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01/17/2013City Council Agenda Location: Council Chambers - City Hall Date: 1/17/2013- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards I� Attachments 4.2 Feeding America Tampa Bay - Thomas Mantz, CEO � Attachments 4.3 Human Trafficking Awareness Month Proclamation - Chief Holloway � Attachments 4.4 Flag Dedication � Attachments 5. Approval of Minutes 5.1 Approve the minutes of the December 20, 2012 City Council Meeting as submitted in written summation by the City Clerk. 6� Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM City Manager Reports 7. Consent Agenda 7.1 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 7.2 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 l, 2013 to January 31, 2014 and authorize the appropriate officials to execute same. (consent) � Attachments 7.3 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 7.4 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 7.5 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) 6�' Attachments 7.6 Award the following purchase orders 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 (CFI� 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) 6� Attachments 7.7 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 7.8 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 7.9 Approve a blanket purchase order to Mid-Pinellas Umpire 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 7.10 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 7.11 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 7.12 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 7.13 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 appropriate officials to execute same. (consent) �= Attachments 7.14 Approve the Pinellas County Combined Voluntary Cooperation Agreement and Operational Assistance Agreement for law enforcement services for the period February l, 2013 through January 31, 2017 and authorize the appropriate officials to execute same. (consent) � Attachments 7.15 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 Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) i� Attachments 7.16 Approve Amendment number 1 to the signal maintenance and reimbursement agreement between the City of Clearwater and the Florida Department of Transportation and authorize the appropriate officials to execute same. (consent) I�' Attachments 7.17 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 for completion of additional work, and authorize the appropriate officials to execute same. (consent) 6� Attachments 7.18 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) i� Attachments 7.19 Appoint Ric Ortