� per accurrence, $2,D[�O,O�D aggregate. Q. January, 2{713 �c} Worker's Compensakion In�uran�� wiil be obtai�ed ar�d maintained by Ca- Spansor �raup during the life of thFS A�reement, and in a�cordance with the laws c�f the 5tate 4f Flr��ida, far all af Co-Spflnsor Group's empfoyees �mployed at the site. C�verac�� shou�d inc[ude Vc�lur�tary Cc�mp�:nsat€an anci LJ.S. Longshoremen's and Harbar Wark�r's A�t coverage wher� �pplic�bl�. (d� Empf�yer's Lia�il�ty insurance will �e abtained �nc� maintained for �ach employee, each accident with limits n€a less than $1C�Ci,f3C�0, and $100,�C10 e�ch employe�l$�C?�l,Q(]Q pc�licy limit fior disease, and which meets alf State and �e�ieral laws. Cc��+er�g� rrgu�t be applicable tfl empl�y��s, �antractars, and suf�contractors, if any. (e} Praperty Insurance, if a�railable, as a tenant or user af City faciliti�s wiah limits nn ke�s #han $1,0�(],OQD per t�ccurrence, $2,OOL,�3QQ �ggregat�e. ADDiTlUNAL dNSURED; The City is ta be specifically included as an additic�naf insured on all liabifity cov�rag� d�scrEbed �boue except far the VIIQrkers' Campens�tie�n caverage. C3THER iNSfJRANC� PRQVISlC�NS: The Ge�e�ral Liability and Automo�ile Liabklity palicies are to cc�nkain, or be endor�e�l to ct�ntain, the fiollowing provisions: 1. PR�MARY INSU�AhICE CQV�RAGE: F�r any cfa�ms related t+o this A�r�ement, the Co�S�ons�r Gro�ap's insurance covera�e shalf �e �r�mary insurance as res�ects the City, its vfficers, caffiGials, er�ployees, and volunteers. Any insurance ar self�insurance main#ai�ed by the City, its afficers, offieials, emplaye�s, or v�lunteers shall be ex�ess af the Ca- Sp�nsQr Gre�u�r's insuran�e an�3 s'�all n�t cor�tribute to it. 2. �IGHT QF R�CC7VERY: Except for Warkers' Campen�sati�n, the �Co- Sponsor �roup waives its right of recovery against the City, tr� the e�ent p�rmitted by its inst�rance policies. � CERTIFfCATE C}F INSLIRANCEICERTIFIED CC?PIES QF PC3Li�lES: The Co- � `:��s�r C�ro�� will provid� the City with a Ce�tificate or Certificates crf Insura�rce � �howi�g the existence o� coverage as requir�ed hy th� Ag�e�men#. In addition, the Co_ � �ponsar Group will provide to ihe City, i� asked in writing, certified cr�pies r�f all pvlici�s :�f insurance. Th� Gc�-Spr�nsc�r �roup will rnainta�rr the ret�uir�d cc�verage with a eurrent Gertifieate vr Cerkifi�ates c�f Insurance �hraughaut the term a� t�e Agreem�nt with the City, �J�w c�erkifica#es and new certified copie�s of p�lici�s sh�il be prr�vid�d tr� the Gity whenever any pc�licy is renewed, revised, or vbtained from �iher insurer�. �h� address wh�re such cert�ficates and certi#ied palicies si�al! be sent c�r de{iv�red is as fallraws: City af �iearuvater Atieniian: Athletics C7ffic� 70F M1f. Missouri Ave. Ciearwater, FL 3375� And +� J�nuary, 2Q13 City of �Clearwate�- Attenti�rn: Ri:sk Manager 1 �J� 5. My�ti� Ave. Clea�nrvater, �L 3375� 15. Th� Cfl-Spar�so� Group will maintain a positiv� r�latior�ship with the City and P�rks and Recreati�n Department by: (a) Dbfaining priar approval far any ac#ivitie� that ar� not c�n the� rec�ular gam�lpra�tice ar use schedule. (b} Obtaining prior ap�rovaE f6r any field or facilit�+ improvements. (c) Pravidir�g all r�:[�uested inf�rmatian and paying all fees c�n iime. (d} fnf�rming Parks and Recr�ation st�ff of field problems ar sch�du�e changes. (e} Enf�rcing and abiding k�y� all applica�le laws, rules, polici�:s and procedures. (f} T�ae Cc�-Spans�r Graup President wili be #he Ei�ison with the City unEess fhe President appc�ints ancather representative. (g} T�e City and th� Co-Spc�nsor Group wil! rnake a gc�od fa�th effort ta reply to all carnmunications �pht�ne, e-rri�il, �fic.) w�thin 3 business days. 17. The Co-Spar�sor Gr�up w�ll act as a gc�a�i caretaker and custvdian af �il City of Clearw�ter praperty hy avoidir�g any activity that may damage the faciliti�s, by el�arring u� trash after each use, by enforcing the "n� sm�kin�" palicy, by utilizir�g IigF�ts anfy when needed and turning them afF after use. 1�. The Go-S�ansor Group will a�surne �II respansibility to rnonitar st�rrm �anditiaras and evacuate playing fields �f participants and specfators wh�n the threat of lightning or dar�geraus cr�nditic�rrs a}�p�o�ches. Co-Spansar Group will cancel games wh�n field r�r �laying conditians coulcf caus� I�arrn ar dam��e to par#icipar�ts or tc� #he #acilities i.�. flooded fi�lds. � 19_The Co-Spor�sor Grc�up will vaiidat�: t�� qu�lity of adult leac�ership by �.c+nducting and authorizing anr�ual cri�inal b�ckgrour�d checks in accardance with th� � law, c�n all persc+t�s ac�ing as head coaches, assistant ccaa��es, board members and a�y � ��son acting in �n official capacity with any Qrganizatian directly nverseeing the .�ssociation's ynuth acti�ities. Thes� checks shakl be cc��ducted and campl�ted priQr t� the b�ginnir�g of each p�aying seas+ars arrd sh�ll remai� valid for the dura#ion af �his ag�eement. The Assoc�atian sh�ll err-�ploy a r�putable cr�mpa�y to conduct such �hecks_ A statement confirrr�ing the campletion af th� b�Gkgrour�d checks is due tv the Athletic� �ffice 3� days prior t� the �irst day c�f utilizat�on of any Gity facility �ereunc�er. In acc�rdance wiih the iaw, th� Assaciatian shafl also adapt and puh�ish a �riminal backgro�rnd ch�eck palicy to be used f�r d�t�rmining an individual's elig�biii#y to coach. �hvuld an individual be disqualified as a result caf th� che�k, t�e Assr�ciatian will �, ��y. �� prc�hibit th�t indivi�ual frc�m s�rving in any �ffic�a� c�pacity with t�e Assaciation's activi�ies, disqualify tf�at individua� fror� �raviding any services �� p�rticip�ting in any activiiies contemplated under this Agreement, and notify the City of said applicant disqualification. The Associ�tiar� shall estak�kish a pQlicy as to he�w its criminal backgrc�und chec�CS wil! t�e pracessed and wilP pay far the cvst �f �ac� k�ackgrc�und check. Exhibit "C" — Crimin�4 Background Investig�tic�n Policy is show�n as an ex�mple raf a�olicy th�t ihe Assc��ation may wish tv �mpfay_ Th� Assc�ci�tian shall furni�h to the City a listing af the persons that ha�ve successfufly un�ergQne a crim�nal b�ckground check �riar tc� the beginning of any individual's invalvemer�t with any youth rel�ted acii�rities. Rn Assaci�tion 6�ard memk�er shall sign this listing for final uerification of the actic�ns taken by the �4ssr�ciation. �O.The Cv-Spansc�r G�oup will require and offer Gity sponsared c�r City apprQVed classes andlar clir�ics (such as thase endorsecf by t�e Natin�al Alliance for Yc�uth Spc��ts) to caa�c�es ant� parents on athlet�c fundamentafs, sportsman�hip, caaching techniq�es, and other rele�rant tc�pics. The Co-sponsr�r C�roup shall keep updated recorc�s on �II tr�ining app�rt��ities. 21.The Cv-Spc�nsor Grou� wifl recagnize �nd �e�pport City pukalicJprivate partners�ips. The Co-5pt�nsar Group wall be given ample naiice t�f such partnerships and their r�spansibility if any. 22.The Co-Sp�nsar Grc+up mu�t receive prior v+rritten apprava� from Parks and Recreatic�n ta rrra�e any alt�rativns, changes crr a�fditivr�s tr the existin� f�cilities. 23.The� Co-Sp�nsor Graup shall use existir�g City cancessfan stands and hQnor �ny Qutstanding City �gr�em�nts in place a� these st�nds. The C�o�Sponsvr group will nrot er�gag� in thir� party o�erations of the c�ncession stand. The Co-SponsoT c�rou� woll al�c� f�e resp�nsible to maintain the cancession stands ta the stanc€ards �s�ablished by � t��e �tate of Fl�r�da �ep�rtment of Heal#h. A�y grQUp that h�s a concession stand will � k�� r��uir�d tv haWe their cc�roe�ssion rnanag�r bec�m� a Cer#ified Prc�fessional Foad � Manager. inforr�athon a�out tt�is ce�tifi��tion can be obtarned �t � � �tt :Ilsa�efood.educaiion rc� rarns.carnJindex. h � - 24. F�cilities construc#�d by the Co-�ponsor Grot�p i.e. press kaoxes, concession stanc�s, batting iunnels etc., will be maintained by the Co-Spons�r Group. �'aiiure to maintain the�� facilities in a manner a�ceptab4e to the Gity sh�ll �� a material breach r�f #Ftis Agreement and may res�lt in the termination for cause af this agreement. 2�.5chet�ules submit�ed by the Co-Sp�nsvr Group must accurately d�pic# fieldlfaciiity use and any chan�es must be approved before �hey are irnpl�m�nt�d. The City resenres t�r� r`ight to revise or r�vake sck�ed�les af facilities based on inappropriate use or non-use by th� Co-Spansor Gra��. The City alsa has the right to assign fields o�- faci�ities to others if use by the Cr�-S�ans+�r Group is r�ot substantiated. �7 January, 2013 2�.T�re Cc�-�pc�nsored Group will b€� respc�nsi�le fr�r direct �ity costs v� its programs and use t�f faciliti�� for #he dur�t�a� of tiae Agreement, beginning with th� first ev�nt. �7.A�,ny �evenue cQll�cted �y the Ca-Sponsor Group on City property must be �ased to promate and suppc�rt the Co-Spv�sor Group activiti�s. lJse af fiur�c�s for ntl�rer purposes c�iupd r�sult in terminat�on c�f this Agre�erne�t. 2$.The C+�-Spansorecf Graup agrees tt�at all staff, caaches, valunteers ar�d agenis of t�� group shall con�tuct themselves as gc�od role madels �x�mpkifying g��d sp�irtsmanship, ca�p�rati4n and appropriate #�e#�avic�r. �9. Th� Co-5pc�nsor Group and all its invitees wilf abid� by al! applicabl� law and �II City palicies when using City facilities, includinc� those pr�licies which state that the c�nsumption af tohacco products �r alc�hr�lic k�ev�rages on City �r Schoa[ property is prohibited. 30=The �a-Spc��sar Gro�p further agrees to m�ke na unfawful, imprraper, t�r offe�sive use r�f the f�cilities, 31. lf ei�her party terrninates the Agreement, any improvements made ta the property by the Cv-S�r�nsr�r Gr�aup wi�l r�main t�e pcap��ty of #he Gaty. 32.The Ca-Spc�nsor �roup may noi assign this Agreement ar any c�f its rights hereunder, nor permii others to us� the facaliti�s �r any part th�reof vuithaut the written cans�nt of the City. This Agr�ement is a privifege f4r tf�e benefit of fhe G�-Spansnr �roup r�niy and may not he assigned in whoie or in pa�t by the Gfl-Spansor �Group to any c�ther persr�n c�r entity, any a#�empt t� ass�gn tf�e ric�hts ar abliga#ians of this Agreement shall render this Agreeme�nt null �nd vaid in total. Th�e Ga-Sponsar �roup und�rstands that the C�-5ponsor Group's use �af the facilities is non�xclusiv�. 33.A11 �o-�pansvr �r�ups are respon�ik�le far informing t�ei� members af �urrent � �uidel�nes and rules outlined above. �rganizations are �xpected #a take reasanaiale � rr�easures t+o ensure cr�mp�iance during their events. Violations may r�sulf ir� the � suspensior� or canc�liatian of tha� asst�ciatic�n"� Sports and Pragr�m Co-Sp�nsor � �.greem�nt. 34. In the event of qu�estia�s arisin� �ut of the use of the facrlities or atherwise arising und€�r this �Igreem�nt, the qu�stic�ns will k�e ��ttled in writing betwe�n the Parks ar�d Recr��tian �irector far the City and F'r�sident c�r pr�sidir�g t�ighest v#Ficer c�f the Ca- Spr�nsr�r Group 4r the specific designee of either for r+�saluiivn �f such questions. 35. If special conditions or issues rreed ta be caarifi�d they wi�l be cavered in ExhibEt 6(i.e. rraairtter�ance issues, pay�nent ofi fees, sp+�cial needs), �nd attach�d heretn and made a part herer�f, � Jdrau�ry: 'ZQ13 IN WITNESS WHEREC�F, the parties hereto have exec�tted this Agreement the day and year first wri#ien. 1Nitness�e�: As i� City Manager or Desigr�� As t� Cc�-Spansor �roup Pr�sid�nt Designee � m � � � � CITY OF CLEARWATER, F�C3RIDA . : City Mar�ager or Desi�nee Ca-Spc�nsor Graup President or a�sign�e EXHfB1T A C`rty o� Ct�arwater Cv-Spansor Grv�p Us� R�qu�st Gv-Spvnsc�r Gro�up: Brief Qescription of P�agram: Specific D�tes a� Pragrarr�: Requ�st�d FacilitylField: R�qu�sted Specia� Ev�nt Da#es {Tournarn�nts„ Clinics, Camps, Etc.}. Cha�ges will be deterrnir�ed on a case-by-case �asis. A prajected invaic� will b� suppliec! wi#h fhe � t�ntative �r cc�nfar�rrat�vn permit: m � __ �- � � � _ _ _ 5chedul�ng Persc��: E-mail: Subrnitted By: Apprav�d By: Phone #: C�ate: pate: 1 � Januar�+, 2013 �xhibi# B Spe+�ial Cvndi�ionsllss�aes + The arganization's president c�r authnrized representative must attend the ca- spans�ar ��sidents me�tin�s canducted by tk�e Athletics Section. • 1 understand that tf�e organizati�n must be in compl�arrce wi#h this dc�cument ir� carder to submit grant requests ta �iearw�t�r for Youth. Faifure #a meet any dates a� outfined in this a�reement wifl k�e graunds far the Gra�ip tc� k�e d�clar�r� C)u�t af Camplia€�ce. Signed By: Date: � m � � � � �x��i�rc� Sample Criminal Backgraund ln�estigation Rolicy For Adul# Volunt�ers in Youth Spvrts The City r�f Cle�r-water, Flarida ha�s a desire to pratect the safety arrd welfare Qf its you�h during their part�cipatio� in a�l sports rr athfetic actiui#ies that are Co- Spc�nsc�rec# by th� �ity. Rec�gni�ing th� natic+n-wit�� incide�ce of crimes against children reqt�ires pro-activ� steps tc� pravide protectic�n ta chiidren participating in organizations inv�lving sports and athletic compe�ition. The �ity r�quir�s that all a�dufts, 18 years or �Ider, that ►�tilize the Ci#y atf�letic faciliCi�s, or the facil�ti�s s�cured by the Gity, as a part Qf any Gity spo�nsared youth spart� or athletic activities shall b� required tr� submit themselves to under�Q a criminal backgro�and inv�s#igatian prior t� ihe�r participation as a head coach, assistant c�ach, baard member or any r�ther pt�s�tian acting in an vffiicial ca�acity with ar�y �rgar�iz�tic�n �lirectly avers�eing any City spons�red y�►uth sports t�r athietic activitFes. Procedu�e In ard�r ia screen ail volunteers, board rr»mk��rs, cc�acF�es and ofFciais, the Go- �ponsor Group must verify and implement the fallowing procedures: A. Criminal �ack+�rc�t��td Inv�estigation The City v+rill require that criminal bacl�gro�and inv�e�tigations �e ma�e of all adults �rolunteeri�g to serve as c�ach�s, bQar� members ar any �ther pasitian actir�g in an official capacity with any orgar�ization directly overseeing any City sp�nsored youth sports or �thletic activities. �. Af��r initia! cc�mpliance and ev�ery twelve (�2} manths thereafter, �I� volunteers as stated ak�ave mu�t ur�derga a crimina� bacl�grouncf investig�tion. 2. Crimir�al background investiga#ior�s must be performed prio� tc� the volunteer being a�signed any duties or res�ansibilities �t �ny City sp�rts or �thfetic facilities. The �ity may d�terr�ine th� time of y�ar the investigations are ta be cartducted depend�ng � �.-rr3 t�� beginr��ng a� th�dr practiee seas��(s} ar �aents. � 3. Game official� used who ar� nat a�fiMiated with tihe City are r�ot subject tv the � �ity'� �rim�nal background �nvestigatron policy; h�owe�rer ih� City may ci�c��se to require � t��ose officia�� tQ submit ta a criminal �ackground i�rves#i��tion. B. Gruunds for �isqualifNCa#i�rn An individual cvnvicted r�f any af the �oll+owing criminal �ffenses prr�vided shall be disqr�alified from pa�tici�ation as a v��unteer in any City spons�re�l spt�rts ar athletic activities ��i�izing �i�y sport� or athletic facilities. A ravated kEdna in Cndecer�t exposu�� Injury to elderly ar A rauated re��be € �isab�ed. A rawated sexuai assault � Intaxication c�ffenses�` Arson � ' Kidna in -- -- Assault" j Mari�uana c�s�ession� 12 �anuaryp ?a�3 Any vio�ation vf t�e law in t�nded ta conirol the possessian or d�stribution flf any cc�nfirol�ed substance a� ille�al drura Crirn�s against child��:n Crimi�allu r��aliaent hc�m�cide C3ead4y_ca�du�t Deliv� afi mar� FY — ---� ❑�''� �'� � Murder �bscenity Pr�hibited s�xual ��nduct Pr�ostiiution �includin� prc�mation �f, a��r�vat�d �ramr�tic�n caf, s�licit�tian' Sexual �buse Theft* _ _ _ _ _ --- Voluntarv Mar�slauahter *NC3TE: Assault 1 QWl 1 Intoxicatic�n offenses f Marijuana p�ssessir�n 1 Tf�efk — Eiigibility de�ends on th� severity an� len�th af time passed since the affense oc�urred. In rnisc�emeanor canvictic�ns for these offens€�s, the ciisqualificaiion will a�c�ur w€th a se�a�d rnisd�meanar canvic�ion� �epending on t�e time frame af the DW'I, driving w�ile r�epreseniing t�e t�r��nization is not recammended. Thi� list a# offenses is not ir�t�nded to �e all-i�c�usive and in nr� way sets limits on the +ofFens�s th�t are de�rned grc�uncfs fr�r disqualifying ar� indi�ridua! from afFiliatiar� witf� the Co-Spansor Grau{�. Decisions on all ather crim�s c�r affenses nr�t �therwise desceibed abave will be rr�ade at the sc�le discretion of the G�-Sponscar C�raup, i�r accardance w�th #he I�w. If a valunteer Qr other a�ent �f tf�e Co-Spansor Graup is determined eligible for a�Fiii�iion and �s later arrested �ar convict�d of an� c�f th� abov� crimes, helshe is rec�uir�d to notify the Cc�-Spr�nsvr Group i�nrnediately. H�Ishe will be re�nowed �mmediately frnm hislher valunteer positi�n untii the case has k�een finally adjudicated. Failure ta natify the Co-Spo�nsor Group of any arrests ar convictions frc�m the Cist abav�e will resuit in ti�e uolunteer b�e�ng immediately remQVed from a�l �o-Spon�ar Grc�up �+o6unteer d�ties fr�r a rninimum ofi iwelWe �12} ma�ths k�eginr�ing on the date �he failure to r�c�tify was discavered, or fc�r such other time as requir�d by law. � m � i�� the event the �c�-Spansor Group is notified that a cvach has be�n determined � i�eli�ible to coa�h fQr #he organizatior�, it is the r�sponsibility af the organizatian to � � �up�fy th� A#Yrletics Offi�e with a revised coa�k�es list. �� Jae-+u�rv` t�}1� Exhibit Q Parking F�estrictions During the �C�-Sponsor Graups s�ason, the Graup will assit�n as mar�y members of #heir c�rganiz�ti�n �s n�cessary to manage and control parkir�g, and to k�ep �ire ianes and access for emergency vehicles clear. The Co-Spar�sar Gr�ups will ensur� #ha� all vehic�es �nfy park in de�ignated fegal parking lats �r stalls. Parking c�r drivir�g arr fieids, medians, sidewalks, i�ike lan�s, pat�s, �r other unautharized are�s inside the park are strictly prc�hibited. Th� City uitimate�y retains th� r�g�t to pro�ibit parking at any Ivcation. The Ga-�pc��rsor Gr�ups will cc�ntr�l the parkin� a� the faciRities they acc�apy #� c�ndu�t their programs. �c�r exampie: {a} Geauntryside Sparts Complex: Parking +s not permitted al�n� the right-of-way on McM�llen Boath Road. �+,dciitianally, vehicles may nat park in th� swal� between t�e sidewalk and the right-�of-way. GrQUps using this venu� w�l� help promc�te ga�d �eigf�k�or co4peration with Chi Chi's �olf Course by ensuring #hat Chi Ghi's parking is nflt encroa�hed upc�n. �b} David Martin Fielt�s at Gen (]a�ks Park: Parkir�g is ne�t permitted alang South Hi�lcres� A�re., S�ut#� Turr�er St., �r South EW�rgreen Ave. tc} ECM 8 and 9 Fie�ds: Parking is nai permitted in the Eisenhower SchQai parking Cot during schoo�l haurs_ 4d} �rank Tack Field�; Pa�king is nc�t permilt�d ir� the gr�ss along Montclair Rd. �e) Joe DiMa�gio Baseball Fields: The graup� will er�sure #hat vehicle tra'ffic associated with their activities will nat drive on the m�interrancelemergency access roa+� �etween the tt�rf mu�ti-purpose fields. Addition�lly, no veh�cles are permitted �c� park next ta tf�e baseball fie�ds. (f} Sid Licktort Park: Parking is not pe�mitted along the raadside af Saturn A��. �g} 1leh�clesl�railers are n�t permitted ins�de any of the fiacilities n�ar on any turF surFace withaut prior writt�n approval frc�m the Athletics �ffice. � ��ilUre af the Co-Sponsc�r Graup ta contral th� parking at �ny nf th�s� f�cifities during �D �:heir activities wi11 r�esult in the Athfetics Clffice assignin� the numb�r of games, game � � �tart times, �nd the num�er af fields that car� be in use at each fa�ility to ensur� � ,Wom�lia�ce with th� parking restrictF�r�s at e�ch site. Nnn-c�rnpliance with the assigr�ed r�ame schedule uuill re�ult in the Ic��s c�f privileges at that faciiity. 14 ��a,�� zo�.3 � m � � � � Exhibit E �o-Sponsar Graup°s Respansibilities The Ca-Sporssor Gr€�up agrees that during the term c�f this Agreement, the +Gro�p wilf at na cost or expense to the City, provide the fallowing m�fntenan�e andlor repair: (a}5tripe each tu�F #ield as ne�+eded. (b}Pick up all paper, eigarette remnants a�d debris and plac� in trash receptacles, ir�cluding the b�eakdowr� af all �axes. (c}The �roup will �n#orc� the �ity's No Smokin� C}r�iinance, N� Pet's �rdinance, and all other post�d rul�:s. (c�}The Associatic�n, any league, #eam, gra�p, or persc�n, using a Ci#y park under this sec#�on and failing to 1eaWe it clean af litter to #he satisf�c#ia� c�f the Gity, will reimburse tk�e Gity far city uvo�ker time used tc� clean the facility. (e}Pro�i�Je for any special needs or services suc� as s�curity ar traffiG �antrt�l devices or 4fficers n�eded as a result of Associatian's use of the �acility. ��Light c�eanin� v� th� restroor� facil�ti�s r�r� a daily k�asis wl�en in use. �c�)The Graup s�all nat s#ore any items outside the stor�g� room n�sr r��sp�nse ofi any tr�sh outside the facility area ather t�an in containers pravided by th� �ity. (h}Tfine Gr�up v,�ili issue ta the City two I�eys tc� any GroUp initiated lack used at any City facilaty as w�ll as anytim� the lo�ks are c6�anged. {i} A� nvted earli�r, while the Ca-Sponsar G�oup's use t�f the facility is nanexclusive, s�bleasing of the faciii#y ar assigning use af th� facility �y the Co-Sponsor GrQ�p is no# permitted. Such a�e#ivity by the Co-Spo�nsor C�rt�up cnuld result in terminati��n af this agree�nent. Th� Group s€�all r��e9ve an invoice fram the �i#y, as appf�ca�ble, if the graup de�es not fc�Elow through with th�se respc�rasibilitie�. Failure tsa make such a payment wiil be graund� to bar th� Gro�up from use of the facility �unt�l the fee is p�id or acce�tabl� r�rYi�d��l acfiic�r� ia taken. � m � � � � E;KHIBIT F-Clw LL �Clearwater Little L�ague T�am R�ster Se�bmission and Rvster Paytnent Infvrmativn i 1. Glearwater Littl� Leagu� will submit tk�e fallox+ving: a) Rasters �} Little League will p�ovide rosters: �i} 5pring 9�c��t�r Due: �ii) Fall B�II Rost�r Gue b) Ftoster Payme�# �)Littie L��gue roster payrnents (i} Spring B�II roster paymer�t due: (ii)Fakl Bali Ros#er payment due: C�rd Gc�rad Thrc��gh: Card Gaad Thrc��gf�: � m � � � � E�HIBIT F-�S LL Co�ntrysit�e Littl� League Team Roster Submissivn and Rc�st�r P'ayment Informaiian � 1. Countryside Little League will submit th� fallowin�: a) Rasters 2} Littf� League will pro�ide rc�sters: �iii} Spring Roster Due: _ Garc# Goad Thraugh: - _ �i�v) Fall Ball Roster D�e Card G�od Through: b} Rostar Payment 1 }Little League roster p�yrnents +(i) Sprir�g Ball ros�er payment du�e: �ii)Fall Bal! Rvster paymen# due; c} lJnincorp�rated Cc�unty r�sidents without Rec Cards will be billed at the City of Clearwater resident rate. EXHfBIT F-�AT Clearwa�er Aquatic Team Attachmenfi 11. Clearwater Aquatic Tearn will suk�rnit the followir�g: a�} Roste�s (1 } CAT wifl submit �uarterly ra�#ers: (i} First qua�#er roster due: Card Gc+r�d Thr�ur�h: (i�} SecQ�rd qu�rter roster due: Card GoQd Tl�rough: (iii)Third quarker raster due: Card Gc�ad Thrcrugh: (iv}Fourth quarter rc�ster due: Card Grod Throu�h: b) �aster Payment (� } CAT rcast�r payments: (i} CAT rt�ste� paym�nt due: c} An accurate facility �ndlo� fie6d scf�edule, depicting actual use i.e. games, practices, meets, tournaments, ev�nts. Th� following dates ap�ly: (1} Swim m�et schedule due: (2} School sea�on training schedule due: (3} �ut af schQOl seas�n irair�ing sc�+�dul� due: -� • Th� City has the right to res�rict or refuse pr�grams or activities #hat are deemeci tc� interfere or compete with the Co-�ponsar program. • fihe City will make �vailabl� an� gyrn tc� CAT for s�vim meets at no charge. Adt�itiar�al gyms must b� scheduled thrc�ugh t�e Long Center Supervisor. • The Cit� will prouit#e a�ent�tir�e inv�aice ane week priQr ta th� swim meet, a final invoice v�iMl be subrnitted ta CAT with�n � days at the cnmpletian af the rneet, �AT will pay sa4d in�oice within 7 days �f receipt af the in�voice. � The City will cQOrdinate use of the Fitness Raom far CAT parkicipants. The l.vng Center Supervisar will review fior appr��ra1 th� use of the Fitnes� RaQm, the h�urs � w�ll be restricted tc� the tirr�es the f�eility �s closed tQ the public. The City of �learwater a�� restriction palicy m�st be enfarce� at �li times. Pro�er at�ire must be � w�rn inciuding shc�es (participants �nd caaches). The swi�-nrr�ers may nQt t�se tF�� fitr�ess rao�n with��rt �dult sup�rvision provieied �y the c�rga�rization. • The City will mak� storag� spac� available tQ CAT. CAT may hav� tc� purchas� spec�fic cantainers for their eqU6pment. • The City will supply a li�t af blackaut dates; schedules may need tc� be adjust�d accorr�ingly. The City will schedule all 1Ninter trainings. Any visiting teams ini#iating c�ntaet with CAT will be direct�d ta contact the Long C�r�ter ta arr�nge scheduling. 18 Janu�ry. 2C?i3 + Th� Ci�y wilf direct swimmers (Level 4+) r�questing lessc�ns at the Long G�nter to car. • Th� Ci�y v+rill collect a$4 per swimm�r drop in f�e for svvi�nmers �nrantirrg t� �ractice before meets. • CAT m�tst r�c�ive �rior approval for dry land training. Us� t�f the Lo�ng {G�nter fi�ld ar gyrn mus# be reques#ed in writing. Praper attire must b� w�rn in the gym ta include ter�nis s'�Qes (participants and coaches). • CAT will b� permitfec� t� have 4 pieces �f traini�g �quipmeni an the deck. T�ais equipment must be rem�ved for all swim meets. •�A� will fill out a Taurn�rnent Reservatic�n Req�aest �nd Fee and suk�mit the fcrrm to #�we Lar�g Genter as�d copy the Athletics (�ffice for all swim meets. This �i�cumen# will �utline the costs associated with the meet. *�P�T will submit a corn�leted �wim Meet Checkkisi to th� L�ng Cer�ter and copy the Athletics +C3ffice 30 days prior to an ap�rQVed �wim meet. * CAT must manitQr parking at ali swim meets. If there i� mo�e than �ne activity �# the facility, thi� respQnsibility will be shared. There will be nca parking on the iurf field. • CI�T will have access tc� anc� �se of the concessian �rea at �o charge. Pre-packaged fiot�d must be used unless GA7 has a Cerkifieti F'rs�f�ssior��l Foad Manger; I�a gri[ling is �Ilowed at the L��g Center. • CAT will �rav�e acc�ss t� and of use o# the srandeck ar�d frar�t courtyard at no c�arge. Thes� areas will be us�d to prorr�ote r�tail iterns fa� fur��rais€r��. The set up af th�s� areas must lae appraved by the Long �enter Supervisar, with at least twa we�ks' � r�o�ice. m � ��,4T will hav� acce�s to and use of ❑r�� cl�ssroom far a ho�pitality suite during swim � «�eets at na +char��. Adriiticsnal roams, if a�ailable, rr�ust be schedule through the � I._c�ng Center Sup�rvisar_ � CAT swimmers are excluded fram the per swimmer facility charge a�ity of Ciearwater Go-Spons�r�d group. 1 � Jai�uary. 2013 � m � � � � E�HIBIT F-�SC Gl�eanrvater �flccer Clut� Attachment 11. C��arwater Sac��r Club will submit �he fa€lowing: a} Rosters (1 } Clearwaier Soccer Group Wui11 provid� thr�e ros#�rs: (�}C4mpetiti�e Cl�b roster due: Card Gaad Through; ��i}Fall r�creatia� roster due: Card Got�d Thraugh� �i} Roster �'ayment �2} Clearwater Soccer CI�b r�ster payments: {iy �ompetitive Club rQSter payment c�u�: �ii} �all recreation roster payme�t due: c) Arr ac�urat� #�cilit� andlor fielc� �chedule, depicting aet�al use i.�. gam�s, practice�, me�ts, tourn�rnents, events. The followir�g dates apply: (1} �QL schedu�e due: �2} Fall r�creatio� schedule due: (3) Acad'erny schedule due: Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Ratify and confirm the City Manager's approval of a Purchase Order for Construction Manager at Risk Creative Contractors, Inc. of Clearwater, Florida, in the ainount of $242,682.59 for ihe modification of two parking lots, which includes alllabar and material cost to complete the modification, and authorize the appropriate officials to execute same. (consent) SUMMARY: The plan to renovate the Capitol Theatre includes expanding the theatre's footprint resulting in impacts to adjacent property owned by Pinellas County currently used far County—employeeparlcing. In accordance with the Interlocal Agreement between the City and the County approved on October 4, 2012, the City will combine the two existing County parking lots into one providing for an equal number of parking spaces as currently exists. The proposed design has been approved by Pinellas County staff. In addition, the Capitol Theatre Operating Agreement between Ruth Eckerd Hall, Inc. and the City of Clearwater, dated September 20, 2012, requires the City complete this project as part of that agreement. Creative Contractors, Inc. is performing the parking lot modifications under the Construction Manager at Risk contract in the amount of $242,682.59. Due to the critical timing and inter—mnnection of this project to the expansion of the theater, the project was sole sourced. The City Manager approved the Purchase Order so that the theater project could stay on schedule. Construction, Engineering and Inspection (CEI) services during the construction period will be completed by the City's Engineering Department, which includes regular on—site construaion inspections, engineering assistance with on—ste observations and interpretations, review of construction drawings, attending meetings, and responding to contractor questions. The contract period contains two phases. Phase one commenced on December 10, 2012, following the City Manager's approval of the construction contract and will be completed by January l 1, 2013. Phase two will commence following the completion of construction of the Capitol Theatre's exterior walls and will be completed in approximately three weeks thereafter. Improvements include a modified parking lot, which will be owned and maintained by Pinellas County and a portion of City right—of— way. The right—of—way will be located on County prperty within a Right of Way and Utilities Easement in favor of the City. Suf6cient budget and revenue are available in 0315-93623. During Construction, County employees will be allowed to use the City Hall parlcing lot. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: $242,682.59 Annual Operating Cost: $242,682.59 Total Cost: 2012 to 2013 No $242,682.59 Cover Memo Appropriation Code Amount Appropriation Comment 315-93623 $242,682.59 Item # 12 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Provide additional direction regarding a possible business lease contract between the City of Clearwater (City) and Community Dental Clinic, Inc. (CDC) to lease City property (still io be determined) for the purpose of operating a dental care clinic. (WSO) SUMMARY: On December 17, 2012, the Council directed staff to consider additional locations to accommodate a dental clinic. Speci�cally, space currently occupied by Jolley Trolley as well as private property sites in the Ft. Harrison corridor. Staff will present their findings verbally and seek further direction at the meeting. Review l) Of�ce of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Parks and Recreation 6) Office of Approval: Management and Budget 7) Legal 8) Clerk 9) Assistant City Manager 10) City Manager 11) Clerk Cover Memo Item # 13 Reid, Debbie From: Qunbar. Kevin E. Ser�t: Wednesday, Jan�.rary �2, 2Q13 2:�7 PM io: F2eid, L�ebbie 5ubject: FW: Reperrt an Community Dental Clinic dptions _ _ _ �rn�m: Steu�e H�Iler �maiito:SHellerC.�acmespange.ca�n] Sent� Wednesday, January 42, 2013 �.25 PM To: I�unbar, Ke�in E.; Lane, Ch�rles Cc: Fred Fisher; 'Bruce Litrin+�5tor�'; �7r. Pitts ;'�anet f�osenquist'; 'Jeannie Shapiro', I�athleen Siman; Rc�wland Milam; Wil�iam Layman, Gheryl Small S�bject: Re: Report on Cor�rrrunity Denta� Clir�ic �p�ior�s Dear K�vin and Chuck, Happy New Year to bnth c�# yo�r ��rd yaur families. 1 hope yau h�cl a wond�rful HQliday. I am totally ready to bring #hES topic to fruition and wou Id lik� to pra�ide the following input (with OW#ion 1 ac�dressed last}; CJntiun 2- 5hared snace with lcalle� TraF6ev T�e proposed Joily Tro�ley sit� is a large open spa�e wiinc ��n� I�rge restraam. Withaut brsrrging � professianal cantractor in °to view #he space, we are concerned about th� pat�ntsal remodeling costs associated with retrafitting this space €or aur s�eeds. 1. V�Je would need tca roUte water and sewer along the east wall to provide �ccess tr� the dental chairs. �. We woulct want ta punc}� tuva to t�ree �vindows into the e�st wall tc� provide natura� lighting for the operatories. 3. We wauld need to re-work the rest roam ta accamr�adate one ADA restraa�'a for patients and a smaller restroram for aur staff and �alunteers. 4. We wouic� n�ec! t� pa�'titi�on apes'atories, office spaee, lab space and a canference % L�reak area f�or our volunteers. 5. We w�uitt need to dp same cabinet work to partition off the reception a�'ea, �E. Ther� wo�fd �lso be potential eiectric�i wark �a ��ro�rie�e p�weM #or the c��Prator•iE�c. � m it+� estrr�r�at��i �t�ai w� h��u� a n7axiii�ur�� af a�pruxia7��a�ely ;�3O,+�itJU t��i�� tai� 5aiv�tion ,�� rny �rant �u Uvur� v��it}� a�t�r pu�hasing equipment tmain purposQ af their grantJ. It is highly questionable whether t�re abave listed rem�deling tr�uld be fir�f�ed w�thin tftis budget. Also, we are �ery concerned ahr�ut eniering ini� a"gaod neighbor" situation with the Jolly Trvlfey peaple after ihe concerns ihey haue disted in their Board response. �pti�n 3—The Citv #o purchase prapertv for lease �to CDG i ha�e had a subsequent eonv�ersation with Ghuck, as�d it is his feeiing we ha�� pretty mueh seen / eiiminateti aU c�f the pc�tential �ptions for pr�rchase along t�te Fort Harrisan, Myrtle, and Garden corridors. T�ere still exists the Qpporttanity ta reac� ar� agreernent with the awner of 701 Fort Harrisc��, but there is a su'�stan�i�l "gap" betwe�n the asking pric� and the fair market ��Eue of the property_..and �ro�ably what the City is willing to pay for the property. This aptian alsa probabdy r��aresents the most exp�nsive remodeling cc�sts to CDC, as there would need to be � lot of work ta make the empty l�undry mat side 4f the building into a functioning dcntal clinic. V"Je are also con�erned that this t�p�ipn will take the langest arnaur�t af tirs�e ta come to a deai, and thers ta remfldel, pushing our patential apening date toward the end �f 2�73 or the beg�nning of 2Q14. This time-frame wou9cf potentially cause Essuas wit'h the �alvation A�'my and their grant, and greatly prohibit our ability tn fund raise... a� most grants and donations are predicated on beir�g a functianing entwty, Option 1- Shared snace withr UPARC at the Lan� C�enter In ao�r mind, it is time to act on th4s aptior�, as w� have follaw�d and exhausted any and ali c�ptions regarding the City C�+un�il°s directian. The Long Center site will be the least ex�ensiue #o remt�del and rr�ake operatir�nai, as it was pre�iously a funet'soning dactc�rs offi�e with an ADA r�straom, !ab area ,plumhing in tw4 vf the four aperataries (additiarsal water and �r�cuum pumped sewer can be ad�fed alang the base boa�°ds or a6ove the svspended ceilingJ, existir�g reception and �ile are�, and existing str�rage �rea. I# is our estimate that the rempdeling anc# of equ�pment purchase for this site will easily stay within tl�e Sa%uatiQn Ar�i7y grant mar�ey. It shauld aiso be no�ed, that the 5al�ation Army Interagency C�aDperative Agreement identifies UPARC"s making the Lar�g Cer�#er stte available ta the CD�. It is also aur feeling th�t th� m�nima I t°cmodeling r'ieeds of this site will have #he CL�C aperatianal faster than arry o#her prr�pased la�atian... ho;�efully by the 3rd quarter of 2a�3. W� have aiso h�d a subsequent e€�nv�ers�t�on with EJPARC anci there exists the possibility of sorne additiorsal space being made avaiiable for a staff offi�e and brea9c area for aur valunteers ir} �n adjacent �art af the facility. We understand and agree wi#h the Cour�ei! t�at the La�g Center would be a'"tempar�ry" solutis�r�, but would argue that as a suk�cc�r�tractor to lJPARC, Inc. that we wt�uld fail irrtc� the tirrae frarraes o# their fease wit� the City. It wauld also k�e a�ar hope that as a subcontractc�r ta an e�isting lessee of thse City, we wauld nat need the modification of the lease to �ome befare a City Gaur�cil meeting. I will a6viausly leave'th�s up ta you and the �ity A�t�rney. We feel t�at ar�y arrd a!I of the potent3al objections regarding parkin� and s�curity car� be eas�ky overcame. We also eontend that this site minir�aizes th� issue of precedent, as there haue already been der7tal and family prattice operatiQns at the site. In shor�, we rseed to get on with our missian and wauld like to make the Long Center hor�ae ta th�e Carrrmunity [?entaf Clinic, Inc. It is rrEy hn�ae that we can start movin� in this directian Very so�n. 7k�ank yau arsd HappY New Year. 5t.�v� Heller � P��icfEt�t [._��i7��r7i�ty f�F�:��tz��1 t�Jir7kz It��c � W Fr�m: Chucic �ane s�,o'��ri�s.i�,r�e;�ui€s�yci��irw�ate6.cc�n�> Daie: Friday, December �$, 2012 17.:13 AM To: "KeVin.bunbar�mvCl�ar�va#er.coi�" �K�uin.L�unbar�7r�yClearwater,com> Cc: Steve Heller �she�ler[�acmesponge.com�, "Debra.aeidC�MvClearwater.com°' �Debra.Reid MyClearwater.cnr�� 5uk�ject: Rep�rt or� Ct�mrnunity Dental Clinic Qptians KeWin, At the 12�17 Wark Sessior�, Co�ncil pra�+i�ed staff �nrith direction in proce�ding to find an adequate site for the Cornmunity Dentai Clinic �CDC�. Co�nci� suggested inuestigating th�ee opt�o�s. Updates regarding each �rroposed optic�r� ar� summarixed belaw. Optha� 1- Sharetl �qace with LtPARC at the tangCenter 7,iis was suggested as a short term aqtinn (1 - 3 years} as severa} challenges were identified during the discussion. This aptian rrsay k�e considered if Optioi�s 2& 3 do not mater�alize. Q tivn 2- Shared s aee with �nlie Trolle + Jo11ey Trolley currently occ�pies the buildir�g �t 41(} Myrtie Ave �nder a I�ease with the City. Ar� amendment to the lease wouid need Cnuncitl appr�sval + A new lease t�a C�C wt�uld need Council appraval • C�C tourecl the site and indieatec� that the proposed space, with rnodificatia�s, wtauid fit its needs. • There is ad�q�at� space an�i adequate parking. However, lalle� Troliey Board Mem�ers expressed certain cancerns related tra "sharing" the space, � r�spanse tQ the praposal frc�m Jolley Trolley ss attached to t��s email. t}ntion 3— The GitY tra purchase proqertv fnr I�ase ta CaC Staff searched for property being actively marketed for sale rsorth af ciowntawr� on Ft. Harrison, Myrtke and Garden. Sui#a61e vptions r�v# requiring a s!ubstantial f�uild-out are Iimited. Whiie staff is still searching for potential acquisitior�s, on� prr�p�rty was identified as a desirak�9e location: 7C11 Fort Harrison located bn the SE c�rner af Fort Har�-isan Ave�t�e arsd Elc#ridge Street. Through prelimin�ry discussions with the owner, t�e askin� price is �337,QQ(]. Maricet value o� th@ praperty is approximat�9y $2t}0,�3[l�. The s�t� c�ntains twtr commerciai rental units. Qne unit is c�ccupi�c� and is operated as a c4nve�i@nce s#ore which has a long term lease with a rental rate that ac�elerate� o��r the I�ase term. Accarding tc� th+� rawn�r, tf�e lessee is currently a�rligated to pay $2,8[�Ci/manth. The second unit is vacant and, if acquired, woufid b� accupied by the CbC. The site is of partic�lar interest ta the CDC because the property is cvntiguc�us with prc��erty owned arsd Qperated by the Clearwater Free Clinie. The CDC and the Free Cl�nic have cammas� 6oard mernbers and consider this a� an opportur�ity to expand ti�e �raperty aWailabl� for cammunity serviees �t a s�rr�le location. The CDC and the �ree C3inie ha^�� sugg�st�d that there is potent�al for a partnership with th� City whereby the City may recc�up its in�+estment auer time. T�e CQC is requesting that Council aut#�orizes staff #o pursue this aption. Let me knQw if yau want ta discuss in rnore �detai! priar to the 1/14 Wark Sessior�. 7hanks, �f3Ll�{( r=r � � __.. _ ..._. __.__........__._..._ .............__.._ ..._ C.f"��:� �c�Il� f��1 E�tate Serv�ices+Gpordir�atmr Ef�go�7�erin� Departm�nt �727j562-4754 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve the renewal of the Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding, allowing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security, and authorize the appropriate officials to execute same. (consent) SUMMARY: Mutual aid agreements between law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines and providing operational assistance. The principal goal of this agreement is for the protection of Florida's public safety and security, and the successful prosecution of criminal violators who threaten to, or have actually endangered safety and security in Florida or elsewhere. This agreement joins agencies together to farm a task force with its principal operations within the Florida Department of Law Enforcement Tampa Bay operational region. The agencies joining the task force agree to utilize applicable state and federal laws to investigate and successfully prosecute criminal cases and to pursue appropriate civil actions against those involved in criminal acts that are related to terrarism. The task force will promote the responsible sharing of anti—terrorism intelligence and investigative nformation gathered in Florida with federal terrorism task forces as well as with state and local law enforcement. Each agency joining the task force may reqiiest and render law enforcement assistance to other agencies to include, but not necessarily be limited to, terrorist attacks, conspiracies or solicitations related to terrorism, terrorism prevention and intelligence efforts, terrorism�elated law enforcement emergencies, aircraft disasters, fires, and incidents requiring utilization of specialized units such as bomb disposal units or special weapons and tactics units. This agreement will enable the extension of jurisdictional authority of the participating agencies beyond the bounds of their employing agency as provided by the Florida Mutual Aid Act. Cover Memo This agreement shall be binding for a four-year period and will expire on December 31, 2016. Item # 14 Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: $ 0.00 Annual Operating Cost: Total Cost: to None $ 0.00 $ 0.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 14 � ".` �; 4M !-- _; i' `,� � �.��r�� i��'�� .��'� �'��i�,. ��,.�� I��3I� �I� �'C��U�i'iAR�' C:�l7R'��ATI��f �4.Tv� ��'�'��I�I�I., A��"I"A�� 1'vI�7TUA�, A�]l� ,�.��Ei�Ei�T �?�ih� 1.P'A�1►dt}`gVLl\��J4J1Yll V� 4.J1.`ifl9L'1\a791i�.�r1iJ11�� 1.7 �' d.��Ci� Tl�is Combinyd Vai�.aniary Caoperation and Qperatiart�l �ssistarce Nlutua� Aici A�reea��nt ar�d Meina�and�� ofL'nderstandin� is �i�t�red into My and k��twe�n :I1� ��flW � � su�scr:b�d tar�� enfor�en�.ent agenvie�, Fn furtherance of t�eir respe�ti�e �uties vncer law. � E I'�rt�es t[� th�s �gr�e�aent °� � Flari�a Depart��en: c�i� l.�a�� r farc�ment Hi:ls��xc�tz;h C��ty Sherif� s Jffi�:c: Pine::�s Count}� '�her�fi's C31�ce 1'oik C;n�k�±y Sheriff's E7f#fae Pasc�� C:c�untp S�:erif�'s Uf�'iae C��a~��ater P4tice I�e�artment �t. P�:�ersbur� I'ol:ee D�p�riment Tam�a P�iice I)e�artm�r�F l. A�'esignated ca�and �r supervisory-le�el r��res�ntati�e �f eacl� Paz-ty �isted �bave sh�li serve on t4�e fi�rrrp� B2y R�gionai T)omest�c Security Tasi� Fcrce Steer.n� Cornrz-�ittee. The 5t��ring Cc�mmittee shal! ha��e plenary super�risary authc�rity aver RDST� plar�ning aza� directia�. � ciesi�nated Sheriff or ��alice C�ief wi�l serve as clzair �f` t�e Steering Comnlit�ee, �ith the FDLE Rc:�ional Directar serv��n� as c;o- chair. Additinnal ��.rties may; at t�e rec�ue�t of FUL�� at�d with ehe appr�vAl uf tiae Stezr�;lg �ornnnittee. enter i1z±o tk�is g�z�ee�nent at a later date as evidcry�eei by+ t�eir si�iz�� af this Agreeme�t, Any ��.i-ty m��r cancel iCs pa�.�-tieipation in triis A�reem�nt up�n delivery of written natice csf canc�llatio�� o th� Flvrida 13epartanent a� Law �nfarcem�nt, P.�. Box 1�$�, Tallahassee, FI� 3Z3�2, Ia�t�r�t �t�te�n�r��, ��slc �c��e �c��s ��d �r+��v��r�s fcar ��aa��r� �o�p��-��aa� �� 3e ��ncierec� 1. Tl:e undersigne� agencies ha'�e }oined to�etl��r to farm � task farce �herein�fter refer?��c� t� �s the T�rrA�a Hay R��ional ]�qmestic 5ec�arity T�ask �'arce or "RDST�"}, �viti� �t� _;:�i�zcipal r�p�ratians vvithin ih� FDLE Ta�npa Bay c�peration�l re�ic�r.. 2, Frar �:urpases :�f tnis a�reernent, the terrns "terraris�n" and "terrorist" shall be �ons�*�aed cpnsis:ent y�+itY� the �Lfr��it'rvn set forih in 5ection 77530, �lorida Statu�es. 3. P"�rsa�ant ta S�ctior 943.(}312, Flc��ida Statutes, the dutres of th� RI)�'TF are tc� be perf�rmed in cDn}unction wiih FI�LE a.nd include, but are nc�t ]��xai#�d io: a. assisting F'DL� and the �k�i�. of Do�r:estsc Secnrity Tr�itia�ives xn the ca��tinued develc�pment ar�d im�plemei�t�tian of the statewide strate�y to address preparatiozx and r�sponse �f�arts by fed�ral, state, arad ]aca[ Iaw enfe�rcern�nf age�tcies, emer�ency ina.ita$e�nent ager,cies, fire and rescu� depar�ments, first-res�ander personnel �nd atl��, s in dealizag wi�h potentia� or �ctua� t�rrorist aGts within �r ai`f�ctin� Floriaa; b. serving in an adVisary c�pacity ta F�JL� �nd the Chi�f c�f Danrestic Security I�itiatiVes; � c. caord'anating �fforts to cauntex t�rxd�isrn anaot�g local, stafie, and Aed�ral resources � tt� er;sur� that such e�`fc�r[s ar� not fra�;mented or unr��c�ssarily duplicated; �k d. ��aor�in�.tin� Crainin� For I�c�l and state persannel ta co�anter ierrorisrrm; � a� e. ccrarc�in�t�r�g the coPlection az7d disseminatian of in�esti�a�irre ar�d intelli�;ez:ce �= ks� fDrmation; f. f�cilitatin� r��onses fo terrorist inciden*s wilhin or affecting the regioti; g. partieipatis�g in emergency re�nanse� to terrarist incidents; h. c�ndu�cting crirninal in�estsgat�c�ns of, ar re�ated ta, planned, susp�c,ed, a�t�mpteti or actual terr�rist inci�en:s ox attacks or st�li�;i�atiozl to carntnit such acts; i. identifying and seizing tenrorisfi-relatec� assets �l�ai are su�ject to forfe:ture; j. ��n�roving Fl�rida"s ab:lity to �etect �d prevent patenti�i tecrbrist thrvats; k. f€�ci;Etatin� and pror�otzn� an�c�ing s�GUrity audits and vtalnerability �ssessmeni� t� paetect critica( infrasCructures; l. a.rsistin� wDI.E in [ixe c:oordination af taw �z�f'na•c�merrt disaster response t�ams cd� r�i,:� .� r�t in res�o�s� to tcrrorist incid�n�.5; m, s;�ppor�in� ;he purcl:asc c� pr��er equiprnc:nt far pub�ic safety iarst-respt�nders �nd c�saster r��ponse tea�tas �rithin the I�ST�' region; n. improving Florida's respanse a.nd reco�+ery cap�i�iliiies in deaiing with pntent:al or r�.al terrarist incidents ar at�acks; o. p:�an�vtin� bet�er public av�rarWness o£ hc�w suspicic�us �nforniatiun ar incidents r�.ay be re�anrted ar�� h�w tc� respot�d shauld an emergectcy re�ated ta a tenrarist tilPeat d�VeIC}]J; iiild p. pramating and assurin� vvithiY. the RDS"CF regio�. the respot�si'�le su'�rrrsission af i�farmatian to, �nd �se �f, the Fl�rida Dam�stic Secueit�.� and Ccaunter-Terrar:st� Inteliigenc� �enter �d the Flprida I7omestic Security and Counter-Terror;sm I�atabase establis�xed ��itr;n the �'Iorida D�partn��n� of L�w Enforcexnent pz�rs�anf t�i Sectian 943.d3� t, rlari�a Statuies; �. ��•arking, in canjunc.fnn with F1�LE, the (Jffice e�f t�-,e Attcrney Gener�l, and other �°�uk�lic or pri��ate ei�tzti�s, ta ensure that h�te-dr's��en �cts against efhnic grqups that may kzave'�een targeted as a resu�t c�f acts af t�rrc�risrn in c�r atfectin� �'lorida are a�propria�ely inves:i�;�ted and respc�nded io. 4. T�e uz��'ersi�ned ag��cies, as the RDSTF, agree ta Zztilize a�plicable staf� an� federal la�vs ic inVesti�ate and s��cessfully prosecute cruninal cas�s and ta pursu� �pprapriate civil actians agairist thc�s� in�valve� in crin�i:�al acts tha; are, ar �e related ta, t�rr�rism zn or �therw;se ��`fectin�; Flaridz. 5. The subscri6ing :ar�r enforcement ��;encies are sc� lr�cate� �� relati�n to eacl� �the�r khat it is to the a�ivantage c�f eaclY to re�ei�re ar;d extend mutua] �id in the f�rm of law en�'ar�,em�rat ses�vic�s and r�sources :a a�e�uately respand ta: �. �c�ntz�ui��, rr�uiti-jur3sdic±ionai criminal aetiVity, scs as ta �rrateet ilze public �eaee and safety, and preserve t;.ze iiv;,s an� p.�perfy af the citi7ens; and, b. ir_tensiv� situations, including, but nr�t lirnited to, rna��inad� dasa�ters or �. em�r��n:.ies as defined under s�ctio�� 25z,34, Flarida StatufeC; � � Th� undersign�d a�;eneies 1�a�+e th� a�ti-�ority under part 1, Gha�ter �3, Flarida � St�tutes, "t�^,e Flc�rida �VIuC�tal Ai� Act," to enter i�ta a cc�nxbined ir�utual aid �= agreem�nt fcr iaw enFcrceineni servic� w�i: h p�rznits Voluntary coQperat:ox� atad assist�nc� of` a r�ut?ne Iaw en�orcei:xer,t natur� acz•oss _�u-isdict�oral lines ar,ci �r�vid�s for rendering �f assistance in a Ia«� anf�rcem:nt ernergei�.cy. �t is �he ar►tem� af' thas a�r�et�a�rat t� ��s�,re t�.e ea�taa�a��t� ��aa�cti�snir�� rf i�w �a�fa�e��se�a� in t��sa�s a��' etne��a�cies ar�d for rc�u4��a� �,�f€rr��rn�ni �az�te�ap��at�s� �r�� aas �.�s-e�¢�e�i �ra� in ar��s wrh�re �agor I��e� e�fnrccane�# effo��s �vne�k[� nt��t-r�ras� �e ti��aa��c� hy jua-i�c�xcigvr�a� b�r�°��rse 7. Tc� prov�cie �`o� �oia�ntar-y ea�pera��a��. eac� of the aforesakd law enf�rcem�nt agencies her�:�ay appro�e and enrer iz�tc t�is agre�r�nent vvh�reby each caf thc a�eneies i-nay request and rezz�.er ]aw �rzforc�rnent assista��ce t� the otY�e� in d�aling with an�f violations o: F�c�ida stat�tes prohioiiing �ctivitp t}��t cauPc� be cc�nsidered acts nf terr�riszn or �th�xtir�ise relat�� to ter.�ar-ism, to :nclude, Y�ut not lirrcited to, ii3vestigating t�zalations saf Sec:ions 7�O.I�S1 �:�,�wi ��;if. i6: s-790.165 relating tcs bomi�s, destructi�e deVices 2xad hoax'�ombs; Sec+.:an 74f�,1b6 "Pvls�nufacture, Passessic7n, SaI�, T]elivery, D�s��ay, L:se, or Attempted ar Thrcate�;ed U�e af a Weapo:� c�f I1�ass L�estructiqn or Haah 'J�',°apan o� 1'vfass 7est~�actic�n"; Seef�on $dfl.l6r "AgICTc3Ct �1T�G�+',,; �ectiuns 876.�2-876.31 "S�l�v��si�e ACti�rities I,�uj"; Secei�ns 876.37-$76.51 "F]arid� Sa�Qta�e Pr�ventian Law"; hnmzci�e; kidnap�i��; R.ICO; mc�ney ':aun�erin�; attempt; cans�airaGy; salicitation ar,d acc�ssc�ry af�er th� f�ct. 8. To ��-c�v�cie for og�era�i��aat a�sista�ee, eac�-a nf th� afaresaid Law enfc+rcement ag�ncies h�reby apprav� ar�d enter i�to this �greern�nt wh,ez-eby each af the a�;ei�ci�s may rec�uest ��d render laG�� e�fQrce:nent assistance ta tY�e other to include, but not necessa:ily be limited ta: terrorist attacks, canspiracies ar soiicit�tic�ns rcl�ted tra terrcr±szn, eontinuing ter'oris:n pre;rentican an� int�lligence effo�s, ferrUrism-r�lated law e�:f�rce:r�ent emergeircivs, aircr�.f`t disaste�s, fir�s, ar�[� kI]C1C��1�IS ,T�C�Ll1IiI7� 1lI113L$il�r! of speciali��d unit, such as bomb disposal r,�nits ar s�ecial w�apons az�d �c�CIiCS ��.3�3. 9. I'he F.DS`�F wi1l pra�n�te t.i� responsib�e sharrn� of anti-t�rrorism intelli�en�e ar�d investigative infi�rmation �;atnered in ilflrida with federal terrorism task frrc�s as r.�v�1t �s state and Icaca� Iaw ez�f`orcemellt. 1 Q. Th� RDSTF wili enccura�;e c�operatian with Fu�lic F�eaI#k�� componer.ts in Gambined erim=n�t a�d epid�einioiQgic�I in�vestigat:ons. 31. The RDST�' will participate ��ith ttie statewi�e, mraati-�gency ❑vcrsight board, con5isting of represent�.tives fratn FDLE, Fiorida Sheriffs, a�_d Flarida Pt�lic� Cr.iefs. 1?. 1�othing �;ereian shall atkier4��ise a�fnit the ability �f participa�ir�g RI�STF mem��:s to pr�v��e, as �ravid,°d �ry ar �Ilowed �ay lac��, sucF: ass:stance 3n ar:y enf�:rcement action �. as m��r be la�aful'.�� req�:es±e�:'ay �. ]aw enfrarceinent af�icer l:a�ving j��risdicti�r� c�v�r � � incident, crim� oz ma�ter izn.�ier �ansiceratiqn, n: as may �e autnnri�� by arky oth�r � law:u] agre�rnen#. in��17. ii�� :: �-ra�-�i�i��tting a�ency. � . � i 3. The 1'arties t� �his A�re�ment are cantri�utir�.g persc�nrae� and z�sources in s�ippa�t of the �STF �ffor�s, wiih t��e op�raticans of th� RDST�' be��; caard�i�ate� w�th F7LE and o�2�er 1�5TF �aembers. �rc��e��-� fc�r� ��qt��a�� nc� �►.�t��°��n�g ,��sis#�� 4fficers ass:gned ica RDSTF o�eratiar�s pursuant ta this agz�eement s�a�D be ernpaw�red ip render enfc�r:ement �ssistance �r:d take en�orcernent action in ac�nrdance u�ith th� i�� and t�� 1:erzx�s c�f this A,�r��ment. �xecutinn �f tl�is agree��ent and cUnti,°�ued particip�t�fln by FT}L� az�d c�� Ur mc�re �LD�TF tnernber �g�:�cies shaIl c�nstita�t� a gGnerai :eeipz-acal, �onti�uir� request iar and gra�iting af assistance between the mern�ers af fh� ta�k farc� tix?hich shall �e considerea a�tncsrize� in accoraance with the provi�i[a�zs of th:s A�re�n�ent, l�o as�diti�nal or specifc fox-maI rec�uest f�or assistanwe is requiree, .�u�°isdi�tia�, �c��a�a�d �r�d �aap��is�rry� ��s��as�ba�g� The principal site of l�5 S':� detivity slzall be ihe �DLE �te�ional Q�eratians {Center, lacate� at T�rnpa, Flo:�ida c�r a designat�d �:f-site lo�atia�. t�hen �n�ag�d i_� RDSTF apee-atior�s tha# ha�e heer� a�pro�r�d by �.he �loriaa Department of` L�w �nfarcer�zent, a�s crantezn�lated �ay fl�is 4;?r�ement, RT�STF men�bers t}aai do :�c�t Qther��ise hati�e juris��ctio:��] a�athortty sha�' enjay fu�l ,�ariseiicteana] autht�r��y anywhere in th� State of �'�c,�_..:��. ��lt;-ti��,.;gh prn�ip��ly f�cuseci i�+ithin the regipn, witYs fuli pa�ver t� enf�orce �'1Qrica l�ws and avail theinselves of tl�� pra��isions a�this A�reement. 2. T�.DS i� mer:�,�ers aperating outsic�e the �urisdic�ion of tlieir a�;et�cy sha11 not enjoy extr�-}tarisdic;tion�t autl�,ority as law enforcetnen± c�f�:cers �anless �nga�et� i� a�pr�a�sred �tD�TF activities as st�te,� i�ereiii. i'�e �'�rties to 8his Ag�eem��t a-ec�gni�� aat �r�y �X$�i1S1f1Ya 6� ,�LE!"iS�iC�IOBIaC �ilt�3QI"@�1 �}��'�Hl{'I ��&� �]fi4&H1�S m� {�A�iP EtTI�S�l�j'Prig a�ea�cy is bgf s�asnn o�' this �g�e�zmer�t :��c� tFs� nV�r��] s��e�-vi��n� and ��zt�amr�ty of th� F'ima°ida �[e��a��-tm�� off Law �r�foa°c��a��at �s prs��id�d �y �h� "�ira�id� �v'it�t�a,l ,4id ,�et.,` 3 o Pkrsuant ta 5ection 23.I �7( i}, �'Porida Sta[uCes, designated empl�y�es o� the urdersig�zed Ageitcies par#i�ip�ting ir the RD�T� slza�l, wh�r. e;�ga�iazg in autharized tr.utuaf caoperafic�n and assistax�ce pursuarlt to this Agr�ement, i�ave ihe s�t�re pawers, daties, ri�hts, privileges and im€�ZUnifies as if the emplo�ees ��ere p�rformin� duiies in�ide rh� jurisdictian in whieh t�-ie e�n�aloyee is norma�l�� eanpinyed and empc�wered. 4. Actie�i��es sh�€� %e ea�asic��re€� xut�o�a�ed ra�ly �v�nen �pg��-mved �neF diree#�d as pravi�ed f�erei�a b� am ��.� �.��'�' super�vis�sr or c�sr�nb��d t�es�graee. �� ex�en�ia�n �f j�r�i�sdiciian or ae�tha�ity is �;�arc�eai by #h�� recaaa�a�i �or B�s� �. enfarc�ra��at aGt�r��t�es ��€�:3�: ��y �re ��r�3r�o�ve�9 as pra��idec� her��a atad are � reflsfe+� �� i�3)�`�'�+ op�ratanns m�° �arre b�eas ��acsr�antered a�ia•ectl;y �ncic3erc# ip �n � a�ppr�v�d a�d sc��er�i�ed 'f��]�'�'�` opera�Bm�o. '�'he �l�sernce caf s��t �ae�°sa�ne] � �'roraa ��y ��`�'F op�a-�iirn d�ne �.ffider� �'he au#�acsr�#y of t�a�s Ag�eca�aent �wi�l �e�t; � ��aever, n��$t� tlae �c�r�vers arad aeatt�orgfy ��' those par�ac�p�ti�ng ira s�id ap�ro��d mga�ra#iara as pravid�d by t�is �g�r�r�a�aat. 5. If �t an�° time a�t �DLE su�etvisar, F��LE s�eczal a��nt designated as a su�exr�zsar �r cazn�::anc� desi�;r:ee dete�rnines that a� ex�t'a-terri�nrial RDS`I"�' aperat��n sha�,�ld Eae ternaxnatcd, s�id �perat'ron �;s to be �romptly terrnialated i�a a�nanner assurin� the s�f"ety ofal� inUCl°,�� law enf�rccmen� affic�rs. b. T�ze Fi]'�E RUSTF super�:sor(s) shall maintain documentatiat� that wil: d�monstrate #he daiIy in�alveinent afa�:thar:�ed pers�r.nel franz participa#in� agenc��s �s prc��ided �y the �'art:es ta lhis A��e�ran�nt as sucn �eml�ers are inv�lwed si ea�� RDS�'F c�pex�tian, incIudtn� �ach cperatir�n's sup�ervssor or designated �eaaer. No :nember af the RI3STF sha11 engage in RDSTF related aGti�ities t�at are n�t a�proved, a.re unreported or atnerwise unknawn 1:� the I=D�E RQS'I'�' strpervisor and whi�lz az•� not dc��;:rr�nt�.<i as pr�vided rr.�rein. lf a vonflict arises be:we�n an rrder or di-��tian pro�ided by the .RDSTF super�risar and a memner's e�i�pivying agency's rules, standards, or �a�icies, the cQnff-tcf sha13 be pz'anra�t:y reporter� !a the RU5 X�� sup�rvi�Qr, and to the �u��rior �n ti:-�at r-hember's a�ency �ha�in of comrnand. Th� RI]STF super�isor, izz cc�r,?unction with tl�e rner:-�b�r's agency superior, sY�al: attei�.znt tc resnlv� c�e �c�nflict in a manner that wi41 allow ih� RDSTF aperatir�n 4� cantinue �p�ropriately. �.t no tinxe ��+i11 a pariiii�ating me�nber be �or�ed Co �liolate hi��'her awn a.�ency's policies c�r :vles in crrcie� !;� eff�ct a RD5"`F' initiati��e. 8. Th� Steerirxg Cot�-�tn�ttee rnay, rwith the ap�roval oF FDLE, adopt writte�l at±achments ta tl�is A�r�erneiit t� establish particul�r �;uid�lines, pc��icies, nr �rocedu;es ta be utilized by merrabers of the RDSTF w�en enga�ed in RUST�' a�erations. In #1-�e abse:Fce o� �t�'itEen tr.emt�r�tldu:n �►f ur�d�rstanc�in�; r�r �ttachrn�r�ts th�t ix�.adify ar suppla�,t FDLE polic?es a�id �rescedures, tl�.e p��licies and pz�at;eciures to be utili�ed by RI�S"t'F menibers sha1l be appIicable �'L3�.E poIicies a.rfd procedures, and shall be clet.rly ldentified t� aIl particip�fin� RDSTF €�ffict:rs ar agents by th� Mana�in� FDLL Super�=isar in cqnsui�atio�� with the Steering Coirux�ittee. �-I�vae�re�, as state,d a�c:��°�., �c� RLiSTF x��rnber wil� b� expected or ret�uired to �iolate nr otherwise fais tc rr.aintair� the inember's emplayii�g agen�y's �tanc�ards �f co»du�t, rules or po�icies. After consuitatxon with the R,�ST�` comrnittee m�rr,bcrs, �I]L� zna}r re�u�st that a pa.rlicular sworn member ar sup�anrt pers�n af' .he RDSTF no It�n�er be a�lawed tc� p�rtici�ate in th� RT�S'1"F. �pon rec�iL�ing the reque�f, the �mplr�ying a�ency shalI promptly terrrrinate said rn�r�ber"s �articipaiior� in the RDSi�. C,'; oil �he r�e�uest af � p�rticipating agency fhat �. swarn ar support merrx�er of FD�,E na langer �articipate in the R.DS'I'F`, �'I7LE shail, if otherwise in �T�LE's best interest to da so, terminat� �. s�id m�mb�r's partic�patian in the R�75TF, With the �ppro�r�.l of l^DL�, a Party te � this ��;r�em�nt rnay ather-��ise add, substitutc, re�nstate, or replace any of its sivarn ar � supp�art. e�nplay�es partici�aCing in the RUSTF. � � i 0, R�� h i i�r� herein si�al� othe�wise Iim it the ji�risdicksan and �ourers narm�lky possesse� t�y� a�-� �mployee as a z�em�er of the emplc�ye�'s agency_ 11. The i�STF 5ieerii��; Cammitt�� will rneet as �cquireci. Tkze desigrtaied Fi�LE super�+;sar assi�r�ed :c� t�te itI]S�i'� will pr�ayit�� reviews ±� the Stee�ing +Coirsrnittee, as re�uired, repartin� �5'I'F indesti�ative a.�d int�lliger.ce �:a�tivity, coor�in�,iion c��' tr�in;n� and law erfQrces:tent c�isaster respanse tearr�s, m�natorin� c�f �usp�cted terr�rist graups t�x individuals, �ad ccaaadinati�an efforts with �ederal �ask fo:'c�s, The Stee�i�g Gc�tntnittee s�all periociical:y, at � rninirrauzt� q�arterly, :e��i�w the objecii�es and �cc�mplishr�aenfs of the [�.DSTF �nd issue directives and rec�ammend�izons acc�ra:n�,ly. I�. Each p�rticipatin� a�e�c� sh�ll ct�ntribuie persannel and resaurces tn the RUSTI= in sucl� nuxn�e�s as are agre�d to by the pa�-ticipatin�; a�er.cy ar�d tI:� I2.�S�'F 5teerin� Ct�rrlr�zittee. Paz'ticapatin� ageaieies sha.Il assigxa p�rsQnnel to ihe R1��T�' based upnr their i�vest�ga"iv� experiezace and the operafitinal ne�ds at` the RDST�. �'inai acce�:t�ce af personnel asszgr�.ed to tl�e RDST�` shAll rest v�it�� the R�ST�' Steering Comnxittee. The Sie�ring Comm:ttce ir►ay requzre pro�c�sed and acivally assi�ned persc�nziel to r;�eet rninimum Ysaekgr�und a�' other qt�alific�ti�ns as r.�cessarY- 13, fihe �'DLE Superv€sor sha�i be respansible far the �perat.icri�a� tar�lnaa�.id snd da�,.to- day a�rraznistration of al� RD�T�' ape�at�ons and personnc?, and shall ha�e the a�ath��ity to rnake rc�uti�ae 2�5Si�i',Ii7Et1T5 and deterrnine c�se �riarity, as nceded, �en�:n� peri�di� rev:ew a.��.d cartcurr��cc o1F the Steerin� Committ�e, The Steerin�; Cnrnmitte� may designate a cornman.d. stzvcture o#' interrnedaate supe��,!isc�rs that r��c�:-t �o the �DL� S€�per�isnr. 14. Duriz?� the absence of the d�si�nated FDL� 5u�er�:sar, or as deemed n�c�ssary by th� uesignated �'DLE Supervis4r, any znember assigned to the E�DS'�'�^ rnay b� se?ecte� as a Teazn �.ead�r to ma.lia�e nperational 1��]S`T'F inatters. P��v�ws, �a°��v�Il��, ��na��g�� os�� a�d �iabpli�-T��t�c� Iss��s Empl �y�es a:� �he participat:n� agencies, w��en act�ailv engagiil� is� rrtutuaI c�a�suratian �nd assistance ou�side u� lheir jurisdicfi�nal lir�tits but inside tl�iis siate, unde�• the tem�s c�f thzs �greernexit, sY�ali, pursuar�t to tlze prv�isions of secti�;n ?3.iz?{L}, Floricla Statr�l.t�5� �ave the san�e paw�rs; dut$es, ri�ht,�, pri�iieges and i�munities as if t�.e em�lc�yee w�s ,�erf�rrz�ing �uties i��side th� errYpl�ye�e's poiitical suadi�a'rsicn ir. which no�:r,�ally empl:��:cl. 2. ?�n a��ncy tl�at f�rnishes ec��i�merzt pursuaz�t i� �hfs agr�ement, Fn��udin�; but rsat ��n�it�r� tn agen�y-a�me� ar �ease� vchicles �nd rental vehicles, musi bear the cast of �. l�,ss t;,r �ama�� ta tk�at equipr.7ent and must pay ar.y exp�nse incurreu� in ;he �pera#ian � and zt��inten�c� a� what �quipment, � a� 3. '��'ach meml�ear a��ncy er;�agi:�g in the �STk' initiati�ss pursuarzt to tkais A�;reem�nt � �grees Ea assuzzle its ow€� liability a�d resp�nsi�bidiiy for tl�e aets, omissi4^, ar cont�uct af s�ch �'artv'� n��vn e�nploye� while such e�nplcye�� are engaged in RDSTF acfi�vitaesliniti�tz�v�s, at�d shaii .-��:ain responsible f�,r t�� c�mpensatit�r:, retsrerr�ent, �vqrkers co�npe�s�tion �.n�l ather bene#its accruin� to the �en�fit �f sai� participating e�npioyees, as fur�ther disc�asse:� �ie�ow. 4. ��cl� �'a.�`ty to this Agreem�nt agre�s ic� ftura�sh nec�ssary persannel, prop�:ri�, pt�lic.e eq��i�mei�t, �ve�a:cles, ar:d rescrurces in arder t:� effe�t the �u�aases of the RI]STF, and agre�s �o b�a.r f��e cost c�f la�s ar dama�e tc� it� equipment, veh�cies or property sa p�aviti��w; Prt��ri�.ed hnr��ever, thaC F'DLE will pr�r�id� funes as available for payznents to can�dentiai saurce� ar.d at�er relat�d ex�enses. F�LI� wit� pr�vicie ncede� of�ce sp�ce. Parties �nderstard an� .��::�. :l,..t t:,: � �,.i:': �:t�; �.Z,:� :e forthei.r ow� liability and '�e�_� �i:�°:;r ,��,._: wasfs with r��;ard tc� th�xr prcape:[y anci :esou.rc�s, or pers�n�7�1 ex�e ;ses incus�ed by� reason of death, ir•.jury ar incidents gi�ing rise ir� liabilaty. 5. Each ��;ency ft�rr�ishin� ser�ives �ursuant to tliis Agreemer�t shali compensate its errployees dur:n� t�-ie ti�� such services ar� rendere��, includi�n� �m�lay�e ovei-time, ai�s� 5ha11 d�fta.y ihe acts�tt� exp��ses �f its errsplcavees while they are rend�rir.g such ser��ccs, izxcludz��,� any a�noui�ts pai� ar due for cc�mpensatic�zz due ta �ersonal injzzry ar d�a#h rx+l�i�� su�� empipyees aze e«�aged in rendering such serrrices. 6. `�`itae �ri�iieges and irntrxu�ities from �iabiii�y, e��r:�tion frc�m laws, ardinances, artd r�zles, �nd aII pe�sion, it�stzranceS rel�ef, disa�iliCy, wor%ers' compensatiQn, salary (ir�cl�ding o�ertime cc�rnpensatian ar compensa.tai•}� tirne}, de�th ar�d atl��r henefits that �p�l;r tu #he activi�y af az� exnpioyee Q# an ag�ncy �vhen perfarmin� the empinyee's �u*.ies v�it�in t4�e territt�rial limi±s of the emplcyee's ag;ency sha;l appl� to �he ernpIayee ta t�e same degr�e, rrrkkanner, a�t� ext�ni while suc�~� e�nployee �.cis und�r khis !��reement. 7 `Tk:e prnvisians of thzs section s3:a�1 apply ��ith cqua� effect to paid, ��luz��;eez�, an� auxi'siary employe�s. $. Nrai�:in� herexr� shall pr�venc any° pa�l;icipating a�enc�� f`rarn re��aesting supplerciental apprapriatians frarn th� age��cy`s gav�rnin� autharity I:a�i�z� bu��etii�� juris�ictio� t� reiz�burs� an assistang ag�n�y for any a�tual costs or exper_�s�;s irscurred by rhe a�sis�in� a�cn�y p�rfarmin� ]aereunder. 9. Iwr"otl�in� in this agteem�ztC is ir�tended ar is to be cnnstru�d as any t-ansfer or cozstraciir.g awa� c�f the po°w�rs o= functians of ane party hereto to t�e athex. 10. Al1 parties #o this a�eement acknowledg� that the RDSTF' �as i�o in�e�encter�� , spending aufhorit� and k�as no ind�pent€en� authority ta require tl�e �xpenr�itu�'e af � funds of any parti�.ipatin,� ��ency, "I'h� RDSTF tz�ay recatnm�nd f�ncfing of speci�c � efiarts an� reque�t that fiunc�ing #z�zn 4�aric��.is sa�rees be dcdxcated �a RdS'TF efforts or � a� RDST�'-endarse�i prp�axrrs ar efft�rts, but it cannot urailat�rally cantract, �aled�e ar �= cther�°ise er�cun��r funds �f any entity, in�ludin� any �ui�ds o�` praceeds that may be rece�v�ci by reasar. of forfeit�re act3ans pursuec� by the R�JSTI' �gexicies �:y reason vf an �.L3ST�' investig�tian, ��s��c� ��d ��ec��-ds �. 'i`�e Fa:A-ti�s agree ±hat all �DSfi'F repoi-ts arid r�cards shall be maintain�d �yr FDL�, an� shali be ie��nt��:ed as R�ST�' re�orts. 2. r11I �Vi�enGe, i�lc�ading ourr�r�cy, seixed �ursuant to this Agreernent shall be taken i:zto �u�tody a.�d prnces�ed in suh�tantial ec�znpli�uice with �DT.E pt�lic;y relatin� te, th� hand.lin� of evir_ie�celcu.•renc��. All evidence seize� in ��JST� operatians shall l�e r:asntained br� FJ.��. u;xl�ss otherwis� agreed. 3. T�e ��arida ?�ep�s'trnent af La4v Enforcerner�t ma�� at a��y time order � re��ie�r and audit hy �`DLE's Inspeciar Cr�nerat's []f�c� of RUST'F op�ratinns wit� regard tn fhe sei�ure and handl::-ig of aIl e�ider�ce, prc�perty, or casn or any oth�r as�ect �� RDS'I'� oper�tions. �`he Par4ies a�re� ta cac►perate in any sach a�adiE by allawing �ull acGess :o tiocuments, persoiu:el ar�d facitit�es necessaxtir to p�rforr.: the auciii f,an�iion. �+��ap��.s�� rr��t �'�s� �+"��°s� �err��°s �. j�Vl�enev�r a coanplaint has b��n �oclged as a result c�f RX3STF ef�'drts, a designee af ti�e �`?n:�da Departrrtent af La�� E:i#�arcemenf sh<�1 as��rtain at a rr.inimum: a. Th� id�ntity(i�s) of the e�m�iainant{s} �nd at� acdress whete the ca��plainant�s) naay be contacteci; �, The natu�e ❑�the ct�nrt�lai��i any sr�pportin� ev.C�f'.T1CP. 4i' {�SC�:S �.S 1Tlrij� �?� a�r311��I�, incluaan,� the naxnes and addresses af wit3�esses t� t�ai which has been �o�nplazned a�out� �nd T"-�e i��niity{ies} ai the RDSTF participant(s) accused ati�i the empdayin�; agency(ies) af tt�� articipant(s} accused. �, f�DLE will p°orn�zty �rovide t� �ach affectec exnployiz��; agency the above inf�rrnation far adm.inistrati�� review aaiu appropr�ate handling ar dispasitian. �ac�i affec�ed e��ployin� agen�y shall, �.pon campletian c�f said r��iew, notify FL)LE ❑f its �ixc�in�s and ar:y aclions .aken. [��l��at��r� �� d�na�� 'i�� r�s��c�a�'s �ffa�� T�:e �rincipal �oal o� this RDS`I'F is ttz� pr�t�cti�n �f Flc�rida's pu�lic safe[y as�d s�curi:y, and the successf�a] prosecution af crirx�ina: vi�'atn*s wha �.hrea��n �c�, nr have �. actuaily �ndan�ere� sa%;t}� an� SeCE1PE�� in F'�rida ar e�se��here. S�:�Gess�ul � prosecuticn req�,�<�,�; clase coordinatia�a wif� prs�se�ut:r� a�tl�arities, bot:�r ir� tl�� state � and ��der�r �ourts. Menal�ers af th.e RDSTF ar� o�Iigated tr� caardinate �.h�ir efforts � �n su�h a vvay as t� suppor� th� �i�cie�rt pros�cE�tion c�� ca.ses, incluciing, but nQt � limite�, ta, prc�rnpt responses tU req;,�ests fi�orn prosecuta��s for ii�f�rmation ar assist�nce in handiin� R175'I'F �er.erat�d ca�e�, and reasanable avazlab:lity for �retr�al conferer.ces with prosecutors, discovery r��pt�sitic�r�s, , retr�aI i:e�.rings �nd f�-ial�, Civi� or ar�mxnistrat;ve actic�ns de�ived froxn RUS`�`F oper�t:ons ar� fikewise ta *cc�isfe c�ordirrated suppart ef�`oz-ts f.am RD4T� m�n�n�rs. RDS�'F sa��r�isors sha�l mnnit�r the effc�rts o� I�.DSTF mer.�bers in �u}aport �f c�iinina: prasecuti�ns and c;: �il actiu:�s. Such rnQn�taring sha[1 ar�cl�ad� re�ul�r contact with assi�;ned �rasacuta*s or atta�.eys �rurs�:ing actions oi�t ioeha�� of the I�DST_I ��n assure the �ex�ae;tec4 let�� af sup�c�rt from ItDSTF members is e�c�curring. F�.i1u;e �y a member pf thk ADST'F *o su,�. pc�rt s�ch effv�is on a routin� ar:� re�u4ar bdsis ��. Ihe manner se: f�rrt�: he:ein shall constitate graunds for terna�val �t-om th� iiUSTF. '�`erx� m�' A.�re�t�ent 1. This �.greemeni sha:I b�come �ff�ctive as to th� ex��ut:n� Pa:`ties u�on �x�cutic�n �y the Execaative I)irector Gf ti�e Flarr�a l�eparCr�ent o� Law Friaxcemeni a:�d ai I�asi ane ethe� pa��ticipat�n� ag�.ney. As eac� adciitit�a-�ai :�arty execat�s this Agre�r.��t, it s1�aI1 be ef�ectiv� as t� the nel�ly executing Pa��y. This .�.�reern�nt sk�a�I remaitt in fiali fcrrce as to a11 ��rkicipating Parties u�tzl Decer:7her 31, �0 i 6 unless cance�eri :�� vvt'iting by thv E:��au�ive IJirec�ar f�r the Fl�rida I]�pariment af Law Fn�orccn�ent, or; wit1: r��ar�i ta ar:y pariiciNatirtg Paa�y, as c�ztcel�e� in «ri`ing by R.�e Party as pz�o`vided �erc:n, If the Tamp� Bay R�7STF cont�nues s�per�.tian� after Deeet�i�er 31, 201�, «�hi:° see�ing a new ��,~re°ment, fhis �i�reeinenf sh�ll be auir�matically e�t�:nde� manth-'�y�-mor�th ur�til aIl par'.iGip�tir:� PurCie� have rat�fied � new writteia Agreeme�,t, not ±� �xtend �ast .1une 3C7, 2�17. 'T�has Agreer�rent rnay be �uplicatec� for dissen-i:nat:on. �'i;:plic�tes shall ha�,re the sa�xae fprce and �ffect as t�e ariginai. �. Thfs aga�eerraent ma�� be retx�wed, amenc��d, crr ext�nde�' only in writirg. b� �4''�`�```��5 V�V�€�F��', the �uthariced representa�ives of the ?a�:ies h�retra sign a� the �ate specified. ��mr�'s �cce�t�nce ai �9xe '� �n��aa �3�y Re�ioa�ai Yir�rn�st�� eco�ri#�• 'T�s�C �'�rc� ('�.Tl�'T�'j �orttbine�d �oT�n#a�y ��c��er�ti�r� �nt� �per�#�s��na� Adss�s��nce ?YIa�t�a� �S.id �gr�:��t�nf and Nleui�r��t�uari oi �I�derst��ar�g (�U�3-2U� 4) �'t�a� th,�nda �3e�a�tt}�ent �f �,�►� ��farce��ret: Gerald .�1.� �, E �ct�tiVe L7irectar ,� F�orida I)epart �7 0#� Law E forcetnent C �::°' �?at�: E� �� E a� � Parn'ts �cceptaace af the Tamp� �ay R.�gion�i Xlt�mestic Security Task'�`aree �R:[3ST�"] Coml�i�u�d'Vo�un�ary Cvape�-atsa� and ap�ra�an�1 Assistar�c� Mutual Aid A�r��m�nt an�d Nien�.arandrarx� oi Unc�ersfandin� {�01�-2016} Pursu�nt to F.S, 23.1225{3], this agreement snay be entered rnta by a sk�erif�`, a mayc�r nr chz�f exeGUtir�e afficer af a rnunicipaIity or county on b�half o�' a faw enfore�r��nt agency, if authorixed hy the govemin� Y�ody. of the munic�pality ar Gauaty. 8y si�ning b�low, an indicati�n caf su�h authorzxaTion is �ezn� madc. Any si�ratosy may t�tta�li t� tlxi� signature gage �.ny fii3rt�ter evidence pfautktorization yr�u rvish to rem�in on file at �DL� �.lorag with this si�natrare �aage. *�*��*��*��**�«�x��*��*ax��x�**��*��*��*�*��*��s��**�*�***�*�**�*��x� For the Clearw�f�r Palice �eq�r�ment � , � / _ �',� i�� r'. " +�-�` �'IfYifli�T ,�' i��011�d'�]I Cf�ief t�f Poli�e Cou�tersigned: Georg� CJ. Creteicc�s Mayc�r Approve�d as to f�arm: L` �� '� i� ��.��./�-f:��T . Rabert J.�`�ur�tte . Assisfa�t�'�ity Attarney CITY C3� G��RRINATER, Ff�C�R1aA : William B. Horn� Il Ci#y Il�anag�r Att�st: Ros�marie Calf Gity Gl+eric Date of Execufion � � � E a� a--� Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve an Option of Renewal Agreement to continue the Interlocal Agreement for Information Sharing that will permit the Clearwater Police Department and other participating law enforcement agencies within Pinellas County to share information and provide effective crirne analysis and crime prevention information for Pinellas County residents for an additional five—}�ar period, and authorize the appropriate officials to execute same. (consent) SUMMARY: Interlocal agreements among law enforcement agencies are authorized by Chapter 163, Florida Statutes, to provide services and facilities in a manner that will take into consideration geographic, economic, population, and other factars influencing the needs and development of local communities. Pinellas County, through its Department of Justice and Consumer Services, has developed a law enforcement data initiative to expand information sharing between agencies, which include data integration, secure networking, and over twenty analysis applications. The goal of this agreement is for operating agencies to use technologies that exist to bridge the gaps between different information systems. The County, through the Department of Justice and Consumer Services, agrees to act as the coordinator of an information sharing steering committee to facilitate both the input of and access to law enforcement data for use by participating law enforcement agencies to analyze and prevent criminal activity. Agencies shall participate in the Information Sharing Steering Committee, and must have a full decision—making authority member from thecommand staff level. Each agency shall retain all the rights of ownership to its agency data, irrespective of the inclusion of its data in the information sharing process. The Option of Renewal Agreement will be in effect from the date of execution, and shall remain in effect thereafter for five years. It may be renewed under the same terms for an additional five—year term upon mutual agreetrEnt of the parties. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: Other None Budget Adjustment: None $ 0.00 Annual Operating Cost: $ 0.00 Total Cost: $ 0.00 Cover Memo For Fiscal Year: to Item # 15 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk . . c�3�,,,� INTE1tLC]CAL AGREEME�T F[lR INF�RM�T�[)P�[ SHAI�II''�+G T�IS Il`�iTEi�LC)CAL AGREEMENT {hereinafter "Agreement"} is mad� and entered in�o this � day of � ,��}D6, by and between PINELLAS �QLTNTY, a p�litical subdir��sion af the State of Florida (hereina�ter "C[�LFNTY"), repres�nted by its Baasd of County Cvrnmissivr�ers, anc� the Pil`�1ELLAS C[�UI�TY SHERIFF'S ��'FI�:E, �he CITY UF � CLEARV►1AT�R P�I.IC� DEPART�'IENT, the CIT'Y (JF ST- PETERS£iLIR�G P+C)LICE � IIEPARi1vIEI'�T, the CITY C3F L�.FtGQ F�JLICE 17EPARTMENT, the CTTY C]F PINELL�.S � PARK Pf]LI�E DEPARTMENT, the CITY C3�' GULFI'�3RT P�JLICE �EPARTIvi�NT, the CITY aF TARPi]�1 SP�tINGS Pt]LICE DEPARTMEhiT, the CITY C]F S'T. PETE �EACH FOLICE DEPARTMENT, the CIT�' ��' TF�EASU'RE ISLANI� FOLICE DEPARTMEP�fT, the TaWN �C}F INDIA1tiF SH�RES PUL.ICE �EPARTMENT, the T�WT�i C7F K�;I'�NETH CITY P�LICE I3EPARTMENT, the T�Vw'N C}F gELLE�,IR. BEA�H POLI�E DEPAR.TMENT, and th� TaWN �F B�LLEAIR PC7LICE D�PARTMENT located in Pinellas Ct�unty, F�arida {hereinafter "A�"iENCIE�"} WITl�ESSETi-�: W�-iEREAS, the C.QUNT'Y �nd the AGEI�CIES recc��ize that sha.ring informati�n aGross law enfarcement jurisdictional boundaries v�'ithin Pinella� County is �ssential far effective crime artalysis and cr€rne prevent�c�n; WHEREA�, technc�lagies exist that can bridge the �a�s bet��een disparate infarmation S��LYr11lJ 5 iJ�'HEREAS, the CQUNTY, il�rou�h its Department of Justice and Con�umer Services, has de��eioped a law �nfarc�ment data initiati��e to expand informatinn sharin�; betweeza agencies which ineludes eiata inte�ratian, �ecure n�tw�or�in�, and nver twenty(?Q� analysis appli�ati�ns; W�iER�AS, #he Ct3UNTY, through its Departrnent of Justiae and Consumer Ser`vices, has tie�eit�ped a!aw en�vrcem�nt data i�i#ia#�ve #o expand i�formativn sharing betwe�en agenci�s which i�clud�s data integrat�ort, sectare net�vorking, �nd a�er lwen#y(2G] analysis a�plica#ions; V'VHEREAS, the COUNTY', through its Departrnent of Justi�e and Cansumer Servaces, as willing tv caarctit�ate inpu# and access tv data sharing, erime mapping, ar�:d � anatysis through �he �oaperative data initiative; � WHEREAS, agencies ir� agre�ment shall paRicipate in an infvrmation sharing a��i steering cc�nnr�itt�e wh�ch shall have adminisirative a�thority aVer the promulgatian flf this ag r�emen�; WHEREAS, the informativn shar'rng steering �ornmittee sF�all c�eate bylaws, procedures, ruf�s, and regulations as required for ��cient admini�#rat�ort o�f this agreement; WHEREA�, the CC)UNTY and AGENCIES agree thai a participation agreement is nec�ssary ta establ�sh the reiative respor+si�iliiies and obligations afi each party as tt� data sharing arrd aceess; ancf WHEREAS, bc�th the CC3Uh�TY a�d AG�NCIES h�ue the au#hority to enter into this Participa#ivn Agreement p�rsuant ta S+ectivn '��3_Q'1, Fiorida Siatutes. 1�C3W, THE�EFC]RE, in c�nsicieratian vf the r�utual cc�venants and agr�ements hereinafter cc�ntain�d, it is agreed �y and between the parties hereio as fallows: 1, Term of Agreement This Agreement shall be in effect #rom the date of ex�cution, and s�all remain in ef��ct thereaft�r fvr �ve(�� years. The agreement may be renewed under the � same terms f4r an additianal fiwre�5} year #�rrn upan the mutual agreernent of the parties. 2. S, c+��e A. The CC]UNTY, thro�gh the D�partm�ent of Justice and Consumer Services, agr��s tn act as the eoordinator of an in#o�mati+�n s�aring s#eering cc�mmitt�e fo fa�ilitat� batl� the irtput of anc3 access to law � enfar�ment data far r�se by par#icip�ting law entorcement agencies to � � ana}yze and preveni criminab actEVity. � B. Each AGENCY sF�al� retain all #he ri�hts vf Qwnership #o its AGENGY data, irrespect�ve o# the ir�ciusion of its data in the informatic�n sharing pracess. The AGENCIES agree that th�y are authorizing input Qf, and access to, its data for the sole purpose of extending the useftalness of the data by participating law enforcement ager�cies frr crame detection and �fev�ention #hro�rghout Pine�las County. +G. The G{7U�1TY and the AGENCIES agre� ta ti�e follawir�g: 1} infa�rmati4n sharir�g a� defin�ed far #his agr�emen# inc4uties a�l Ch 'i39 p�ak�lic record inforrrrati�n from vpen v� closed reparts, naR�t��es nc�t iden#ified as cloaked or dra�t form, FtRs, t�afFic crash, domestic injur�ct�on, traffic and park�ng citatic�ns, arrest a�davits, warrants. Th'rs definit�on in no way limits agency ability to �hare additivnal infcarmatian not id�.ntifred within this agre�ment. As nec�ssary for the effective execution of daity aperatiorts, the infa�matian sharir�g ste�ring cvmmi�tt�e may i�ientify adcfitivnal d�ta ekements #r� inclu�e for sharing. 2) Eack� �arty shail �articipat� in the �nformation Sharing �teer�ng Cammittee. Selected partieipants must have full decisior� making autharity, and wiii t�e frvrr� th� camm�nd staff level. 3) Each party shall abit�� by #he dec�sions and mandates of the s#eering co�nmittee. 3 4) Each parky agrees tt� b�ar its awn costs refated ta nvrmai daify vp�rativns such as recard managem�nt syskems, cvrnputer aide� dispatch, ag�ency camputer ne#wc�rks. 5) Each party agrees that it is subject ta and at�ii�afed to �v�nply with the requirements of Chapt�r 119, Fl�rida 5tatutes, Each parly shali ensure th�t any vf its da#a w#�'rch is deemeti ct�n�idential, exempt, ar �ivth frvm disclosure under Flvrida law shaf6 be pr�tected from una�atharizet� inspectian. � 3. Amendment �of #he Agreement � � This Agreement rt�ay be �m�nded anly by wr�tten agreeme�t by the parties. � � 4. Assignment I�a assignment af this Agr`eement sh�all be allowed withQUt the prior written permission r�f all parties ur�der executi€�n af this �Igr�een�ent. 5. Cancellation The parti+�s reserve the ri�ht to withdraw frvrrt this Agreement rnri#hvUt cause by gi�ing sixty ��{l} days priar na#ice in wrrting there�af, vr indiv�idually with cause if at any time a party fails ta fulf�f or abide by any vf the terms specified hrerain. Faiture vf a party tv comply wi�h any o� the material provisio�s of #his Agreement shafl be considered a materiaf breach of the Agreement and �hali be cause fiar immediate term�natic�n vf said party fram the Agr�emer�t. Gar�celkation by a party to agreement shall excl�t�e that party fr�m any participatian in �nformation sharFng steering camrnittee. 6. Fisc�! Non-Fundinq In thE event sufficient budgeted #unds are rtot avaifable fvr a party for a new fiscal period, the affected party s�all no#�fy the ste�ring committee of such occurrence 4 and thi� A�reemeni shall temninate as ta the affecied {�arty Qr� the �a�t day of tY�e t��n curr�:nt fscal peric�i of said party withQUt p�nalty or fi�rther expense. 7. Insurance The parties agree to m�i�#ain liability insurance t� the I'rmiis �s s�:t forth in F�c�rida 5taiute 768.28 or be selt insuret�. 8. Indemnification � T�e parti�:� agr�ee ta �r�demnify each n#her ta the e�ct�nt allow�d by law, ar�d each � party shall he res�c�nsib{e� for its own ac#s r�r 8missions, or k�rath, in the � per#ormanc�e af this Agreemen#. 9. Goverr�ir�� ,aw Tl�e laws vf the 5tate vf Flar�da shall gowern this Agre�men#, 1 D. Inde ender�t S#atus of #he Parti�s T�e parties agre� #�at neither is a�► a�ent, empioyee, partner, nor join# venture of th� c�ther. Each party acknvwledges that �t is responsi�le fvr campfytng wi#h all federal an�i state �aws and Iocai ord�nances. 11. 5e�era6ili#� The terms an� canditians af t#�e agreement shalf be �eemed to h� severahle. Cor�sequent�y, if any clause, term, a�r condition herea# shall k�e held to be illegal or vaid, such determirtat�vn shall nvt afiect th� �alidity Qr legality v� #he remaining terrns and cvnditions, and nc�twit�star�ding any such det�rmi�ation, this Agreement shali cvntint�e in fufl fQrce and e�Fect, �nless #he particular clause, terrn, vr cvndition helc� tv be ilkegal or vaid renders the balance of the Ag�eement imp�ssible tv perform. '��. Sovereign Immunifiv 5 The parties hereto agree that rto##�ing containeci �ereirt shaif i�r any way waive the s��vereign irnmun�ty �hat they en�oy presently ur�der the Cvnstitutivn and s�atutes ef the State af Flc�r�d� and partic�larky with respect ta C�ap#er 768, Flvrida Statutes. 13. +Contract Adrninistrativn � A. The cQr�tact per^son ft�r ihe CflI�NTY shall h�: � � The QirectQr o# Justice and Consumer Services � aepartment of Justire and Consumer Servic�s � 152�� R�rsevelt Bi►rd Suite �C]9 �learwater, Fior�d� 337fiU [727} 453-744 � B. The contact persan fr�r the AGENCY shall be the AGENCY Head or a member designated by th� AGENGY Head. �N WITNESS WHEREDF� the p�rties herein ha�e ex�uted #his Agreement as vf #F�e day and year first written abowe. 0 e ATTEST: KEN BURKE, ��ERK �.s;'�-�� ^� E-':`i.+� Fir . .i ( + ��•"' .�.: � . �\•' Qa�' . �n; r .� • . f ' �, ` F . � �E[3U'#]I ��fIL . .- - �----- , • � � � . . .. �S'�a1} ` E. � . . � ,, ..... .. �, APF�FQVE❑ A� TC7 FDRM: �� +�ffi�e n€ the �DUnt At#amey PlhiELL�P�S COUNTY, FL�RIDA, by and tt�rvugh its Bo�rd af Coun#y Comrr�issian�rs � 7 0 0 � � E a� � ►4�E51E: l�l�AS C�IJNTY SHERiFF'S �'3�FICE t J C�DATS, Sheriff � � � E a� � A�EST: �-:--• .� �-�-�--+.�.�-` : _ CI C�ERK APPRQV�D AS T� FC}RM , , � f i � _.,i,�l� ' . � , �. G6TY U�F CLEARWATER By: ..�.,a..--�' . Y By: '� G�ty Manager B � �� Law f rc�ment Agency Head � � E a� � +CITY �F ST. P�TERSSURG SIG�IAT'URE I'AGE T6e �aty a#' S� Pe#ersburg, Flaarida Attest: �y: t � _ By' � ��.,, P�iilt: R•�r �CJ �E+►�c �C " �r A7 E'V� ?�Cl{�U�j7T' - Trt��: J�� o�,� c�cy c�e�� Date: �v �% I�J� Apprnr�ed as to content: �� Ci#y Attvrney �I]e�i�nee) By: ,�'iiCHAF�f� B. ��A�G��Y Assistant City Attorney ID � � ��-�. v ,�, `= _ `- z: :' . a° �,+ � 3 :. _ � ___ �>. -, ~- - _�-� _ :a Appro�rec� as t� f��rm: C�ty Attorz�ey (Desi�nee} B`„ RfCHA�D B. 6A�]G��' Assistant �ity Attorney 0 ATTES7: = ��'�i� �i'':;��. ClTY QF LARGC7 e�: r nnay�r ey: r= �' �-'` - � �t � B - .r--- - � �.�� .�w Er�forcement At�ency Hea+� 1� ATTEST: CLER�C ��n� �. �orna, C�IC APPRQ�hIEa AS Tfl F�]RN'I City�Attarney �7a�es W. Den�ardt �ITY �F PIMELLAS PARK � B. IVI�}IOf �i.��iam �'. �M�.sctz�er �y: I�]I �� r Michael B. Gustafsan g ," ��,� �n Y: � l..aw Errfr��c�ment Agency Nead � E a� � �2 A7TEST: i �+G�cc.e�-c IT'1� �C�ERl� � APPRUVE � F�3RM `---� ; ''�i� City ,�1 o�`ney fi :� CITY tJF GULFPQ�T � �y: �n�*�-� �.. City anager . B�: ��...�. ;. � Enforc�mer�t A�ency Head � � � � ATTEST: �� `� � , ..1. � 't ' � i � � � . ` � . � � t P l �,�.�-Y-c.. [� pi�-�t�-�t.y.,.,,� �` C' Att�amey �4 C1T'Y �JF TARPQ�J SPRlNGS : I�i t�lty M��l�C��f ay� ��'�'�`�,��'� Law Er�far��ment Ager,cy Head � � � � � AT'd'EST: �� R� City Cl�rk 1S CIT� OF ST. PETE. BE�4CH By` t City I�anager By:� � a Law a�forr.� ent A�ency Head � � � E a� � ATTEST: #��J�� G�.�RK A�PPRDV�� AS fiO FC7RM �Ity Attvr�ey 16 G�TY U� TREASURE iSLA�JD ay; ,�'. 6v�ayar By: � City a ger �-�'y l!� 8]I: � . ' � La�nr Enfa�rcemer�t Age� y F�ead � E a� � ATTE�T: .I%L..� .: � .r !.�r. �� • - APFRC�VED A5 T�1 FQRM , �•�-�._ (� �-�-�-�o-� � �` wn Atto rn ey 17 TC7WfV C�F #f�QIA,f� SHURES �--- �y: Mayor By: ��ty anager By: Law Enfarcement Agency H d� � a� � ATTEST: ,. � , , .� � ��, _,. . .. . -�s .�_� . • • _ .*'-P,rf � T{�1Nf� OF KE�JNETH C�TY .�� ,� .� �I�'', = � .r-,•�� ..%: ..��.. _ � � By: �ity Manager ��'' �� / �, � � � �` : � . i_ :� r - �.- -_� �i � � � N � ATTEST: � � � T �! Ef�K TC3WN C�F BELLERIR BEACH By: Mayor �7 r� c'�' .� ra �7 19 � � � E a� � i y _ � .►._I � r ..�., ., , ,, ,_ ,/, i ��/�. .� �l�r � i :. :� � � - T(71NN Q� BELLEAI'R By: Mayc�r By; �� Gity Ma er � � By: � �aw Er�forcement Agency Head *� E a� � 2f} 0 Attachment number 2 \nPage 1 OPTION OF RENEWAL THIS OPTION OF RENEWAL, is made and entered into on this day of 2012, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," represented by its Board of County Commissioners, and the PINELLAS COUNTY SHERIFF'S OFFICE, the CITY OF CLEARWATER POLICE DEPARTMENT, the CITY OF ST. PETERSBURG POLICE DEPARTMENT, the CITY OF LARGO POLICE DEPARTMENT, the CITY OF PINELLAS PARK POLICE DEPARTMENT, the CITY OF GULFPORT POLICE DEPARTMENT, the CITY OF TARPON SPRINGS POLICE DEPARTMENT, the CITY OF ST. PETE BEACH POLICE DEPARTMENT, the CITY OF TREASURE ISLAND POLICE DEPARTMENT, the TOWN OF INDIAN SHORES POLICE DEPARTMENT, the TOWN OF KENNETH CITY POLICE DEPARTMENT, and the TOWN OF BELLEAIR POLICE DEPARTMENT located in Pinellas County, Florida (hereinafter "AGENCIES"). WITNESSETH: WHEREAS, the COUNTY and the AGENCIES recognize that sharing information across law enforcement jurisdictional boundaries within Pinellas County is essential for effective crime analysis and crime prevention; WHEREAS, technologies exist that can bridge the gaps between disparate information systems; WHEREAS, the COUNTY, through its Department of Justice and Consumer Services, has developed a law enforcement data initiative to expand information sharing between agencies which includes data integration, secure networking, and over twenty(20) analysis applications; WHEREAS, the COUNTY, through its Department of Justice and Consumer Services, is willing to coordinate input and access to data sharing, crime mapping, and analysis through the coaperative data initiative; WHEREAS, agencies in agreement shall participate in an information sharing steering committee which shall have administrative authority over the promulgation of this agreement; WHEREAS, the information sharing steering committee shall create bylaws, procedures, �ules, 1 Item # 15 Attachment number 2 \nPage 2 and regulations as required fa� efficiertt administration of this agreement; WHEREAS, tfi�e C4Ut�TY and AGEf�CIES �gree that a participation agreement is necessary ta estabGsh the relaiive responsibifities and ol�ligations of each party as to data sh�ring and access; and WHEREAS, both khe COUNiY and AGENCIES have the authority ta enter into t'�is Participatoon Agreement pursuant to Section '163.01, Florida Statutes. WHEREAS, khe parties now desire #o renew t'�e Contract. NOW THER�FORE, in consideration of the abave and mutual cc�venants contained herein, the parties agree as follows: 1. Pursuant ko section 1 of The Interlocal Agreement For Ir�formation Sharing, aftached hereto, the In#erl�cal Agreement is hereby renewed and effective beginning November 1, 20'�2 and continui�ng for fiv2 (5) years frorn that date �through Nowemb�r 1, 2Q�[7} unless terminated ar canceled as pravided th�rein. 2. Except as provided herein, all other terrns and conditions of the Interlocal Agreement shail remain the same and in full force and effect. CN WITNESS V1IHEREOF, the parties herein have executed this Agreem�nt as tif ti�e day and year noted above. (signataries) ATTEST: PINELLpS COUNTY, FL�RIDA, by and KEN SIJRKE, CLERK through its Baard of Caunty Commission�rs By: Depu�y Clerk [seal] APPROVED AS TC} FORM: ��% � �` C)ffice of the County Att� ney $Y= 2 Chairman Item # 15 ATTEST: PINELLAS COUNTY SHERIFF'S OFFICE Bob Gualtieri, Sheriff Attachment number 2 \nPage Item # 15 CounterSlgned: George N. Cre�ekc+s Mayor Approved as to form; � 4i Robert J urette Assistant City Attorney � Attachment number 2 \nPage 4 GlTY OF CLEARWATER, FLORID/� : 1Nilliam B. Harne II Gity Manager Attest: Rosemarie Call City Clerk � : i�n�hany 1 Law Enfo ay, Chief of Palice nt Agency Head Item # 15 � � # �a�l ATTEST: CITY CLERK CITY OF ST. PETERSBURG By: Mayor APPROVED AS TO FORM By: By: City Attorney 5 a6edu� Z aaquanu �uawy�e��y City Manager Law Enforcement Agency Head � � # �a�l ATTEST: CITY OF LARGO By: CITY CLERK Mayor APPROVED AS TO FORM By: City Manager City Attorney a6edu� z �aqwnu �uauay�e��y By: Law Enforcement Agency Head 5 � # �a�l I_��i�� CITY CLERK APPROVED AS TO FORM City Attorney � a6edu� Z aaquanu �uauay�e��y CIN OF PINELLAS PARK By: Mayor By: City Manager By: Law Enforcement Agency Head 5 � # �a�l ATTEST: �y�.-�y��:�.� CITY OF GULFPORT By: Mayor APPROVED AS TO FORM By: By: City Attorney 8 g a6edu� Z aaquanu �uauay�e��y City Manager Law Enforcement Agency Head 5 � # �a�l ATTEST: CITY CLERK CITY OF TARPON SPRINGS By: Mayor APPROVED AS TO FORM By: By: City Attorney a6edu� Z �aquanu �uauay�e��y City Manager Law Enforcement Agency Head � � # �a�l ATTEST: CITY CLERK CITY OF ST. PETE BEACH By: APPROVED AS TO FORM By: Ciry Attorney i� a6edu� z aaqwnu �uauay�e}�y Mayor City Manager By: Law Enforcement Agency Head 10 ' � � # �a�l . ATTEST: : . CITY CLERK '� APPROVED AS TO FORM � r'��:, . � City Attomey ��t: . � . �.�,; m � a6edu� Z aaquanu }uauay�e}�y CITY OF TREASURE ISLAND By: Mayor By: City Manager ay: Law Enforcement Agency Head 11 ATTEST: TOWN CLERK TOWM OF INDIAN SHORES By: APPROVED AS TO FORM By: Mayor City Manager By: Town Attomey Law Enforcement Agency Head 12 Attachment number 2 \nPage Item # 15 5 � # �a�l ATTEST: TOWN CLERK TOWN OF KENNETH CITY By: Mayor APPROVED AS TO FORM By: Town Attorney ; � a6edu� Z aaquanu �uauay�e��y City Manager By: Law Enforcement Agency Head 13 ATTEST: TOWN CLERK TOWN OF BELLEAIR By: Mayor APPROVED AS TO FORM By: Town Attorney By: 14 City Manager Law Enforcement Agency Head Attachment number 2 \nPage 1� Item # 15 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve the Pinellas County Combined Voluntary Cooperation Agreement and Operational Assistance Agreement for law enforcement services for the period February 1, 2013 through January 31, 2017 and authorize the appropriate officials to execute same. (consent) SUMMARY: Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines by and between such agencies to such lawful activities and to enter into an operational assistance agreement whereby each agency may request and render law enforcement assistance to the other law enfarcement agencies during emergencies under s.252.34, Florida Statutes. This agreement incorporates into one Mutual Aid Agreement a Voluntary Cooperation Agreement concerning routine law enfarcement matters and an Operational Assistance Agreement to use during emergencies, as well as provisions for interjurisdictional traffic investigation and enforcement, school resource officers and marine violations. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: $ 0.00 Annual Operating Cost: Total Cost: to None $ 0.00 $ 0.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) City Manager 6) Clerk Cover Memo Item # 16 C�UNTY CQMBINED MUT�fAL AfD AGREEMENT TH15 AGREE�11[�hlT is r�+ade and entered i�t� by and between tf�e undersig�ed ��w enfc�rcerrtent agencies in Pir�e9las Cou�ity, Florida, (ager�cy� and the �herif� �f Pir�ellas Caunty, �larida �h�reinafter a�so referrec� to individualky as a"°ccaoperati�rg agency"� and by and �Et�reen th� und�rsign�� Iaw enforcernent agencies and #�e Pin�lla� County School Board, tc� address vpfunt�ry coaper�tior�, emergency ap�rational assistan�e, and �ra�fic er��orcernent ar crash investigatian on cc�ntiguou� ways. co � WlTNESSETH: � E INHEREAS, Part I, Chapter 23 nf the Flar€da Sta�tutes, the "Flarida Mut�al A�d �' Act", author�zes iavu enf�rcement agencies ta enter inta agreements for vol�r�iary caoperatian and assistance af a rQU#ine faw enfarcement �ature across jurisdi�#ianal lin�s l�y �nd betw�:en suc�r ager�cies, to s�cf� unl�wful activit�es a�d tc� er�#er irrto an operati�nal assistanc� agr��mer�i whereby each age�cy rr�ay request an� render law enfqrcemer�t assistan�e to the c�ti�er lavu �n�arc�m�n# agencies durir�g �mergencies under s. 252.34, �farida Statutes; and WHEREAS, �he r�nd�rsig�e�f law enforcement ageneies and she�i� recogr�ize that an increasing number of crfrr�inals are oper�ting across j��isdictional lines and that there is a need �or a continuing multa�jurisdi�ctional response tc� such uniawful actiWitie�s; and WHEREAS, ��e undersigned I�v�r en�arcemeni a�encies and sheriff d�sire to secure th�; benefi�s c�f st�ch rnutual a6d far th�ir r�spectiv� jurisdict�ans; and VUHEREAS, �h� ur�dersign�d law e�forcement �gencies and �heriff recagnize that there is a need for a cantinuirrg r��ult�-jurisdictional r�spr�ns� to perstins wh4 are �nvolved in �raffic acci�fents an or w�a are ap�rating Wehicles in viofat�an of traffic laws ar� str�ets, raads, �r ather tra��led ways, inclu�in� the rigf�t-c�f-way thereof, tha� �re acfjacent to or th�t fc�rm the baun�dary between m�nicipalities r�r betwe�n � munici�ali�y and an unir�cvrporated pQr#ic�n of Pinefla� Caunty; and W HEREAS, the undersigned law enfarcem�nt agencies and sh�� et�rm�ne that i# is in the best interest af the health, safety and welfare of the c�tizens of the municipa[ities and of the citizens of Pinellas Cc�unty ko enter into a Voluntary Ce�operati�n Agre�m�nt and Qperati�nal Assist�nce Agreemen�; and WHEREAS, �10fl�.12(2}(d), �iorida 5#atutes, authorizes a distr�ct schoof board to �nter inta rnutual aid agreements wi#h 4ne ar mor� law enforcem�nt agencies as prouide� in Chapter 23, Flarida Statutes; NCJW, THEREFOf�E, in cons�deration c�f the m+utu�l covenants expressed here�n ar�d f�r pther gc��d a�d valuable cor�sid�ratic�n, re��ipt af which is hereby acknDwlec��d, the parties hereta a�ree as fallows: F'r�visiar�s far Valunfa Caa eration Each �f the undersign�d law enfc�rcernerrt agerac�es here'�y apprc�u� and enter into this Agreement authari�ing �acf� af th� caop�ra�i�rg ag�ncies tr� request �aw enfQrcem�nt assistance frc�m and tc� render law enfQrcem�ent as�istance fo th� c�th�r in d�aling with a�y viQMatior�s of F�arida 5tatutes, tc� � � inciu�e, �ut r�flt r�ecess�rily b� lim�t�d ta, inv�stigating hornicides, s�x � o�f�ns�s, robberies, assau�ts, burglaries, larcenies, qambling, motc�r � vehicl� thefts, dr�� vi�latians pursuant �� Chapier 8�3, Florida S�atutes � and backu� serv�c�s during patral act�vit�es, and inter-agency task forces andfor j�aint in�es#�ga#ions. II. Routine Law Enforcemer�t Matters Ar�y party ta this ag�eement may re�uest the valuntary assis�anc� and �aap�ration of ar�y other party tc� this agreement relating to rr�utine law en�c�rcement matters �nvc�lving mo�e than one juriscfiction. III. in-Prapress Crime Assistance A. Wheneve� � law �nforc�ment offic�r fr�m r�r�� ju�isdicfion views a felony or a misderneanor �nvolving a breach af the peac� +occl�rring in the jurisdi�tic�n of anc�th�r coap�rating agency, the �aw enfarcemer�t v#f��er rnay physicafly arres� the perpetratar and pr�serv� the crime sc�e��re. T�e af�icer shall imme�iately notify the coaperating ag�ncy of the ��urisdicttlor� �n wf�ic� the incider�t c�ccurred. Cor�trol of 3�otf� the persons appreh�:nd�;d and th� crime scen�e will be relinquished to the first available �fficer from the j�risdiction in which khe inGident occurred. If that jurisdictian ad�rises th�t they d�ciir�e t� dispatch an afficer ta th� sc�ne, th� afficer on the scene sh�ll complete the in�es�igatic�n, is�u� any and all necessary citatians ar naiice5 tea appear c�r effec� an arrest, cvllect a�d preserve evidence, tak� custady �f any contraband article as defined in Section 932.7�1(2), Florida S�atutes, a�dlc�r take such a�tion as is necessary �nd apprupriat� ta protect �he health and safety of the public as such may b� appr�pr�ate to the �articular ci�cumstanc�s. The �u�isdictiflr� taking lauv enforcement actifln s�alf, at the conclusian vf tf�e inv�stigati�n, natify #he jurisd�ctian �n whici� the incident occurred of fhe 1aw �nfc�rcement acti�n faken. Whenever rem�ining at the scene � �xposes ei�her the c,fficer ar �he su�ject ta �mminent phy�ical danger, the subject and any physical evidenc� or contrai�and article may be transpc�rted ar c�ti�erwise relacaied ir� �'CCC}fd�CtCB wif#� narrnal procedure. B. Afl fir�es shall aCCrue to the mur�i�ipality or un3nco�porated area where th� r�ff�ns� c�ccurred. ln ord�r to facilitate th� praper disp�sitic�n af fines„ each ticket ►rvritten by rnunicipal officers shall indicate the name af the city ira wi�ich the infractian occurred ar, if the �rrcident occurred in fh� unincorpQrated area �f the cDUnty, the ticke� sh�uld nc�te that clearly �n th� face th�reof. � � The prnceeds of any fc�rFeiture act�on arisi�q c�ut of any law E enforcemertt d�seri��d in abave shal� be sh�red equally �etvu�en the �' agency ta�in� the �avu enforcerrrent actian and the ag��cy having arigir�aP jurisdi��ion. !V. Voluntary Investigat�an C7n-du#y afficers frc�m ane jurasdict��n rnay c�nduct investigations ir�to criminal activity that accu�s in their ��isdic#€on and make arrests reiated tc� those in�es�iga#ions ir� �ny of t��e undersigned jurisr�ictians. If �nforcement activn is anticipated, the loc�+�ian and na#ure o� the inves€igatior� will E�e reported to th� agen�y's on-duty camrnunica#ion liaison pers�n c�f the �uri:�d�ction where t4�e s��spect is located. V. Traff�c Cc�niral Assistance Whenever a t�affiic accident involving suspected injuries �f a seriaus na#��e is re�c�rt�d tca t�e jurisdictic�r� in which the ac��d�r�t oc�urred and that law enfc�rcement ager�cy is unabfe to �ra�ide the immediat� res�c�nse necessary ta rende� aid ta th€� injured or prever�t f�rther in;ury, a �c�oper�ting agency m�y be cQntacted for assis�ance. The cac��erative effort shafl be restricted to nec�ssary first aid and traf�ic directian, except in those situations speci�ied i�r Sectian VII of this A�reement. VI. Hazardous Traffic Gflnr�itions Assistance Where an automat�d traffiic contr4l c�evcce fc�eat�d ir� fhe jurisdictio� a� a cc�operating �c,�. ��cy ha$ ma�fur�ctianed and such malfunctic�n pases a 4�az�rd to vehi�c�rlar or p�destrian tra�Fic, an Qn-d�ty, unifarmed, offi�er o� another caaperatir�g agency rnay immedia�ely c+�mmen�e �Q divert c�r direct trafFic or �a4�e such other ac�ian as is r�asana�ly r�ecessary to reduce �he hazard t� the traveling p�b�ic. 5uch �fficer shafl immedia�ely � notify the ac�er�cy in whase jurisdictivn #he device is lacated af the malfu�ct�on ar�d the action being t�ken. lJ�or� arrival of an c�fficer fram the agency with �ari�inai jur�sdiction, the caoperating afficer shall relinqui�h cantrol c�f the area. VI1. Traffie Accid�r�t Investigations and �En#c�rcemen�.._af TrafFic Laws on Cantigu�us Wav� � � R,. W�e�r a trafFic accic€er�t oc�urs nn a�c�ntiguous way, a unifarmed, on- duty ofFic�r frc�rri the �dja�ent mun�ci�ality may commence ne�es�ary fi�st aid and traffi� cc�ntrol. Th� o'�ic�r an fh�e sccne shall contact the �O jurisdictian in which the ac��dent ❑�ccurre�. Ef that jurisdiction decfines � #o distaatch �n r�ffic�r tr� #he sr�n�; tF�? nfFic�r c?r? th� �r_.€�n� �hall � prQCeed t� wark the accident, ta issue any and a�l necessary �= citations, notices to appear ar to �ffect arrests; collect ar�d pr�s�:nre evicfence, tak� cus�ody of any cantraband articl� as defined in §93��7D1 t2}, Flrrida �tat�tes, an�{oc tfl take such act�on �s is necessary and ap�Or€�priate tc� prot��t the h€��Ith and safety of the pubfic as such may be appropriate #� the par�icufar c�rcumstances. Th� jurisdiction ta4�ing law en�orc�m�n� actian shall, at tf�� conclusian of the even#, nc�tify the jurisdiction €n which t�e event �ccurred of the fiaw enforcement action take�. B. 1Nhen a unifflrmed, on-duty, officer of a participaiirtg age�cy Qbs��e� a traff�c infiraction occ�rring �n a con�ig�ous way, st�ch off4cer may take appropriate actic�n to er�fcrr�e t�te trafFi� laws of th� st�te and issue aray �nd �fl necessa�y c3ta��ons, notices to appea� �r to efiFect ar�ests; collect ar€d preserve ev�d�nc�, take custody tif any c€�ntraban� a�ticl� as defined in �932.7D1 {2}, Florida Sta#�,tes, andlor to take such action as �s necessary and apprapr�ate to pratect the health and safety af �he pu�lie as such rnay be apprc�priate to the p�rticular circumstances. Such offi�er shall prc�m�tly notify the jurisdiction in wh%ch the violation occurred c�f the incid�nt an� the action taf�en. C. Dn-duty lawv enforcement Off�cers �af participatir�g ag��7cies enfarcinc� trafFic laws an� condu�cting traffic ac�i�errt invest€c�ations �ursuant to tf�is sectior� sl�all be un�er the directic�n and authority of the corr�r�anding officer� r�f their er��IQying �gency. D. A�I f�nes shalf accrue to the municipality or ur�incorpc�rated area where tihe �ffer�s� c�c�u�red. I� order #o �acilitate the �roper dis�osi#ion Qf fines, eac� ticket written by mur�icipa� of�icers s'hal! indicate the narne �f the city in whi�h th� �nfractian occurred, car, if the incident c�ccurred 0 in the unincarpc�rated area of the c�c�nty, the ticket �hauld note that clearly on €he f�ce th�reof. E. ihe proceeds of arry forf�iture action arisi�g o�ut ofi any law enfor�ement actian descril�ed in Para�raph� A and B above shall f�e shared �qually between th� a��ncy tal�ing tt�e I�w er��rc�men# actir�n anci the agency havir�g ariginal jurisdiction. F. "Gontig�o�s w�y" in this secti�on mean� those streets, roads, or ot�er traveled ways, irrcluding the right-c�f-way there�f, that ar� adjacent to or that form the bo�ndary i�etween rr�unicipal�ties ar betw�en a� munic�pality anc� arr unincorpc�rated por#ion Qf P{nellas County. � E G. The terms set �ut in t�is �ect��n sha#I cor�stitute �he proc�dur�s far �' requesting and fi�r a��tharazing assist�nce. No forma� request ar autf�arizati��, �xcept as set fort� in t�is section, shail be nec:essary to impPement the tr�fiic ��cid�nt investig�ti�ns �nd enforcement �f trafFic laws c�n cc��rtiguous ways. VIII. Int�r-A�ency Joint Task F�rces A. ��w �nforc�ment ❑fficers assigned to jaint task farce operations pursuant �o this Agreernent may �nfiorce a�l state faws whi�e engag�� in �he �oint task force opera#ian and sf�a�l take enforcement actian in acc�ardance with iaw, including but nat limited ta, tal�ir�g custody o� any af��:nd�r, evider�ce, �r cantraband art�cfe as defined in Section 932.7�1(2), Florida Statutes, and cornpl�eting apprbprsat� �t�cum�r�tation. B. Law enfarcemer�t a�ficers assigned t� j�int tas� force opera#ica��s pursuar�t tc� this Ag�e�ment s�all be uncfer the su�ervision af those indivi�i�als specified in the �oint-tas�C foree r�erationa! pEar� appro�ed by t�� cc�o�erating ager�c�es participating in the joir�t task fo�ce. !X. Schaol �esou��e �fficers Any participa#�ng �ur�sd�ctic�r� w�ich has a cc�ntract with th� Scho�l Bc�ard of Pinellas �a�nty �h�reinafter referred ta as "Bc�ard"} t� prnv�i�e Schoof Resou�ce 4fficers �hereinafter referred to as "SR(�'") to schoals within sueh j�risdicti�n m�y perrnit i�� Sf�O ta accvmpany a schoa! graup, arganizatic�n, nr team t� an authoriz�d extracurricular furr�tion, event ar act�v�fy held �at another Pir�ella� scYtc�ol campus �r leased venue, at the request c�f the Baard or the principal af the schac�l assigned #c� th� SRC�, 5 While so �ngagee�, the �RC] wilf have th� same Iaw enfr�rcement authc�rity as thaugh ar� his or f�en c��me campus. Notwithstanding any afher pr�vis��ns in �his Agreem�nt, compensatican for the�e services w�ll be as autlined in th� �ontrac� between the Board and the participa#ing j�arisdicti�n. X. Marin� lliolations Municipal law enfc�rc�ment vfFi�ers of cfloperatir�g agencies may enfarce a!I state k�aating and marine fis4�ery �aws and county k�aat�ng ordir�ances on �h� waterways af anather coo�erating agency as lor�g as such �O vialatior�s occur on waterways cc�nt�guous to and in view €�f th� jur�sdictian � of tt�� offic�r's emnEovinr� aaenc:v. fn fih� c�as� of a f�lr�n;� nr �� misd�rneanor involving a bre�c� af peac�, corrtrol af the p�rsan�s) ±' apprehende� and th� crime scene w�ll be relinquished to the firsi available o'��c�r frarn the ju�isd�ctian �n whicf� �h� in�ident accurs. Ca�es invc�luing on�y a m�r�ar violatic�n rnay be conc1ude�1 at t�e scen� �y th� issuance of a E3�at6ng Gitatinn �rr hlat�ce tc� Rppe�r. Xf. Law Enforcem��rt Ernerqenc�e� A. Each of the caoperating agencies may reqr�est law enfarcement assistance frcam and render law enforcement assistance to �hs other cat�perating agencies in a law enfarceme�t emergency, includir�g k�ut n�t fimited to: 1. Civi� affray �r�d disobedi�nce, disturbances, ric�#s, large prc�test �lemQnstration� c�r �ontroversia! trials. 2. �Any r�atura! or man-mae�� disaster. �. �!'?vlC�f�'�"!t� �h+hich req��re !'�S�'L�a C?�`�'rv?t!.^.�3� wn'�! v`r'��4rr�l unr„�1 ±�r�f#l�r, control measures such as activities related �Q large-scale evacuatians, aircraft and ship disas��rs, f�res, explasions, gas line lea�s, radiolagFCal incidents, train wrecks �nd derailments, �hemicaf �nd hazardous waste spi{Is, and major electrical p�wer f�ilures. 4. Terrorist a�tivities in�lud�ng acts of sak�otage. 5. Esca�es from and distur�ar��es wi#�in a�y loc�� or s�ate �etentian facilities. 6. Hastage and k�arricadec! subjecf sitc�ations. 0 7. Incid�n�s requiring util%�atio� c�f specialized ur�its, e.g., ur�derwater recov�ry; ai�craf�; r�rdnance disposal, crisis rr�anagerrient, and emerg�ncy �esp�nse team�. B. A law enforcement em�rgency is any situation w�ti�h ex�eeeds the �apability of the �acal agency tc� caunteract efFe�tively. C. lJp�ar� �equest ^�or a�sist�nce t� the cf�i�f af polic� c�r hislher designee or the sherif� or hislher desigrree, th� law e�farcem�nt pers�nnel a�d e�uipment r�f the coaperating law enforcemerat ager�cy shall �a� � disp�tch�d tca the iocativ� wifhin the sp�cified requ�st. � E D. FI request for �ssistan�ce mad� under this Sec�44n shall specify the �' n�tmber of person�el anci type and amount c�f ec{uipment ne�d�d, tfi�e locatir��r tc� w�ici� th�e personnel and eq�ipment are to respand ar�d the affi�iai t� whom th�y are t� repgrt. hieverth�6�ss, the numk�er af persannel and amount and type of equipment which �re actua��y furnished s�all be det�rmined by the law en�orc�me�t agency tc� wh�m the r�quest is made. �. If reque�ted, law enfarcement off�cers rendering �ssistance sh�ll assist in the transportatiean and proc�:ssirrg o� prisoners gn �ifua�ions involv€ng mas� �rrests and, if necessary, ir� the aperatifln of tempc�rary dete�t�on faci9it�es. F. The coaper�ting agency's personr�el �n�i equipment shali k�e released by t#�e requ�stin� party when ass�sfan�e is no �anger needed ar when such �ersonnel and equ�pmen� �re neeaied in �h� jurisdiction in whiGh they normally furnis3� police pratectiorr. Shrruld the need arise, th�e ca�aperating aget�cy may, at any kime, recafl pers�nnel and e�uipment �a the jurisdict�an ira which they are normal�y empic�ye�. G. Resource� whi�ch may be �va�ilable �ar�der this Section shall in�luc��, but ar� nc�t lirnited ta, �ersonnef, marked or �nmar�ed vehicl�s, 4- whee� dr�ve �re'hic9es, pc�lice patr4i boats, K-� uni�s, aircrafk, arrc! natior�allst�telcountylcity camputer networks. H. Law enfarcement offi�ers rende�ing �ssistar�ce sha�l complete wr�tten reports as if th�y were per�ormir�g their ��ti�s in the juri�diction in which they are normally emplayed. CQpies c�f t�ese reporks sf�all kae furnisheci tc� ihe agency requestzng ass�stanc� within a reasot�able time. Additiflnalfy, c�fficers renderi�g assistance shal! prepare sucf� repnrts as t�e ag�ncy requ�sting assist�r�ce may reasona�ly require. 7 Xil. Terms and Procedures A, A cooperating ag�n�y will answer a specific request for v�lt��tary �ooperatian �ar operationai a5515t�f1C@ only ta the �xtertt that tF�e avaiiak�ie personnel a�d eq�ipment ar� not requir�d f�r �d�qua#� protectio� c�f ihat agency. Th� commander of the �gency, c�r the ceamman�er's desigrree, sh�ll have the sol� authority #o determi�e the �mount t�f person�e! and e�ufpment, i� �ny, available ta respond. B. A specifEC request f�r vc��untary caoperatifl� or aperati�nal assistance � fQr I�w enfnrc�ment �rner�encies shali be made �y th� c�mmancier � �f the aaencv �r the c�mmander`s desia�e�. E .. . ,,. � � C. VaEuntary co€�peratian can alsa b� initiated, within th� lirnitation� as m�re fully stated above, by an af#icer whc� vierrvs an irr-pr�g�ess crime or a need fc�r traf�ic control in anoth�r coa�eratii�� gency, or who views a#raffic vio�ation Qr #raffic accident scene, or marine v�c�iation on a c�ntiguous way. The �uperv�s�ng authority of that officer s�rall be r�otifi�d immediately ta enable a supervisor frr�m the office�-'s �agency to authorize and d�r�ct actior�s taicera �y the officer. An o�#ice� taking vafuntary actic�n should notify the commun¢cation liaisan p�rson in the as�isted agency as soan as �os�ible. a. Wheneu�er t�e emplc�yees af any law enforcement agen�y are rendering aid outside its jurisdictic�n anct pu�s�ant fo the auth�rity contained ir� this Agreement, such ernplayees sha�l! have the s�m� pe�wers, duties, r�ghts, �rivileges, and immunities as if they were perf�rmin� their duties in the �urisdi�#ion �n whic� they ar� narmal�y employ�d. E. Law enforcement �afficers or emp{oye�s r�sparrding to a specrfic request for volunta�y c�operati�n or aperational assistance fQr I�w enforcem�nt �mergencies sh�fl be �nder the directiorr �nd aufi�arity of th� cc�mmanding officers of the ag�ncy to which they are callec#; o#heruvise the officers shall �� uncler tf�e direction anc# au�hQrity of tk�e commanding c�ffi��rs c�f th�ir �wn ��ency. kiQwever, no o�ficer renderir�c� assistance sh�ll be required to perf�rm any aet which woulc� violate standard operating prr�cedures ar su��rvisvry guidelines in the jurisdiction in wh�ich they are normally �:mplc�yed. 0 F. All per�sian, insurance, relief, d�sa��lity, v�+r�rkers' comp�nsa#�on, sal�ry, death and oth�r benef�ts which a��ly to the activities of �affi�ers, agents and €�mp�ayees perf�rrming ��aties in the jurisdiction in w�ich they are normally emplc�yed shall apply ta the s�m� r�anner, de�ree and ext��at while such affi�ers, ��ents ar�d emplayees are �endering assistance un�er this A�reement. Notwifihstandi€�g the abQ�+e, n�thing cQn�ai�ed herein is intende� to I�mit eith�r parky's right #o reimb�rsement far eligib�� c�sts as permitted �y I�w. G. �ach ager�cy shall be respr�rrsible for its own operational costs and expenses in prr�vidin� assistance under thi� Agreement ar�d bearin� �O its own casts associat�d with �ny loss or damage incurred �o �ucf� � i� Er;v'�Ilr1'inn'� r�+rnt�arfi�r o�t��N�-ncant ny,r rcS...^�.'�.r,°S �5 � rc,_,ac,uilt r�f 4�'+;a� o.h�p � �w� caf such praperty durir�g a voluntary coaperatiQn or aperatir�nal ±' a�si�tance si�uatian. N� fin�r�cia€ eharge� sha�l be made by e�th+er ;party for assistar�ce prc�vided under this Agre�me�t. H. Ea�f� party sf�ali prouide and earry liability insurance, wor�cers' campensatian �ns�ra�ce, self-insur�nce an� flther insurance �ec�ssary to assure that each party shall be protected ar�d ind�mr��fiied frorr� any anc� all �i�bi€ities which may result by reason of actir�iti�s whic� ar� t�e subject af this Agreemer�t. Liability insurance shali �e maintained ir� an amvun# nat I��s than �2(]0,(]fl� per person and �3�]D,00(l per accurrer�ce. Each party shall furnish satisfactory prac�f ofi insurance tc� the �t#�er party. ""insur�r�ce" may be procure� either privately or p�rsua�t tQ an approv�al self-insurance risk- fi�a�rcing program. Shc�uld any insurance p�lEcy or seff--ins�rance progr�m �xpire, �� cancelled ar undergo material char�ge, the insured par#}� sfi�all, 3� days before sucf� expiratiarr, caneellation, or cf�ange, mail n�tice c�fi the same to th� other party. Nathing h�:rein shall �e deemed to transfer ar�y legal or equitable ovunership af �r�y equiprnen# utiliz�d pursuant to this Agreernent from ane coo�erating ager�cy tc� the other. Further, nathing herein shalC b� deemed ta confer any �genc�r or emp�oyeel�mplQyee relationsh€p r�r st�tus upor� �he personne� �� the cQflp�rating ager�cy while praviding assistance ta the cc�operating agency under this Agr��ment. J. A eoaperating agency shall nat be required ta r�sp�rtd ta a request ��r assistanc� if, in t�e apinion af the coa{�eratin� agency, praviding the a�s�stance wc��ld interfere with or je�ap�rdize th� police pr�tectsan �nd safety a� the c�tizens c�r �rc�perty within the jurisd�ction normally serued by that coflperating agency, or if t#�e req�estec! assistance is atherw��e unava�lable. 0 K. f��t�ing i� thi� Agreement is intended to be, nar shal� it be c�nstrueo� to b�, a rel�nq�ishrne�t or transfer, exp�essly c+r by im�lication, �� any t�f th� pQwers crr functians 4f the coopera�ir�g agency, L. In �o event sha�l this A�reement conf�r upon ar�y p�ersorr, corporatic�n, or �nt�ty, wheth�r privat� or gav�rnment, the right to damages against th� c�t�p�rati�g agen�y fc�r any acts, omissions or conc{uct, except as �xpr�ss�y pr�via�ed in this Agreement. M. Each par#y ta t�is Agreement �hall h�ar all cc�urt costs, �lefense �vsts, ar�d I�ak�ility fc�r its own �aw enforcement officers, agents andlor �O �m�laye�s #ar a�ts undertaken pu�s�aartt tc� this Agr�ement unless � such �ct wa:� nrrJar�?ri hv kh€? �mm�n�n�irr�t nffir_.�r nf thP a�:�ist?r� � agency; but if such act was nat ordered by the commanding a�iGer c�f ±' the assist�ai agency, each agrees, to the �xt�nt p�:rmitted by law, tr� indemnify and hold the a�her harml�ss of and fram any clairns, lawsuits andlor causes of actiQn arisir�g out �f the acts, omissians and conduct �f its own �fficers, age�ts andl�r employees. f n the �vent that an act or �cts u€�dertaker� pursuant to this Agreem�nt is ordered �y th� cor�man��ng offic�r direct�ng the ��fu�t�ry co�peratior� �r apera�ia�al assistarace situa#�an, any def�r�se ar craurt costs and fiabiiity that might arise s�all �e the resp4ns�bility of the agency empl�ying fh� cc�mrr��nding c�fFicer. Hawever, nothing conf�ined herein sh�lf be construed t� waive �r mcadify the prav�s�ons of F.S. 768.28 or the doctrin� of sc�uereign immunity as to any party �es�eta. N. This a�reem�nt shall be binding upon the parties fram the date o� exe�utior� by a party �ere#v ar�d shail cc�nt�nue in fu�l farc� and effect until ��rminated as provide� herein be�ow. 4. This agreernent sh�lf be k�inding �pc�n the parties �ram the date e�f executiar� and sf�a11 cor�tit�ue ir� fu�l farce and effect until Jar�uary 31, 2Q� r, Hc�uv�ver, any party hereta may withdraw or c�ncel such party's �arti�ipation purs�ant ta this �g�eernent withouf lia�ility to any ather par#ies hereta by �rc�vidi�g written �o�ice of s�ch withdrawal nfl fess thar� ten �1(�) days prior thereto. Hawever, the withdrawa� from or c�nc�;li�tion of this ��reement shall be eff�ct�ve orriy as to t�at p�rty and this agr�ernenf shall remain in full force ar�d effect �s tt� thase rer�aining part�es t�eretc� wha h�ve provi�ed n� written r�otice or cancellaticrn or withdrawaf. 10 P. T�is Agre�m�nt reflects thr� full and c�mp�ete ur��erstanding af t�e p�rties a�d may be ma��fied or amended oniy by a docurnent �n �rvriting s�gn�d by a11 a€ the partie� heretc�. XI�I. Severabilitv If any provisian �f this Agre�m�nt s�tall be declared invalid for any reasc�n, such �nvaiidity s#�all no# affect any of the remaining prcrvisions af th,is Agreemer�t. co � IN INITNESS WHERECiF, the parties hereto cause their �ig�atures ta be affixe�d: � E a� � REMAENI�G PAGE BLANK 11 ln acl�nowledgmer�t and ex�cutian of the PI�JELL,�S C�JUNTY CC)MBINEQ MU��iAL RI� AGREEMENT, pages ane through eleven inclusive, I h�reby set my hand �nd s�al� PIi�ELLAS CC)UNTY SHERfFF'S UFFICE BC3B GUALTIERf, Sf�eri�f STAT� QF FL�RIDA CDUNTY UF �1�I��AS BEFi�F�E ME, this day �f , 2�� 3, an of#icer duly authorized f�y faw tr� �c�minist�r oa#hs and take ackr�ouvledgmen�s, persanally ��p+�a�'ed B{7B G�IALTEERI, 5heriff of Pi�ellas Gounty, Flarida, who is persc�n�lly knawn ta me and wha �cknowled��d he �xecuted the fore�oing Agreerr�ent. My commissiQn expires: PINE�LA� GU�Jh�TY CC�MBIf�ED MUTUAL Alp AGREEMENT -�f13 S�gnature Type, Stamp, Prir�t �Jame Natar Public Tit1e S�rial �lo. 12 co � � � � In acknowledgme�t and execution of th� PI�IELLAS C(]l3NTY C�IMBINEO 11�UTl1AL AID AGREEMENT, pages �n� through eleven inciusi�v�„ as authorized by , we hereby set aur ha�d and seal. AT"T�ST: CITY CLE�K A,PPRQVED R5 Tfl F�JRf+� �ity Rttarney �TAT� QF FL�R�QA CC3Uh1TY C}F PfNELLAS TOWN O'� BELLEAf�t By _ Mayar �y city Manaaer By Law Enfa�cem��t Agerscy Head gE�4RE ME, this cf�y of , 2D13, an afficer duly auth�rized by !aw tc� administer oaths and tak� ack�owledgrrrents, persQnalfy �ppear�d t�e abc�ve of�icials of the Town af Belleair, a municipal cc�rpor�tiars af F{orida, whc� are known by me o� wha produced as Fd�ntificat�c�n, and whv acknow�ed�ed th�y ex�cuted the foregr�ing Agreement as the praper c�fficials r�f the Tov�+s� af Belleair, and t�e same is the act and deed o� that City. Signatur� Type, 5tamp, F'rint Name My crmmissian �x�ires: PI�fELLA� C�UNT`�f CQMBIf�ED ML.ATIJAL AI� A+GREEME�JT — 1J13 Natary Pubiic. T�tle Commissinn Na. 13 co � � � � In acf�nvu�rled�ment ar�d �xecutio�n Qf �he PINELLAS CC+UN�Y CC)II�Bif�E� MUTUA� A6Q AGREEMENT, �ages ane �hro�€gh eleven incgusi�e, we h�r+�k�y set vur hand �nd s�al. ►,�r�� ciT� c�E�� APPR(�VEa AS TCJ ��RM City Attorney STATE (]F FL(3F:I�iF� ��IJI�TY C7F PINELLAS c��r� a� c��aRV�va�� y _ nn�yor e�y city Manag�r By Law Enforc�m��t Agency Heac� BEF�F�E ME, this day ofi , 2C113, a� afficer duly authorized by !aw to administer aaths �nci take acknr�vufedgments, personally ap�ear�d �he abc�ve officia�ls af the Gity ai Gfearwater, a munici�a� carpc�ratinn of Floridar who are known by me o� who produced as identificatian, �nd wha ac�nowledged they exec�ted the fc�regaing Agreement as the prc�per officials of t�� City of Clearwater, and t�re same is the act and deed of that City. 5ignature Type, St�mp, Print Name My commiss�on �xpires: PI�I�LLAS CUIJNTY CC7MBINED II�U�I�A� AI� AGF�EEMENT - 1113 �lotary P�hlic Title Cammission Nc�. 1� co � � � � � In ackrrowfedgme�t arrd execution of the PI�JELLA� CC7UNTY GC)MBIfV�D MUTLJAL AID RGREEMENT, pages �ne through eleven inclusive, as authorized by , we i�ereby set our hand and se�l. f:,��.'�� CITY CLERK APPRC7V�D AS Tfl F(]F�M Gi#y Attarn�y STAiE D� FLC�RIQA �CDU�lTY �F PII�ELLAS C17Y Q�F GULFPQF�T By City Manag�r �y Law Enforcemen� Agency Head BEF(7RE ME, this day Qf , 2�13, an vfficer duiy authorized by law to adminis��r €raths ar�d take acknc�w�edgm�nts, persana#ly ap�eared the afaav� officiafs af the City af �ulfport, a m�nicipal corporatson of �larida, who are knawn #�y me �r who pro�uced as identifi�ation, and wha a�k�owledged they executed the fareg�ing Agr�eiment as the �rop�r �ff�c�als o� the Ci�y af Gulfport, and the s�m� is the aet an� deed ofi tf�at Gity. Signat�re Type, S#arnp, Prir�t fVame My commissean expir�s: P1N��L.A,S C�I�hJTY �flfV�BI�IED MUTUAL AfD AGRE�MEh�T - �113 �Is�ta Public Title ��ammission Nr�. 15 co � � � � In �cknc�wledgment artd exec�tion Qf the PIPVELLRS C+C)UNTY CQMBINED N'fUTUAL AID AGREEMENT, pages �ne th��ugh el�verr incl�sive, as a�thc�riz�d by , we hereby set aur hand and seal. ATTEST: �171' CL�R� APPR[JVED AS TO FORM City Attorney STATE C�F FLC7RI�A CC]UNT'Y �F �iNELL�4S T�WN OF INQlAI� SHC)RES By ---- - M�yar By Cit� M�nac��r �y Law Enfc�rcement Agency F�ead BEF�RE ME, �his day of , 2013, an officer duky autharized by law to administer oaths and ta�e ackr�Qwl�edgments, persQnally appear�d the abov� c�fficials of th� Town �f Ir��fian Shores, a mur�icipal corporation af Floricia, who ar� knawr� by me or wha produced as identifica�tian, ar,d who acknowlec�ged they �xecut�c� the far�g�ir�g Agreemer�t as t�e pr��+er o�Fieial� of the TQ►rvn af Indi�n 5h€�res, and fhe same is t�e act and deed of that City. 5ignature Type, �t�rnp, Print Na�ne fVly c�mmissic�n ex{aire�. PIhJELLAS C�UhlTY CC�MBINED NFLJTUAL A�Q AGREEMENT - �113 Notarv Pra�6ic Title Camrnissior� hlv. 16 co � � � � In acknc�wledgrrtent and executior� c�f th� PIhI�LLAS CQUNTY �C�M��NEQ MUTUAL AIL� AGRE�fV��NT, pages one thraugh el�v�n inclusive, a� authmri��d by , we her�by s�� ur hand and seal. ATTEST: CfTY CLERFt APPRt)VED A� T�J FaRM Ci#y Rttorn�y STATE C]F' FLQf�IDA CC)U�1T�' C}F PfI�ELLAS T�WN C)F K�N�IETH �ITY By Nlayor BY __. City Man�c��r gY _ Lav+r Enfc�rcement Ag�ncy F°fead gEFORE ME, th�is day af , 2Q13, an caffic�r duly autho�iz�d by �aw tc� administer oaths and take �cknowledgm�nts, ��rsonally appeared �he al�ave afFicials af the Tcrwn vf hCenneth Ci�y, a municipal corpo�a�ion of F�arida, who ar� known by me �rr who produced as ident�ficatirn, and vaho �cknawledged they executed the foregoing Agreement as the prap�r s�f�icials af t�re Town of K�nneth Ciiy, and �he same is the act and deed c�f that City. 5ignatur�e Type, Stamp, Print Name My commission expires: PIh1�LLAS CQUNTY CC3MBINED 6v�UT�JAL AIQ AGREE�ENT - fi113 Nc�tary Public Tit�e Commission No. 17 co � � � � In ackr�owledgm�nt and exec�ti�n af th� PIIVE�LAS CC7UNTY CQMBINE� MUTLI,A�. �41D AG�EEMENT, page� c�rte thr�ugh �I�v�n inclusive, as autharized by , w� f��reby set aur hand and seal. ATTEST: �y��T(il�'�:�i / APP��V�D AS TG F{JRM C�ty At�orney STATE UF FLC?RIDA CtJIJNTY �F PI�IE�LAS CI�fY �F LARG(] By ft�ayaf By _ �ity Man�ger By Law En�orcement A�er�cy Head �3�F�C�RE M�, this da�y o� , 2(}13, an officer duly authflrized by law to administer oaths and ia�e a�cknc�wiedgments, personally appeared the ab�ve c�fficials Qf the City af Larga, a rnunic�pal corpc�ratiar� of Florida, wha are know� hy rne c�r who prQduced a� identificatic�n, and w�o acknowiedged they �xecuted t�� fQregaing Agreement as the pr�per a�Fici�is of the City of Larga, and the s�m� is the act a�d deed of that City. Sigr�at�re Type, Stamp, Print Name My commi�s�c�n expires: �'INELLAS CUUNTY C�M81NE� NIUTUAL AI� AU�E�MENT - 1113 I�ot�rv Publi� �it3e Commissi�n No. : co � � E a� � In acknawfedginent and e�cecution ofi the PINE'�LAS C+�UN�Y GO�MBINEQ MUfiuAL A�D AGREEMENT, pag�s one t�rough eleven inclusive, as authorized by , we herek�y set o�r �and �nd seal. ATTEST: CfTY C�ERK APP�r�VE� A5 `1�+Q FC}RIVI City �l�tc�rney STATE C�F FLC?RIQA CC3UNTY aF PINELLA� C1TY O� PII�EI...I�.AS PARK By Mayar By Gity Manag�r By Law ��farcernent A�ency H�ad BEF�}R� II�E, t�►is day of , 20� 3, an rfFicer duly au�horized k�y law to administer oaths and take acknowledgmer�ts, persc�nally appeared the above officials of tti�� C�ty a# Pinelias P�rk, a mu�ic��al carpc�r�ti�n of �Ic�ricfa, wha are �Cnr�wn by me or who p�aduce� as identificaticrn, and who acknawledg�d they executed the faregoin� Agre�ment as the praper �fficials of the City �f Pinellas P�rk, a�d the sam� is tf�e a�t and deed of that City. Signature Type, Stamp, Prirtt Nam� My cammission expires: PINELLA� �DI�NTY �GC�MBI�IED MUTLIAL AlD AGREEME�[T - �113 �Jata Publ�c Title Commiss�an EVo. 19 co � � E a� � !n acknowled�ment �nd execution c�f the PINELLAS G�]U�J�1' C(JMBiNEQ MUT�JA� AIL AGRE�M�h1T, pa�es ane through efeven inclusive, as a�athc�r�zed by , we h�reby set c�ur hand and seal. ATTEST: ��-�•��:�:r APP��VE� A5 T� FQRNI City Attc�rr��y STATE {�F FLQRIDA CflUNTY OF PINE�LAS CfTY [Jfi ST. PETERSgURG �y nnayor �y City Manager By ��w EnfQrc�men# Agei-�cy Hea� BEFC3RE ME, this day c�f , 2013, an affic�r du�y a�tharized by law to admen�ster aat�s and take aGknowledgrnents, persa�ally appeared the abave a�Ficials af the City saf St. Pet�rsburg, a nnunicipa! corporation �f Flarida, who are knQwn by me or wi�cr pra�duce�d as ider�tificatior�, and whc� �c�nowledged they exec�fed th� foreg�ing F#gr�ement as th�e praper c��ic€�is of the City of Sf. Petersburg, and the same is the act ar�d deed af t1��t City. Signature Type, Stamp, F'rint I�ame PII�ELLAS C�UhlTY �C)MBl�JED MIJTIJAL AID AGR�EMENT - 1113 �tatary Publ�c Tit�e Gc�mmissio� No. 2 [� � � � E a� � Zn ackr�ow�edgment ar�d executiar� of the PINEL�AS CC}tJN"�Y CC3MB�NED �vf'UTUAI. AID �GR�EMENT, pag�s one th�ough eleven incl�sive, as a�thr�rized by , we h�reby set our hand and seal. ATTEST: C�I��'til��:7:�! �":.: 1 G • � � 11 Gity A#torney STATE �F FL(7RI�A CC}U�JTY OF Pl�JELLAS ClTY UF TARPC+�I S�RfI��GS By nn�yo� Sy _ City Ma�aager Sy Law �Enforceme�� Ag�ncy Head BEFQRE ME, tf�is day of , 2�� 3, an afficer duly �uthor�zed by law to �dmin�ster oaths and take ��ltnowledgments, personally ap�peared the abo�ue offi�ial� af th� City of Tarpon 5prings, a municipal cor�aor�t€on of Florida, who are knpwn by me Qr v+rho produced as �dentification, and uvho acknowlecf�ed #hey execut�d the fc�regoing Ac�r�er�ent as the proper o�ficiafs a� t�e City of Tarpon Spr`rrrgs, and �he sar�e is the act and d��d vfi that City. Sigr�at�are Typ�, Stamp, Print Name PINELI.AS CQU�JTY CC7MBINED MUTUAL A,ID AGREEMENT - �1�3 iVatary Public Title Commission No. 2� co � � E a� � In acknawledc�ment a�rd executiar� c�f the FINELLAS CCJ�INTY CQMBlNE❑ MU�UA�� A�D AGREEMEh1T, pag�s one thro�ght eleven inclusive, as authorized #ay , w� h�reby set ot�r hand a��d s��i. ATTEST: CiTY CLERK APPR�QVED AS T�d FaRM City Attorney STATE C?F FLGRCDA C(7UI�TY UF PINELLAS GITY QF TREASU�E lSLA,ND 6y May�r BY �C�tv Manaa�r By L.aw Enforc�mer�t Agency Wead BEFQRE M�, �his day of , 2��3, an afficer duly auth�rizec� f�y law tr� administer aaths and t�k� a�knowledgm�n#�, pers�nal�y appea�ed t�e abc�ve c��Ficials of the Gity �f Treasure Island, a mur�icipal corpc�ration of F�arida, whc� a�e known by me ar who prca�iuced a� identif�cation, ar�d who acknowi�dg�d they executed the for�going Agreement as th� �roper of�icials of the City of Treasure I�land, �nd the same as the act and deed of th�� Cgty. Si�nature Type, Stamp, Print IVame PiNELLAS CC7UhJTY CQMBINED MUTUA� AI� AGREEMEh�T - 1113 Nc�tar Public Title Commission I�o. 22 co � � E a� � In acknowl�dgment and executi�n of the PINELLAS CQllNTY CC)MBIfVED MUTUAL AID �IGREEMENT, pages or�e ihrough eleven �nclusiv�, we h�ereby set o�r hand and seal. Uh�IVERSiTY C+F SC3UTH FI.QRIDA ST. PETERSBtlRG R�gion�l Chancellor F'ursuant to Secti�r� �3.1,�25(1 ]�b} Flarida Siatutes � i r� i � ti.�.r[ ��.us��uiw ��U�9TY OF P�NELLAS B��QRE ME, this day r�f January �413, person��ly appeared , Regic�naE �F�ancellor af the Uni�rersity of Sc�ut� Flc�rida St Peters�urg, who is personaliy known to m� �rtd wha �cknov�vledged hefshe executed tf�e #or�going Agreement. Signature 5ign, Print, Stamp hfame Notary Pu�lic Title S�riaf E�o. I'�y c�mr�nissi�n expires: PII�EL�F1S GDIJNTY ��MBIhJED fVIL1TlJAL AID AGREEIVIENT - �l13 24 UNIVER�ITY C)F SUU�H FLQR�DA ST. PEi"EP.SBIJ'RG Chief Univ�rsity of South F��rida St. Petersburg Pol�ce �]epartmen# R�rsuant ta S�ctior� 2�.12��1)�b} Flor�da Statutes r^� t n T r r r i r� rr� i r'ti n � � r-n G � i}r r°LVrciuH CC3UNTY DF PINELLAS BEFC7RE ME, this d�y of January 2013, persanally appeared , �f�wef af Police, University c�# 5outh Flc�r�da St. Petersburg„ wha is personally kn�wn t� me and w'�o �cknowiedged �relsf�e execute� the fir�regoing Agreem�nt. Signature Sign, Print, Stamp Name N�tary Publ�c T€tle Ser��l NQ. Nfy commissi�n expires: co � � E N � Ir� acknawf�d�m�nt ancf execu#ian of the PINELLAS CC?UNTY C(7MB1�3ED MUTUAL AIQ AGREEME�IT, p�ges one t�rough eleven incl�sive, we her�by �et aur hand and �eal. A�TEST: Ex-C7fficio Secr�tary APPRC)11ED AS T�7 ��7RM r Schaol Board �4t�c�rney STATE �F FL�Rf�A GdLlNTY QF PII�ELLAS �CHOQE,. BC]ARD C]F PINELI�AS Ct7UNTY, FLJRIDA E3y Chairperson �y : Law EnfQrcernent Ag�n�y Head BEFOMRE ME� this day c�f , 24i3, an o�Ficer duly autho�ized by law to administ�r aaths anc� take ac�CnQwl��gments, persc�nally appeared ti�e a�av� officials of the Schc�ol Baard �f Pi��lias County, Flar�da, wha are kr�c�wn by rr�e or who praduced �s identifi�atic�r�, �nd who acknowlec�ged they executed tf�e f�regoir�g Agreemer�t as th�: prvper o�f�cials of th�e School Baard af Pin�llas Cc�unty, and the same is the act and deed of that Baard. Sig�att�re Type� Stamp, Print Name PINELL._AS CDU�I�Y GC+MBINED N1l1TUA� AID AGREEM�NT - �J13 Nc�tarv Public Title Gommissi�n No. 2A� co � E a� � Work Session Council Chambers — City Hall Meeting Date:l/14/2013 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $238,839.00 to Atlantic Truck Center of Pompano Beach, FL for one M2 Freightliner Chassis with Wayne Gladiator Sweeper, in accordance with Sea 2.564(1)(d), Code of Ordinances — Other Governmartal bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Sweeper will be purchased through the Florida Sheriffs Contract 12-10-0905, Specification 9 and �ote date December 6, 2012. This sweeper will replace G2749 (2003 Elgin Sweeper) with 84,980 miles. The auxiliary engine has 7,530 hours on it. The sweeper is included in the Fiscal Year 2012/2013 Garage CIP Replacement Fund. This sweeper is assigned to the Stormwater group in Engineering. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0316-94241-564100-519— 0000 $49,678.51 2012 to 2013 Amount $238,839.00 Budget Adjustment: None Annual Operating Cost: $17,612.00 Total Cost: $67,290.51 Appropriation Comment L/P CIP Bid Required?: No Bid Number: Florida Other Bid / Contract: Sheriffs Bid Exceptions: None Association #12-10-0905 Review 1) Financial Services 2) Office of Management and Budget 3) Lega14) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Cover Memo Item # 17 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve Amendrr�ent number 1 to the signal maintenance and reimbursement agreement between the City of Clearwater and the Florida Department of Transportation and autharize the appropriate officials to execute same. (consent) SUMMARY: Amendment number 1 provides for the city to be reimbursed for the maintenance of Intersection Control Beacons at a rate of 25 percent of the reimbursement value of a full traffic signal. This is approximately $700. The city currently does not have any of these devices but this is a statewide amendment. Amendment number 1 provides for the city to have review capability of signal modifications done by a contractor for the FDOT in the city's jurisdiction. Currently the city has a good working relationship with District 7 and can make requests for changes to signal modifications and it is generally done. However, this amendment puts the process in writing and guarantees the city will always have this ability in the future. Provides a process whereby the FDOT can withhold reimbursement if signals are not maintained properly. Currently there is no provision far that case. 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 Attachment number 1 \nPage 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22A TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFICOPERATIONS 10/09 Amendment #1 Amendment 1 Page 1 of 5 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. Purpose: Amend the original TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT previously entered into by both parties. Amendment #1 adds payment for maintenance and operation of intersection control beacons, beginning with the Department's fiscal year 2010-2011. Currently, traffic signals are compensated for and intersection control beacons are not. This Amendment provides that intersection control beacons will be paid for by the Department to the Maintaining Agency at the rate of 25% of that for full traffic signals. A modified Exhibit A and B is part of this Amendment and provides the Unit Rates for traffic signals (unchanged) and for intersection control beacons (new). All other provisions of the original Agreement remain unchanged. Section 1 shall be removed and replaced in its entirety by the Section 1 provided below: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal systems (central computer, cameras, message signs, modems, and communications interconnect), flashing school zone traffic control devices, intersection control beacons, warning beacons, illuminated street name signs, and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of full traffic signal locations and intersection control beacons as identified in Exhibit A. Warning beacons, emergency signals, and flashing school zone signals are not included. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement; the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. Section 6 shall be removed and replaced in its entirety by the Section 6 provided below: 6. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all existing traffic signals and intersection control beacons on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New signals and intersection control beacons added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon final acceptance as stated in paragraph 1. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department signals and intersection control beacons added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new Department's signals and intersection control beacons in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the Item # 18 Attachment number 1 \nPage 2 750-010-22A TRAFFIC OPERATIONS 10/09 Amendment 1 Page 2 of 5 information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency's general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. Section 14 shall be removed and replaced in its entirety by the Section 14 provided below: 14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient traffic signal(s) or intersection control beacon(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. , Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By: Print/Type Name: Title: Attest: Reviewed: Attorney (Authorized Signature) (Seal if Applicable) Date By: Print/Type Name: Title: Attest: (Authorized Signature) Item # 18 Attachment number 1 \nPage 3 750-010-22A TRAFFIC OPERATIONS 10/09 Amendment 1 Page 3 of 5— Exhibit A EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: To: Maintaining Agency: Traffic Signal (TS) or FDOT Intersection FY Unit Percent of Control Rate State Total Amount Compensation Beacon (refer to (Ex. 25, 33, (Unit Rate x Intersection Locations Yes or No ICB Exhibit B 50, 75 or 100 Percent Attachment number 1 \nPage 4 750-010-22A TRAFFIC OPERATIONS 10/09 Amendment 1 Page 4 of 5 Total Lump Sum $0.00 I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of 0.00. Maintaining Agency Date District Traffic Operations Engineer Date Item # 18 1.0 2.0 3.0 Attachment number 1 \nPage 5 750-010-22A TRAFFIC OPERATIONS 10/09 Amendment 1 Page 5 of 5 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50%) being state roads, the intersection amount for FY 10-11 will be: $2,622 x(2/4) _$1,311 Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads, the intersection amount for FY 11-12 will be $675 x(2/3) _$450 Unit Rates per 100% State Intersections Traffic Signals: FY 07-08 $2,400 08-09 $2,472 09-10 $2,546 10-11 $2,622 11-12 $2,701 12-13 $2,782 Intersection Control Beacons: $0 $0 $0 0.25 x $2,622 = $656 0.25 x $2,701 = $675 0.25 x $2,782 = $696 Beginning with FY 07-08, the Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. Item # 18 Attachment number 2 \nPage 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT TRAFFICOPERATIONS 07/09 Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. THIS AGREEMENT, made and entered into this day of , , by and between the Florida Department of Transportation, an agency of the State of Florida, herein called the "DepartmenY', and Florida, herein called the "Maintaining Agency". WITNESSED: WHEREAS, the Maintaining Agency has the authority to enter into this Agreement and to undertake the maintenance and operation of traffic signals or signal systems on the State Highway System, and the Department is authorized under Sections 334.044 and 335.055, Florida Statutes, to enter into this Agreement, and; WHEREAS, the Maintaining Agency has authorized its undersigned representative to enter into and execute this Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties mutually agree and covenant as follows: 1. The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, traffic signal systems (central computer, cameras, message signs, modems, and communications interconnect), flashing school zone traffic control devices, intersection control beacons, warning beacons, illuminated street name signs, and the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems upon completion of their installation. The Department agrees to pay to the Maintaining Agency, an annual compensation based on Department's fiscal year for the cost of the maintenance and continuous operation of full traffic signal locations and intersection control beacons as identified in Exhibit A. Warning beacons, emergency signals, and flashing school zone signals are not included. Payments will be made in accordance with Exhibit B. Should the Maintaining Agency withdraw from the compensation portion of this Agreement; the Maintaining Agency will still be responsible for the maintenance and continuous operation of the above items. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Prior to any acceptance by the Department, the Maintaining Agency shall have the opportunity to inspect and request modifications/corrections to the installation(s) and Department agrees to undertake those prior to acceptance so long as the modifications/corrections comply with the contract and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the DepartmenYs Standard Specifications for Road and Bridge Construction. 2. The Maintaining Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. The Maintaining Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service and routine repairs), and emergency maintenance (trouble shooting in the event of equipment malfunction, failure, or damage). The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log. 3. The Maintaining Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and/or equipment replacements unless the equipment provided is capable of performing at minimum the same functions. The Department shall not make any modifications and/or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 4. The Maintaining Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the DepartmenYs timing and phasing plans, specifications, or special provisions. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals. Signal Systems timings (cycle length, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing and/or phasing, implementation of such modifications shall be coordinated with, or made by, the Maintaining Agency. 5. The Maintaining Agency shall note in the maintenance log any time/phasing changes and keep a copy of the timings and any approval documentation in a file. Item # 18 Attachment number 2 \nPage 2 750-010-22 TRAFFIC OPERATIONS 07/09 Page 2 of 6 6. The Maintaining Agency and the Department will develop annually the Exhibit A which by this reference is made a part of this Agreement as though fully set forth herein. Exhibit A shall contain all existing traffic signals and intersection control beacons on the State Highway System, applicable to the jurisdiction of the Maintaining Entity, those that are maintained by the Maintaining Agency and those that are maintained but not included for compensation. No changes or modifications will be made to Exhibit A during the year for compensation. New signals and intersection control beacons added by the Department during the fiscal year shall be maintained and operated by the Maintaining Agency upon final acceptance as stated in paragraph 1. The Maintaining Agency and the Department, preceding each fiscal year, shall develop and execute a new Exhibit A, which shall include all new Department signals and intersection control beacons added during the previous fiscal year and delete those removed. The Maintaining Agency shall begin receiving compensation for new DepartmenYs signals and intersection control beacons in the next fiscal year. In the event that no change has been made to the previous year's Exhibit A, a statement to this effect should be included. The annual compensation will be a lump sum payment detailed in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as detailed in Exhibit B, attached and made a part hereof. a) Payment shall be made only after receipt and approval of service. b) Payment shall be made in accordance with Section 215.422, Florida Statutes. c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. d) Record of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the Department upon request. Record of costs incurred include the Maintaining Agency's general accounting records, together with supporting documents and records of the Maintaining Agency and all subcontractors performing work, and all other records of the Maintaining Agency and subcontractors considered necessary by the Department for proper audit of costs. 7. Maintaining Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 8. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in additional to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar shall not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 9. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. 10. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 11. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 12. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 13. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: Item # 18 Attachment number 2 \nPage 3 750-010-22 TRAFFIC OPERATIONS 07/09 Page 3 of 6 (a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than one year. 14. The Maintaining Agency may be subject to inspections of traffic signals and traffic signal systems by the Department. Such findings will be shared with the Maintaining Agency and shall be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department shall have the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment for any deficient traffic signal(s) or intersection control beacon(s) maintenance not corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any suspension or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 15. The Maintaining Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 16. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without consent of the Department. 17. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. 18. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement shall not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 19. This Agreement shall remain in force during the life of the original installed equipment and/or the life of any replacement equipment installed with the mutual consent of the parties hereto. 20. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties. 21. This Agreement contains all the terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties have caused these presents to be executed, the day and year first above written. , Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Maintaining Agency) By: Print/Type Name: Title: Attest: Reviewed: Attorney (Authorized Signature) (Seal if Applicable) Date By: Print/Type Name: Title: Attest: (Authorized Signature) Item # 18 Attachment number 2 \nPage 4 750-010-22 TRAFFIC OPERATIONS 07/09 Page 4 of 6— Exhibit A EXHIBIT A TRAFFIC SIGNAL INTERSECTIONS AND INTERSECTION CONTROL BEACONS MAINTAINED AND OPERATED FOR FY Effective Date: To: Maintaining Agency: Traffic Signal (TS) or FDOT Intersection FY Unit Percent of Control Rate State Total Amount Compensation Beacon (refer to (Ex. 25, 33, (Unit Rate x Intersection Locations Yes or No ICB Exhibit B 50, 75 or 100 Percent Item # 18 Attachment number 2 \nPage 5 750-010-22 TRAFFIC OPERATIONS 07/09 Page 5 of 6 Total Lum Sum $0.00 I certify that the above traffic signals will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum of 0.00. Maintaining Agency Date District Traffic Operations Engineer Date Item # 18 1.0 � 3.0 Attachment number 2 \nPage 6 750-010-22 TRAFFIC OPERATIONS 07/09 Page 6 of 6 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and Method by which payments will be made. COMPENSATION For the satisfactory completion of all services detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum in Exhibit A. The Maintaining Agency will receive one lump sum payment at the end of each fiscal year for satisfactory completion of service. Total Lump Sum Amount for each fiscal year is calculated by adding all of the individual intersection amounts. The individual intersection amounts are calculated by taking the FY Unit Rate times the percent of State Road Approaches to Total Approaches. Intersection Control Beacons are paid at 25% of the Unit Rate for full traffic signal. Example 1: For a traffic signal intersection with 4 approaches with 2 approaches (50%) being state roads, the intersection amount for FY 10-11 will be: $2,622 x(2/4) _$1,311 Example 2: For an intersection control beacon with 3 approaches, with 2 approaches being state roads, the intersection amount for FY 11-12 will be $675 x(2/3) _$450 Unit Rates per 100% State Intersections Traffic Signals: FY 07-08 $2,400 08-09 $2,472 09-10 $2,546 10-11 $2,622 11-12 $2,701 12-13 $2,782 Intersection Control Beacons: $0 $0 $0 0.25 x $2,622 = $656 0.25 x $2,701 = $675 0.25 x $2,782 = $696 Beginning with FY 07-08, the Unit Rate for each fiscal year is 3% more than the Unit Rate for the previous fiscal year, unless otherwise specified in an amendment to this Agreement. PAYMENT PROCESSING The Maintaining Agency shall invoice the Department yearly in a format acceptable to the Department. Item # 18 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Approve Change Order 1 to Adkins Contracting, Inc. of Ruskin, Florida for the 2011 Underdrain Contract (10-0016—EN) for $253,010.89 for a new contract total of $791,023.73, a time extension of 200 calendar days to allow far completion of additional work, and authorize the appropriate officials to execute same. (consent) SUMMARY: October 20, 2011, City Council awarded the 20ll Underdrain Contract to Adkins Contracting for $538,012.84. This was a unit price contract. Adkins Contracting has perfarmed excellent work and agreed to honor the current contract unit pricing to provide continuing underdrain work at other locations in ihe city based on engineering review. Change Order 1 requests approval of unit prices for an additional amount not to exceed amount of $253,010.89, and a 200—day time extension to continuework under the original contract. The same terms and conditions will apply. The underdrain unit price from Adkins Contracting in October 20l l was �24% less than the average bid received. The revised completion date will extend from November 14, 2012 to June 1, 2013. The Stormwater Maintenance group maintains the underdrain systems. Overall maintenance requirements will be reduced by these upgrades, therefore no increase in maintenance costs is anticipated. Sufficient revenue is available in Capital Improvement Program project 0315-92277, Streets and Sidewaks. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code $253,010.89 $253,010.89 2012 to 2013 Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Yes $253,010.89 0315-92277-563700-541— $253,010.89 See summary 000-0000 Review 1) Engineering 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Item # 19 Attachment number 1 \nPage 1 CHANGE ORDER l Date: PROJECT: 2011 Underdrain Contract PROJECT NUP PO REFEREN( AWARD DATE CONTRACTOR: Adkins Contracting, Inc. CONTRACT D, 3516 Gulf City Road Ruskin, Florida 33570 CODE: 0315-92 CODE: 0315-92 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRAC' This change order extends the contract 200 days and increascs funding on a unit price basis far a not to excee STATEMENT OF CONTRACT AMOUNT ACCEPTED Bl ORiGINAL CONTRACT AMOUNT $538,O12.84 Adkins Contrac Change Order 1- CC - 1/17/2013 $253,010.89 NEW CONTRACT AMOUNT $791,023.73 By: Jackie Dean . APPROVED AS TO FORM: Camilo Soto, George N. Cr�tekos, ATTEST: Rosemarie Call, Date: Assistant City Attorney CTTY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Mayor City Clerk William B. Horne, T[ City Manager Date: Witnesses: Recommended I Tara L.Kivett, Er Michael D. Quill Item # 19 Page 2 of 2 Change Order 1- 2011 Underdrain Contract ITEM DESCRIPTION Code B: 0315-92277-563700-541-000-0000 1 Mobilization 2 Maintenance of Traffic, Underdrain, 2 Lane, 2 Way 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Maintenance of Traffic - Under Drain, Multi Lane Maintenance of Traffic - Kapok Park Trail Maintenance of Trafiic - Swale Curb Sediment & Erosion Control Portable Project Sign Root Pruning Tree Barricades Remove Existing Underdrain Remove Existing Concrete Sidewalk, 4" Remove Existing Concrete Sidewalk, 6" Remove Existing Asphalt Core Existing Storm Inlet Concrete Driveway, 6" ADA Sidewalk Ramp, 4" Concrete Concrete Sidewalk, 4" FDOT Underdrain Inspection Box, Index #245 6" Underdrain 6" Clean Out Type C Storm Inlet - City Index 210 8" Underdrain 8" Clean Out 8" Solid PVC Storm Pipe Type I Curb (remove and replace) Modified Curb (Remove & Replace) Valley Gutter Curb (Remove & Replace) Swale Curb, 4' Wide, (bid includes adjacent asphalt) 29 Swale Curb, Valley Gutter, Index 107, (bid includes adjacent asphalt 30 Asphalt 1-1/2" Thick PC III 31 10" Thick Crushed Concrete Road Base 32 Sod Replacement (Bahia) 33 Sod Replacement (St. Augustine) 34 Sod, Cynodon Dactylon (Bermuda 419-Certified) 36 Undercover and Connect old existing drainage pipe on Grandview Dr 37 Install 8x8 tee 38 Kapok Repair 39 Grout pipe 40 Miami Curb Remove & Replace 41 MISL Concrete 42 Mill Existing Asphalt Attachment number 1 \nPage 2 OUANTITY UNIT UNIT COST 5 5 0 0 0 6 0 0 0 2103 900 4000 150 8 4,000 575 300 0 0 0 0 4989 13 950 0 110 110 0 �17 275 275 4000 7000 0 1 3 l 1 363 1 l EA EA EA EA EA EA EA LF LF SF SF SF SY EA SF SF SF EA LF EA EA LF LF LF LF LF LF LF LF SY SY SF SF SF LS $612.53 $262.1 l $597.40 $115.40 $240.00 $83.17 $375.00 $6.00 $3.80 $2.53 $2.73 $2.19 $18.45 $375.50 $4.07 $10.80 $3.54 $870.96 $23.57 $210.59 $1,852.08 $26.12 $229.63 $12.45 $26.37 $34.37 $44.57 $72.37 $43.75 $30.09 $26.91 $0.58 $0.71 $1.82 $890.00 EA $138.00 LS $9,965.00 LS $4,570.00 LF $23.87 CY $250.00 EA $750.00 Total Increases: Item # 19 December 24. 2012 fl l:j_�1:�[IIIIDIC'� �1►1 :E NO.: ST 107955 October 20. 20] 7 ATE: November 04, 2011 273-563700-541-000-0000 A 277-563700-541-000-0000 B T d amount. �. ting, Inc. (SEAL) Adkins, President 3y: City of Clearwater �gineering Construction Manager en, PE , City Engineer Attachment number 1 \nPage 3 Item # 19 TOTAL COST $3,062.65 $1,310.55 $0.00 $0.00 $0.00 $499.02 $0.00 $0.00 $0.00 $5,320.59 $2,457.00 $8,760.00 $2,767.50 $3,004.00 $16,280.00 $6,210.00 $1,062.00 $0.00 $0.00 $0.00 $0.00 $130,312.68 $2,985.19 $11,827.50 $0.00 $3,780.70 $4,902.70 $0.00 $0.00 $8,274.75 $7,400.25 $2,320.00 $4,970.00 $0.00 $890.00 $414.00 $9,965.00 $4,570.00 $8,664.81 $250.00 $750.00 $253,010.89 Attachment number 1 \nPage 4 Item # 19 Work Session Council Chambers — City Hall Meeting Date:l/14/2013 SUBJECT / RECOMMENDATION: Approve the First Amendment to Drainage Easement Agreement between the City and Crum Properties II, LLC for the relocation of a drainage area to accoinmodate construction of Fire Station 45; and authorize the appropriate officials to execute same. (consent) SUMMARY: On July 30, 1998, the City entered into a Drainage Easement Agreement with Information Management Resources, Inc. (IMR). Under the agreement, a drainage area located on City property receives stormwater run-off fromproperty now owned by Crum Properties II, LLC (Crum), successor in title to IMR. Planned construction of Fire Station 45 calls for the relocation of the drainage area. The First Amendment to Drainage Easement Agreement provides for the drainage area to be relocated providing for adequate land area for planned construction. The new drainage area will continue to receive stormwater flows from property owned by Crum and will be constructed with adequate capacity to receive additional flows from the new fire station. Review 1) Public Works Administration 2) Planning 3) Off'ice of Management and Budget 4) Lega15) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Item # 20 FIRST AIV�EhIC��1AENT TC] DRI�IwAGE EASEMENT A+GREEMEMT T�iIS FIRST AMENDMEf�T TO DRAf�IAGE EASEMENT AGREEMENT, entered in#o this day c�f , 2U12 by and between the CITY OF �LEA�WATEF�, FL(]RIaA, a Flarida municipaEity whic'h has a mailing address of P.U. Bax 474�, Clearwater, Flarida 3�3758, as Grantor, and CRUtM PRf�1PERTIES II, LLC, a Flvrida lirnited liability com;��ny ►r�hose p�incipa� plac� afi b�isir��ss is 1�a S Mis�ouri N Avenue. Glearwater. Fl�rida 3375�. as �rant�:� � E a� � WITMESSETH: WHEREAS, Grantc�r and inf�armati�r� M�r�agerr7ent Resources, Inc. {IMR) entered into tha� c�rtain Dra�nage Easement Agreement (Ac�reem�nt� da�ed Juiy 3(], 1998 a�d rec�rded in BoQk 1 D19�, page �25� of th� J�ficial Records �f Pinellas Courrty, Florida; and WHEREAS, �he �asernent rights �r�nted by virtue of the Agreernent encumber certain real pr�perty vwned by Gran#vr as described in Exhibit "P�" to ih� Agr�;�mer�t (Original Eas�rnent Pr+�mises} and are a�purtenant ta certain real prcap+�rky (dc+minant T�nernent}, a po�tic�n of which is owned by Grante� as succes�t�r in ti�le to 9MF�; and WHEREAS, in accardar�ce with Paragraph 8 of #he Agre�ment, Grantor m�y relacat� th�; Uri�inal E��ernenf Premises und�r ce�tain conditio�s. NC►W, TH�REFC�RE, t�t� par#�es, in consideration of the und�rtalci�n�s, prc�mises ar�d agre�m�nts h�r�in cc�ntained, �gree and cr�venant with eac� oth�r as fc�lfc�ws: 1. RECITALS. The fQregaing recitals a�'e hereby mad� a material part af this Agreem�nt and are incorpa�at�d h�r�in by this reference. 2, TRACT 'i, �AS�MENT f'R�MfSES R�DEFINED. Exhibit "A"" to the Agreement shai{ be ��plac�d and rest�t�ed in its entirety as re#lected in Exhibit "A" Ftereta. �'a�;� 1 �� f _ 3. Mf]T10E. In accardance writh paragraph 1a �rfi #he Agreement, natice �� nge of address a� #o t�re �rantee is as fQ�laws: I# tv �Grantee: Business A�ffa�rs, 1{}C� S. Missouri Ave., Clearw�ter, FL 33756 d. REMpi�DER OF A�GREEMENT UNAFFECT�❑ Ali +�ther terms and condit�ons Qf the Agreement which are not expr�ssly ar��endeci or �el�ter� h�r�in sf7�lf cor-�tin�i� ir� f��fl fo��ce a.r�d �ffect. 0 N � � N Ttie 1�emarr�d�r af 7�f�is Pa�� l��ier�fiar��Jly Leff Bl��k � iJ:'�Lezrses�'I'it�i�s [31k. I.cas+�-k�ack'i'e►tzp C�SI l.tlac Pa�e 2 IN 'WlTNESS WHEREC7F, the par�ies h�reta haue executed tF�is �irst Amendmen� #a Qrainage Ea��ment l�greeortent as of the da�e s�t fort� abQVe. Cauntersign�d; : Ge�� N. Cr�tekos, Iti+fayor A��arc�ved as fo fr�c��n: Laura Lipowski Maho�y, Assistant City Attflrney STATE []F FLORIaA a ; ss COUNTY t7F PINELLA� : CfTY C1F CLEA{�WATEI�, FL4RIdA Wiifiam B. Hr�rr�e, II, Ciiy Man�c�er Att�st: R�s�marie Call, City Cler�C BEFQRE ME, the under�igned, �ersonally ap�eared Gec�rge N. Crete�COS, and Wikl�am B. Hc�rr�e, l!, Mayor and City Nlanager respectively of t�� City of ��e�rwat+�r, FiQrida, wha execu#�d �he for�ega�r�g insirum�nt and ac#�nr�wledged th� �xecution t�er�c�f #� be their #ree a�t and �eed for the �se and purposes h�rein set forth, and who are p�rsanally known t� me. 2�d�2. WITNESS rr�y h�nd an�i afficial ��al �his �latary Pubiic PrintlType �ame 1P:1,Lc.�s�s'�Tir��t;s �31k. Leasc-174�ck 7'e��ap 05il.doc I'a�;c :� day af My commissiar� expires: 0 N � � � UVit ess�s: � '� _ � 4 �� . .. . W3tness ��-�-�- � � �` i � __ - _. Print Witn�s"� hlarn� STATE O'� �LCIRID►4 : ss C+�U�1TY C)F PINELLAS ; CRUM PR(�PERTIES If, LLC g . �1'T'� �� - ��*' ' �'l"l � +rg� W i # � o- r -----_..._......_. F'ri�-�t �la��e I 7itle (C�RF�C}RATE �EA.L} BEFUR� ME, th+� und�rsign�d, persor�ally appearec� , , � �� ¢ , ; : ;. , as of Crum Properties I I, LLC, a Fl�rida limited liabil�ty corr�p�ny, vuho executed the foregoing instrument on behalf a�f said LLC and acknowledged #he executian th�r�of to b� �rislh�r free act and deed for t�e use �ne� purpc�ses herein set forth, and wYao is personally knQwn ta rne. �012. INITNE�S my hand ar�d official seal this �',�`�i,` � day af " � . � ,. ;' ,, - , � �_G'�--. ' i:��c: � u; �� L:'_;Lw� �=� r_. lVvtary Public d r�' ! ' C_ � __, PrintlTyp� Name i1:1,E.e�sesj`1"imes �lk. l.cas�-hack'1'�i�3� [�51 l.d�c �'��e 4 0 N � � N � My cc�mrnission �xpires: .�;� -::�' �.� �� ' " RH[�6�1[}A G 1MRGERS �. �':, -_ .�� -•: Nalary Public • Stale at F�arida `� , My Ccmm. Ex�ires Apr 25, �014 Cc�mmission # fl� 985129 t �t ,,f „�>; :: �a��,,• �cr.CeJ ihrt�ugh h�lianal 3rgi�ry Aasn. EXH{BIT `"A" .�� :� LDTS 16, 17, and 18 13l�UCK S(alsa knawvn as subdividcd Lot 5] of the REViSED MgP �1F R.H. P��3GETT°� SUBUIV1SIaN, ��s recnrried in Plat Baolc 4, page 32, of tlie Pu�lie Records aF �inellas Cc�unty, Fla�-id�a. _r �L�rl.�� The West 2/3 t�F LQt 9, All af i�c�ts 1Q and 11 A�lD t}�e Narth 6�1.0 feet af Lats l� and 13 �f W.F`. HLIGHEY'S SUSCIIV[5t�1N, z�� r�ec«r-c�ed in �Iat F3c�c�l< l, p�ge 7[l, �f tl�e Piil�lic Kecorcl� c�� o Pin�ltas Ct�i�s►ty, F�r�a•id�s, � E P��f�CEf� ��; °' � (:ni��it�i��ce. at i�cartl�ea5t cc7��c�- of [Jrrt 7 c�€� f��1�:�ccii�E�3�'s ti��1:7., 9�ecnrcl��1 ir� �'I�at I3c�oh ��, f'��e �3=} at tlie Pu�lic Rero�`ds of� Pi�7�li�s Cc�ui�ty, FL. l�Iscr ��it�g che �n�atlawest Larn�r c�t C�c�ulci Str��t anri Madison A►�enu�. th�nce 5 0°Q4'11" E a di�tance of 50.I�' a�on� thc w�s� Right m� Way of M�ciisan AVen�re to a�otnt c�Fbeginr�in�, al�o being th� nortt��si carner a� l,ot 8. theilce r-un 5 Q°�ZQ`�7`" W a distar7ce c�f 99.84' al�ng s�id west �igl�t of W�y e�F Madison Aver�ue; Tfi�n�e run S 0°15'14"' E a dist�nce aF30.00" �lcang west �i�ht of Way oE Mad►sa�� A�enue; fhenee N 88°5�'4-1" W��fistance aF90�.00', ther�ce 5 34°44'2�"' U11 a distar�ce af 23.ZZ'; thence N 88°52'41" W� disC�ne� nf 32.71',' therrce I� 0°13"56" 'V'V a dist��nre Qf 4$.45°; th�nc� N 89°15"{lZll'L+V a distaT�ce c�f 14.30'; thc.nce N D°3L�'4�'�" E a d�stance of'�9.95'; therace S 85�°1Z'35"' E a distance oF 15[}.[lQ' tp tfie �oint oFl�egi��ning. p1ERGE ST i I � — I, , I —� I W- Q w _ Q � � � z �Y i ;' i� � _ 's— !� H I 9 � � � ,. J r' r � z . � � Qc G � COURT ST � i i i Attachment number 2 \nPage 1 i---�-------�--�–�__ � , _ --- i ---,-- i-- � --, --�----�--- wi �------�----� Q 1 I �—t--+—+-- I —�-- � � I I I z i � � I I I O I --L—�—L— � — � -- � j � w Q � � Q � � � � TURNER ST � i i � i i f— I I � � O � � � � �T I � � OLegend N z Clearwater F i rs t Am e n d m e n t to � Planned F.S. #45 Property U � Proposed Drainage Area W E P,ePa,ed bY: D ra i n a ge Ag reem e nt Engineering Depar[ment � Existing Drainage Area It m# 2 Geographic Technology Division 100 5. MyrUe Ave, qearwateq F� 33756 Ph: (727�562-4750, Fax: (727�526-4755 Map Gen By: CRM Reviewed By: C_L Date: 12/28/2072 Grid #: 287A S-T-R: 75-29S-15E Scale: N.T.S. www.Myqearwater.com Path: V:\GIS\Engineering\�ocation Maps\Drainage Easement Agreement for Firestation Court St.mxd Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/14/2013 Provide direction on the proposed recommendations of the Business Task Force regarding the Development Agreement process. (WSO) SUMMARY: The Business Task Farce recommended that the Development Agreement process, which requires a Leve13 review, be revised to have City Council review and approve Development Agreements and conceptual site plans without having a final site plan reviewed and approved by the Development Review Committee (DRC) and/or the Community Development Board (CDB). The Task Force recommended this change in process to ensure that any unforeseen requirements demanded of the applicant by City Council be known prior to investing in completing the development review process. Community Development Code Section 4-606 and Flori� Statutes Chapter 163 regulate Development Agreements. Pursuant to Code Section 4-606.A, the purpose of such agreements isto "encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development." Both Florida Statutes and the Community Development Code require a finding be made that the proposed development is consistent with the City's comprehensive plan and land development regulation. Development Agreements have primarily been used in Clearwater in conjunction with land use plan amendments and rezoning applications to restrict maximum development potential in order to limit traffic impacts and ensure neighborhood compatibiliry; to allocate density through the hotel density pool and hotel density reserve on Clearwater Beach; and to provide a mechanism for pbasing far large projects. It should also be noted that the Code and Florida Statutes allow a development agreement to vest a project up to a maxiinum of 20 years. Initially the Planning and Development Department did not object to the Task Force recommendation but upon further review is concerned that the structure of the City's Community Development Code would not support revising the process as recommended by the Business Task Force. The Planning and Development Department has consulted the City Attorney's office and believe the following points should be considered. Florida Statutes and the Community Development Code (Section 4-606.G.1) require that a plan be submit�d that is consistent with the Community Development Code. The Clearwater Code is unlike other codes as setback, height, and parking standards are often set forth as a range and the exact number is determined when the DRC or CDB makes a finding (based on competent substantial evidence) that the flexibility criteria and genera] standards are met. Also, certain uses can only be approved by the DRC ar the CDB. At present, City Council is not the body authorized to make decisions on site plans. Approving a conceptual plan that requires CDB approval creates certain expectations by the Developer and potentially creates issues for the DRC or CDB. What are the implications if the DRC/CDB does not approve a site plan that contains the setbacks/heights/parking standards Council approved? Such a process could create conflict and ultimately litigation. • Florida Statutes require that legal notices include a project's densiry, intensity and height of development. It is not clear how Council can approve a building height in a conceptual plan when the Community Development Code authorizes the DRC and CDB to approve height. What are the implications if Council approves a certain height and the CDB does not? This is another area where conf1ict could be created. • Having a process where City Council reviews and approves a development agreement and development plan that is conceptual in nature does not meet the letter of the law which requires a finding to be made that the development plan is consistent with the City's land development regulations. The conceptual plan may be something that can be approved but such a finding cannot be made unless the site plan is approved by the appropriate approval authority i.e. DRC or CDB. • The Development Review Committee is comprised of the departments that review plans for impacts on public facilities and provides a recommendation to the Community Developinent Coardinatar/CDB that adequate facilities exist t�9Ni�� proposed development. Having Development Agreements go to Council without the benefit of detailed site pl�,la,�vi�� deprives City Council the benefit of such review. Can the concurrency requirements of the Code and Florida ��atu es be met if the specifics of the public facilities and services have not yet been developed? • The Planning and Development Department is concerned about City Council being in a position to negotiate issues with a conceptual plan as was the case with the Development Agreement submitted by Aviation Engineering Consultants, 2750 and 2754 Sunset Point Road. That case was submitted to City Council without the benefit of being vetted through the DRC/CDB site plan review process and City Council ended up negotiating changes to the site plan with regard to fencing, buffering/screening, architecture, etc. to address neighbarhood concerns. These issues would normally be resolved through the formal site plan review process. The Planning and Development Department is seeking Council's direction as to whether or not City Council would like the Planning and Development Department to create a new process in the Community Development Code that would allow Development Agreements and their corresponding plans to be reviewed and approved by City Council without the review and approval of a final site plan by the DRC/CDB. Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Legal 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 21 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Verbal Report on Outdoor Cafes in the OSR District (WSO) SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 22 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Appoint one member to the Parks and Recreation Board with term to expire January 31, 2017. SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Ray Shaw MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Long Center - 6:30 p.m. APPTS. NEEDED: 1 Meeting Date:l/14/2013 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM WHICH EXPIRES AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE: 1. Jonathan R. Wade, Sr. - 1107 Carlton St., 33755 - Original appointment 1/18/01 (0 absences in the past year) (currently serving 3rd tem which expires 1/31/13 - was reappt. 1/15/09 m�ting) Interest in Reappointment: Yes (Wants to serve again) THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: Dominick Calderoni - 3070 Cascade Dr., 33761 - Retired/Realtor Ric Ortega - 1949 Carlos Ave., 33755 - Architect Zip codes of current members on board: 1 at 33755 2 at 33761 2 at 33764 2 at 33767 Review Approval: 1) Clerk Cover Memo Item # 23 DEC-2'7-2012 14�21 UAMC SOCIAL WORK Attachment number 1 \nPage 1 7273191�12 P.01i�2 CITY OF CLEARWATEI� - APPLICATI�N FOR ADViS4RY B�ARDS (must be Cleanwater resident) �--� � �'"1.��.�v� _ . �:�.�..�. � ��' f--. Home Address: ! � �� Y�'1.��.� 5or, ��- � l,� z; �� .� Te{�phone: �r�? 3�'l�'�e�o��%� �� Cell Phone: �v� �7 �� `� �� Offioe Address: _ Z�p Telephone: � E-mail Address: , C' � � �� oJ How long a resident of Clearwater? �� 'r`� �ccupation: �-� �e�►s� �Z��c�...Q 'rr4 �/�,/Emp{oyer: Field of Educa#ion: �.s -�-� � S � �; � ��,r ��-. i°��5 d � � .�c�h*�n� �� lf retired, former occupation: Community A�tivi#ies: r � �,r C� l► w, ather Int�rests: � � i �b" Board Service (curren# and past): r rv��, �� s �J�, ��.. b�r� �� AdditioJ]al Comrnents; _ r1. 1.� , � 1s�.--c+��.�--+-� �J �`� c� Signatu Other Work Experience: n 1��__ � Nor �� c�.d � c.�,� �� c. �� :J�' or� a � �� 1v;� l�� 1Board Preference: -�, �� ,.. `��,r � � f�-.�. �- �� --.� �--� �y�, � � � �n r� � 1.`� li, f.t c�� L �.c� � a�t�: �� Y � 7 �� -- See att�ched list for bosrds that require financial disclosure at time af appointmeni. Please retum this applic�#ion and board questiannaire to the Official Records 8� Legislative Services Department, P. O. Box 4748, Clearwater, FL 33758-474$, or drop ofF your application at City Hall, 2nd Floor, 112 S_ Osceola A�enue_ No1�: For boards req_uirinq Clearwater,residencv. this application must be accompanied by a copy of one of the followin : � • Current voter registration within city limits . Valid current Florida Drivers' License issued to an address within city li ��.. _� * pecl�ration of Damicile fiied r++►ith the c'ity clerk �ffirming residency wi#hin cr4"�ylimits �� 2 7 20�2 ��:°� ��,�. �� 23 L��T�� `� �� Attachment number 1 \nPage 2 DEC-27-2012 14�21 VAMC SOCIAL �IORK 7273191012 P.02i02 BDARD C1U�STIONNAIRE 1. What is your understanding of the board's duties and responsibilities? � � al� -, s -� �r � ��. �. l;� �� --�-� h � t,� ►�-�-�--�� d1. � s�.-�-�.� ` .� . � � CS`�-�� a��.fi-o t�.S J �...�/'; �j�-.� � ._, Z_ Have you ever observed a boarcl meeting either in person or on C-�ew, the City's lV station� Y�.�v+-� ,,,.� �� ... � �r 1� � ` � �. �.--. �._. =� ~ ► �--�. 3. What b�ckground �nd/or qualific�tions do you have that you feel would qualify you to serve on this Board? � 'n �_... t�.� � � . �1r, t��,f' � C�� _ t '� � � ��- �-'-�` '��r`-� �'t'`� , � 4. Why do you want to serve on this Board? r''t� l _ _ � � � _ _ . . t � / 1/7 _ _ --t'1 _ � _ r �C .n ��L � � � A c.�.�-,� �-� � �� N�me: ��- Board Name: �.�`�` `�` �� . Item # 23 �Y��l:l��a ._ _ _ __ _ Attachment number 2 \nPage 02/22/2012 1�:11 FAX � 002 CITY OF C[.EARWATER - APPLICATlON F4R ADVISaRY BDARDS Name :l7aminidc Calderanf Home Address; 3070 Cascade Dr. C�arwater. _ FI Zip33761 Telephone:727-796-8632 Cel{ Phane:727-56�5514 Wow long a resident af Ciearw�ter? S0+ years Occupation :RQ#ired �ield of Educ�tfon; B.A. USF .Grad work at S�mford Univ.�rsitv Office Address: Zi� telephone: E-mail Address:Dom3070�aol.com Employer: Other Work Experience: Reattor, Sotb�ll gnd Baseball umpire, Supervisor of Electian affice �or Pinellas If retired, �orrner accupation: Manager Waigre�n Co. Commurtity ACtivities :Volunteer USF Softball events, Clee�rw�t�r's Military Appreciation day, Little League Bas�s6aq Other Interests: Travel Board Service (current and past): Florida Ja�� Cauntrvside Little Leas�ue Board Preference: �� . . �,i �: Additionaf �omments: OFFtCL�! RECUU�DS � Signature: 1�`'`,� h,� s�� k�?� t, ��` s�.� f��-- Date: ��12� �TNE SRVCS Df PT ,� —�,.. ^ ,.,d. , See ai#ached list for f�oards that require �inancial dtsclosure at time of appoin#ment. Piease return this applicatian and board questionnaire to fhe Official Records & I�egislative S�rvic�s Department, P. Q. Bax 4748, ClQarwater, FL 33758-�4�`48, or drop off yaur applicaiion at City Hall, 2nd Floor, 112 S. Osceola Avenue. Noi�: For boards rQauirin�_�learwatar residenCV,_�j� ��li��i�n mus# be accom��nied bv a Copv of ane of the fvll,r,�,wino: � Current voter registr�tion within �i#y lim�ts • Vaiid current Florida Drivers' License issued to an addre$� within c't'ty fimits + Declaration of Domicil� fll�d with #he city clerk affirmin� residency within c'rty limits Item # 23 - Attachment numbe 02/22/2012 1�:11 FAX 1�j043 BOARD t�UESTIONNAIR� 1. What is yoUr understanding af the board's du#ies and responsibilities? A board of this nature is establi�hed and maintained as an aid to #he Parks and Recreation Department. As citizens of Cle�rwater, acting es a bosrd �n provide different views and fresh ideas. As I�m sure you know sometimes thinking dutside the box is beneficial. 2. Wa�e you e�er obser�ed a board meeti�g either in person or on C-View, the City's N station7 _yes 3. What background �nd/or qual�fcations do you have that you feel would quallfy you to serve on this Board? As a parent to three children I have been actively invoived with their sports programs fram th�a first days of littie league and soccer to their high schaal invol�emen# in these sports. Whil� president of the Dade City Jaycees , I was invol�ed in m�ny projects for #he betterment of the city. This included sponsoring a drive #o build the first public poof. 4. Why do yau want ta serve on this Board? _To assist in keeping Clearwater as one of premier sports and event venues in Florida Name: Dominick ��leroni Board Name: �' �r 12 Item # 23 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS Name: Ric Ortega (Ricardo J. Orteqa) Home Address: 1949 Carlos Avenue Office Address: 29 W. Oranqe Street Attachment number 3 \nPage 1 Ciearwater FL Zip 33755 Tarpon Springs, FL Zip 34689 Telephone: Telephone: 727-938-2835 Cell Phone: 727-403-4320 E-mail Address: rortega a hoffmanarchitects.net How long a resident of Clearwater? 18 yrs. Occupation: Architect Employer: Hoffman Architects Field of Education: Community / Urban Desian Other Work Experience: Insurance Personal lines If retired, former occupation: Community Activities: Current: Clearwater Little Leactue Board Member. Clearwater Neighborhood Coalition. Past: Belleair Civic Association, Belleair Cable Television Franchise Aqreement Ad Hoc Committee, Skycrest Neighbors- Founder Other Interests: Family, Coaching Youth Sqorts Board Service (current and past): Historic Preservation Board Parks and Rec Board Main Street Desian Committee Board Preference: � �. � i �� _ �:�� .__ � �, �. � , Additional Comments: C3�ri�io�. �� ,�:��: Signatu See attached list application and b Clearwater, FL � Date: %� /��l' / / ;'boards h require financial disclosure at time of appointment. Please return this questio n' e to the Official Records & Legislative Services Department, P. O. Box 4748, -4748, rop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. Note: For boards 'requirina Clearwater residency, this application must be accompanied bv a co� one of the followinq: • Current voter registration within city limits • Valid current Florida Drivers' License issued to an address within city limits • Declaration of Domicile filed with the city clerk affirming residency within city limits Item # 23 Attachment number 3 \nPage 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? As an advisory board the Parks and Rec Board Members provide the City feedback and oqinions, on projects for maintenance, improvements and development of city parks and recreation facilities. 2. Have you ever observed a board meeting either in person or on C-View, the City's N station? No....not Parks and Rec....but have seen other board meetinqs, and Commission meetings, in person, on C-view and recorded online. 3. What background and/or quali�cations do you have that you feel would qualify you to serve on this Board? MY,passion and love for the citv that I adopted many years ago as my new hometown for myself and mv children. 4. Why do you want to serve on this Board? "Want" is not a word that is apnropriate here as "to wish, need, crave, demand, or desire" are not the most accurate terms...but if asked to serve mv citv and communitv a�ain I would be honored to do so and alwavs enloY participation within mV communitV. Name: Ric Orteqa Board Name: Parks and Recreation Board Item # 23 SUBJECT / RECOMMENDATION: Work Session Council Chambers — City Hall Meeting Date:l/14/2013 Approve an agreement with Alcalde and Fay to provide lobbying services at the federal level from January l, 2013 through December 31, 2018 at a cost of $4,000 per month, plus expenses estimated not to exceed $3,200 per year, and authorize the appropriate officials to execute same. SUMMARY: Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the federal level. Request for Proposal 06-13 (RFP) was released to select a provtler of these services. Responses were received from Alcalde and Fay, BGR Government Affairs, CRD Associates, The Normandy Group, Three Bridges Advisors, and Van Scoyoc Associates. The evaluation committee, consisting of the Assistant City Manager, City Attorney, City Clerk and the Finance Director, reviewed the written proposals on December 3, 2012. Selection criteria were: Overall Quality of work plan, Experience, Qualifications of Team, and Cost of Services. Presentations were provided by Alcalde and Fay, Van Scoyoc Associates, and The Normandy Group. The committee rated Alcalde and Fay to be the most responsive to criteria established in the RFP. Alcalde and Fay has been the City's federal lobbyist since 1998 and the City has been satisfied with their services. Alcalde and Fay proposed a decreased rate from the previous contract, which was a$5,500 monthly-retainer plus travelexpenses not to exceed $1,000 annually. Annual costs for this contract will be included in the Official Records and Legislative Services operating budget under appropriation code 010-09700-530100-513-000. The agreement may bce�ncelled at any time by either party with 30 days advance notice. Type: Operating Expenditure Current Year Budget?: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year Appropriation Code 010-09700-530100-S13-000 Bid Required? Other Bid / Contract: Yes 2013 to 2018 Amount Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment not to exceed $256,000 Bid Number: Bid Exceptions: None 51,200 256,000 RFP 06-13 None Cover Memo Review Approval: 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) ��l�r 7) Clerk Attachment number 1 \nPage 1 �� 3� ..ri1 �. RESPONSE TO �ITY OF CLEARWATER, FLORIDA REQiJEST FC�R PROPO�AL 06-13 FOR FEDEIiAL LOBBYING SER�TI�ES NovE1�tB�R 30, 2012 ALCALDE & FAY GOVERNMENT AND PUBLIC AFFAIRS CONSULTANTS 2111 wILSON BOULEVARD, 8TH FLOOR � ARLINGTON, �71RGINIA 22201(703) 84�-0626 Item # 24 ALCALDE BL FAY GOVERNMENT & PUBLIC AFFAIRS CONSULTANTS November 28, 2012 Mr. Michael Murray City Purchasing Manager City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Dear Mr. Murray: Attachment number 1 \nPage 2 Alcalde & Fay welcomes the opportunity to respond to the City of Clearwater Request for Proposa106-13 for Federal Lobbying Services. Alcalde & Fay, which is independently owned and ethnically diverse, has nearly 40 years of proven success in effectively managing issues and representing clients before the federal ' government. We bring a strong bipartisan orientation to our public and government affairs practice and our representation of public entities throughout Florida has enabled us to develop close working relationships with the entire Florida Congressional Delegation. Indeed, we are privileged to represent over 70 public bodies before the federal government frorn across the country including California, Michigan, New Mexico, Pennsylvania, Texas, and Virginia, and are considered one of Washington's top governmental relations and public affairs firms. Over the past several years, Alcalde & Fay has worked successfully with the City of Clearwater to secure legislative authorizations and appropriations that presently benefit the City and will continue to do so for years to corne. We would be honored to have the opportunity to continue providing federal lobbying services for the City of Clearwater in our nation's capital. I am authorized to bind Alcalde & Fay through signature on this correspondence. Please contact me at (703) 841-0626 with any questions or if you need additional information. �, � , � / �i f� � ��'� Danielle McBeth Partner Enclosure Item # 24 2111 WILSON BOULEVARO 8TH FLOUe ARLINGTON, VA 22201 PH (703) 841-062G FAX (703) 243-2874 Attachment number 1 \nPage 3 TABLE OF CQNTENTS MINIMUM QUALIFICATIONS TAB A ■ Experience and Expertise in the Federal Legislative Process ■ Ability to Represent Local Government Clients Before Congress ■ Ongoing Relationships with Members of the Florida Congressional Delegation ■ Ongoing Relationships with Key Members and Congressional Committee Staff and Executive Branch Agency Staff ■ Familiarity with Federal Agencies and Demonstrative Relationships with These Agencies HISTORY AND BACKGROUND ■ List and Description of Outcomes of Public Sector Projects and Initiatives Worked on in fihe Past Five Years, Including Key Contacts ■ Experience With Local Government(s) in the Last Five Years ■ List of Clients for Whom Similar Services Were Provided ■ Detail of How Project Success Was Measured ■ List of Team Members Providing Services and Their Experience with Local Government ■ List of Clients for 2011/12 � � : : WORK PLAN TAB C ■ Approach to Scope of Services ■ Proposed Client Team ■ Firm Membership and Participation in Professional Associations FINANCIAL STATEMENT COST SUMMARY TAB D PROPOSED RETAINER Alc�rlde &Fay� GovernmeniandPu6licAffirrrs Consultanis TAB E Ite�mg#z 24 APPENDIX ■ Workforce Analysis ■ Organizational Chart ■ Sample Federal Legislative Update ■ Sample Legislative Assessment Memo ■ Alcalde & Fay Grant Alert Alcalde 6Fay� Gnvernmenf and PublrcAffairs Consultants Attachment number 1 \nPage 4 TAB F Ite pg#324 EXPERIENCE AND EXPERTISE IN THE FEDERAL LEGISLATIVE PROCESS Founded in 1973 by Hector Alcalde, the government and public affairs corporation of Alcalde & Fay has built a distinguished reputation for successful representation on behalf of numerous public bodies and corporations. Alcalde & Fay personnel include a former Member of Congress, senior staff from Capitol Hill and khe Executive Branch, presidential appointees, and lawyers as well as public relations and marketing specialists. During its 39-year history, Alcalde & Fay has built a dist-inguished reputation for successful public policy representation on behalf of numerous municipal governments, as well as a myriad of corporations including those in the transportation, maritime, environmental, communications, health care, energy and defense industries. Attachment number 1 \nPage 5 Successful representation of public and quasi-public entities is a highly refined niche requiring a specialized skill-set only acquired by experience in representing suc11 organizations; a niche in which Alcalde & Fay has honed our expertise. This expertise with public sector clients is illustrated by the fact that we have continuously represented the Tampa Port Authority, our firm's first client, since our founding. In addition, many of our public clients 11ave utilized our services over the past decade and several for 20 years or more. We have decades of experience navigating the appropriations, authorizing and competitive grant processes on Capitol Hill and within the federal departments, assisting our clients in obtaining directed funding and policy provisions for public projects. Our range of expertise is broad and substantial — from transportation and infrastructure projects to those related to environment and water resources; law enforcement and emergency services; community and economic development; health and social services; among others. Alcalde f�Fa,�� GovernmentarrdPu6licAffirirs Cvnsuliants It g#424 Attachment number 1 \nPage 6 Drawing on the expertise of our staff, we are able to provide effective advocacy on behalf of clients with Congress, regulatory agencies, the White House and numerous federal agencies. Over the years, we have worked closely with many members of Congress, congressional staff and political appointees, several of whom are in positions of seniority and leadership. These relationships, combined with our understanding and experience in the public policy decision-making process in Washington, enable us to be effective advocates for our clients' goals. Alcalde & Fay will be your eyes, ears and voice in Washington DC — representing you before Congress and the Executive Branch, guiding your issues and priorities through the various processes, whether assisting with budgetary analysis and impact or helping to shape federal policy. ABILITY TO REPRESENT LOCAL GOVERNMENT CLIENTS BEFORE CONGRESS Alcalde & Fay was one of the first government and public affairs firms to specialize in federal advocacy for public bodies across the country including cities, counties, airport and seaport authorities, school districts and universities. Currently, our firm provides services to more than 100 clients, a large percentage of which are public sector clients including several in Florida. Other clients are based in Arizona, California, Iowa, New Mexico, Texas, and Virginia. Drawing on the expertise of a former Member of Congress and Congressional staff, we are able to provide effective advocacy on behalf of our clients with Congress, regulatory agencies, the White House and various executive agencies. Over the years, we have worked closely with many members of Congress with direct responsibility over those areas of particular significance to the City, including infrastructure improvements, community revitalization, transportation, agriculture, health and human resources, and homeland security. These relationships enable us to be effective advocates for implementing the Cit�s federal legislative agenda, along with other local governmental entities. ONGOiNG RELATIONSHIPS WITH MEMBERS OF THE FLORIDA CONGRESSIONAL DELEGATION As our founder was Chief of Staff to a Congressman from Tampa, our client base naturally began in Florida. Alcalde & Fay provides governmental relations and public affairs consulting to numerous entities throughout the state of Florida, of which over 40 are in the public sector. Partly as a result of these clients, we have established and Alcalde f�Firy� Gar�errrmerriandPublicAffairs Consultanis I te� �#524 Attachment number 1 \nPage 7 maintained strong relationships with the Merribers of the Florida Congressional Delegation, as well as with their senior staff. We are confident that each of the Members referenced below, the listed congressional contact, as well as incoming Representatives Alan Grayson (R-9�) and Joe Garcia (D-26�') can personally discuss the qualifications of Alcalde & Fay. Senator Marco Rubio (R-FL) Congressional Contact: Cesar Conda Senator Bill Nelson (D-FL) Congressional Contact: Peter Mitchell Representative Jeff Miller (R-1St) Congressional Contact: Dan McFaul Representative Steve Southerland (R-2nd) Congressional Contact: Jonathan Hayes Representative Ander Crenshaw (R-4tk) Congressional Contact: John Ariale Representative Corrine Brown (D-5th) Congressional Contact: Ronnie Simmons Representative John Mica (R-7tk) Congressional Contact: Wiley Deck Representative Bill Posey (R-8th) Congressional Contact: Stuart Burns Representative Daniel Webster (R-10h) Congressional Contact: Pepper Natonski Representative Richard Nugent (R-11rh) Congressional Contact: Justin Grabelle Representative Michael Bilirakis (R-12th) Congressional Contact: David Peluso �4lcalde �Fa,r�� GovernmertiandPublicAffairs Cansultants It p8#624 Representative C.W. Bill Young (R-13th) Congressional Contact: Harry Glenn Representative Kathy Castor (D-14rh) Congressional Contact: Clay Phillips Representative Dennis Ross (R-15rh) Congressional Contact: Fred Piccolo Representative Verrc Buchanan (R-16'�) Congressional Contact: Dave Karvelas Representative Tom Rooney (R-17'�) Congressional Contact: Brian Crawford Representative Alcee Hastings (D-20r'') Congressional Contact: Lale Mamaux Representative Ted Deutch (D-21St) Congressional Contact: Joshua Rogin Representative Debbie Wasserman Schultz (D-23rd) Congressional Contact: Tracie Pough Representative Frederica Wilson (D-24rh) Congressional Contact: Thomas McDaniels Representative Mario Diaz-Balart (R-25rh) Congressional Contact: Cesar Gonzalez Representative Joe Garcia (D-26r'�) Congressional Contact: TBD Representative Ileana Ros-Lehtinen (R-27'�) Congressional Contact: Arthur Estopinan Alcalde �Fay� G'overnmeniand PublicAffirirs Consulfants Attachment number 1 \nPage 8 I tep �#�24 ONGOING RELATIONSHIPS WITH KEY MEMBERS, CONGRESSIONAL COMMITTEE STAFF� AND EXECUTIVE BRANCH AGENCY STAFF The longevity and the nature of our practice has afforded Alcalde & Fay the opportunity to collaborate closely with most of the current leadership, committee chairmen, and ranking minority members in both the House and Senate in a truly bipartisan manner. As proof, the firm counts amongst its partners a former Republican Member of Congress and the former Staff Director of the House Transportation & Infrastructure Committee who worked for a Democrat. __. _ _ _ -- _ - -- _ This has allowed the firm to assist its clients in securing success on their priorities in times of both Democratic and Republican control of Congress or the Administration. Attachment number 1 \nPage 9 The firm has longstanding established working relationships with many members of the Florida delegation, including Senators Bill Nelson (D) and Marco Rubio (R), with whom we have worked on behalf of several of our Florida clients. However, beyond relationships with the City's delegation which also includes Representative C.W. Bill Young (R-13�''), it is more important to Clearwater's objectives for your Washington representative to have solid working relationships with key chairmen, ranking members, party leadership, and senior staff in both political parties. At Alcalde & Fay, that is our strength and an area where we have the most to contribute to the City's federal advocacy effort. For almost four decades, we have worked with leadership and senior staff of many of the congressional committees, who will be instrumental in achieving the goals of the City, including House Transportation & Infrastructure Chairman John Mica (R-FL). Firm members have known him since he was a staff inember in the US Senate, and Ranking Member Nick Rahall (D-WV). At Alcalde & Fay, our strong relationships with committee leaders is our strength and an area where we have the most to contribute to the City's federal advocacy effort. Moreover, our long-standing relationships, based on professionalism and mutual respect, enable us to "stay ahead" of developments that might be a priority to our clients and allow us an opportunity to provide input while legislative initiatives are in their earliest evolutionary stages. Through our representation of clients from across the country, we are capable of promoting the City's initiatives to other key leaders on Capitol Hill who are not from Item # 24 Alcalde &Fit,rJ� Governmenf and Pu6licAffairs Consuliants pqge 8 Attachment number 1 \nPage 1� Florida. Perhaps most importantly, the firm is well acquainted with key committee chairmen and ranking members of Congress who will be instrumental in achieving the goals of the City, such as those that chair the House and Senate Appropriations Committees, House Transportation and Infrastructure (T&I) Committee, Senate Commerce, Science and Transportation Committee, Senate Environment and Public Works Committee, House Ways and Means Committee, and Senate Finance Committee. Each of these Committees play a critical role in legislation affecting municipal bodies and our familiarity with these Committee members and their staff will be beneficial in advocating on behalf of the City's priorities. Principals in our firm have known T&I Committee Chairman John Mica (R-7th) since he was Chief of Staff to former U.S. Senator Paula Hawkins. We also have longstanding working relationships with several of the subcommittee chairs and ranking members on the T&I Committee, as well as the other pertinent committees. Skip Bafalis, Partner, forrner Member of Congress from Florida, served ten years with positions on the House T&I and Ways and Means Committees. Many of his former colleagues now hold leadership positions in Congress. Mr. Bafalis served in the State Legislaiure with House Appropriations Defense Subcommittee Chairman C.W. Bill Young some 40 years ago. Paul Schlesinger, Partner, served as the Staff Director of the House T&I Committee. As a consequence, many of the senior staff currently on the T&I Committee served under Mr. Schlesinger's tenure. josh Gaboton, Partner, served on Congressman Mica's personal staff for eight years. FAMILIARITY WITH FEDERAL AGENCIES AND DEMONSTRATIVE RELATIONSHIPS WITH THESE AGENCIES The varied nature of our practice and the diverse backgrounds of our professional staff allow Alcalde & Fay to maintain strong contacts with political appointees and senior career staff throughout the federal government. We enjoy excellent relationships with the intergovernmental and policy staffs at those federal agencies significant to transit agencies and municipalities. If privileged to represent the City, we will continue to closely monitor the policy initiatives of these federal agencies to identify issues and beneficial opportunities. �ai�TwW� ��asrep�r �y n.r„"c � � � _ / � �� = J� Y �� Q v� �SlATEg oF * 'R'n° ,J`�e° ""s _ s � � � x..�� ''",k�,�,.�°' ��r,«.uF°°`` OeyART.ya, p}Itt.vlO.HG. r� T w �I y�� ' iiiidii *�:} �ANDSt�` ,� �A ri� Ru�_ - We have long-standing relationships with leadership at the U.S. Departrnent of Transportation (DOT), including at the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Surface Transportation Board, Federal Aviation Alcalde &Fa,r/� Governrirent and Pu6lrcAffirirs Consultants I te�m�,#924 Attachment number 1 \nPage 1 Authority, and the office of the Secretary, to narne a few. In addition, we have extensive contacts and significant experience with the Departments of Agriculture, Energy, Interior, Labor, Homeland Security (Federal Emergency Management Agency - FEMA and Transportation Security Administration - TSA), Commerce, Justice, Housing and Urban Development; the Environmental Protection Agency (EPA); and the Economic Development Agency (EDA). We recognize how important it is to understand the impact of pending federal legislation emanating from federal agencies as well as their regulatory processes. Associations can be of great assistance in addressing these issues. However, because of their size they cannot always be responsive to the individual needs of each of their members. Although we routinely work with these national associations, such as the U.S. Conference of Mayors, National League of Cities and the National Association of Counties (NACo), we strive first and foremost to meet the unique goals and objectives of each of our clients. We will monitor pertinent legislation and inform the City of significant legislative developments as they occur. We are prepared to promote passage of any legislation of particular interest to the City and will work to affect the final bill to assure your maximum benefit. Alcalde &Fa,r�� GovernmenfandPublicAjfairs Consulfirnts Itp�e� 24 Attachment number 1 \nPage 1 LIST AND DESCRIPTION OF OUTCOMES OF PUBLIC SECTOR PROJECTS AND INITIATIVES WORKED ON IN THE PAST FIVE YEARS, INCLUDING KEY CONTACTS AND DETAILS OF HOW PROJECT �UCCESS WAS MEASURED As required by the RFP, we have provided a list and description of outcomes of public sector projects and initiatives we have worked on during the past five years. The clients listed below are local governments for whom we provide similar governmental relations services and have contracts comparable to the current City of Clearwater contract. Key contacts and details of how success was measured are provided along with the contact information for each client listed. Alcalde & Fay is the sole consultant for federal lobbying services. City of Baytown, Texas Bob Leiper, City Manager 2401 Market Street Baytown, TX 77522 (281) 420-6500 Community Development Block Grant Alcalde & Fay has worked with several clients, including the City of Clearwater, to advocate for the full funding of the CDBG program in the annual T-HUD appropriations bill. On behalf of the City of Baytown, we worked to organize a tour for members of their Congressional Delegation to visit their CDBG project. T'he tour was intended to showcase the importance of the City's programs that are funded through CDBG as Congress considered the FY 2012 budget and significant decreases in the federal allocation. We contacted staff in the D.C. and district offices of the City's delegation, and were able to facilitate tours for Congressman Gene Green (D-TX), as well as by staff from the offices of Senator John Cornyn (R-TX), Senator Kay Bailey Hutchison (R-TX), Congressman Ted Poe (R-TX) and Congressman Ron Paul (R-TX). We coordinated the drafting and distribution of letters of support to Members of Congress, participated in conference calls and meetings with Members and their staff, and worked with organizations such as the National League of Cities and U.S. Conference of Mayors in support of this program. We were pleased with the positive responses that both we and the City received from Members and staff following the tours as well as the continued funding of the program for FY 2012. Alcalde £�Fa,�� GavernmentandPublicAffairs Consultants ItpB#�124 Attachment number 1 \nPage 1 Hillsborough County, Florida R. Brandon Wagner, Intergovernmental Relations Manager County Center I 601 E. Kennedy Blvd. Tampa, FL 33602 (813) 276-2640 Buy America Waivers Initiative On behalf of Hillsborough County, we were actively involved in working with the Federal Highway Administration (FHWA) to secure two "Buy America" waiver requests necessary to permit use of non-domestic machinery to begin rehabilitation work on two bridges built in 1929, the Platt Street and Columbus Drive bridges. In this instance, our goal was to expedite the waiver requests for two County bridges built over navigable waterways, resulting in constrained downtown roadway congestion. The FHWA waiver was necessary to begin work on a larger county-wide -- Road-Bridge Impravement Program. Hillsborough County and the State of Florida had filed a waiver request with FHWA, however, approval of all such waivers were "frozen" by the Administration. In early 2010, we contacted FHWA, were informed that FHWA had not issued a waiver since 2009 and, currently, were not permitted to do so. We worked in conjunction with Hillsborough County and key members of the Florida congressional delegation, to implement a strategy, and were able to determine that only eleven FHWA Buy America waivers located in six states were under consideration. Although members of the Florida, and Hillsborough County congressional delegations had written letters of support to FHWA, no action was taken on the pending request for an extended period of time. In June 2010, with a construction deadline pending, Alcalde & Fay's Hillsborough County team leader contacted key members of the House Transportation and Infrastructure Committee and requested assistance on expediting DOT's consideration of the County's "Buy America" waiver requests. As a result of these efforts, the administrative log jam at FHWA on these pending waiver requests was lifted, and the County was granted its two waivers, allowing them to begin work on these important infrastructure improvement projects. Miami-Dade County, Florida Joe Rasco, Director of Intergovernmental Affairs Stephen P. Clark Center 111 N.W.1st Street, Suite 1032 Miami, FL 33128 (305) 375-5600 Alcalde f�Fay� GovernmentandPublicAffairs Consultants Item # 24 page 12 Attachment number 1 \nPage 1� Urban Area Security Initiative (UASI) Alcalde & Fay has been coordinating a unified lobbying effort in support of adequate funding for the Ft. Lauderdale/Miami UASI. We host biweekly teleconferences with all of the constituent South Florida UASI representatives. We continuously apprise the County about developments in Washington in order to obtain their input about DHS directives as we advocate the County's priorities within the relevant Homeland Security appropriations and authorizing committees. As such, we have advocated for the restoration of UASI funding for FY 2013 to at least FY 2011 levels to reverse a two-year downward trend, and thereby increase overall funding to be available for the Miami/Ft. Lauderdale UASI. Additionally, we drafted and submitted proposed committee report language that would direct the Department of Homeland Security to allocate funds with consideration for the Ft. Lauderdale/Miami UASIs unique factors. We also asked that consideration - be given for UASIs like the Ft. Lauderdale/Miami UASI that have sustained consecutive reductions in allocations, unlike those deemed as a Tier 1 UASIs. We were pleased to report that through our efforts, Representatives Ted Deutch (D-19t"), Mario Diaz-Balart (R-21St), Alcee Hastings (D-23�d), David Rivera (R-25th), Debbie Wasserman Schultz (D- 20�'), and Frederica Wilson (D-17�") submitted our proposed committee language/funding level requests to the House Homeland Security Appropriations Subcommittee. As the FY 2013 Appropriations process moves forward, we are continuing to advocate for an increase in overall UASI funding and for strong direction through our proposed committee report language to the Departrnent of Homeland Security as to how it allocates UASI funds. Port of San Diego, California Irene McCormack, Vice President, External Relations Administration Building I 3165 Pacific Highway San Diego, CA 92101 (619)686-6462 Strategic Ports Initiative Alcalde & Fay worked with the Port of San Diego to develop a strategy to elevate importance of the Port's designation as a"Strategic Port" as part of its effort to draw attention to Base Closure and Realignment Commission (BRAC) related expansion needs. This campaign has resulted in inclusion of language in the National Defense Authorization Act (NDAA) on Strategic Port Assessment. Alcalde £�Fa,�� GovernmenEarrdPublicAffairs Consuliants I t � �e'1' 324 Attachment number 1 \nPage 1 In addition, Alcalde & Fay organized a Strategic Port Roundtable in the United States Capitol for U.S. seaports federally designated as Strategic Ports. This event was widely attended by Congressional Staff, Federal Agencies, Port Directors and other stakeholders to bring these interested parties around the same table to discuss the policy and funding needs and challenges unique to these U.S. seaports that are designated to support major force deployments in the case of a national defense emergency. The firm was successful in securing Sean Connaughton, Virginia Secretary of Transportation and former Maritime Administration Director, as the event's keynote speaker. City of Virginia Beach, Virginia Bob Matthias, Assistant to the City Manager Municipal Center - Administration Building Virginia Beach, Virginia 23456 (75� 429-4242 Beach Erosion Control/Renourishment Project Alcalde & Fay has a depth of knowledge with regard to Beach Erosion Control and Renourishment due to over 20 years of service to the City of Virginia Beach, a coastal community with great beach erosion control and hurricane protection needs. Over the course of our work for Virginia Beach, we have collaborated with City staff, the U.S. Army Corps of Engineers as well Members of Congress to insure that these beach nourishment needs are satisfied. Most recently, we helped to secure language in the FY 2012 Energy & Water Appropriations bill to allow locally-contributed funds be used for coastal storm damage reduction projects. This language will allow the City to use its own funds to renourish a beach this year in dire need of replenishment. In addition to protecting beachfront property, such nourishment activities act as a catalyst for both public and private investment in these areas. For the City of Virginia Beach, the beach is the heart of the City's tourism industry which generates millions of dollars in revenue each year. Renourishing this beachfront and protecting many residential and commercial properties and public facilities from storm damage is of the utmost importance. We have successfully assisted the City in securing over $100 million in federal dollars, which has allowed their beach erosion control project to function as designed during the Category 2 Hurricane Isabel that hit in 2003, averting over $80 million in damages. The importance of these beach nourishment projects to the locality, state and the region as an economic engine cannot be overstated. Consequently, we understand the significance of such activities for the City of Clearwater as it currently works to undertake a similar initiative and have the strengths and expertise to assist you with federal guidance in this process should the need arise. Alcalde &Fa,r/� GovernmentandPublicAffairs Consuliants Item # 24 pqge 14 Attachment number 1 \nPage 1� EXPERIENCE WITH LOCAL GOVERNMENT(S) IN THE LAST FIVE YEARS To follow are highlights of our successes that exemplify our experience on behalf of local governments over the last five years. City of Baytown, Texas ➢$500,000 for water and wastewater infrastructure improvements. ➢$400,000 for the flyover connecting Highway 146 and Spur 330. City of Clearzuater, Florida ➢$1 million for wastewater and reclaimed water infrastructure improvements. ➢ $537,500 for powntown Revitalization project. Fairfax County, Virginia ➢ Helped to secure language in the National Defense Authorization Act (NDAA) which would modify the criteria for the Defense Access Road (DAR) program allowing federal funding of projects "outside the fence" under DAR when mitigation is needed due to BRAC. ➢ Helped to secure language in the National Defense Authorization Act (NDAA) which limits BRAC implementation at BRAC 133 project location until the Secretary of Defense provides certain documents and certification. Flagler County, Florida ➢$486,288 grant under the Department of Homeland Security - FEMA Assistance to Firefighters Grant Program for the County's efforts to replace 15 cardiac monitor/defibrillators which have become outdated and obsolete. Florida Inland Navigation District, Florida ➢ Worked to secure a$30 million set-aside for Army Corps of Engineers inland waterway maintenance that would support the dredging of the Intracoastal Waterway in Florida. Golden Gate Bridge, Highway and Transportation District, California ➢$1.46 million — Assisted with successful DOT grant application for funding of a ferry fuel system. Hawkeye Community College, Iowa ➢$832,258 as one of 14 consortium members for the Bridges2Healthcare Program funded by Departxnent of Labor's Trade Adjustment Assistance Community College and Career Training Grant Pro�ram. Alcalde �F�� GanernmerriandPu6licAffitirs Consultanis Item # 24 yagel5 Attachment number 1 \nPage 1 Highline Community College, Washington ➢ Helped to secure congressional support for Sound Transit's successful TIGER III grant application. No portion of the grant will go to Highline, but students will use the transit to get to and from class once the project is complete. City of Jacksonville Beach, Florida ➢$7.335 million for the Duval County Beach Project. City of Key West, Florida ➢ Worked to secure a$29.66 million set-aside for the Army Corps of Engineers Section 219 Environmental Infrastructure program, the source of funding for the Florida Keys Water Quality Improvement Program. Melbourne Airport Authority, Florida ➢ Assisted the Airport Authority in obtaining a$1.5 million grant for an airport apron from the Economic Development Administration. Okaloosa County, Florida ➢ Worked to obtain an amendment in the National Defense Authorization Act to improve the Defense Access Roads (DAR) program by eliminating a requirement that traffic must double on surrounding roads before funds are delivered. Osceola County, Florida ➢ Assisted the County with changing the Environmental Protection Agency's impaired water status of Lake Tohopekaliga so that no total maximum daily load (TMDL) was needed for the Lake. Palm Beach State College, Florida ➢$230,000 grant under the Department of Education Educational Opportunity Centers Program to provide essential education advancement programs to low-income and first generation college students in Palrn Beach County. ➢$460,000 in cumulative grant funding under the Department of Education TRIO Talent Search Program for a targeted initiative to provide critical educational services to low-incorne and first generation college students in Palm Beach County, Florida. ➢$199,685 grant under the National Science Foundation to promote the improvement of the education and placement of technicians in Florida's biotechnology/pharmaceutical industry. Alcalde F�Fay� GovernmenfandPublicAffirirs Consuliants Item # 24 pqgel6 Attachment number 1 \nPage 1 ➢$255,505 in competitive grant funding under the Department of Education Student Support Services Program for an innovative program to increase college retention and graduation rates. City of Sanford, Florida ➢ Assisted the City in securing $1,133,670 from the COPS Hiring Program to hire an additional six sworn police officers. City of San Marcos, California ➢$782,640 — Assisted with identification of local project, DOT grant program, and preparation of application for funding of a pedestrian/bicycle bridge critical to development of transit-oriented development. Vietnam Veteran's Memorial Foundation ➢ Assisted Foundation with $1.9 miliion NEH grant to be part of a permanent endowment for the National Park Service to support the proposed Vietnam Memorial Education Center with future year's maintenance. City of Virginia Beach, Virginia ➢ Helped to secure language that would allow the City to use its own funds for beach renourishment. VSE Corp ➢ Arranged a B2B teaming of VSE Corp. to Turkish Construction Company seeking a U.S. partner to pursue U.S. government business in the Middle East (non-CONLTS contracts). ➢ Assisted with legislative strategy for Client appearance before U.S. Senate Armed Service Committee hearing regarding success and/or failure of small business set aside defense contracting. West Coast Inland Navigation District, Fiorida ➢ Worked to secure a$30 million set-aside for Army Corps of Engineers inland waterway maintenance that would support the dredging of the Gulf Intracoastal Waterway in Florida. LIST OF CLIENTS FOR WHOM SIMILAR SERVICES WERE PROVIDED The best documentation of our effectiveness is the longevity we maintain with our clients. We are proud that we continue to represent our very first client, the Tampa Port Alcalde �Fa.r/� GovernmentandPublicAffairs Consult�rnts Item # 24 yqge 17 Attachment number 1 \nPage 1 Authority, and a number of other clients have retained our services for more than two decades including Computer Sciences Corporation, Carnival Cruise Lines and Miami- Dade Countv. Please refer to our Client List 2011/2012 below for a list of clients for whom similar services are provided. LIST OF TEAM MEMBERS PROVIDING SERVICES AND THEIR EXPERIENCE WITH LOCAL GOVERNMENT Alcalde & Fay has represented local governxnents for nearly 40 years. During this time, the firm has developed a time-tested system to ensure that each of our clients receives superior service. As with any good organization, our greatest strength and your best assurance of our successful service on behalf of the City resides in the team that we would assemble to represent your interests in Washington. The anticipated needs of the City have been paired with the skills and experience of the firm's partners and associates to maximize the likelihood of success in implementing the City's federal legislative agenda. The City will have the assurance that the Client Team will always provide timely and appropriate attention to the goals of the City. Danielle McBeth, Partner, and former State of Florida employee, would continue to serve as Client Team Leader and provide oversight and leadership for implementing the City of Clearwater s overall federal legislative agenda. She will be directly involved in every aspect of our activities on your behalf. Kevin Fay, President, will provide strategic counsel and guidance in the areas of economic development, environment and infrastructure. Skip Bafalis, Senior Partner, who was elected to the freshmen class of Members with Congressman Bill Young (R-13'�), would continue to provide his expertise in the areas of the Federal budget, finance, and trade, and Congressional leadership. Perrin Badini, Associate, will continue to serve as policy specialist and would be responsible for issues ranging from arts and culture and social services, to transportation, education and agriculture. Collectively, these team members work on behalf of 35 local governments in areas ranging from environment and public works and transportation and infrastructure to justice, economic development, housing and social services. Although different members of the Client Team may take the lead on various projects, each of the team members will be knowledgeable and fully conversant with the City's issues. Alc�tlde £aFa,�� GaverrrmeniandPublicAff�irs Cansulianis Item # 24 yage 18 LIST OF CLIENTS FOR 2011�2012 Client Alliance for Responsible Atmospheric Policy Alliance Refrigerants Import Committee American Pacific Apopka, FL, City of Arison Family Trust Arizona Department of Transportation Association of California Egg Farmers ATF Group Babington Technology Baytown, TX, City of Boca Raton, FL, City of Bunnell, FL, City of CACI, Inc. Carnival Foundation Chincoteague, VA, Town of Clearwater, FL, City of Cocoa, FL, City of Contra Costa County, CA Cruise Lines International Association Computer Sciences Corporation Dallas, TX, City of Dania Beach, FL, City of Daytona Beach, FL, City of Deerfield Beach, FL, City of Destination Signing, LLC Dow AgroSciences LLC Dynamic Animation Systems, Inc. EOS Climate, Inc. Fairfax County, VA Falcon Safety Products Flagler County, FL Florida Inland Navigation District, FL Fresno County, CA Ft. Myers, FL, City of Fulton County, GA Golden Gate Bridge, Highway & Transportation District, CA Alcalde �Fa,/� Goverrtmerrt and PublicAffairs Consulfants Year(s) 30 years 3 years 5 years 1 year 12 years 1 year 1 year 1 year 4 years 3 years 16 years 1 year 5 years 12 years 2 years 14 years 7 years 11 years 32 years 35 years 12 years 1 year 4 years 15 years 1 year 5 years 6 years 1 year 5 years 1 year 1 year 10 years 9 years 3 years 2 years 17 years Attachment number 1 \nPage 2� Item # 24 pagel9 Goodyear, AZ, City of Hawkeye Community College, IA Hendry County, FL Highline Community College, WA Hillsborough Community College, FL Hillsborough County, FL Homestead, FL, City of Hopewell, VA, City of Hudson Technologies, Inc. Indiana University of Pennsylvania Intel International Climate Change Partnership Islamorada, Village of Islands, FL Jacksonville Aviation Authority, FL Jacksonviile Port Authority, FL Kenmore, WA, City of Key West, FL, City of Lake County, FL Lauderdale Lakes, FL, City of Lauderhill, FL, City of Leibowitz & Associates, P.A. Livingstone College, NC Los Angeles Airport Peace Officers Association M&M Energy Maitland, FL, City of Manatee County Port Authority, FL Marin County, CA Marion County, FL Melbourne, City of/Melbourne Airport Authority, FL Miami, FL, City of Miami-Dade County, FL Miramar, FL, City of Missouri City, TX, City of Mitigation Services, Inc. MWH Americas, Inc. New Mexico Tech, NM Oak Lawn, IL, Village of Ocoee, FL, City of Odebrecllt USA Okaloosa County, FL Alcalde f�Fa�� GovernmeniandPublicAffairs Cansulfants 4 years 5 years 9 years 1 year S years 18 years 9 years 4 years 5 years 6 years 4 years 20 years 1 year 23 years 26 years 3 years 6 years 10 years 6 years S years 1 year 2 years 1 year 7 years 11 years 5 years 21 years 6 years 6 years 6 years 35 years 3 years 1 year 1 year 1 year 9 years 4 years 3 years 1 year 5 years Attachment number 1 \nPage 2 Itpg �024 Okaloosa County - Tourist Development Council, FL Okeechobee Utility Authority, FL Operation Warm Orange County, FL Osceola County, FL Oviedo, FL, City of Owens-Illinois, Inc. Palm Beach County, FL Palm Beach State College, FL Pembroke Pines, FL, City of Pinecrest, FL, Village of Port Authority Police Benevolent Association, Inc. Port of Los Angeles, CA Port of Miami, FL - Prince William County, VA Putnam County, FL Rio Rancho Public Schools, NM Riviera Beach, FL, City of San Bernardino City Unified School District, CA San Diego Unified Port District, CA San Marcos, CA, City of Sanford, FL, City of Seminole County, FL ServiceLink Sonoma County, CA Sonoma County Water Agency, CA Sonoma-Marin Area Rail Transit District, CA South Daytona, FL, City of Tampa Port Authority, FL Transportation Agency for Monterey County, CA Transportation Authority of Marin, CA Treasure Island, FL, City of Tulare County Association of Governments, CA Virginia Beach, VA, City of VSE Corporation West Coast Inland Navigation District, FL Winter Park, FL, City of Alcalde f�Fa�� GovernmentandPublrcAffarrs Consultants 1 year 2 years 8 years 2 years 2 years 4 years 7 years 1 year 7 years 10 years 3 years 1 year 2 years 35 years 1 year 1 year 9 years 14 years 10 years 2 years 2 years 11 years 7 years 1 year 15 years 20 years 5 years 2 years 39 years 10 years 1 year 9 years 5 years 21 years 11 years 8 years 10 years Attachment number 1 \nPage 2 Item # 24 page2l Attachment number 1 \nPage 2 APPROACH TO SCOPE OF SERVICES A) The qualified Respondent shall be able to maintain a presence on behalf of the City of Clearwater in the Washington D.C. area. The quali�ied Respondent is required to have an office located in the Washington D.C. area. Alcalde & Fay is a government and public affairs firm headquartered in Arlington, Virginia, a short distance from the nation's Capital. We maintain a staff of more than 40 partners and professionals including a former Member of Congress, senior staff from Capitol Hill and the Executive Branch, and presidential appointees, all of whom reflect a rich diversity in both background - -- and expertise. Ot11er partners and associates have backgrounds in public relations, journalism, marketing and law. B) The qualified Respondent shall be able to provide timely information, assessments and reports on federal legislation, budgetary, and regulatory issues affecting the City of Clearwater. The information provided shall include monthly updates on city-related issues with emphasis on those issues specifically affecting Clearwater. Our team approach insures that a member of our team is always available to you and is familiar with your issues. We would continue to consult with the City on a regular basis, which has included routine phone calls and/or conference calls, emails, and meetings. We would respond to all requests in a timely maruler and coordinate all responses and/or actions taken. We would continue to provide our Federal Legislative Update, which summarizes the status of issues prioritized by the City, as well as provide timely reports such as the recently forwarded memoranda regarding the outcome of the November elections and anticipated makeup of the Florida Congressional Delegation. Please refer to the Appendix for these reporting sanlples. In addition, we monitor legislative calendars, publications, and the Federal Register for regulatory announcements impacting potentially impacting the City and provide adequate notifications of "Request for Comments' when appropriate. We will continue to provide timely updates on how various initiatives may impact the City's federal legislative priorities. Throughout the 112� Congress, we have communicated with the City regarding its federal priorities, including assessments and reports on federal legislation, Alcalde �Fay� GovernmentandPublicAjfairs Consultants I te� ge#1224 Attachment number 1 \nPage 2� budgetary, and regulatory issues affecting the City of Clearwater. Several of these issue areas are highlighted below. Sequestration On September 14, 2012 the White House released a comprehensive (394 page) report of the impact of the scheduled automatic spending cuts (i.e. sequester) scheduled to take effect beginning January 2, 2013. The automatic sequestration was triggered in late 2011 when the joint Select Committee on Deficit Reduction failed to propose, and Congress to enact, a plan to reduce the deficit by $1.2 trillion over 10 years (fiscal years 2013 — 2022). The White House Office of Management and Budget (OMB) report states that the cuts would be "deeply destructive" to national security, domestic investments and core government functions. The sequester would reduce spending in 2013 by approximately $109 biliion, to be split evenly between defense and non- defense discretionary spending and spread across more than 1,200 federal accounts. For 2013, domestic discretionary spending would be reduced by $38 billion, defense spending would be cut by $54.67 billion, Medicare would be cut by $11 billion and other mandatory spending programs subject to the reduction would be cut by nearly $5 billion; however, the sequester would not cut most rnandatory spending programs, including Social Security, Medicaid, Temporary Assistance for Needy Families (TANF), and the Children's Health Insurance Program (CHIP). The White House report calls on Congress to adopt President Obama's plan to override the sequester by enacting "bipartisan balanced deficit reduction legislation," which the President has said should include both spending cuts and increases to federal revenues. On Capitol Hill, however, Republicans are rejecting any tax increases to cover the cost of replacing the sequester while Democrats insist on including new revenue. We expect Congress to focus their attention on this critical issue during the current lame duck session, but there is growing concern that both sides of the aisle will not be able to come to a bipartisan agreement before the cuts are due to begin in January, 2013. Community Development Block Grant (CDBG) and HOME Investment Partnerships Program As a participant in the Departxnent of Housing and Urban Development's (HUD) CDBG and HOME Investment Partnerships programs, the City receives annual formula funding to assist with various economic development and public service activities within the scope of the program. Congress has implemented cuts to Alcalde f�Fa�� GovernmentandPublicAffairs Consulfanis Item # 24 page23 Attachment number 1 \nPage 2 both of these programs through the annual appropriations process, reducing CDBG funding from $3.9 billion in FY 2010 to $2.95 billion in FY 2012, and HOME funding from $1.8 billion in FY 2010 to $1 billion in FY 2012. Although there has been a somewhat steady decrease in overall funding for CDBG and HOME, when efforts arose to impose drastic cuts to these programs during the appropriations process, Alcalde & Fay worked with the City to successfully voice their opposition and rninimize the funding reductions, and we stand ready to address any future efforts to end or severely cut these programs. As Congress moves forward with its work on the FY 2013 Appropriations including the Transportation, Housing and Urban Development (T-HLTD) bill, which dictates funding for CDBG and HOME, we continue to advocate on behalf of the City's request to restore to the FY 2010 funding levels for both of these programs. On Apri119, 2012, the Senate Appropriations Committee approved by a 28 to 1 vote its FY 2013 T-HUD appropriations bill, clearing the bill for consideration by the full Senate. The bill included $3.1 billion for CDBG, an increase of $152 million above the FY 2012 enacted level, and $1 billion for HOME, equal to the FY 2012 enacted level. At this time, the House Appropriations Committee has not scheduled a markup on the draft FY 2013 T- HUD appropriations bill approved by the Subcommittee on June 7, 2012; however, the draft bill does include $3.4 billion for CDBG, an increase of nearly $400 million above the FY 2012 enacted level, and $1.2 billion for HOME, an increase of $200 million above the FY 20121eve1. Brownfields The Environmental Protection Agency (EPA) administers the Brownfields Program with the goal of helping local governments and other agencies to prevent, assess, safely clean up, and sustainably reuse brownfields. We closely monitor funding opportunities under this program, since many of our local government clients are attempting to conduct remediation or development. The President's Budget proposal for FY 2013 included $93.3 million for the EPA Brownfields program, a reduction of $1.5 million over the FY 2012 level. The Senate has not yet worked on its appropriations for the EPA, but the House provided $60 million for the program in its FY 2013 appropriations bill. In May, 2012, the EPA announced the recipients of $69.3 million in new FY 2012 Brownfields grants, which included 245 tribes and cornmunities in 39 states across the country. The funding was distributed among the following programs, which we notified the City about via our Grant Alert for Local Governments: Brownfields Assessment, Revolving Loan Fund (RLF), and Cleanup (ARC) grants and RLF Supplemental Grants. We will continue to work with the City of Alcalde f�Fa,y� Governmeni and PublicAffirirs Coresrrlianis I t p �e#��4 Attachment number 1 \nPage 2� Clearwater to identify specific needs related to Brownfields development and to notify the City of relevant funding opportunities. Total Maximum Daily Loads Under the Clean Water Act of 1972, states are required to issue water quality status reports every two years that include lists of impaired waters—waters that do not meet water quality standards. Total Maximum Daily Loads (TMDLs); the maximum amount of a given pollutant that can be in a body of water without degrading the water quality so much as to cause it to not meet current water quality standards, are then set for these impaired waters and government agencies and other organizations are tasked with implementing pollutant reduction processes. According to the October, 2012, Senate Committee on Environment and Public Works minority staff report, the Environmental Protection Agency's (EPA) approval of Florida's TMDLs is expected to come next -- - year as part of the EPA's approval for Florida's Numeric Nutrient-Criteria. Alcalde & Fay staff have been a part of the conversation with numerous Virginia communities in addressing the costs and relative envirorunental benefits associated with TMDLs in the Chesapeake Bay region. While obtaining funding for the implementation of pollutant reduction programs for local government entities such as Clearwater can be challenging, the Florida legislature provides funding annually to support communities in their efforts. For example, earlier this year Alcalde & Fay notified Clearwater of Florida's Total Maximum Daily Loads (TMDL) Water Quality Restoration Grants opportunity. Surface Transportation Authorization On June 27, 2012, the leaders of the Surface Transportation Authorization conference committee announced that after weeks of intense negotiations a deal had been reached on a 27-month reauthorization bill, the Moving Ahead for Progress in the 21st Century (MAP-21, H.R. 4348). The final bill, provides $120 billion for federal transportation programs from July 1, 2012 — September 30, 2014, and includes a five-year reauthorization of the National Flood Insurance Program (NFIP) and a one-year extension of the current student loan interest rates. The 2005 reauthorization bill, Safe, Accountable, Flexible, Efficient, Transportation Equity Act—A Legacy for Users (SAFETEA-LU), expired on September 30, 2009, and Congress has relied on a series of short-term extensions to continue the authorization for highway and transit programs. T'he conference committee's Chairman, Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-CA), and Ranking Member, House filcalde f�Fa,�� Governmeni qnd PublicAjfairs Cansuliarrts I tey ge#�524 Attachment number 1 \nPage 2 Transportation and Infrastructure Committee Chairman John Mica (R-7�), both praised the conference committee for reaching a bipartisan compromise on several contentious policy issues, including the increased streamlining of project delivery and greater flexibility in state spending of bicycle/pedestrian funds, in exchange for the removal of provisions related to the Keystone XL pipeline and coal ash regulation. The conference report and joint explanatory statement were both sent to the House Rules Committee June 28, 2012, however additional technical and policy-related changes were made before officially filing the report. Following the incorporation of these modifications, the House passed the bill by a vote of 373 to 52 on June 29, 2012, and the Senate followed suit and approved the bill by a vote of 74 to 19. We provided the County with a summary and analysis of the bill upon its passage. T`he President ultimately signed the bill into law on July 6, 2012. The bili keeps most current Highway Trust Fund (HTF) taxes, including the 18.4 cents-per-gallon levy on gasoline and the 24.4 cents-per-gallon surcharge on diesel purchases, in place through fisca12016, two years beyond the bill's policy authorizations. That will provide some time for the next Congress to consider whether to increase specific gas taxes, implement a tax based on vehicle rniles traveled (VMT), or fundamentally overhaul the highway funding system. With HTF revenue insufficient to meet current spending levels, the bill fills the gap with transfers from the general fund, offset by a financing package that includes pension changes. While MAP-21 does not follow the typical six-year transportation authorization model, it does provide state departments of transportation with planning and funding certainty for the next two years. Moreover, the bill is not nearly as robust as previous transportation authorization bills and it does not direct funding toward specific projects. However, as the Department of Transportation (DOT) and its many agencies develop guidance for the new and updated programs and procedures addressed by MAP-21, we will work with the City to identify potential funding opportunities and/or instances where you may wish to submit comments on proposed program guidelines. However, given the short authorization period for MAP-21, the 113t'' Congress will likely begin work on a new transportation re-authorization bill as early as next year. Once again, there will be opportunities to work with policymakers to affect changes to transportation policy favorable to the City's objectives. Our relationships with the authorizing committees having jurisdiction over the Alcalde f�Fa,r�� Government and PublicAffairs Consuliants Item # 24 page26 Attachment number 1 \nPage 2 transportation bill are excellent and we will utilize those relationships to implement the City's transportation goals. Water Resources Development Act The Water Resources Development Act (WRDA), which authorizes Army Corps of Engineers' projects, has expired. This measure, a City priority, affords communities with the opportunity to authorize new projects relating to the study or construction of flood control, water supply, environmental restoration, and other projects, which would then need to be funded through the appropriations process. With the current ban on congressionally directed spending, Congress has been unable to determine how best to proceed with reauthorizing WRDA because the bill has traditionally authorized specific projects funded through the annual Energy and Water Appropriations bill. In lieu of specific project requests, Alcalde & Fay would continue to work with the City to identify support or opposition to specific policy issues addressed by any potential WRDA bill, and effectively relay your views to the City's Congressional Delegation and members and staff on the relevant Committees with whom we have strong working relationships. The Senate Environment and Public Works Comrnittee recently released a draft WRDA bill, although the likelihood of passage during the lame duck session is not favorable. Flood Mitigation Protecting many residential and commercial properties and public facilities from storm damage is of the utmost importance. The importance of these mitigation projects to the locality, state and the region as an economic engine cannot be overstated. As such, we understand the importance of such activities for local governments and have the strengths and expertise to assist you in securing federal assistance for this process. We have worked with clients on the Draft Flood Plain Management Executive Order (EO). Alcalde & Fay staff spoke directly with Chair Nancy Sutley of the White House Council on Environmental Quality (CEQ) and met with CEQ staff to bring local governments' concerns about the draft to their attention. With regard to the National Flood Insurance Program (NFIl'), we advised the City upon passage that khe surface transportation reauthorization bill (MAP-21, H.R. 4348) approved by Congress on June 29, 2012, included a five-year reauthorization of through September 30, 2017. The conference committee ultimately chose to incorporate the NFIP bill into the surface transportation reauthorization bill after Senate action on the NFIP bill stalled when Senate Majority Leader Harry Reid (D-NV) refused to allow a vote on the bill after Alcalde �FatJ� GovernmentandPublicAffairs Consuliants Item # 24 pqge27 Attachment number 1 \nPage 2 Senator Rand Paul (R-KY) attempted to attach an abortion-related amendment. Of particular interest to the City, the final bill included language from the House- passed version of the bill which raises the annual limit on premium rate increases from 10 to 20 percent. Also of interest to the City was a provision that was initially included in the final bill that would have required the mandatory purchase of flood insurance by residents currently protected by levees, dams, and other flood control infrastructure. Reports indicate that although this provision was included in the bill text that had been agreed upon by the conference committee and submitted to the House Rules Committee, objections by Senator Mark Pryor (D-AR) and several Gulf Coast Senators led to the removal of the provision. Land and Water Conservation For FY 2013, the President's budget proposed $60 million for the Land and Water Conservation Fund's (LWCF) State assistance program, an increase of $15 million over the FY 2012 enacted level. The House provided $3 million for the program in its appropriations bill, while the Senate has yet to address FY 2013 funding for this program in its own version of the bill. The LWCF is overseen by the National Park Service, an agency within the Department of Interior, and is administered through the State of Florida to local governments. The LWCF program provides matching grants to States and local governments for the acquisition and development of public outdoor recreation areas and facilities. The program is intended to create and maintain a nationwide legacy of high quality recreation areas and facilities and to stimulate non-federal investments in the protection and maintenance of recreation resources across the United States. We continue to advocate for increased funding for the program in the FY 2013 Interior Appropriations bill. Public-Safety Broadband Network On February 22, 2012, the President signed into law the Middle Class Tax Relief and Job Creation Act of 2012 (H.R. 3630). In addition to the extensions of several programs and policies through the end of the year, including the payroll tax holiday, the Medicare reirr�bursement rate ("Doc Fix") and federal unemployment benefits, a section is dedicated to addressing the issue of reallocating spectrum for the establishment of a national public-safety network while reducing the national debt through revenue-raising activities. Although the House and Senate had been at odds over these issues in recent years and had been unable to reach an agreement on competing legislative proposals, the bill's Conference Committee ultimately chose to adopt aspects of numerous proposals Alcalde F.�Fi{r�� GovernmentandPublicAffqirs Cansultants Item # 24 page 28 Attachment number 1 \nPage 3� in order to develop Title VI of H.R. 3630, the "Public Safety Communications and Electromagnetic Spectrum Auctions." The final bill provides public safety officials with a national wireless broadband network by allocating to them a significant portion of the 700 MHz wireless electromagnetic spectrum commonly referred to as the "D-Block." Furthermore, the FCC is authorized to conduct voluntary incentive auctions for spectrum currently owned by television broadcasters, estimated to raise approximately $15 billion over 10 years. A"Public Safety Trust Fund" would be created to house and disburse funds from the incentive auctions, including $7 billion for the developnlent and construction of the public safety network ($2 billion of this will be made available before any proceeds from auctions are received), and $135 million for a State and Local Implementation Fund, which would provide grants to States to assist local governments "plan, and implement the most efficient and - effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and Alcalde & Fay, Government and Public Affairs Consultants 25 other architecture associated with the nationwide public safety broadband network." We recently attended a briefing and panel discussion organized by the U.S. Conference of Mayors regarding the funding, implementation and construction of the public-safety broadband network. The panel provided background on the effort to establish the network and the technical aspects of its pending implementation. As noted in the NTIA presentation, the Act requires NTIA to establish a First Responder Network Authority (FirstNet), which will be tasked with overseeing the design, deployment, construction and operation of the network based on a single, national architecture, and confirmed that the NTIA had begun the process of seeking public comment on its confirmation and nomination process. Should the City decide to submit comments on specific aspects of this process, we will work with you to draft and/or edit your remarks. Sales Tax Collection from Online Retailers Under a 1992 Supreme Court decision, retailers are not required to collect sales tax on online purchases in states where they do not have a physical presence, although some states have passed laws requiring online collections. However, for the past several years Congress has considered new legislation that would require online retailers, catalog merchandisers and certain other businesses to collect and remit sales taxes to numerous states in which the businesses have no physical presence. Passage of federal legislation would give states the authority to require sales and use tax collection by sellers located outside their boundaries. Alcalde &Fay� Governmenf and PublicAffairs Consulfants Item # 24 page 29 Attachment number 1 \nPage 3 The Senate's Marketplace Fairness Act (S. 1832) would provide States with the ability to enforce their existing state and local sales and use tax laws in a way that does not unduly burden e-commerce. Under the bill, no State is required to collect sales and use taxes by this legislation. The legislation simply gives States the right to collect — or decide not to collect — sales and use taxes that are already owed under State law. The National League of Cities, National Association of Counties, and U.S. Conference of Mayors support this legislation. Similarly, the House's Main Street Fairness Act (H.R. 2701) would allow for remote sales tax collection and is supported by the National League of Cities, National Association of Counties, and U.S. Conference of Mayors. According to the National Conference of State Legislatures, in 2008, state and local governments lost at least $18 billion in uncollected sales tax from such sales. Of that, some $7.7 billion alone came from online transactions. This total is expected to rise to $23 billion in 2012 with almost half coming from Internet transactions. As electronic commerce grows, the amount of lost revenue for states and local governments will increase. As such, this issue will likely to remain at the forefront of Congressional debate in the 113� Congress. Off-Shore Dr�illing in the Gulf of Mexico Alcalde & Fay worked diligently with the Senate Environment and Public Works Committee, House Transportation and Infrastructure Committee, House Natural Resources Committee and Florida Representatives Jeff Miller, Steve Southerland, John Mica and Senators Bill Nelson and Marco Rubio to pass the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies (RESTORE) of the Gulf Coast States Act (H.R. 3096/S. 1400) as part of MAP- 21. The RESTORE Act directs 80 percent of pending BP fines for the 2010 Gulf of Mexico oil spill to the five impacted Gulf Coast states, including Florida, Louisiana, Alabama, Mississippi, and Texas. Of the 80 percent of BP fines, Florida could receive $1 -$3 billion to mitigate oil spill impacts to the State's Gulf Coast and west coast communities. Projects in Clearwater that meet RESTORE Act criteria would be eligible for funding. The RESTORE Act funding could be used for a variety of environmental restoration projects and economic development programs, including: conservation and land acquisition; habitat restoration; tourism/fishing promotion; workforce development; state parks; infrastructure mitigation; and coastal flood protection. We are currently in the process of working with several federal departments (i.e. Interior, Army, Agriculture, Commerce, and the Environmental Protection Alcalde f�Fa�� GovernmentarrdPublicAffairs Consulianis Item # 24 pa8e 30 Attachment number 1 \nPage 3 Agency and the Coast Guard) to ensure that the legislation is implemented as intended by Congress. We are hopeful that the roles and responsibilities of the RESTORE Act Council and Federal departments will be clarified over the next several months, and will plan to position the City's anticipated projects for RESTORE Act support. Waters of the U.S. Alcalde & Fay has worked with the City to oppose the proposed guidance from the Environmental Protection Agency (EPA) that has the potential to drastically expand the definition and scope of the "waters of the U.S." considered as being under federal jurisdiction. As part of our efforts on behalf of this initiative, we provided the City with draft letters from the Mayor to the City's Congressional Delegation, opposing the efforts by the EPA and Army Corp of Engineers to expand their jurisdictional authority. We also spoke with your Congressional - Delegation members, as well as their staff, about potendal legislative solutions to this issue. As the 113th Congress convenes in January, we will continue to monitor this issue and investigate the potential for preventing this expansion through legislative and/or agency solutions. Numeric Nutrient Criteria On July 6, 2012, the EPA approved an extension of the effective date of the "Water Quality Standards for the State of Florida's Lakes and Flowing Waters Final Rule" for six months until January 6, 2013. By way of background, in November of 2011, the EPA notified the Florida Department of Environmental Protection (FDEP) that their proposed rule establishing numeric criteria for Florida waters was consistent with the requirements of the Clean Water Act. The letter also noted that EPA would withdraw its federal standards for tllose Florida waters covered by the FDEP's rule, provided that the FDEP rule was approved by the Florida State Legislature and the Governor, which occurred in February, 2012 (S.B. 2060/H.B. 7051). On February 20, 2012, the FDEP sent the rules to EPA, which sets numeric nutrient criteria for certain Florida waters. However, a petition was filed with the Florida Department of Administrative Hearings challenging the validity of FDEP's NNC rules. A hearing was held the week of February 27, 2012, and on June 7, 2012 a State administrative court judge ruled in favor of the state and on June 13, 2012 FDEP submitted its proposed rules to the EPA for review and approval. However, at this time, the EPA has reportedly only provided FDEP Alcalde £�Fay� Governmenfand PublicAffairs Corlsulfants Item # 24 page 31 Attachment number 1 \nPage 3 with an "initial response" that fails to indicate whether the rule has or will be approved. C) The qualified Respondent shall be able to effectively communicate City Council policy positions to Congress, the Administration, and fec�eral agencies. This will include scheduling meetings for the Mayor, members of the City Council, City Manager or City legislative staff with members of Congress, the Administration, and with federal agency representatives to discuss the City's concerns. The Respondent will provide advice and counsel on the timing, necessity and subject matter, including the key points needing to be discussed at any of these meetings. Additionally, the Respondent will advise the City on the necessity to write letters of support or opposition on pending legislation or federal policy issues. The creation of a federal legislative program, (in consultation with the client) is - part of the standard services that Alcalde & Fay provide its clients. In a typical year, we work with our clients in the fourth quarter to develop their federal legislative programs for the next year so that we can hit the ground running in January when Congress convenes. During the February/April timeframe, we would schedule a Washington "Fly-in" for City officials to meet with the Congressional Delegation, appropriations and authorization subcommittee chairs, ranking members and/or senior staff to discuss their priorities. Prior to the meetings, we would assist in the preparation of the necessary documents that articulate the City's objectives in a concise, clear manner for meeting participants, Members of Congress and agency officials. In the event that you cannot attend a particular meeting, we are also accustomed to effectively communicating the City's policy positions to Congress and the Administration. Further, we would prepare memoranda to summarize what transpired at the event and/or forward to the appropriate points of contact the information that was disseminated at the meetings. This is just the initial step in the process. We would guide the request or issue as each bill makes its way through subcommittee consideration, then monitor it during full committee consideration. The bills then move to the House and Senate floor for approval and finally to conference negotiations to work out any differences between each chamber's version of the bills. Throughout this process, we would work closely with the City and Congress to ensure that the City's priorities are known during consideration. Occasionally, we advise entities to testify before a committee to explain the necessity of their initiative or federal objective. If this becomes the case, we will work collaboratively with the City to Alcalde f�Fay� Gdvernmenl and PublicAffairs Consultants I t � �e#3 24 Attachment number 1 \nPage 3� draft the required testimony. More importantly, we will be in continuous contact with pertinent committee staff to ascertain how best to present the proposal and most effectively meet their expectations and policy objectives. We are here as the liaison between the City and committee staff, and to answer any questions and address any concerns that either may have throughout khe process. D) The qualified Respondent shall be able to provide timely information and advice on federal fr.cnding opportunities to support City prog�rams and services and facilitate federal consideration of City applications. The City throughout the year submits grant applications to seek ficnding for programs that complement the goals and objectives of the City Council. The Respondent should be prepared to support these efforts by identifying appropriate federal ficnding opportunities, including appropriations, authorized programs, competitive grant programs, and possible agency discretionary grants applicable to City of Clearwater priorities. Alcalde & Fay is committed to helping the City follow the flow of federal resources. With the shifting tides in Congress, we expect that there will be a continuing emphasis on channeling funds through the competitive federal grants process. In developing a federal agenda for the City, we would work with you to identify which projects should target grants programs as a source of funding support. We continuously monitor grant opportunities in each of the federal departments and agencies and will assist you in identifying grant opportunities and securing funding through these grants to meet your goals. On a regular basis, we will forward our Grant Alert for Local Governments, which is a compilation of the most recent federal grant solicitations. Various associates at our firm are charged with keeping everyone apprised of programs and funding opportunities at federal agencies that are important to local governments. Identifying and pursuing federal grants involves routine contact with agency and congressional staff. Our long-term relationships with career staff will prove beneficial to the City and enable it to more aggressively pursue this type of federal funding. As new programs are made known to us, we will bring these initiatives to the attention of City staff. Advance notification of an upcoming grant solicitation is important in providing a head start in developing the application. In addition to our Grant Alert for Local Governments, we have enhanced our grant writing services, which now include grant monitoring and prospecting; grant project management and blueprint development; grant writing and proposal Alcalde f�Fay� GovernmeniandPublicAffairs Consultants Item # 24 page 33 Attachment number 1 \nPage 3 development; and grant review, critique and emergency intervention as summarized below. ➢ Grant Monitoring, Prospecting and Grant Alerts ■ Customized grant prospecting reports and alerts; ■ Strategies for maximizing all available funding streams; ■ Feasibility assessments of open grant opportu.nities; ■ Grant Project Management/Blueprint Development; ■ Detailed overview of the grant solicitation; ■ Framework for the grant construction process; and ■ Breakdown of the responsibilities of all parties involved. ➢ Grant Project Management/Blueprint Development ■ Detailed overview of the grant solicitation; --- ■ Framework for the grant construction process; and ■ Breakdown of the responsibilities of all parties involved. ➢ Grant Writing/Proposal Development ■ Grant application development; ■ Subject matter expert orchestration; and ■ Writing, review, comments, editing and rewriting. ➢ Grant Review and CritiquelEmergency Intervention ■ Review/Critique of prior rejected applications for re-submission; ■ Review/Critique of new applications; and ■ Emergency grant review and editing services to support timely and effective submission. In addition, we will work to develop congressional support for the projects and to coordinate the inclusion of Congressional letters of support in the application package. For example, during submission of the City's Our Town grant, we obtained a letter of support from Senator Bill Nelson (D-FL). We will also coordinate any meetings required with program officers at federal agencies. Engaging in an extensive, coordinated program of visitations with key departmental offices can be critical to a successful grant strategy. Visits of this nature provide high visibility for both the City and its projects at executive agencies, and can be an important component of an educational campaign that details the issues facing the City. Alcalde �Fay� GovernmeniandPu6licAjfairs Consulfanfs Itey ge#�424 Attachment number 1 \nPage 3� E) The qualif�ied Respondent shall be able to work in conjunction with the United States Conference of Mayors in support or opposition of budget appropriations, legislation and agency rules or regulations affecting cities. During the City's annual visit to Washington, we generally schedule a briefing with the U.S. Conference of Mayors. With a significant municipality clientele, we have collaborated with the U.S. Conference of Mayors for several years as they can be of assistance with implementation of federal policy impacting local governments. We understand that national associations cannot always be responsive to the individual needs of each of their members and as earlier stated, we strive first and foremost to meet the unique goals and objectives of the City. F) The quali, fied Respondent shall be able to review and provide advice on development of the City of Clearzuater's Federal Legislative Program. As the City is well aware, there is currently an emphasis in Washington on cutting federal spending and therefore the need to be creative in identifying resources and strategically positioning City priorities is more important than ever. As a firm that has been representing public clients for nearly 40 years, we are well equipped to do this for the City of Clearwater by: (1) identifying, pursuing and protecting federal programs that are important to the City in annual appropriations legislation; (2) working with the City to submit successful federal grants; (3) seeking authorizations in federal legislation; and (4) working to support legislation, regulations and policy that would benefit the City, and oppose those bills and rules that would harm the City. Upon commencement of our contract, Alcalde & Fay would continue working with the City to establish a Federal Legislative Agenda for the next session of Congress, which will convene in January, 2013. This agenda would result from discussions with you in which we would gather specific information about your priorities and initiatives. We would then perform a candid appraisal of each specific objective and determine the best means for accomplishing your goals. Our appraisal then enables the firm, in cooperation with the City, to prioritize projects for the City's federal legislative program. We are currently working with the City to pursue a grant from the Economic Development Administration for renovations to Capitol Theatre now that the historic designation has been removed. It is envisioned that the current theatre will be combined with a neighboring building to increase seating capacity, staging, performance accommodations, and restrooms. Alcalde f�Fay� Governmenf and PublicAffqirs Consulianfs Item # 24 page 35 Attachment number 1 \nPage 3 To complement the nearly $3 million Federal allocation received to date, we are also working with the City to identify additional federal resources to support its wastewater and reclaimed water infrastructure initiative. Senator Barbara Boxer (D-CA) has circulated a draft WRDA bill that includes a water infrastructure loan program to assist municipalities in replacing deteriorating water infrastructure in their communities. The loan program, known as "WIFIA", is modeled after the TIFIA loan program operated by the U.S. Department of Transportation. Hearings on the proposal were held on November 15, 2012 by the Senate Environment and Public Works Committee. The bill would authorize the implementation of 20 pilot projects through the EPA and the Army Corps of Engineers, which could include, among others, "projects for accelerated repair and replacement of an aging water distribution facility". The funds could be used to support planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, other pre-cor�struction activities inelude- construction, reconstruction, - rehabilitation and replacement activities; the acquisition of real property, environmental mitigation, construction contingencies, and equipment acquisition; capitalized interest, refinancing of interim construction funding, long-term project obligations, or a secured loan or loan guarantee. We are continuing to monitor the progress of this legislation during the lame duck session and when the 113� Congress convenes in the New Year. As now customary, we are prepared to work with the City to finalize its federal agenda for the first session of the 113� Congress so that City officials and members of your Client Team may personally present the federal agenda to your Congressional Delegation, as well as to the pertinent subcommittee chairmen and ranking members. Although your agenda may be revised during the course of the session to reflect new issues or opportunities in Washington, we feel this personal contact is important to nurture successful working relationships. Alcalde & Fay has a successful track record for the City of Clearwater. From the first session of the 106� Congress to the second session of the 112th Congress, we have worked cooperatively with the City of Clearwater, Congress and the Administration to develop and implement strategies which have culminated in over $40 million in Federal support for various City initiatives. During a visit we arranged for City officials in 2011 at the Environmental Protection Agency, we learned that the $500,000 allocation for wastewater infrastructure improvements could be rescinded if not obligated in a timely manner. Subsequently, we worked with EPA to provide assurances of the City's need for the Federal resources and Alcalde f�Fa,�� GavernmentandPublicAffairs Consuliarrts It p�e#j�4 Attachment number 1 \nPage 3 reconfirmed frequent withdrawals by the City so that the funding would not be jeopardized. We have highlighted several significant Federal accomplishments during our tenure with the City below. ✓$22 million for construction of the City's Memorial Causeway Bridge. ✓$3.5 million to assist in the City's implementation of an Intelligent Transportation System (ITS). ✓$1.4 million for the Downtown Clearwater Regional Retention Project. ✓ Secured an authorization for the Stevenson Creek Estuary Restoration Project under "Small Projects for Aquatic Ecosystem Restoration" program in the Water Resources Development Act (WRDA). ✓ Authorization of the Stevenson Creek Estuary Restoration Project provided foundation for securing $5 million for the Stevenson Creek Estuary Restoration Project. ✓$1,700,000 to assist in the purchase of police communications equipment. ✓$1,250,000 for the Clearwater Homeless Intervention Project (C.H.I.P.). ✓$5,042,500 for the City's "Beach by Design" Initiat-ive. ✓$2,850,000 for water and wastewater infrastructure improvements. Developing & Implementi.ng a Federal Government Affairs Strategy The creation of a federal government affairs strategy and legislative agenda, in consultation with the City, and the associated advocacy plan and packages, is part of the standard support services that we provide our clients. We routinely provide advice on and prepare federal legislative program documents, briefing documents, talking points, legislative correspondence and other advocacy materials that are required to communicate the priorities of our clients. The approach would be collaborative, working with the Mayor, City Manager, City Clerk, and others as appropriate to establish the priorities and then gather the facts that will create the strongest arguments in support of any initiative. Alcalde f�Fa,y� Government andPublrcAffirrrs Consultants I te� ge#��24 Attachment number 1 \nPage 3 The process would start immediately upon contract execution, reviewing the status of the City's priority projects we have been advocating on behalf of in recent years and working with the City to develop its priorities for the year ahead. We would review projects for which the City sought federal support in recent Fiscal Years, but did not secure, with an eye toward pairing these projects with currently funded federal programs. In a typical year, we work with our clients in the 4th quarter to develop their legislative agenda for the next year so we can hit the ground running in January when Congress convenes. This agenda would result from multiple discussions and plaruling meetings with you in which we would gather specific information about your project priorities and funding requirements. We would perform a timely reconnaissance on all items of interest to the City and provide: (1) a candid appraisal of the potential for success for each specific objective; (2) the best means for accomplishing goals and objectives; (3) any challenges that might be encountered in seeking federal -- funding for the projects, and (4) creative suggestions outlining potential federal funding sources that the City may want to pursue for priority projects. This strategy will be tailored to the needs of Clearwater and will serve as a blueprint for the City to identify existing projects that are strong candidates to receive federal funding. It will also assist you in directing us on prioritizing your work program. The document may also generate new and creative project ideas to develop that you may not have previously considered, and represents the typical time frame for developing and implementing a client's legislative agenda. As a general practice, we work to identify all areas of opportunity and concerns for our clients. We would be very responsive to the City regarding any requests because we believe service is what distinguishes us from other lobbying firms. We would have constant communication with the City regarding its Federal Legislative Agenda. Alcalde & Fay routinely monitors the calendar for budgetary and high priority project deadlines for reauthorization legislation, and will prepare any required paperwork. We also provide our clients with immediate updates regarding new legislation and other relevant matters that may affect their Federal legislative priorities, which includes providing the City with copies of bills, committee reports, and relevant federal agency rules and regulations. We would include this information in our reports to the City. Written reports can be provided on a routine and timely basis and are tailored to the client's specific projects and priorities. These are discussed in greater detail in Section B above. These updates typically include: an analysis of the Administration's budget priorities for a given fiscal year; analysis of the Item #� 24 tllcalde �Fa�� GovernmenfandPublicAffqirs Cansultar�ts page 8 Attachment number 1 \nPage 4� Congressional Budget Resolution that is the spending blueprint for a given fiscal year; the status of the 12 Congressional Appropriations bills as they make their way through Congress; and a forecast of other federal priorities khat could make the budget process deviate from the "norm." PROPOSED TIMELINE OF ACTIVITIES The following is a proposed timeline of activities, which can be finalized upon execution of the contract. The timeline may be used as a benchmark throughout the year to assist in implementation of the City's Federal Legislative Program for the 113t'' Congress. Time Period* Action Items January ■ Enhance Alcalde & Fay's familiarity with tfie City's priorities 2013 through discussions with key personnel. ■ Provide candid appraisal of the potential for success for each specific goal and objective. ■ Assess challenges which might impede the City in seeking federal support for defined initiatives. ■ Meet with City officials and state legislative team for a half-day work session to establish federal legislative program. ■ Immediately begin advocating on behalf of the City's priorities particularly as they relate to sequestration and its impacts upon programs of importance to Clearwater if no congressional resolution has been reached. ■ Meet with Delegation and pertinent committees to begin to advocate on behalf of Clearwater's a�enda. February ■ Acquire, complete and submit FY 2014 authorization forms to the 2013 City's Congressional Delegation by established deadlines. ■ Prepare suggested draft letters to Clearwater's Congressional Delegation regarding its Federal Legislative Advocacy Agenda and initiatives that may affect the City. ■ Prepare suggested draft letters of appreciation following the meetings. ■ Review President's FY 2014 bud�et nronosal. March ■ Prepare suggested draft letters to the pertinent appropriations and 2013 authorization subcommittees and committees. ■ Continue to advocate on behalf of the City's priorities as Congress considers rernainin� fundin� for FY 2013 as expiration of the six- Alcalde faFay� Gaverrzmenf artdPublicAffairs Consulfanis page C! April 2013 May 2013 june 2013 July - 2013 August 2013 September 2013 October 2013 November 2013 December, 2013 Attachment number 1 \nPage 4 month continuing resolution approaches. ■ Re-assess current state of Federal Legislative Advocacy Agenda. ■ Work with Delegation and relevant committees and agencies of jurisdiction to support Clearwater's FY 2014 funding and program nriorities. ■ Advocate on behalf of the City's priorities as Congress' FY 2014 appropriations process begins to ramp up. ■ Follow-up with Clearwater's Congressional Delegation; pertinent subcommittees and committees; and federal agencies and departments to emphasize the importance of their Federal Legislative Advocacy Agenda and assess the likelihood of federal support. ■ Continue advocacy on behalf of the City's priorities as the FY 2014 appropriations process continues. ■-Contirrue advocacy on- behalf af the City's priorities as the FY 2014 appropriations process continues. ■ Re-assess current state of Federal Legislative Advocacy Agenda as Congress moves into its summer recess. ■ Work with staff to identify transportation reauthorization priorities and advocate on behalf of Clearwater's priorities as Congress likely returns to reconsidering transportation re-authorization legislation. ■ Identify programs of priority to Clearwater and advocate on their behalf to the Administration as it drafts the President's budget proposal for the next fiscal year. ■ Continue to advocate on behalf of the City's priorities in the transportation re-authorization debate. ■ Re-assess current state of Federal Legislative Advocacy Agenda and begin preparation for FY 2015 legislative cycle. ■ Meet with City officials for a half-day work session to establish a federal legislative strategy for the second session of the 113th Alcqlde &Fa,z� � Go�rnmeni and PublicAffarrs Consuliqnts � t�e 4024 The following tasks are Time Period* january 2013 - December 2013 Attachment number 1 \nPage 4 the entire 12 months: Action Items ■ Monitor, advocate for/against, and provide regular updates regarding federal legislation and regulations that may affect Clearwater s Federal Legislative Program. ■ Communicate regularly with City personnel regarding relevant legislative and/or regulatory developments including providing monthly reports. ■ Provide grant support services that include the following: o Grant Monitoring, Prospecting and Grant Alerts: customized grant prospecting reports and biweekly alerts; strategies for maximizing all available funding streams; and feasibility assessrnents of open grant opportunities. o Grarit Project Manag�merrt/Blueprint Development: detaiied overview of the grant solicitation; framework for the grant construction process; and breakdown of the responsibilities of all parties involved. o Grant Writing/I'roposal Development: grant application development; subject matter expert orchestration; and writing, review, comments, editing and rewriting. o Grant Review and Critique/Emergency Intervention: review/critique of prior rejected applications for re- submission; review/critique of new applications; and emergency grant review and editing services to support timely and effective submission. o Draft and coordinate Congressional support letters for grant applications. ■ Facilitate opportunities for Clearwater to submit testimony for Congressional committee hearings. ■ Facilitate visits by Congressional Delegation and staff for tours and briefings of projects and programs of interest to garner federal support. ■ Facilitate trips for key Administration officials to visit the City and receive briefings on projects and programs of interest. ■ Leverage established relationships with associations to advocate legislative requests with Congress and the Administration. ■ Represent the City of Clearwater at Washington-based conferences � as re "' Time periods are estimated. Alcalde &Fay� GovernmentandPublicAffairs Consultants Item # 24 �age 41 Attachment number 1 \nPage 4 G) The qualified Respondent shall be able to travel to Clearwater as directed. Occasionally, the Respondent may be asked to travel to Clearwater to report on its activities in representing the City. With fiscal responsibility a driving factor for all of our clients, we will ensure ongoing contact with City officials through phone and email. However, as the needs of the City dictate, the team leader and/or other team members will be available to meet in Clearwater and would be prepared to report on the status of our activities in representing the City. PROPOSED CLIENT TEAM The resumes of each of the Client Team Mern.bers for the City of Clearwater: Danielle McBeth, _Kevin Fay_,_L,A, "Skip" Bafalis, and Perrin Badini, provide a description of their qualifications, credentials, relevant experience, and duration on the Client Team. Each of these individuals has substantial experience in the practice of government and public affairs in Washington including association management, legislative and policy analysis/evaluation as discussed throughout this response. DANIELLE MCBET�l, PROPOSED TEAM I.EADER Danielle McBeth, Partner, and a 14-year member of the Client Team, is a seasoned government relations and public affairs practitioner with government affairs and media relations experience advocating on behalf of corporate, public, and education clients for Alcalde & Fay. In 1999, she became the youngest African-American woman to become a Partner in one of the oldest independent government affairs and consulting firms in our natiori s capital. Ms. McBeth has worked on behalf of numerous clients on issues related to transportation, economic development, infrastructure, education, technology, and immigration. She has successfully led the lobbying efforts of coalitions and organizations before Congress to amend and promote broad national policies. Her achievements include securing Federal grants and legislative appropriations for educational institutions and local governments for water and wastewater infrastructure, roadways, law enforcement technology, and marine science research. Alcalde f�Fa,y� GovernmenfandPublicAffairs Consultants Item # 24 page 42 Attachment number 1 \nPage 4� Prior to joining the firm, Ms. McBeth served as press secretary for the Florida Commission on Education Reform and Accountability where she was responsible for coordinating media relations between campaign and media entities statewide. She also served as the information specialist for Florida State University's Center for Professional Development, coordinating publicity and promotions at the state, national, and international levels. Ms. McBeth began her career working for several newspapers including the New York Times Regional Newspapers, the Spartanburg Herald-Journal and the Tallahassee Democrat. A native of Jackson, Mississippi, she earned a bachelor's degree in journalism from Florida A&M University where she received the "Outstanding Senior in Newspaper Journalism Award" for her work at The FAMCTAN from the Dean of Journalism and her professors. While continuing her career as a lobbyist, Ms. McBeth obtained a law degree from American University, Washington College of Law. She currently serves as Vice President- of- the-V�ashington-Government- Relations-Group- and is a member -of-the --- American League of Lobbyists. KEVIN FAY, PRESIDENT Kevin J. Fay, President, and four-year Client Team Member, is recognized as a successful businessman, community leader, and as one of the forernost global envirorunental policy advocates, with significant experience in public policy and association management. For over three decades, he has been providing association management services to a variety of coalitions and trade associations. By way of example, as Executive Director of the Alliance for Responsible CFC Policy, Mr. Fay provided critical industry leadership and perspective on the negotiation and implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer and the United States Clean Air Act. The Montreal Protocol is widely regarded as one of the most successful multi-lateral environmental agreement (MEA) ever achieved. Also, as Executive Director of the International Clunate Change Partnership (ICCP), he has served as one of the most visible policy voices in the effort to address global climate change. While advising significant Fortune 100 industries, he is frequently consulted by governments, industry, nongovernmental organizations, and media representatives on a variety of issues. Alcalde �Fay� Government and PublicAffairs Consultanis � t p g�324 Attachment number 1 \nPage 4 Mr. Fay also is active in and around the community. Since 2003, he has served as a member of the Board of the Fairfax County Park Authority, a$100 million independent agency responsible for the management of rnore than 22,000 acres of parkland, athletic facilities, and cultural and natural resources in Fairfax County, Virginia. He is also Chairman Emeritus of the Board of Governors of Bishop O'Connell High School, in Arlington, Virginia, one of the largest private schools in the Baltimore-Washington area and in the State of Virginia. A prolific fundraiser, Mr. Fay has worked with the Leukemia and Lymphoma Society since 1993, raising millions of dollars as part of the Washington, D.C. Leukemia Ball, and as a board-member of the Leukemia and Lymphoma Society's (LLS) National Capital Chapter. In 2012, he was honored by LSS with the inaugural James L. Eichberg Lifetime Achievement Award. He has also helped raise millions of dollars for schools, church, youth sports leagues, and other charitable endeavors, and was named one of -- - the Northem Virginians of the -Year in 2012 by Northern Virginia Magazine. A media trained spokesperson, Mr. Fay has appeared on "Nightline" and "Crossfire' televisions shows, and has done numerous radio and T'V call in shows, including CNN, as well as significant editorial briefings on a wide range of environmental issues. A lawyer by training, Mr. Fay is an honors graduate of the University of Virginia (197�, and received his law degree from the American University Washington College of Law (1981). L.A. "SKIP" BAF'ALIS, PARTNER L.A. "Skip" Bafalis, Partner, and 14-year Client Team Member, is a former five-term Republican Congressman from Florida and a former nominee for Governor of Florida who has had extensive experience in trade, taxes, finance, business and regulatory policy in both the public and private sectors. While representing his Florida district in Congress from 1973- 1983, he was a member of the Ways and Means Comrnittee, an aciive member of the Trade Subcommittee and the Ranking Member of the Public Assistance & Unemployment Compensation Subcommittee. He became known in Congress for his expertise in trade and tax matters and authored and managed passage of wide- ranging estate and gift tax legislation. Alcalde &Fa,r�� GovernmentandPu6licAffairs Consultanfs Ite�B �424 Attachment number 1 \nPage 4� After he left Congress, he joined the law firm of Shapo, Freeman and Freedman and later was an executive Vice President of a Washington government affairs firm. He has participated in numerous business ventures and his detailed knowledge of the interaction between government and business is based on direct experience i.n both areas. He has been an investment banker, a real estate developer and active in numerous civic organizations. A native of Massachusetts, he holds a bachelor's degree from St. Anselm's College in Manchester, New Hampshire, which has honored him with its Alumni Award of Merit for his contributions to the college and to the nation. He served in the U.S. Army during the Korean War with the rank of Captain. FERRIN BADINI, ASSOCIATE Perrin Badini, Associate, and two-year Client Team Member, works o� behalf of many of Aicalde & Fay's municipal and education clients on a broad range of issues including transportation, appropriations, environmental issues, economic development, public safety, and infrastructure. Mr. Badini has � been effective in helping public clients secure millions of dollars - t t� ` in Federal funding for projects ranging from road improvements, flood damage mitigation and technology for law enforcement personnel to environmental initiatives, poverty reduction programs and city-wide "Green' programs. Prior to joining the firm, Mr. Badini worked during the 2006 election for a prominent political media firm that specialized in research, planning and placement of political ads, including many for high profile federal candidates. During this time, Mr. Badini managed the coordination and distribution of campaign finances to media outlets across the country, and worked closely with media buyers to insure the proper placement of campaign ads was achieved. An active fundraiser, he has also planned and organized fundraising and charity events for numerous organizations. A native of New Orleans, Louisiana, Mr. Badini holds a bachelor's degree frorn Louisiana State University, Baton Rouge, where he majored in Political Science. Alcalde &Fa�y� GovernmertfandPublicAffarrs Consulfirnfs I t p g #�524 Attachment number 1 \nPage 4 FIRM MEMBERSHIP AND PARTICIPATION IN PROFESSIONAL ASSOCIATIONS Members of the firm have actively participated in civic and professional organizations including the following: ➢ American Council of Young Political Leaders; ➢ American League of Lobbyists; ➢ Arlington Women's Civic Association ➢ Association of Former Senate Aides; ➢ Claude Moore Colonial Farm at Turkey Run; ➢ Comcast Communications Corporate Advisory Board; ➢ Council on Foreign Relations; ➢ Fairfax (VA) Symphony; ➢ Greater Miami Aviation Association; ➢ Heritage Hunt Classic Board of Directors ➢ Hylton Performing Arts Center Board of Directors ➢ Public Relations Society of America; ➢ Society of Professional Journalists; ➢ The Wolf Trap Associates; ➢ Virginia's Commission on Local Government; ➢ Washington Boys and Girls Club; ➢ Washington, D.C. Boxing and Wrestling Commission; ➢ Washington Government Relations Group; and ➢ Women in Government Relations. Item # 24 Alcalde &Fa,r�� Gover�mentandPublicAffairs Consulfanfs page46 Attachment number 1 \nPage 4 Attachment number 1 \nPage 4 ALCALDE & FAY, LTD. FINANCIAL STATEMENTS DECEMBER 31, 2011 Item # 24 � F�ockviBe Plk�, Suite 404 ;srille, Maryland 20852 : 3Q1.589:9000 301.589.5464 �� Certified Publie Accountants IND�PENDENT ACCOUI*1T'AI'dTS' REVI�W REP4�:T T�J TH� BOA� �F DIRECTOR:S ALCALDE & FAY, LTD. ARLINGTfJN, VIR.GINIA Attachment number 1 \nPage 5� JQSeph If. Speicher, CPA R. Bruce Buchartan, CPk A(an A. Be[g�'nini, CPA D��id Flinchutn, GPA Gtegory C, Sweeney, CPA e have review�d the ac�ompanying batan�e sheets caf Alealde �& �'ay, Ltd. as of i3ec�mber 31, �01 i � 2014; and the relat�d sta.ternent� of incorne and retained defcit and cash flows for the years tlaez� ded. A review i�cludes prirnarily a�plying ar�alytical procedures tc� management's fnancial dat�, and �cing inquiries of Campany managernent. A review is substantialiy les� in scope tha�� an audit; the jectiue vf which is the e�pressic�n of an opinion regarding t�e financial statemen#s as a whole. �cQrdin�Y,-w�-do-�ert e�pr�ss-�ch an o�inian. ___ ------ - ____- =: -- - - -- �.gement is responsible for the preparation of ftie financial siatements in :accordance with unting principles generally accepted i� the United States of America aritl for designing, �nienting, and rnaintaining internai eontrol r�levant to the }�repar�tion an�i fair par�s�ntatior� af th� �c'tal stater�ents, responsibility is to conduct the �eview in accordance with tk�e Statements r�n Sta��iards for �unting and Review Services issaed by the American Ins�itute of Certified Pulilic Accounta�ts. e standards requixe us to perform procedures to obtain limited assurance that thsre are �o material .fieations that should b� made to the financial statements, We believe that the resuits of aur �dures pravide a reasonable basis far c�ur report. Baseti on ovr review, we are not aware af any ma#erial modi#icafio�s that shQUld be made to the aceampanyirig financial statements in order for them ta be in confarmity with accounting principl�s genera113� accepted in the Llnited 3tates af Amerkca, �s�;�,�... {��:�. �. ,..�'•'�'�' SERI:.II*1, FtAI�rIOS & COIWi A'�, P.A. March 15, 2Q 12 B e r � i n, Page 1 of 10 Pages R a m o s & C a m p a n y, P . A Item # 24 ALCALDE FAY, LTD. BALANCESHEETS (See Independent Accountants' Review Report} CURRENT ASSETS Accounts Receivable TOTAL CURRENT ASSETS FIXED ASSETS Office Furniture, Equipment and Automobiles Accumulated Depreciation TOTAL FIXED ASSETS - NET OTHER ASSETS Loans to Stockholders E*TRADE Investment Account Prepaid Expenses Investment in Technology lnternational TOTAL OTHER ASSETS TOTAL ASSETS ASSETS Attachment number 1 \nPage 5 DECEMBER 31, 2011 2010 $ 464,071 $ 799,586 464,071 799,586 1,058,204 1,112,032 (591,288) (645,439} 466,916 466,593 1,025,088 977,146 650 650 5,083 4,221 1,025,738 987,100 $ 1,956,725 $ 2,253,279 LIABILITIES AND STOCKHOLDERS' EOUITY CURRENT LIABILITIES Accounts Payable Payroll Taxes Withholding Payable Notes Payable - Cunent Portion Cash Drawn in Excess of Available Funds Uneamed Income Income Taxes Payable TOTAL CURRENT LIABILITIES OTHER LIABILITIES Notes Payable - Noncurrent Portion Security Deposits TOTAL OTHER LIABILITIES TOTAL LIABILITIES STOCKNOLDERS' EQUITY Common Stock Class A- 48,000 shares, $.10 par value authorized, 43,200 shares issued and outstanding Class B- 52,000 shares, $.10 par value authorized, 32,000 shares issued and outstanding Additional Paid-in Capital Treasury Stock Retained Deficit TOTAL STOCKHOLDERS' EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 446,975 $ 684,043 106,138 101,625 550,136 686,625 85,478 169,155 75,829 37,525 47,550 1,312,106 1,678,973 495,204 331,853 7,756 7,756 502,960 339,609 1,815,066 2,018,582 4,320 4,320 3,200 3,200 1,044,453 1,044,453 (150,460) (759,854) (817,276) 141,659 234,697 $ 1,956,725 $ 2,253,279 The accompanying notes are an integral part of this statement. Page 2 of 10 Pages Item # 24 i - Attachment number 1 anPage 5 ALCALDE FAY, LTD. STATEMENTS OF INCOME AND RETAINED DEFICIT (See Independent Accountants' Review Report) REVENUE Fees, Retainers and Reimbursements EXPENSES Salaries and Related Payroll Expenses- Including ESOP Contribution Consulting Fees Office Rent Insurance Professional Services Direct Client Expenses Office Supplies and Expense __P-arking _ - - _ __ Taxes Depreciation and Amortization Contributions Auto Expense Political Contributions Bad Debt Entertainment and Promotion Miscellaneous Expense TOTAL OPERATING EXPENSES INCOME FROM OPERATIONS OTHER INCOME/(EXPENSE) Miscellaneous Income Sublease Income Interest Income Loss on Investment Loss on Disposition of Assets Interest Expense TOTAL OTHER INCOME/(EXPENSE) FOR THE YEARS ENDED DECEMBER 31, 2011 2010 $ 10,572,979 $ 10,818,613 4,453,795 1,573,705 765,962 277,427 251,949 168,987 143,668 _ _ _ 72,204. 66,583 48,523 44,100 25,928 25,773 11,984 4,086 545 7,935,219 2,637,760 158,215 114,894 12,089 (4,220) (12,398) (54,791) 213,789 5,057,498 1,771,882 755,011 247,824 308,812 177,461 163,662 _ _ - _ 66,3_4_8 _ 63,264 60,511 17,865 24,009 20,136 124,000 7,702 7,695 8,873,680 1,944,933 41,058 53,600 16,864 (38,247) 73,275 OFFICERS' SALARIES 2,742,494 2,443,890 NET INCOME (LOSS) BEFORE INCOME TAXES $ 109,055 $ (425,682) The accompanying notes are an integral part of this statement. Page 3 of l0 Pages Item # 24 Attachment number 1 \nPage 5 ALCALDE FAY, LTD. STATEMENTS OF INCOME AND RETAINED DEFICIT (CONTINUED) (See Independent Accountants' Review Report) FOR THE YEARS ENDED DECEMBER 31, 2011 2010 NET INCOME (LOSS) BEFORE INCOME TAXES $ 109,055 $ (425,682) PROVISION FOR INCOME TAXES NET INCOME (LOSS) RETAINED DEFICIT, BEGINNING RETAINED DEFICIT, ENDING (51,633) 57,422 (425,682) (817,276) (391,594) $ (759,854) $ (817,276) The accompanying notes are an integral part of this statement. Page 4 of 10 Pages Item # 24 � � Attachment number 1 \nPage 5� ALCALDE FAY, LTD. STATEMENTS OF CASH FLOW (See Independent Accountants Review Report) FOR THE YEARS ENDED DECEMBER 31, 2011 2010 � CASH FLOWS FROM OPERATING ACTIVITIES Net Income (Loss) $ 57,422 $ (425,682) Adjustments to Reconcile Net Income to Net Cash Provided (Used) by Operating Activities: Depreciation and Amortization 48,523 60,511 Net Loss on Sale of Automobiles 12,398 Changes in Assets and Liabitities: Accounts Receivable 335,515 14,1 ]0 Income Taxes Payable 47,550 (1,668) Unearned lncome 38,304 19,779 Prepaid Expenses 5,083 64,665 Pay_roll Withholdin�s Payable _ 4,513 (27,183) Investment in Technology International 4,221 Accounts Payable (237,068) 170,052 NET CASH PROVIDED/(USED) BY OPERATING ACTIVITIES 316,461 (125,416) CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from Sale of Automobiles Net (Increase) Decrease in Loans to Stockholders Purchase of Fixed Assets NET CASH PROVIDED/(USED) BY INVESTING ACTIVITiES CASH FLOWS FROM FINANCING ACTIVITIES Loan Proceeds Acquisition of Treasury Stock Loan Curtailments NET CASH PROVIDED/(USED) BY FINANCING ACTIV[TIES NET INCREASE (DECREASE) IN CASH CASH - BEGINNING CASH - ENDING SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION: Cash Paid During the Year for Interest 61,185 (47,942) 152,465 (122,429) (25,374) (109,186) 127,091 646,290 100,000 (150,460) (619,428) (123,045) (123,598) (23,045) 83,677 (21,370) (169,155) (147,785) $ (85,478) $ (169,155) $ 54,791 $ 38,247 The accompanying notes are an integral part of this statement. Page 5 of 10 Pages Item # 24 Attachment number 1 \nPage 5 ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 20111 NOTES TO FINANCIAL STATEMENTS NOTE 1- SUMMARY OF SIGNIFICANT POLICIES Nature of Operations - Alcalde & Fay is a consulting firm which provides counsel on government, legislative and public affairs; supportive services ranging from representation with the Federal Government to national media relations and grassroots campaigns throughout the country and marketing assistance on government and related contracts. Trade Accounts Receivable - The Corporation considers accounts receivable to be fully collectible; accordingly, no allowance for doubtful accounts is required. Revenue Reco�nition and Cost Reco ni� - For financial reporting, the company recognizes income and expenses on t e ah- ccrual method of accounting. UnZl�r-thrs-rneth�d,-revenue-is-reeogru�e -d-when- , earned and expenses when incurred. Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Fixed Assets - Fixed assets are recorded at cost and capitalized. The depreciable assets of the Corporation are depreciated on straight-line and accelerated methods over the estimated useful lives of assets. Loan Fees - Loan fees have been capitalized and will be amortized over the lives of the loans. Cash and Cash Equivalents - For purposes of the statement of cash flows, the company considers all highly liquid debt instruments purchased with a maturity of three months or less to be cash equivalents NOTE 2- RELATED PARTY TRANSACTIONS As of December 31, 2009, the Corporation was owed $1,129,612 from its stockholders. During 2010, an additional $1,200 was advanced to the stockholders and repayments totaled $153,666 decreasing the balance at the end of 2010 to $977,146. In 2011, $48,889 was advanced to the stockholders and repayments totaled $947 bringing the loan balance to $1,025,088 at December 31, 2011. Interest on these loans is being charged at various market rates and principal is due on demand. Interest paid on these loans totaled $12,086 and $16,856 for the years ended December 31, 2011 and 2010, respectively. Page 6 of 10 Pages Item # 24 Attachment number 1 \nPage 5� ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 2011 NOTES TO FINANCIAL STATEMENTS (CONTINUED� NOTE 2- RELATED PARTY TRANSACTIONS (CONTINUED) As of December 31, 2011 and 2010, the Corporation owed its stockholders the amount of $20,370 and $19,412 for salary deferrals. NOTE 3 - NOTES PAYABLE Notes payable are comprised of the following: 2011 2010 PNC Bank - Term note established December 20, 2011 in the amount of $440;98�.—lblonfihly-payrrients-of-$�U��7-eomme-nce-o� Januar�ti0,-2012,—�-��985- � Interest is payable at 3.45%. Principal balance due on December 20, 2016. Guaranteed by Hector Alcalde and Kevin Fay. PNC Bank - Line of Credit in the amount of $300,000. Interest is payable at the Lender's prime rate, which can vary. Principal balance due November 15, 2012. This note is secured by a lien on the existing and 300,000 future assets of the Corporation. Guaranteed by Hector Alcalde and Kevin Fay. PNC Bank - Line of Credit in the amount of $200,000. Interest at Prime Rate minus .50% payable monthly. Loan was paid on full on December 20, 2011. PNC Bank - Term note established August 24, 2007 in the amount of $400,000. Monthly payments of $5,956.75 commenced on September 24, 2007. Interest was payable at 6.49%. Loan was paid in full on December 20, 2011. PNC Bank - Line of Credit in the amount of $350,000. Interest was payable on a monthly basis at the Prime Rate minus 1.01%. Loan was paid in full on December 20, 2011. Vehicle Loans - The Corporation has six vehicle loans totaling $204,355. Interest rates range from .9% to 7.99% and are payable in 36 to 72 monthly installments in the amount of $612.82 to $1,565.65. Hirschberg Loan - Term note established December 10, 2010 in the amount of $100,000. Interest is payable at 5%. The outstanding principal and interest are due on June 9, 2012. � Current Portion Long Term Portion Page 7 of 10 Pages 200,000 232,317 260,000 204,355 226,161 100,000 100,000 1,045,340 1,018,478 550,136 686,625 $ 495,204 $ 331,853 Item # 24 � Attachment number 1 \nPage 5 ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 2011 NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 3 — NOTES PAYABLE (CONTINUED) Following are maturities of long-term debt for each of the next five years: 2012 $ 550,136 2013 157,646 2014 119,566 2015 105,776 2016 108,549 Total $ 1,041,673 NOTE 4— EMPLOYEE STOCK OWNERSHIP PLAN {ESOP) In 1999, the Company established an Employee Stock Ownership Plan and a related trust as a long- term benefit for substantially all employees. Generally, anyone employed on the last day of each plan year is eligible to participate. The ESOP initially borrowed $5,000,000 from the existing shareholders and $400,000 from the Company to purchase 40,000 shares of new Class A common stock from the shareholders and 3,200 shares from the Company at market value. The loan was paid in full during the year ended December 31, 2005. Associated with the ESOP, the Company borrowed $1,000,000 to loan to the shareholders to acquire qualified replacement property. The Company can make annual contributions to the ESOP up to the lesser of 25% of participants' salaries or the statutory limit which is $49,000 and $49,000 for 2011 and 2010, respectively. The Company has made contributions to the ESOP and has paid dividends on the ESOP stock. T'he ESOP shares had all been allocated to participants' accounts. For 2011, the Company made no contributions to the ESOP. As of December 31, 2011 and 2010, the ESOP owned 42,069 and 43,200 allocated shares, respectively. The corporation has the obligation to repurchase these shares as ESOP participants meet eligibility requirements. During 2011, the Company purchased 1,131 shares in fulfillment of its repurchase obligation. Page 8 of 10 Pages Item # 24 ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 2011 NOTES TO FINANCIAL STATEMENTS (CONTINUED) NOTE 4— EMPLOYEE STOCK OWNERSHIP PLAN (ESOP) (CONTINUED) Company ESOP contributions, dividends, reclassifications and expenses for the years ended December 31: Contributions 2011 2010 $ 0 $ 194,724 Attachment number 1 \nPage 5 Reclassified to Compensation Expense in accordance with AICPA SOP 93-6 to re ect s ares a loc— a�ed�o part-icipan s Contributions $ 0 $ 194,724 , An ESOP Repurchase Obligation study prepared as of October 2004 anticipates that shares will be repurchased due to staff retirement, turnover and diversification. We have used the projected number of shares and the value of the stock at December 31, 2011 to reflect the projected repurchase obligation for the next five years. 2012 $ 220,049 2013 181,513 2014 282,378 2015 233,788 2016 267,857 NOTE 5 — COMMITMENTS In 2004, the Corporation entered into a ten year lease for its Virginia office which was effective March 1, 2005. Rent is increased annually at a rate of 2.75% and a proportionate share of increases in real estate taxes and operating expenses. The minimum monthly rent under the lease for the years ending December 31, 2011 and 2010 was $58,885 and $57,309 respectfully. The Corporation maintains operating leases for autos and office equipment. Payments under these leases currently total $5,498 per month. Page 9 of 10 Pages Item # 24 ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 2011 NOTES TO FINANCIAL STATEMENTS (CONTINUED� NOTE 5 — COMMITMENTS (CONTINUED) Minimum rent payments for the next five years are as follows: 2012 $ 788,930 2013 805,807 2014 180,915 2015 22,461 2016 11,486 Total $ 1,809,599 NOTE 6 — INCOME TAXES Provision for Income Taxes Attachment number 1 \nPage 5i For income tax purposes, the Corporation prepares its tax returns on the cash basis method of accounting. Income Taxes Payable Adjustment for Prior Year Deferred Income Taxes Provision NOTE 7 - SUBSEQUENT EVENTS 2011 $ 51,633 $ 2010 � $ 51,633 $ 0 The date to which events occurring after December 31, 2011, the date of the most recent balance sheet, have been evaluated for possible adjustment to the financial statements or disclosure is March 15, 2012, which is the date on which the financial statements were available to be issued. Page 10 of 10 Pages Item # 24 Attachment number 1 \nPage 6� Currently, all Alcalde & Fay clients are billed based upon a monthly retainer to employ our services. Along with our clients, we believe this provides them with their most cost- effective approach, and allows us to perform all the work required to be successful on a client's behalf without concern of whether each hour might ultimately contribute to that success. In some months the hours are heavily in favor of the client because of the required effort to be successful. In others, Alcalde & Fay monthly "billable" hours are lower because of Congressional non-legislative periods and the timing in the authorization and appropriations cycles. A monthly retainer allows the client to operate with a firm fixed budget. As requested by the RFP, the summary below represents a typical hourly effort to be and support staff dedicated to implementing the scope of services is not factored, thus the normal hourly rates of the Proposed Client Team are as follows: Kevin Fay, President L.A. "Skip" Bafalis, Senior Partner Danielle McBeth, Partner Perrin Badini $600 X 5 hours =$3,000 $550 X 5 hours =$2,750 $450 X 15 hours =$6,750 $275 X 10 hours =$2,750 Total $15,250 However, for purposes of the effort described in our proposal, we propose a monthly retainer of $4,000. Notably, this is a significant savings over our regular hourly rate. This monthly retainer fee is exclusive of out-of-pocket expenses for services such as telephone tolls, copying, messenger service, parking, transportation, and postage, which we would not anticipate the average costs to exceed $100 per month. Any expenses for travel outside of the Washington metropolitan area would be additional and undertaken only at the City's request and direction. We would not expect pre- authorized travel expenses to exceed $2,000 annually. Reimbursement is based on actual expenses with no administrative overhead applied. In addition, other partners and associates of Alcalde & Fay may be utilized on an as- needed basis, to complement the efforts of our Clearwater client team when such efforts would benefit the client. There will be no additional charge for such work if we are selected to work on a monthly retainer basis. Alcalde f�Fay� Government and PublicAffairs Consulianis I t�ge �k824 Attachment number 1 \nPage 6 Monthly invoices submitted to the City by Alcalde & Fay will be payable net 30 days at the following address: Alcalde & Fay Attention: Accounting Department 2111 Wilson Blvd., 8� Floor Arlington, Virginia 22201 Alcalde &Fay� Government and PublicAffairs Consultanis � t p g��4 Attachment number 1 \nPage 6 Alcalde �Fa,�� Governmeni andPublicAffairs Consultqnts I t p ge$��4 � � � W a O[� F�1 O � �. 0 0 � w � 00 � �, � � � � 0 �� o O N � N.. � Q' � � N � yO-! oJ1 � � F"� � � w � a� � '� U N � N W N � �z o -�� z� a H� d�0 Attachment number 1 \nPage 6 3 � � a O � U U 0 0 " " " ti �--I � 0 I ' W F _ m � k k k k k k .� E O� k iG k il k k k X k k k k k k �C �t _, w Gz. � a � � u � x �Q � � F � h � � � � � � O G W 3 > �k i( �t k k k iC k k it k k k k X � a � O k i� i� ��l----X-- -7G--il--X--- --! —�— �� O `m m � - O Y I �� q x ` m � 9 �� q U x x � �; � � � .� m k k k it ' i� y v e6 c u m � k >G k k k X k X k k X k X k k k k ° � �N �� a U n O a ¢ ayi f.f A N }y p 11 U � N '" = iri II �1 2 A � � O 1--� � t � `� � `� � o � W �U �, � ��,�j U u n � +�+ � C� O •O ��.-' � � Q,' }' � �' `� A � �s� .� s� .� r-i sti ..�� Y, � r-i r-w '+ � s� s� V' fLl F, c� F-, ,-�� s, �(�j = N� Fi Q �i Q -i -� �i � Li O Fi ��.+i Q� � {i��i }Li- ..��I � �I O VJ � � � !_�/J O 1n N c� t�-y� vJ t�+y vl y��.y 'l� �r"' try+ � ,�,, t��y y U � i..� ?�-� v] ..�.i }i�� • r% �y' .i�, t�-+y � r~n � o Z � R � C6 � C6 Cd 0 C6 � C6 Ca � i-y C� @ �� Ca � � RS � C6 � � a N Ua�a��..at�av�aaa;aaaa�c�a�d,ac�a� m a„ �� m m ._ �9 � � �Y 7-. �f�/C� p � � �}�1 h+M V N � a� .� .-a °� :� � � � N • � � � � O'� �„��"', � �"" � �'+ � � �"V] � ti � � Cd `o i10 � '��° �, � o o � �, � .� . � c� � � �[, [--� cd �4 �.�., � � c� c� 'v � � � � o � �1��i, �z��zd,��'O��-�'•�ZZ ��WU o��Q� � E o Q j~�.-rW p�Q�Z�1v� °'�d'�U��E"ZO� �� LL F ¢��Qx�xwwa�oz��v��z��Q�W�xm Uw�1ZOOHaaa �� Q�a!�W ��W � N ° CMMMMMU�U�UU�W WwC7C7xxxxx�ti�4� � � : Item # 24 a � z � W � O � O � �. 0 0 � w � 00 � � > � � � O �o N O N 3� � � N � z .� O� � cd w � � "� �---� C� U N � 0 � � �z �z z� � � O AU 3 � �a O a, � O � U U � U � O � � W � x W a o� � � � �e+ X �G 0 Q � � X a x � 3 � , 1� ■� ��.�..�..�.....� 1,,,,,,,,,,,,,,1 1��,�,��1 1,,,�„�,,,,�„1 1�0��0��0�00�001 ■■s�■s■�■■��e■■� x k .�.■■�■■■■■�■■■■■■, �■sss■ssass■ss■ase� � � � � � � y � r%� i�r E � � ��.y � iti � � U � � h � � � a .��1 � � � +-.� +� 4"' �N,, � +-' � '��l� � +J � '�L" � ir � (� ir O . � � •" CCi . � i-i \ i-i i-i . � i-i ir � � � v�i � � v � � v c� v'�'i v � � � � v � � � v�, `n � .�' .v�i � �i vi � .vi � Ca �+ � cd � � � .�' 0 �n U a�� a�1 d� d� w C� a a� a.. � a� U C� � � c� � � � � � ; � � a � � � z �. � � � � .� � � ,,/ � � � ti � � r-�+ � �" � f..' � � � W �" � ' �"" � W O Z?QU� of�" �ZE-�E�-,C7.� ��°F-��W E Z�H��=+�z�.;� W W WF-+Q�C7Wa�Q 1-�1 a., z W N��c7��pH�xO..r�,_.,�Wixa�O �a��za�r�°x��H�3� Attachment number 1 \nPage 6r � w .� , .q G O d � L� O �c n � o � d U 9 n a V a � u � k � m A U a ,y c � � u �o q 11 Q U 0 a a o � N A n � a S y �� e 2 A .� C L � u •c O � u n '� � a —v' y = C O `o �°-� 3 � w u oZ Y am m a° n �� 0� y ,_ Oiy 'C q Y � � e oE u = V A q G N V � _ � �a m O �2 II j �� C � O J : d Y � � c°� N IL W 3 n r � LL U �Wo �� :� Item # 24 Attachment number 1 \nPage 6 AL�CALL7�� +� �AY �R+GA��TI�ATICl�1AL ��.��T �baa�man �+C�(7 I-�ect�r lilcalc�e LA. "S�sip" Bafalis Ta�d� B�s�i Rnb Catton Catt ltcada�cy Coleu�aau G��hi� Go1��.a J� r�g�� su�� , , ,, P'r�s�t I�e�� a� 11!Ia��i�,g .�ar�i�r� 1'3ancp P'�owitt �� Joshua �abatcxi Loss a�'Foar� Ux�aar Ghi�nan: t�er�rg�e PUI�z �Ti� Iset��xx F+�:athg,]vsa�to-�usoz �us�ce FtiaxrL�and �� s �� T� �� c,�� T��, s� ct�� e:' , rr� � � j f � �t� �flfi�t9. �IT31% #�i11�1'ES'V �C�CtfIi39C�i. �.�rRC.IBi� �G�ii11LC�. �t72]l�& �` �1{{ .�.'�£'�1 � .�taa'dfl �`� Adt,�i��s#rrsttue S��x�ort` �S.�Qr'�tnrin �'-s..�r•d215 .�ki3E i2£i�i1C.k � t5�.3 �C�i 1�lAlL ��C£ �lIIl �'J1iYOCii I�e �ti�pc Jc��n ^�tis�up �1d�rivn'�`ucaes J� �Q�� x Crt, y� vf �1`e��ter C�i��t �"earra I�s:vielte �+ieBert�, Pachne€ I; �vr� �'ap, F'�e,su%ar�t � "5kip>' Bafa�is, P�-t�r Pre,�is� Badsni, ��sac��te Item # 24 Attachment number 1 \nPage 6� ALCALD� & FAY GQY8RNM8?67' �, �WBLIC i1FFAipS Cftl1��SUI.TANT� May 17, 2012 MEMORANDUM To: Rosernarie Call FROM: Danielle McBeth Perrin Badini SUBJECT: Federal Legislative Update Before adjourning for a two-week recess on March 30, 2012, the House voted 228 to 191 in favor of the FY 2013 Republican Budget Resolution (H. Con. Res. 112), entitled "The Path to Prosperity", which was introduced a week earlier by Budget Committee Chairman Paul Ryan (R-WI) and which provide insight in Republican spending priorities over the next decade, including initiatives to lower the corporate tax rate and restructure Medicaid as a block grant program. The adopted budget resolution also set the FY 2013 discretionary spending limit at $1.028 trillion, which is $19 billion less than the $1.047 trillion limit established for FY 2013 in the Budget Control Act (BCA) during last year's debt limit debate (includes $546 billion for defense and $501 for non-defense). This decision received strong opposition from both House and Senate Dernocrats, and President Obama has threatened to veto any spending bill that adopts spending caps below those agreed to in the BCA. Despite the looming risk that differing spending caps could lead to problems when the House and Senate begin conference negotiations on any of the FY 2013 spending bills approved by either chamber, the respective Appropriations Committees have both begun the process of marking up some of their FY 2013 spending bills. Also included in the budget resolution is a provision that would seek to avoid the pending across-the-board budget cuts by utilizing the reconciliations process. As previously reported, the Joint Select Committee was unable to come to a cornprornise before the November 23, 2011, deadline, and therefore the sequestrations defined in BCA were "triggered." The sequestration process initiates automatic spending cuts equal to the $1.2 trillion of savings required of the Super Committee, and will be implemented on January 2, 2013. For 2013, these across-the-board cuts are split equally between defense and nondefense spending and equate to an approximately nine 2111 WILSON BOULeVARD STH FLOOR ARLINCTON, VA 22201 pi� (703) 841-0626 FAX (703) 243-2574 Item # 24 Attachment number 1 \nPage g percent cut to affected programs. Altllough the triggers do not include cuts to Social Security, Medicare beneficiaries, Medicaid and low-income programs, the cuts would result in, at most, a 2 percent cut in payments to Medicare providers. Chairman Ryan's plan requires six House authorizing Committees to identify a total of $261 billion in reductions to mandatory programs over ten years, with each Cornmittee assigned to achieve a specific amount. Each of the House Committees has until April 27, 2012 to submit their recommendations to the Budget Comrnittee, which will compile the various cuts into a single reconciliation bill that could be considered by the full House by the end of May. Although it is unlikely that the Senate would chose to adopt any of the proposals offered by the House unless they were indicative of bipartisan negotiations, Congress could ultimately choose to enact them in lieu of the sequesters across-the-board cuts set to take effect in January, 2013. Waters of the U.S. On March 28, 2012, the Preserve the Waters of the U.S. Act, (S. 2245) was introduced to prevent the Environmental Protection Agency (EPA) and the Army Corp of Engineers (Corps) from moving forward with the "waters of the U.S." guidance. This bill is in response to a proposed guidance on "Identifying Waters Protected by the Clean Water Act." Originally issued as a draft in April 2011, the guidance was sent in final form to the Office of Management and Budget on February 21, 2012. According to the EPA and the Corps, the guidance is meant to clarify what waters fall under federal jurisdiction by modifying the "waters of the U.S." definition in the Clean Water Act (CWA). Alcalde & Fay drafted a letter of support for S. 2245 on behalf of the City to convey to its Congressional Delegation that the proposed EPA guidance would drastically expand the definition and scope of "waters of the U.S." that fall under federal jurisdiction, including nearly all ditches, flood control channels, and culverts, by modifying the jurisdictional definition of tributaries and navigable waters. State and local authority over public infrastructure projects, as well as over locally controlled watersheds and small bodies of water would be drastically impacted as the EPA could now claim jurisdiction over these "waters." Water Inf�astructure Financing The House Transportation and Infrastructure Subcommittee on Water Resources and Environment recently held hearings on February 28, 2012 and March 21, 2012 to address Item # 24 page 2 of 13 Attachment number 1 \nPage 6 water infrastructure financing. During the hearings, Subcommittee Chairman Bob Gibbs (R-OH) noted that the Congressional Budget Office (CBO) and the Environmental Protection Agency (EPA) estimate the cost of addressing the nation's clean water infrastructure could exceed $400 billion over the next 20 years. This estimate is rougl-ily twice the current investment by all levels of government. Over the course of the two hearings, the Subcommittee heard testimony from witnesses, many of whom discussed the need for flexibility with new legislation and for an appropriate means of administering the proposed Water Infrastructure Finance and Innovation Act (WIFIA), for which a draft discussion is enclosed. Many of those testifying, as well as those on the Subcommittee, expressed support for the legislation. The WIFIA legislation, based upon the Transportation Infrastructure Finance and Innovation Act (TIFIA), would expand the federal role in financing water infrastructure improvements. The WIFIA program proposes to offer direct loans and loan guarantees to finance the country's most expensive water infrastructure projects. The idea is that small governments and municipalities would have improved access to capital markets, better interest rates, and more flexible repayment terms. Several of those testifying at the Subcommittee hearing voiced support for WIFIA, though differences of opinion were strong with regard to the administration of the proposed program. Ryan Schmitt, President, Petticoat-Schmitt Civil Contractors, Inc. and Chairman of the Board of the National Utility Contractors Association (NUCA), testified on behalf of Utility and Excavation Contractors. Mr. Schmitt, like Indianapolis Mayor Greg Ballard, who testified on behalf of the United States Conference of Mayors (USCM), suggested that the state is much closer and in a better position than the federal government to assess the needs of localities. Mayor Ron Behm, City of Napoleon, Ohio, stressed that the increasing costs of water infrastructure will eventually cause a breaking point because higher taxes and raising rates alone will not be able to support the need that exists. Mayor Behm spoke of his support for another bill, the Clean Water Affordability Act of 2011 (H.R. 1189), which he said would help municipalities by extending repayment projects and requiring states to set aside funds for municipalities with fewer than 10,000 residents. Impact on Clean Water State Revolving Fund (CWSRF) Chairman Gibbs clarified that WIFIA is designed to complement, not compete with other water infrastructure funds such as the State Revolving Fund (SRFs), and he alsos stated that while more expensive projects could potentially directly access WIFIA funding, SRFs would remain in place for those less expensive projects. As an established program, the SRFs have a history of working in water infrastructure, and Item # 24 page 3 of 13 Attachment number 1 \nPage 6I others are familiar with the process, so routing WIFIA funding through these may be a good option. Water Quality Protection and Job Creation Act of 2011 Last fall, Ranking Member Bishop introduced the Water Quality Protection and Job Creation Act of 2011 (H.R. 3145), a bipartisan measure, which he noted has more similarities with the WIFIA legislation than it has differences. H.R. 3145 continues the efforts to reauthorize the CWSRF, and Congresswoman Grace Napolitano (D-NY) commented that it would provide $13.8 billion to the state revolving funds over a period of five years. During the second hearing, Ranking Member Bishop reported a dozen additional Members had signed on as co-sponsors of the Water Quality Protection and Job Creation Act of 2011 since the first hearing. The measure now has 34 co-sponsors. Surface Transportation Authorization Act We recently provided a summary of the first meeting of House and Senate conferees for the surface transportation reauthorization. By way of background, the Surface Transportation Extension Act of 2012 (H.R. 4281) was signed into law by President Obama on March 30, 2012, extending the authorizations for highway and transit programs provided in SAFETEA-LU through June 30, 2012. Following Senate passage of MAP-21 (Moving Ahead for Progress in the 21st Century-S. 2183) on March 14, 2012, both House and Senate Democrats had pressured House Republicans to act on the two- year reauthorization bill. However, House Republicans instead chose to move forward with the short-term bill, and Congress ultimately voted in favor of the 90-day extension on March 29, 2012, only two days before the previous extension was scheduled to expire. Before leaving Washington for a two-week recess on March 30, 2012, House Speaker John Boehner confirmed that the bill's top stakeholders would be working over the recess to finalize a modified version of Chairman John Mica's (R-7t'') five-year bill, the American Energy and Infrastructure Jobs Act of 2012 (H.R. �. It remained unclear, however, which policy provisions would be left in the updated draft of the bill, although Chairman Mica had indicated that he was willing to remove language that would have eliminated the 20 percent set-aside from the Highway Trust Fund for mass transit programs. Speaker Boehner continued his support for the domestic energy provisions he had previously championed, which would supplement the depleted Highway Trust Fund with revenue gained from future oil and gas production, Item # 24 page 4 of 13 Attachment number 1 \nPage 7� including drilling in the Arctic National Wildlife Refuge (ANWR), expanding sirnilar efforts in the eastern Gulf of Mexico and along the mid-Atlantic Coastline, and approval of the Keystone XL pipeline. Referencing the post-recess strategy in the House, Speaker Boehner confirmed that House Republicans would "move quickly to move a highway bill with our energy initiatives and ship it over to the United States Senate." Upon returning from the two-week recess on April 16, 2012, House Republicans announced that instead of moving forward with a long-term reauthorization bill that would be conferenced with MAP-21, they would instead seek an additional 90-day extension through September 30, 2012. This strategy would allow the House Leadership to essentially use the extension as a"shell bill" in order to begin conference negotiations with the Senate on a long-term reauthorization bill. Speaker Boehner admitted if it were solely up to him, "H.R. 7 would have been on the floor six weeks ago," but that due to a lack of Republican support for Chairman Mica's bill, or for any modified versions that had been �ro�osed, the House was forced to use the extension as a"Plan B" to get to conference on a long-term bill. The extension was approved by the full House on Apri118, 2012, by a vote of 293 to 127, which included supporting votes from T&I Ranking Member Nick Rahall (D-WV) and 68 Democrats, many of whom only supported the bill in order to move forward with conference negotiations. The extension included several policy provisions designed to garner support from House Republicans, including a mandate for approving the Keystone XL pipeline and language that would send fines from the BP oil spill to projects in the Gulf States. These provisions were included by the House leadership in order to garner support from within their own party, and to signify some of their main policy priorities before beginning conference negotiations. The list of House and Senate conferees is included below for your reference: Senate Conferees Barbara Boxer (D-CA) Max Baucus (D-MT� Dick Durbin (D-IL) Tim Johnson (D-SD) Bill Nelson (D-FL) Charles Schumer (D-NY) Robert Menendez (D-NJ) James Inhofe (R-OK) David Vitter (R-LA) Orrin Hatch (R-U'I) House Conferees John Miea (R-FL) Don Young (R-AL) John Duncan (R-TN) Bill Shuster (R-PA) Shelley Moore Capito (VW) Rick Crawford (R-AR) Jaime Herrera Beutler (R-WA) Larry Buschon (R-IN) Richard Hanna (NR-NY) Steve Southerland (R-FL) page 5 of 13 Chip Cravaack (R-MN) Dave Camp (R-MI) Patrick Tiberi (R-OH) Nick Rahall (D-VW) Peter DeFazio (D-OR) Jerry Costello (D-IL) Jerrold Nadler (D-NY) Corrine Brown (D-FL) Elijah Cummings (D-MD) Leonard Boswell (D-IA) Item # 24 Attachment number 1 \nPage 7 Richard Shelby (R-AL) James Lankford (R-OK) Tim Bishop (D-NY) Kay Bailey Hutchison (R-TX) Reid Ribble (R-WI) Henry Waxman (D-CA) Jay Rockefeller (D-WV) Fred Upton (R-MI) Ed Markey (D-MA) John Hoeven (R-ND) Ed Whitfield (R-KY) Eddie Bernice Johnson (D-TX) Doc Hastings (R-WA) Earl Blumenauer (D-OR) Rob Bishop (R-UT) Del. Eleanor Holmes Norton (D-DC) Ralph Hall (R-TX) Numeric Nutrient Criteria On May 17, 2012, the Environxnental Protection Agency (EPA) is proposing to extend the July 6, 2012, effective date of the "Water Quality Standards for the State of Florida's Lakes and Flowing Waters Final Rule" for three months until October 6, 2012. T'he EPA is also requesting comments on extending the date to July 6, 2013. As you may recall, last November the EPA notified the Florida Department of _ Environmental Protection (FDEP) that their pro�osed rule establishing numeric criteria for Florida waters was consistent with the requirements of the Clean Water Act. The letter also noted that EPA would withdraw its federal standards for those Florida waters covered by the FEDP's rule, provided that the FDEP rule was approved by the � Florida State Legislature and the Governor, which occurred in February, 2012 (S.B. 2060/H.B. 7051). On February 20, 2012, the FDEP sent the rules to EPA, which sets numeric nutrient criteria for certain Florida waters. However, a petition was filed with the Florida Department of Administrative Hearings challenging the validity of FDEP's NNC rules. A hearing was held the week of February 27, 2012, and the Administrative Law Judge has not yet issued an order in the case. Essentially, the three-month extension of the effective date of the rule would allow time for t11e admulistrative challenge to be resolved, and if FDEP prevails, for FDEP to notify EPA that the NNC rules have been officially adopted. If EPA were to approve Florida's rules, EPA would then consider proposing and finalizing an additional extension (July 6, 2013) to allow time for EPA to withdraw any Federal numeric nutrient criteria that correspond to criteria that have been adopted by Florida and approved by EPA. If the City would like to submit comments to the EPA, they must be received by June 18, 2012. Instructions for submitting comments and more details are included in the attachment. Item # 24 page 6 of 13 Attachment number 1 \nPage 7 Public-Safety Broadband Network On May 11, 2012, we attended a briefing and panel discussion organized by the U.S. Conference of Mayors regarding the public-safety broadband network established by the Middle Class Tax Relief and Job Creation Act of 2012 (H.R. 3630) passed earlier this year. The panel consisted of the following issue-area experts: Ken Boley, former Chief Technology Officer for the District of Columbia; Heather Hogsett, Director of the Homeland Security and Public Safety Committee of the National Governors Association; and Mitch Herckis, former Senior Legislative Counsel and Principal Associate at the National League of Cities. Although originally scheduled to attend, the representative from the National Telecommunications and Information Administration (NTIA) was unable to participate but did provide the enclosed PowerPoint presentation that higlllights the various provisions included in H.R. 3630 related to the public-safety network. The panel provided background on the effort to establish the network and the technical aspects of its pending implementation. As noted in the NTIA presentation, the Act requires NTIA to establish a First Responder Network Authority (FirstNet), which will be tasked with overseeing the design, deployment, construction and operation of the network based on a single, national architecture. The independent 15-member board, housed within the NTIA, will consist of the Secretary of Homeland Security, U.S. Attorney General, Director of the Office of Management and Budget (OMB), and 12 individuals appointed by the Secretary of Commerce who represent various state and local interests and each have public safety, network, technical, and financial expertise. During the discussion of FirstNet's responsibilities and required contact and coordination with State's on implementation of the network, Ms. Hogsett referenced the Federal Register notice (here) released by the NTIA regarding the recruitment of the 12- member FirstNet board. FirstNet will ultimately be consulting with a"single officer or governmental body" designated by the State as the point of contact. As such, local officials should contact their respective representatives, and the NTIA when applicable, regarding their input on these processes. The panel also discussed the process and possible complications related to the Act's provision that provides each State the ability to "opt-out" of the federal deployment and instead establish their own network, although this network would still need to meet federal standards. Mr. Boley stressed that the short turnaround-time allowed for a State's decision regarding participation would make opting-out "very hard" and would require "lots of front work at the state/local level." Mr. Boley provided the below timeline for the process of a State decision on this issue: Item # 24 page 7 of 13 Attachment number 1 \nPage 7 ➢ Unspecified Date: FirstNet notifies Governor that RFP process is complete, provides details of FirstNet plan, including amount for funding for deployment in State. ➢+90 Days: Governor notifies FirstNet of State's decision on whether to opt-in or opt- out of FirstNet plan for deploying radio access network in State. ➢+180 Days: If State elects to opt-out, it must complete RFP and FCC must find that it meets interoperability requirements. ➢ Result: If FCC approves opt-out election based on interoperability determination, State can apply to NTIA for grant and lease. If FCC rejects opt-out election, FirstNet proceeds as though State opted-in. Mr. Boley said that if a State were to opt-out, the time available for the RFP process would present a serious hurdle for most states. Ms. Hogsett noted that she had heard from a"handful" of Governors expressing an interest in opting-out due to "issues � related mostly to sovereigntv concerns" and possible financial restrictions. However, she said that she was unsure if they were 100 percent committed to opting-out and that many would wait until the NTIA and FirstNet regulations/rules were further clarified. She did stress, though, that state and local officials should be coordinating to inventory their available resources and potential needs in order to better prepare themselves for the pending deployment process. In addition, the panel discussed the Act's authorization of $135 million to provide grants to state and local governments to "plan and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety broadband network." Each of the participants agreed that it was too early in the process to determine how exactly this grant program would be implemented. Ms. Hogsett acknowledged that while there was a"thirst for information" among many local government officials, clarification on many of these issues would not likely be provided until at least after FirstNet is established; however the group noted that NTIA would soon be seeking public engagement on the state/local grant program and they encouraged local officials to submit their opinions on how this program should be implemented. Less than a week after the meeting, on May 16, 2012, the NTIA published a Request for Information (RFI) in the Federal Register (here), which seeks public comment on the development of the state/local grant program. Please note that comments are due by 5:00 PM (EDT) on June 15, 2012. Grant Oppos-tunities Item # 24 page 8 of 13 Attachment number 1 \nPage 7� Alcalde & Fay prepared suggested draft letters of support for the City's Cultural Plan and Creative Asset Mapping Initiative grant application submitted under the National Endowment for the Arts (NEA) Our Town Grant Program. We then provided these draft letters to the City's Congressional Delegation for consideration. Senator Bill Nelson (D-FL) forwarded the enclosed letter of support to NEA. We have continued researching and advising the City of possible grant opportunities to assist with necessary improvements to the Capitol Theater. These grant opportunities are highlighted below along with a state grant opportunity supporting Total Ma�cimum Daily Loads (TMDL). Florida State Division of Cultural Affairs - General Program Support and Specific Cultural Project Grants Florida's Division of Cultural Affairs offers funding for both General Program Support and Specific Culture Projects. General Program Support grants fund activities of an organization that is engaged in conducting, creating, producing, presenting, staging, or sponsoring multiple cultural exhibits, performances, educational programs, or events during the grant period. General Program Support funding is not intended to fund indirect or overhead expenses. Specific Culture Projects grants fund a cultural project, program, exhibition, or series taking place within the grant period. Activities must support the mission of the organization and further the state's cultural objectives as described in the Division of Cultural Affairs' Strategic Plan, "Culture Builds Florida's Future." The four vision areas of the strategic plan are strengthening the economy, promoting wellness and learning, building leadership, advancing design and development. Grant applications must incorporate at least one of the four vision areas. An organization may submit one General Program Support or one Specific Cultural Projeet grant application for each grant period. Elig:ible Applicants include public entities governed by counties or municipalities and non-profit corporations. Applicants may not be political subdivisions of the state. Funding for General Program Support grants may not exceed $150,000 per award. Funding for Specific Cultural Project grants may not exceed $25,000 per award. Applications are due by June 1, 2012 for the period July 1, 2013 through June 30, 2014. For application information, visit: htt�://www.florida-arts.org/dcagrants . For program information, visit: htt�://www.florida-arts.org(programs/. Item # 24 page 9 of 13 Attachment number 1 \nPage 7 For information for museums; theaters; presenters; visual arts, music; and media arts, please contact Sarah Stage, Arts Administrator, by phone, (850) 245-6459, or via email, sarah.stage@dos.myflorida.com. For information for local arts agencies and state service organizations, please contact Megan Burke, Arts Consultant, by phone, (850) 245-6458, or via email, mcburke@dos.state.fl.us. For information for literature; folk arts; dance; multidisciplinary, arts in education, Culture Builds Florida; and Underserved Cultural Community Development, please contact Laura Lewis Blischke, Arts Administrator, by phone, (850) 245-6475, or via email, laura.blischke@dos.m�florida.com. Total Maximum Daily Loads (TMDL) Water Quality Restoration Grants Annuallv, the Florida state le�islature provides fundin� for the im�lementation of best management practices, such as regional stormwater treatment facilities, designed to reduce pollutant loads to impaired waters from urban stormwater discharges. Eligible products must have the following characteristics: ➢ Reduces stormwater pollutant loadings from urban areas that discharge to waterbodies on the state's verified list of impaired waters; ➢ Is at least at the 60 percent design phase; ➢ Permitted or the permit has been scheduled for approval at the next meeting of the water management district governing board or Department; ➢ Includes storm event monitoring to determine the actual load reduction; and ➢ Construction will be completed within three years of appropriation of the funds by the Legislature in order to ensure fund remain available. Eligible Applicants consist of local governments, including municipalities, counties, districts, authorities, or other agencies, as well as water management districts. The applicant must provide a minimum of 50 percent of the total project cost in matching funds, of which at least 25 percent are provided by the local government. Applications for the next round of consideration are due by July 1, 2012. Applications can be found here. For program information, click here. For further information, contact Samantha Fillmore by telephone at (850) 245-8418, or via email, Samantha.Fillmore@de�.state.fl.us. National Flood Insurance Program (NFIP) Item # 24 page 10 of 13 Attachment number 1 \nPage 71 We are nearing the expiration of the current extension of NFIP on May 31, 2012. As such, on May 17, 2012, the House passed a one-month extension of NFIP, through June 30, 2012, by an overwhelming 402 to 18 vote. This short-term extension would prevent a lapse in the NFIP while also allowing the House to keep pressure on the Senate to pass a long-term reauthorization bill. While the Senate had previously planned on considering an extension through the end of the calendar year, offered by Senator David Vitter (R-LA), an objection by Senator Tom Coburn (R-OK) regarding the lack of reforms included in the long-term extension prevented a vote from occurring, and the Senator promised to object to any short-term proposals that did not include policy reforms. Following the House vote on the one-month extension, Senator Coburn rescinded his earlier threat and said he would likely support the one-month extension. Therefore, the likely course of action is that the Senate will approve the House-passed one-month extension, and then possibly move forward with a long-term reauthorization bill during the next six weeks. As you recall, the House approved a five-year reauthorization bill (Flood Insurance Reform Act of 2011—H.R. 1309) last summer. Although the Senate Sanking Committee last fall approved its own five-year bill (Flood Insurance Reform and Modernization Act of 2011—S. 1940), the full Senate has not yet voted on either bill despite continued pressure from the House and outside interest groups. Reports in recent months indicated that Majority Leader Reid had been hesitant to bring the bill to the floor for a vote due to concerns that it will be consumed by non-germane amendments and use too much floor time. The s�onsor of both the short-term extension and reauthorization bills approved in the House, Congresswoman Judy Biggert (R-IL), recently said that she had asked the Banking Comrnittee's Chair and Ranking Members "'Do you want this or not?' And they said, 'Yes, we really do,"' but that Majority Leader Reid continued to contend that they lack the available floor time. During floor consideration of the one- month extension, Congresswoman Biggert again called on the Senate to move forward with a reauthorization bill once the short-term extension was approved. The Congresswoman noted that it had been 10 months since the House passed its bill and that with regards to why the Senate had not acted, "All we hear are excuses and rumors...it should not be that difficult." Senator Vitter recently said that he planned to offer the reauthorization measure (S 1940) in its entirety as an amendment to whatever bill comes to the Senate floor once work on student-loan legislation (S. 2343) is completed; however this effort was ultimately abandoned in lieu of short-term proposals and ongoing negotiations on the reauthorization bill. The renewed effort by the House to force the Senate's hand on this issue has been a common theme since the House passed its reauthorization bill. In response to the Senate's inaction, proponents of the House bill attached the text of their bill to Item # 24 page 11 of 13 Attachment number 1 \nPage 7 legislation in hopes of forcing a Senate vote and/or consideration of their proposal. As you may recall, the text of H.R. 1309 was included as an amendment to initial versions of the FY 2012 Interior Appropriations bill, as well as to an earlier draft of the payroll tax extension bill. Most recently, the House Financial Services Committee included the legislation as one of its budget reconciliation recommendations that were submitted to the House Budget Committee. Although it remains unclear if the Senate will even chose to address the House budget reconciliation recommendations that are ultimately approved by the Budget Committee, the inclusion of the NFIP reauthorization bill once again draws attention to the legislation and the Senate's inaction. Echoing concerns that the NFIP may be allowed to expire, or lapse, FEMA Administrator Craig Fugate on April 17, 2012, called on Congress to pass a two-year reauthorization bill. In a letter to the Chair and Ranking Members of the House Financial Services and Senate Banking Committees, Administrator Fugate stressed the imnortance of reauthorizing the program in order to prevent the "adverse and avoidable consequences of short-term reauthorizations and temporary suspensions of the NFIP." He also noted that it was important to provide a longer-term solution in order to "send a clear signal to citizens, communities, and private sector partners that the federal government will continue to support our Nation's efforts to manage flood risk." Following up in a press release a week later, David Miller, Associate Administrator for FEMA's Federal Insurance and Mitigation Administration, said that reauthorizing NFIP was the "prudent thing to do." He also noted that if the current NFIP extension was allowed to expire at the end of May, FEMA and NFIP would be unable to issue, renew, or modify existing policies. During the program's four previous "lapses", FEMA estimated that these policy-writing issues prevented thousands of people from closing on home purchases in NFIP-covered areas. The legislation that is ultixnately approved by the full Senate will still need to be reconciled with the House-passed bill, which would extend the program for five years, provide for a five-year phase-in of full premium rates for newly re-mapped areas, and allow for qualifying "areas' to apply for three one-year delays for the mandatory purchase of flood insurance. The bill also allows for a fourth and fifth year of extensions, provided that a community can demonstrate that "more than adequate progress has been made on the construction of a flood protection system for such area." The bill would also establish a 16-member Technical Mapping Advisory Council to provide recommendations and reports to FEMA regarding the adoption of updated mapping standards to be used in creating 100-year flood insurance rate maps. Item # 24 page12of13 Attachment number 1 \nPage 7 If we may answer any questions or provide additional information, please do not hesitate to contact us. Item # 24 page 13 of 13 Attachment number 1 \nPage 7 ALCALDE BL FAY GOVERNMENT & PUBLIC AFFAIRS CONSULTANTS November 8, 2012 MEMORANDUM To: Rosemarie Call From: Danielle McBeth Perrin Badini Subject: Election 2012 Analysis EXECUTIVE BRANCH President Barack Obama won a second term of office Tuesday night, garnering 303 electoral votes, exceeding the minimum 270 required to defeat his challenger, Governor Mitt Romney. Florida and its 29 Electoral College votes remains too close to call, although with most precincts reporting the President is leading by more than 40,000 votes. President Obama is also leading the popular vote by approximately 2.5 percent, roughly 58.7 million votes (50.1 percent) to Romney's roughly 56.1 million votes (48.4 percent). The President's victory was due in large part to his domination of the battleground states, having won Virginia, Pennsylvania, New Mexico, Iowa, Nevada, New Hampshire, Ohio, Wisconsin, Colorado, and Michigan. Conversely, Governor Romney won in North Carolina, Missouri, and Arizona. T'here will be a number of Cabinet changes in the President's second term. Secretary of State Hillary Rodham Clinton, Treasury Secretary Timothy Geithner and Transportation Secretary Ray LaHood are likely to end their tenure. Although highly speculative, discussions of possible nominees to fill these vacancies include Senator John Kerry (D-MA) as Secretary of State, former Clinton White House Chief of Staff Erskine Bowles as Treasury Secretary, and City of Los Angeles Mayor Antonio Villaraigosa as Transportation Secretary. U.S. HOUSE OF REPRESENTATIVES In the House, eight races remain undecided across a number of states where ballots are still being counted, including tight races in Alabama, Arkansas, California, and Connecticut. While it may take days to finalize these results, Republicans are projected to retain their majority in the House with an estimated 238 seats versus Democra��i�4 211! WILSON BOULEVARD S'!H FLOUR ARLING"fON, VA ZZ?OL PH (7O:i) 841-0626 FAX (7OJ) 243-287�3 Attachment number 1 \nPage 8� 197 seats (218 needed for majority). This final tally would reflect a small net gain for House Democrats, who were able to defeat 12 GOP House members including 10 members of the Tea Party-backed House GOP freshman class of 2010. Republicans nearly matched this total, picking up nine seats previously held by Democrats, defeating incumbents in Kentucky, New York, North Carolina and Pennsylvania. The House GOP was also able to gain open seats in Arkansas, California, Indiana, North Carolina, and Oklahoma, which had been held by Democrats who either retired or ran for another office. It appears likely that the two parties' margins in the new House will closely resemble the current tally. In Florida, the most-watched House race was between Tea Party-backed conservative Representative Allen West (R) and Democrat Patrick Murphy in the 18th Congressional District. Murphy defeated Representative West by 2,456 votes; however, due to the slight margin of victory, Representative West has called for a recount. In Florida's 25th , Congressional District, Republican Representative David Rivera lost his re-election bid to Democratic challenger Joe Garcia. Representatives West and Rivera were both elected as part of the 2010 Republican takeover in the House and voted out after serving orily a single term. If Representative West does not prevail in the recount, the new Florida Congressional Delegation members are as follows: Ted Yoho (R-3rd); Ron Desantis (R-6�'); Alan Grayson (D-9�); Trey Radel (R-19�); Patrick Murphy (D-18'�); and Lois Frankel (D-22nd�. Florida Congressional Delegation,113t'' Congress District 1: Jeff Miller (R) District 15: Dennis Ross (R) District 2: Steve Southerland (R) District 16: Vern Buchanan (R) District 3: Ted Yoho (R)* District 17: Tom Rooney (R) District 4: Ander Crenshaw (R) District 18: TBD District 5: Corrine Brown (D) District 19: Trey Radel (R)* District 6: Ron Desantis (R)* District 20: Alcee Hastings (D) District 7: John Mica (R) District 21: Ted Deutch (D) District 8: Bill Posey (R) District 22: Lois Frankel (D)* District 9: Alan Grayson (D)* District 23: Debbie Wasserman Shultz (D) District 10: Daniel Webster (R) District 24: Frederica Wilson (D) District 11: Richard Nugent (R) District 25: Mario Diaz-Balart (R) District 12: Gus Bilirakis (R) District 26: Joe Garcia (D) District 13: Bill Young (R) District 27: Ileana Ros-Lehtinen (R) District 14: Kathy Castor (D) *Newly Elected Member page2 of5 Item # 24 Attachment number 1 \nPage 8 Notably, the Patient Protection and Affordable Care Act (PPACA), signed into law by President Obama on March 23, 2010, was on the ballot statewide in Florida as Amendment No. 1. Amendment No. 1 would have constitutionally mandated an exemption for the state of Florida for any further implementation of the PPACA. The amendment failed to secure the 60 percent required for passage, with 51.47 percent of voters rejecting the amendment and 48.53 percent voting for its approval. We remain prepared to assist as a resource regarding federal healthcare reform requirements. U.S. SENA� While Senate Republicans won the Nebraska Senate seat vacated by retiring IIemocratic Senator Ben Nelson, the Democrats were able to pick up seats in Massachusetts and Indiana to maintain their current total of 53 seats. Re-elected Independent Senator Bernie Sanders of Vermont will continue to caucus with the Democrats, and newly- elected Independent Senator Angus King from Maine is also anticipated to caucus with Senate Democrats, increasing the parfy's total in the 113th Congress to 55 seats, with Republicans holding 45. In Florida, Senator Bill Nelson (D) won re-election, defeating Republican Representative Connie Mack despite early GOP hopes that Senator Nelson was vulnerable. Senator Nelson won the race by a vote of 4,429,505 (55 percent) to 3,403,697 (42 percent). POST-ELECTION CONGRESSIONAL FORECAST With the end of the 2012 campaign season, many in Washington are bracing for what could be several weeks of gridlock as Congress works to prevent the impending fiscal cliff: forced budget cuts and expiring Bush tax cuts. Congress is expected to return for a lame duck session on November 13, 2012 wit11 congressional leaders anticipating a December 21, 2012 adjournment. The new 113th Congress is expected to be sworn in the first week of January witll the President's second inauguration scheduled for January 21, 2012. Washington insiders have cautioned against expectations of major policy and/or funding changes during the upcoming lame duck session. However, some congressional leaders, including House Speaker John Boehner, have called for bipartisan agreement to avoid the fiscal cliff, even if by simply reaching a short-term agreement to prevent the pending cuts. During a press conference held yesterday, the Speaker acknowledged that the country's fiscal problems would not all be solved overnight, or perhaps even during the lame duck session. He did, however, note that Congress could agree in the coming weeks on a bipartisan "down payment on - and a page3 of5 Item # 24 Attachment number 1 \nPage 8: catalyst for - major solutions, enacted in 2013 that beg�n to solve the problem." It rema'v.1s to be seen whether either chamber will be willing to agree to a final compromise deal before adjourning in December. While both parties appear poised to move forward during the lame duck in finding a solution that could pass both the House and Senate, this issue will likely continue to be a major point of debate during the 113� Congress. In addition to the ongoing debate over avoiding the fiscal cliff through potential tax reforms and prevention of the sequester's automatic budget reductions, the 113�" Congress will also be faced with several important policy and funding issues that will require its attention. ➢ Transportation Given the short (two-year) authorization period for the recently enacted Moving Ahead for Progress in the 21St Century (MAP-21, H.R. 4348), the 113� Congress will likely begin work on a new transportation reauthorization bill as early as next year. Both Senate Committee on Environment and Public Works Chairwoman Boxer (D- CA) and Ranking Member Inhofe (R-OK) have acknowledged a need to move forward on a new bill well in advance of the current bill's expiration. Perhaps the most contentious issue that will need to be addressed during the debate over the next bill will be the issue of financing. MAP-21 keeps most current Highway Trust Fund (HTF) taxes, including the 18.4 cents-per-gallon levy on gasoline and the 24.4 cents-per-gallon surcharge on diesel purchases, in place through fiscal year 2016, two years beyond the bill's policy authorizations. However, with HTF revenue insufficient to meet current spending levels, the bill fills the gap with more than $20 . billion in transfers from the general fund, offset by a financing package that includes , pension changes. That will provide some time for the next Congress to consider ' whether to increase specific gas taxes, implement a tax based on vehicle miles I, traveled (VMT), or fundamentally overhaul the highway funding system. � ➢ Taxation Top tax-writers in both parties and chambers cruised to reelection on Tuesday, putting them in position to be key players in a Congress where tax reform could prove a central issue. These victories come just days before Congress will reconvene to try to address the "fiscal cliff" set to hit in January, which includes the expiration of all Bush-era tax rates. Officials on both sides of the aisle have also started looking toward 2013 as a year to totally revamp the tax code, perhaps as part of a broader package to rein in deficits. page 4 of 5 Item # 24 Attachment number 1 \nPage 8 ➢ Immigration Both parties are likely to scrutinize exit poll data to determine the impact of the Hispanic vote before making any major policy announcements. It has been reported that more than 12 million Latinos voted with over 70 percent voting to re-elect President Obama. These numbers reflect a 26 percent increase in Latino voter turnout compared to the 2008 election, a staggering number that has both parties coming to grips with an issue so critical to this population. Whether that leads to viable comprehensive immigration legislation remains to be seen. ➢ Clim.ate Change In light of New York City Mayor Michael Bloomberg's endorsement of President Obama based on climate change issues and the country still recovering fronl the effects of Superstorm Sandy, the links between climate change and extreme weather are back on the political radar screen in Washington. The Democrats' retention of the Senate likely means that �he Obama Administration's greenhouse gas regulations will not get stymied. However, the future of climate policy remains highly uncertain. An expansive global warming bill remains dead on Capitol Hill, and Obama's second-term administrative agenda has not yet been fully developed. We will continue to keep you apprised of legislative issues potentially impacting local governments during the lame duck session. If we may answer any questions or provide additional information, please do not hesitate to contact us. page 5 of 5 Item # 24 Attachment number 1 \nPage 8� ALCALDE & FAY GRANT ALERT FOR LOCAL GOVERNMENTS � r�. . ;,,�� F ' t",� 1 i ' � _ � t .�: � .��,, � :' �.. y � :� New in this issue: De�arlment of Agriculture ➢ National Institute of Food and Agriculture Community Food Projects Competitive Grant Program De�artment of Commerce ➢ National Oceanic and Atmospheric Administration: FY 2013 Coastal Resilience Networks Ins i e of 1G useum an �i rarv ervices ➢ Museums for America �� ➢ National Leadership Grants for Museums DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Community Food Projects Competitive Grant Program The Community Food Projects Competitive Grant Program provides funding to assist communities to: (1) Meet the food needs of low-income individuals; (2) Increase the self-reliance of communities in providing for the food needs of the communities; (3) Promote comprehensive responses to local food, farm, and nutrition issues; and (4) Meet specific state, local or neighborhood food and agricultural needs including needs relating to Infrastructure improvement and development, planning for long-term solutions; or the creation of innovative marketing activities that mutually benefit agricultural producers and low-income consumers. Eligible Applicants Nonprofit entities who meet certain requirements are eligible to receive funding under this program. Funding Approximately $5 million is expected to be available for multiple awards. Application Deadline November 28, 2012 Application information can be found here. Item # 24 Attachment number 1 \nPage 8 ➢ Community Anchors: Projects should address common community challenges and demonstrate how your museum improves the c�uality of life and enriches community members' knowledge and understanding of critical local and global issues, provides forums for community dialogue, and/or connects individuals to resources in the broader community service infrastructure through its programs and services. Projects may include capacity-building activities that position your museum to be more effective in fulfilling its role as a community anchor institution. ➢ Collections Stewardship: Projects should support the care and management of collections to expand and sustain access for current and future generations. Eligible Applicants State and local governments or private not-for-profit organizations; eligible museums include aquariums, arboretums and botanical gardens, art museums, youth museums, general museums, historic houses and sites, history museums, nature centers, natural history and anthropology museums, planetariums, science and technology centers, specialized museums, and zoological parks. Funding Approximately 185 grants ranging from $5,000 to $150,000 will be awarded. Applicants must provide funds from non-federal sources in an amount that is equal to or greater than the amount of the grant Applieation Deadline January 15, 2013 Application information can be found here. Program information ean be found here. For further information, please contact Helen Wechsler, Supervisory Grants Management Specialist, by telephone at (202) 653-4779 or via email, hwechsler@imis.gov. National Leadership Grants for Museums National Leadership Grants (NLG) for Museums support projects that address current and future needs of the museum field and that have the potential to advance practice in the profession so that museums can improve services for the American public. Successful proposals will generate results such as models, new tools, research findings, services, practices, and/or alliances that can be widely used, adapted, scaled, or replicated to extend and leverage the benefits of federal investment. For applications to stand out, proposals should have broad impacts and include innovation and collaboration. While partners are not required in all NLG projects, partnerships can help demonstrate a broad need, field-wide buy-in and input, access to appropriate expertise, and shazing of resources. Grants are awarded in the following categories: ➢ Learning Experiences: Projects should deliver audience-focused programs and services for lifelong learning in formal or informal settings. ➢ Community Anehors: Projects should address common community challenges and demonstrate how your museum improves the quality of life and enriches community members' knowledge and understanding of critical local and global issues, provides forums for community dialogue, and/or connects individuals to resources in the broader community service infrastructure through its programs and services. Projects may include capacity-building activities that position your museum to be more effective in fulfilling its role as a community anchor institution. ➢ Collections Stewardship: Projects should support the care and management of collections to expand and sustain access for current and future generations. Item # 24 Attachment number 1 \nPage 8� Planning and Local Technical Assistance Programs Under the Planning and Local Technical Assistance programs grants, the Economic Development Administration (EDA) assists recipients in creating regional economic development plans designed to stimulate and guide the economic development efforts of a community or region. As part of this program, EDA supports Partnership Planning investments to facilitate the development, implementation, revision, or replacement of Comprehensive Economic Development Strategies (CEDS), which azticulate and prioritize the strategic economic goals of recipients' respective regions. Eligible Applicants States, cities, or other political subdivisions of a state, including a special purpose unit of a state or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; district organizations; institutions of higher education or a consortium of institutions of higher education; or public or private non-profit organizations or associations acting in cooperation with officials of a political subdivision of a state. Funding EDA is allocating $29 million for the Planning program in FY 2012. Annual grant amounts per recipient for EDA's Partnership Planning, Short-Term, and State Planning programs are typically between $60,000 and $70,000. Application Deadline Applications are accepted on a continuing basis and processed as received. Application information can be found here. Program Information For further information, please contact the appropriate regional office or Economic Development Representative listed in the announcement. EDA's website at www.eda.gov contains additional information on EDA and its programs. Cornmunity-based Marine Debris Removal Projects awarded through this grant competition have strong on-the-ground habitat restoration components involving the removal of marine debris, including derelict fishing gear. Projects also provide social benefits for people and their communities, and create long-term ecological habitat improvements for National Oceanic and Atmospheric Administration (NOAA) tnzst resources. Through this solicitation NOAA identifies marine debris removal projects, strengthens the development and implementation of habitat restoration through community-based marine debris removal, and fosters awareness of the effects of marine debris to further the conservation of living marine resource habitats, as well as contribute to the understanding of debris types and impacts. Eligible Applicants State and local governments whose projects have the potential to benefit NOAA trust resources; institutions of higher education; and non-profit and for-profit organizations. Funding Approximately $2 million is available for grants ranging from $15,000 to $150,000. Application Deadline November 1, 2012 Application information can be found here. Item # 24 Attachment number 1 \nPage 8 of terrorism. Approximately $490 million will be allocated by risk threat to 31 high-threat, high- density urban areas (See guidance for list of UASI recipients). ➢ Overation Stonegarden (OPSG) - $46.6 million OPSG funds are intended to enhance cooperation and coordination among local, tribal, territorial, state, and federal law enforcement agencies in a joint mission to secure the United States' borders along routes of ingress from international borders to include travel corridors in States bordering Mexico and Canada, as well as states and territories with international water borders. Approximately $46 million will be awarded on a competitive basis based on risk analysis and the anticipated feasibility and effectiveness of proposed investments by the applicants. Application Deadline Application deadlines vary by program. Contact your respective State Administering Agency (SAA) for specific program and eligibility requirements. Application and program information can be found here. For further information, contact your respective SAA. Contact information can be found here. FY 2012 FEMA Hazard Mitigation Assistance Program T-h�FEM�I�azarc�Mit'rgatiom�ssfstance-fI�IVfAj-P�eg�a�-p�o-�ic�es fede�al-fux�c�ing��de�fo�r—sep�r-a#e opportunities (Repetitive Flood Claims; Severe Repetitive Loss; Flood Mitigation Assistance; and Pre- Disaster Mitigation) each with the goal of reducing the risk to individuals and property from natural hazards while simultaneously reducing reliance on Federal disaster funds. Final funding levels for each of FEMA's HMA grant programs has yet to be determined. Likewise, each program is authorized by separate legislative action, and as such, each program differs slightly in scope and intent. Please note, the Hazard Mitigation Assistance Unified Guidance dated June 1, 2010 applies to the FY2012 HMA application cycle. For HMGP this Guidance applies to disasters declared on or after june 1, 2010. ➢ Flood Mitigation Assistance Grant Program The Flood Mitigation Assistance Program (FMA) provides funding to assist states and communities in implementing measures that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other structures insured under the National Flood Insurance Program. Additional information on the FMA program can be found here. ➢ Repetitive Flood Claims Grant Program The goal of the Repetitive Flood Claims (RFC) program is to reduce flood damages to individual �ro�erties for which one or more claim payments for losses have been made under flood insurance coverage and that will result in the greatest savings to the National Flood Insurance Fund (NFIF) in the shortest period of time. Additional information on the RFC program can be found here. ➢ Severe Repetitive Loss Grant Program The goal of the SRL program is to reduce flood damages to residential �ro�erties that have experienced severe repetitive losses under flood insurance coverage and that will result in the greatest savings to the NFIF in the shortest period of time. Additional information on the SRL program can be found here. ➢ Pre-Disaster Mitigation Grant Program The PDM program provides funding to assist state and local communities to implement a sustained pre-disaster natural hazard mitigation program to reduce overall risk to the population and structures from future hazard events, while also reducing reliance on Federal funding from future disasters. Additional information on the PDM program can be found here. �terp # 24 Attachment number 1 \nPage 8 For further program information, contact Mary Striegel by telephone at (318) 356-7444 or via email, mary striegel@n�s.gov. ENVIRONMENTAL PROTECTION AGENCY (EPA) Brownfields Area-wide Planning Grant The Environmental Protection Agency (EPA) has announced the availability of grant funds for projects to facilitate community involvement and conduct research, training and technical assistance necessary to develop area-wide plans and implementation strategies to facilitate brownfields assessment, cleanup, and subsequent reuse. Brownfields area-wide planning grant funding must be directed to specific areas affected by a single large or multiple brownfield sites, such as a neighborhood, downtown district, city block or local commercial corridor. T'he grant funding will result in an area-wide plan, including implementation strategies, for the brownfields-affected area. The brownfields area-wide plan will inform the assessment, cleanup and reuse of brownfields properties and promote area-wide revitalization. Eligible Applicants General purpose unit of local government; land clearance authority or other quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government; regional council or group of general purpose units of local government; government entity created by state legislature; redevelopment agency that is chartered or otherwise sanctioned by a state; a state that is serving in a fiscal and administrative capacity on behalf of a local community, where the local community leads the BF AWP process, and; nonprofit organizations, including institutions of higher education. Funding Approximately $4 million is available and the maximum award per proposal is $200,000. Application Deadline November 30, 2012 Application and program information can be found here. For further program information, contact Megan Quinn by telephone at (202) 564-5373, or via email, Ouinn.Megan@e�a.gov. FY13 Guidelines for Brownfields Assessment Grants Assessment grants provide funding for developing inventories of brownfields, prioritizing sites, conducting community involvement activities, and conducting site assessments and cleanup planning related to brownfield sites. Assessment grant funds may not be used to conduct cleanups. Assessment grants for individual applicants can be either community-wide or site-specific. Eligible Applicants General purpose unit of local government; state; land clearance authority or other quasi-governmental entity that operates under the supervision and control of, or as an agent of, a general purpose unit of local government; government entity created by state legislature; regional councils, and; redevelopment agencies that are chartered or otherwise sanctioned by a state.. Funding Approximately $34 million is available for 133 assessment grants under this funding opportunity. Application Deadline November 19, 2012 Item # 24 Attachment number 1 \nPage 8 NATIONAL ENDOWMENT FOR THE ARTS Our Town The National Endowment for the Arts is providing grants for creative placemaking projects that are strengthened through the arts. Projects may include planning (e.g., cultural district planning), design (e.g., design of parks, streetscapes) and arts engagement activities (e.g., fesiivals, public art). Eligible Applicants State, county, city, township, and special district governments; independent school districts; public and state controlled institutions of higher education; nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education; and private institutions of higher education. All applications must have partnerships that involve two primary partners: a nonprofit organization and a local governmental entity. One of the two primary partners must be a cultural (arts or design) organization. Funding Requested grant amounts must be at one of the following levels: $25,000; $50,000; $75,000; $100,000; $150,000; or $200,000. The NEA will award very few grants at the $200,000 level; these will be only for pro�ects o s�ficant scale an imd pact. AZ grants require a non e era� o at east 1 to 1. atc ing funds that are proposed but not yet committed at the time of the application deadline may be included. Application Deadline January 14, 2013 Application and program information can be found here. For further information, please cantact the NEA by telephone at (202) 682-5400 or via email, ot@arts.gov. Art Works The National Endowment for the Arts (NEA) will make awards to support research on how "art works." Consistent with its strategic plan, the NEA distinguishes between research projects seeking to define value for the U.S. arts sector, and those seeking to demonstrate the arts' impact on American life. "Value"- oriented research will measure or otherwise clarify one or more components of how Americans participate in the arts. Such research also may probe the underlying conditions and vehicles for arts participation; for instance, it can examine how key inputs such as training, education, and infrastructure, directly affect arts creation, arts audiences, or other aspects of arts engagement. Eligible Applicants State, county, city, township, and special district governments; independent school districts; public and State controlled institutions of higher education; nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education; and private institutions of higher education. Funding Each award will range between $10,000 to $30,000. Application Deadline November 6, 2012 Application and program information can be found here. For further information, please contact the NEA staff via email, nearesearchgrants@arts.gov. Item # 24 Attachment number 1 \nPage 9� ➢ Implementation of new digital modes of scholarly communication that facilitate peer review, collaboration, or the dissemination of humanities scholarship for various audiences. Eligible Applicants State, county, city, township, and special district governments; public and state controlled institutions of higher education; nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education; nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education; and private institutions of higher education. Funding Up to $325,000 is available for each grant award. For context, in its first competition the NEH received 63 applications and made seven grant awards under this program. Application Deadline January 23, 2013 Application and program information can be found here. For further information, please contact the NEH Office of Digital Humanities via email at odh@neh.gov. Applicants wishing to speak to a staff inember by telephone should provide in an email message a telephone number and a preferred time to call. Sustaining Cultural Heritage Collections T'he Sustaining Cultural Heritage Collections (SCHC) helps cultural institutions meet the complex challenge of preserving large and diverse holdings of humanities materials for future generations by supporting preventive conservation measures that mitigate deterioration and prolong the useful life of collections. Libraries, archives, museums, and historical organizations across the country are responsible for collections of books and manuscripts, photographs, sound recordings and moving images, archaeological and ethnographic artifacts, art, and historical objects that facilitate research, strengthen teaching, and provide opportunities for life-long learning in the humanities. To preserve and ensure continued access to such collections, institutions must implement preventive conservation measures, which encompass managing relative humidity, temperature, light, and pollutants in collection spaces; providing protective storage enclosures and systems for collections; and safeguarding collections from theft and from natural and man-made disasters. Projects should be designed to be as cost effective, energy efficient, and environmentally sensitive as possible, and they should aim to mitigate the greatest risks to collections rather than to meet prescriptive targets. Eligible Applicants State, county, city, township, or special district governments; public and state controlled institutions of higher education; Native American tribal governments (Federally recognized); nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education; nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education; and private institutions of higher education. Funding Each grant award will not exceed $350,000. Application Deadline December 4, 2012 Application and Program information can be found here. For further program information, contact the staff of NEH's Division of Preservation and Access by telephone at (202) 606-8570 or via email, preservation@neh.gov. Item # 24 Attachment number 2 \nPage 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CLEARWATER, FLORIDA AND ALCALDE & FAY, LTD. The fo]bw �g is ��n �t ("A g�an ��' ) betrN � the C�.y of C�xw at�s, Fbri�a, heYe�aft�s Yef��1 tr� as "C ITY "�d tize f�n of A�al�e & Fay, Lt�1., a V�a coYporati�n,heze�aft�srefe�l tr� as "A& F" m acle t3zis151 dayofJanuary, 2013 . ' ' ' . • � • w • • ��.ti-�• - �w i � - ■- • • • • - � - .i • • • . �r. i� i • i • _� . . w� - • • �n� - .i • n� : �� • • �wtiw • • . • • �n� - r. .i� • • � r. �• .i • • r.i • • � r. ..�i i . �- n� • � - n� - r. • - � - .i • W H E R E A S, the C IT Y dean s�� the� best �t�rest to en pby A& F tr� provi3e C II'Y w�h �r�s � the f�1 o f govemm a�tand publ� affa�s �citd�g �t�re pmc�lure and �guht�zy pYO�, publ� po]iy, f�leralappYOpr�ti�ns, and gr�ntpYOgr�an s�n �ist��l by the F�leralG ovemm a�t • ' • ' �� -�� - r. �• • � - � . �� - .i r� �� r. i n� - - i � - ��. ■- - -�� ..� _ �� 1• PART I - SPECIFIC PROVISIONS A. PROFESSIDNALSERVI�ESTO BE PROVIDED:A&Fw�a�nsa]t�d�ri�, as �u�, on gove�m �t and publ� affa�s �clad�g �t�re pzoc�lure �d �guhtozy proc�s, public po]iy, f�ler�l appYOp�ti�ns, �d gra«t pYOgr�n s �n �� by t3ze F�leralG oven�n �t, �cltd�g butnotl� �d tr� : 1. C oo�a�g C�C'Y 's f�leral�t3zobzati�ns, appzopri�ti�ns, gr�ztpzopo�, h��t�n and po]icy �t�d ac�r�s w�h the U n�l Stat�s C ongYe� and F�leral�azc�s; 2. D�rebp�g s�at��s tr� obta� �d m�in �e f�leral �uzc�s for C II'Y 's i�zo�x,'ts�cll�rog�n s% 3. M a�ta��g cz�n� w�h key U n�l Siat�s S�atr�YS �d R��itat�res; and 4. A dvocat�g C SI'Y �� tr� t3ze f�cle�l depa�n �ts �d ��c�s as n�zy. B. PA Y M E N T: T he paYt�s have det�nn ��1 the m ost efC'��t �d e�nom �calm ethod tr� cbm paz�te f�r A& F's � tr� be pzovxla� is by a m onthl�r zeta�er. T he m ontiz�y reta�er �a71 be d�n e� a�med by A& F upon C]TY be�g �voi�d by A&F. (i,l M 0 N T H LY R E TA 1N E R: A& F S cbm p�sati�n for the � pYOV�led heraander �aI1 be $4,000 IJ0 per m onth. A& F�aI1 s.al�n � the m onthl�r $4,000 DO f�e �voi� at t3ze f� of a�h m ontiz, bs��n�g on �uazy 1, 2013. (ii� OUT-0E-�OCKET EXPENSES: The C�I'Y �aI1 �bur� A&F f�r �.�nab� out-of�ocket expaz�s �cun�1 � cz�nn�ti�n w�h the A& F S w o� at �aal a�:�. E xp��s t3zat aze tr� be �ein bur�1 �clide, but aYe not Item # 24 Attachment number 2 \nPage 2 7in �1 tr� photoc�py�g, po�e, te.�phone, del�rery, �d te�ropy charges. E xp��s w i� be rein bu� to A& F on a m onth�y bas's, not to exa�d $100 DO . A ll�ivel�i�.s w�be �cu�l on�r f�lbw �g appzovalby the C TI'Y , �d w �not�c� $2 ,000 DO �nua�y. PART II - GENERAL PROVISIONS A. C 0 0 PE RA T ID N: C II'Y w i� a�opesat�, part��ate � m�t¢�.gs, �d provs�e �y �.zfonn ati�n �d doc�.un aztai�n as m ay be �nab3�r �ue� by A& F tr� �ab� A& F to provzlepYO�nal�rx�. B. SPA TU S 0 F A& F: The pazt�s ��nd thatA & F,� pe�nn s�g �s �, �ia]lact as an�depa�dazt contr�c.�r �d �a�have contio l o f tize w o� �d t3ze m�ner � wh�h � is per�mn �1. A& F is not tr� be cons�lered an�it or sn pb� of C ITY and is not �t��d tr� partic�pate ��y pa��n p�, ��c�, bonus or �in il�r bazef�s C�PY pYOViles �s an pby�. C. METHOD AND PLACE OF GNING NOTI�E,SUBMITTING BILLSAND M A K IN G PA Y M E N T S: A Il not�c,es, b�77, �.d paYm �i� �a� be m�e � w�g and m ay be g�raz by e.�.�tron� m a�, U S. m a�orpe�naldel�rery. N ot�.�s, biIls and paym �ts �tbym ail�ourl be addre� as f�Ibw s: CITY: WILLIAM B.HORNE,II,CITYMANAGER CITY O F CLEARW ATER,FLO RIDA 112 S.O SCEO LA AVENUE CLEARW ATER,FL 33756 A&F: ALCALDE & FAY,LTD . 2111 W ILSO N BO ULEVARD , 8TH FLO O R ARLIN G TO N,VA 22201 (703 ) 841-0626 D. N O N-D ZSC R IM IN A T ID N: A& F�aI1 com pl�r w�h aI1 app]icab� f�dera7, sk�te and bcal � s, �u�.s and �gu�Zti�ns �� to nondi��n �ati�n � an pbym �t b�� of r�, cobr, �c�s�y, nati�nal ori�i, r�l �mn, �xx, a�e, m a�tal statias, m �alcbnd�n, orphy�icalorm aztaldisab�r. E. C 0 M PLIAN C E: A& F�d C�I'Y �aI1 com pl�r w�h the Lobby�g D i�b�e A ct and aILan �c�n �ts �d the H onestLa�cle��p and O p� G ovemm �tA ctof 2007 . F. TERM 0 F AG REEM EN T:ThisAg�n �t�ia7lbecnm e efC c.�t�reJanuary 1, 2013 �d �aI1 �d on December 31, 2018 . E�her part�r m ay �n �at� t3zis Ag�an �.t pri�r tr� tize Pxp��n upon 3 0 day's w� noti� by e�her part�r w�h or w�hout c��. The m onthi�r f� ��alLbe pYOrat�l tr� t3ze dat� of �nn �ate�n . G. � T R ZSD IC T ID N: T his A g�n �t �d pe�nn � ce heraander �d all �� d ��i�lpzo��gs he�nder �allbe a�nslzue� ��cozd�ce w�h t3ze 1=� s of the State ofFbri�a. In acld.�n, ��i�lpzo��gs orot3zerpzo��gs tizatm aybe bzought a�g out o f, � conn�.�n w�h, or by �n o f t3zis A g�n �t, tize �v s pa�e2 of3 Item # 24 Attachment number 2 \nPage 3 of the State of Fbri�a �allbe applrab� �d �aIlgovern t� the �clzs-'r�n of t3ze l�v of�yot3zerfonun . H. ATTO RNEY 5 FEES; CO STS; VENUE : In t3ze �raztthatanypaYtyheretr� �zaIL b�g ��n or pYO��g f�r � al�ed b�ch of �.y pYO�rimn of t3zis A gs�an azt, ti�e 1��.g parl�r �allbe azt��d tr� �ver, as pazt o f�ch a�n or pzo�l�g, ��nab� attom�ys f�s,l�ar��a1 f�s, �d a�urt a�s�s at both t�l �d appell�t� L�re1s. For t3ze puYpo� of any sa�, ac�n orproc��g ari�g outof or �t�g to this A g�n �t, the part�s heceby con�t and �r� to the �t�n and v�ue of P�ells C ounbl, Fb�1a. I. ENTIRE AGREEMENT:ThisAgYeenaztcon�te.sthe�t�eag�enaztbe�� the pa� �d �pe�es aI1 pr�r oral or w��n �ts. N o w a�rer, m od_ificati�ns, acld�ns or acld�dLUn t� this A c��n �t �all be vali� un� � w�g�d��lbyboththeA&F�dCII'Y. ThisAg�n�tmaybe�d�l bym utiaal�n �t IN W II'N E SS W H E R E 0 F, the pazt�s hereto have ca�.z�1 this A g�n �t to be ��c,ut� tizis151 dayofJanuary, 2013 . ATTEST : W ITNESSES: CII'Y O F CLEARW ATER,FLO RIDA � ALCALD E & FAY ,LTD . � pa�e 3 of 3 Item # 24 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 25 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Landscaping on Island Way medians SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 26 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Courtney Campbell Causeway Trail Project Update - Councilmember Jonson SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 27 �� , �� M � �-' � �'�% ��`�-�� V��, �;,�� (.� \;'��'�� '�� '�-�,�� _ � _ _ _ �- . I� � � � �� r=r � � � N � Presentation to Clearwater City Council by the Courtney Campbell Causeway Scenic Highway Advisory Committee January 2013 D � 3 � (D 7 � c 3 a m 5 � m � m 7 oa s ae a us e or . . am � n eso u �on n ex e s � m � N � — ; Q��QA SCF` itc" 2�c� � HIGHWAY n 5 � m � m N � � � N � Cou rtne Cam bel I Scen ic H i hwa Y p g Y �'an�rrir��r �r��r��-`� Committee Chair: Bill Jonson, City of Clearwater Formed in 2000. Performs the day-to-day monitoring, community outreach and advocacy functions under the direction of The Tampa Bay Regional Planning Council Cities of Clearwater and Tampa Counties of Hillsborough and Pinellas Clearwater Chamber • FDOT • Hillsborough and Pinellas MPOs • Private Citizens • TBRPC • University of South Florida URS Corporation • Westshore Alliance _ ; O��QA SCF` /%t.v 2�c� � � HIGHWAY n � � � � c � � � 5 � m � m w ■ ■ ■ o r� a ce n � c � wa s — Developed to preserve, maintain, protect and enhance Florida's outstanding cultural, historical, archeological, recreational, natural and scenic resources. ��,�_ � �� - �� ,-� �� ,�� ; �:- .� _ r=r � � � N � D N 3 � (D 7 � c 3 a m 5 � m � m A — ■ ■ ■ o r� a ce n � c � wa s Courtney Campbell is one of 24 Florida Scen ic H ig hways 2005 2009 Designation approved 75th An n ive rsa ry Rededication 2013 Dedication of new multi- use trail r=r � � � N � D N 3 � (D 7 � c 3 a m 5 � m � m � — r=r � � � N � � � � ' ' ou r ne am e ra� � _ . � _:�_ � __ =: � :. a _ _ . ��. � _ � 9ayshaie L�nea� w�.s� CsreenwaY M1 oai[. , s a tA � � -. r_..... I Ream Wlso� � Clearxater Yrail � _. ._ _ _� v��e��s ��a,�—� � ? � � �3 � � � ��.-....__..s,_.._�__....__�____ ; ------ — --__..�.t � ,� � i �e.�n i �� '� ��,w� i -i �� [ui�e � - �d r�rLL3i _ i . Tampa Bay Trail � uw�er � �'$�� i na��„ ,a a�o.., � Avital link to our regional a n d statewi d e n etwo rk of trails and greenways , n i ,nti�l i<,�r Fl � 3 R e � _ - .. �,� � �' _ , ��+- �� ."��. �E+*,�+k � , �� D N 3 � � c 3 a m 5 � m � m rn � � N � � I _ � �� W�� .��W � �� .� � _��ember 2012 � ... ;;ry T +' � I � �y F. , p /f' � . ,,y � � _ , '�i ��T� 4� � _ f " "� �... � �. � _�� j . ,- ''� ; , 2 i +Lf L �i� e �� . L � � � _ _ � - , _� � _. e , � _ a. � �� — �i ;•� , � _ _ i� � � � 1 S.sis #� a�• . ',� e � � F 4 � �'� i F �� a� S�• �� „ v .. � � �h e � y�, I •�� II �d a � � �. "eF; "�t�s . _� � N9 . ! ' -I � ' ,ri � p! � _ � !� _� 1i . � � . ..�. _ � �i ��I �I� "J•. I"P�,�I .: r— �:. •^��a , ��atei�'+tst € � ::''.� T� } � � � ��''� ' n �3 � . f� _` ' _:''i � °� � � 1 ��` - . � r =-: —L� s;, i R -�---- -=:;:� �-�_ _ _ ,� .,� �--� �� v � 3 � cD 7 c 3 a m 5 � m � m � r=r � � N � ■ ■ ■ u �- se ra� verv�ew � � — Location: South side of SR60 12' wide X 45' hi h at hi h point/brid es g g g Improvements to service road on north side � �.� '/� � = I v'�'�i t- �� ::� �"`' _ f l�� '�y .. �� , � �� .'.Z � � � { , �� .�,. �� ,, . � A�� ' � _ > �� .:_ .�- - � _ . _ - : .�� - ., � .� � - . �ti'� � - . r ' _ -- . � �,.� ��. �- �- =�';r ... . . �`� �- - � �,� _ _ _ J . - ' � 7 . � �• �'----�_---�- - � � �_ � -� � � '-� �� P,�ss 12' 12' 1�' 12' 12' "x2 M�Iti- Road Varies iyp. Trauel Travel �led=a Travel Tra�el 18' Typ. �ioad seTtail �r ^� 1~`� 8' 4 7 2' � �'" F. ' ; 2' Min. 2 Min. � � � 1320' RfW � � � � �'j ' :: � _ �`' � �'�: �. �� o�,QA S�F /�t." � �`c� � =°H� AY n D � � � � � � � _ � � � 5 � m � m � � � � N � un �n S�a,_ � _ rn -a � ��F �T a�' T F �—. �SQv a� Roadway enhancements: bikeways, sidewalks and landscaping Hillsborough: Start date: September 2012 Completion: Summer 2013 Pinellas: Start date: September 2013 Completion: Spring 2014 — � �x�,�, �l_ � � e � �_ . �T ,z r� *�.. �. �+ ',y�'6+ � 4s��m � ;�_ �� 4 � 52�3 �_ e � __ ��. ,� -°.'�� .� . � -u 6 �`� �"- � �e.k. � � � � �� - � �� _ _� �� _� F R -0,r�Y � - '.��r�=- _,_ �s;y..�� ,�. �� . . � - ��=� �. ��- � -� � �_� -�� c 3 a m 5 � m � m � ■ ■ am � n eso u �on � � — FDOT assigns the trail a number, and either the State Legislature or local jurisdictions name it. The Committee chose naming by resolution of the four jurisdictions: Cities of Clearwater and Tampa, Counties of Pinellas and Hillsborough. This resolution was adopted by Pinellas County Commission on 11 /20/2012, Clearwater City Council on 11 /15/2012, � Hillsborough Board of Commissioners 12/5/2012 D � Tam a Cit ouncil on 12 6 2012 -��'`�A scfi2-� � p y C / / ; �:.: . � � � � � _ HIGHWAY n s � 5 � m � m P�� 5� b rn �a �� N � �� = , � �r � - :� - - �ose � n a e �, , r, r-- - SIGN A: OPTION 2: NON-ILLUMINATED MONUMENT SIGN Scale: 112" =1' - 0" One (1) doubl�faced non-illuminated monument sign of aluminum cons4uction. All paint colors and finishes are to be determined. �Curved top element is constructed af galvanized steel. Finish to be determined. �Monument is constructed of aluminum, surfaced with stone veneer. Specific stone veneer type and color are to be determined. �l�Sign faces are cast aluminum architeciural piaques with textured background �and °clearanadized surface. Cal�rs io be det�rmined. Letters, loga, and decorative elements will be raised. Mount plaquas fiush to front and baek of sign. Artwark suitable far production must be supplied by customer. Bexe is raised ooncr�te pad wilh 3l4" chamfer edge. Harclware and installation as necessary: Wi I I read Campbell "Courtney Tra i I" ; Q��QA SCF` � i�c." 2�c� � HIGHWAY n � � � � c � � � 5 � m � m ■ �� ex e s - ra� `� � . T � t � , - �„ � � ,,n� ■n� � � � � �+ � RECREATIOAL � C a e � Concept plan developed b URS CORP (probono) y r=r m � � N � • Aids development of cost estimates for funding • Guides development of a uniform appearance • Will hold workshops to receive public input • Trail will be tied into 911 emergency system • Amenities can be installed in phases ; Q�'�QA S�,F` iii" 2�c� � HIGHWAY n D v � � � c � � � 5 � m � m ex es-con. ➢ Engage people/organizations in new Public-Private Partnership Committee � � � � N � Develop amenities that support trail create economic opportunities . . Connect with tourism, hotels, restaurants, etc. Define potential new concessions, and equipment rental locations ■ Solicit private sector funding for rest areas �- +�� usage and � �--�:- �:� �:_ _.� �k: � ti ;�'�f. �C7'�.�! .,a,'�Y� � s.�� bf� ��I��i� �' "til��.ti yax ; �st^� �� . � ��<�,� � .,a�_ — � 3 � .�-. c 3 a m 5 � m � m ex e s - con . ➢ USF students and faculty to provide support for city staff as well as committee planning and communications projects ➢ Communications with residents and recreational community r=r m � N � 0 ?.� ti : �� ^p'� � -� ' r �' " � � � � — �.;e �� r- — O��QA SCF` '�t� �`c� � HIGHWAY n D N � � � � � c � � � 5 � m � m uest�ons (�D � � N � �_ — � r r� � � �� i ._G��Y�t�`i�.��+r#�"` ��, ��_� � � i - �. '��, � ��w � � � r �� a F - � °, � �"t'�'ti ;� �,+ ; Q��QA SCF` i�c." 2�c� � HIGHWAY n v � � � c � � � 5 � m � m Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 28 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Feeding America Tampa Bay - Thomas Mantz, CEO SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 29 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Human Trafficking Awareness Month Proclamation - Chief Holloway SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 30 Work Session Council Chambers — City Hall SUBJECT / RECOMMENDATION: Flag Dedication SUMMARY: Review Approval: Meeting Date:l/14/2013 Cover Memo Item # 31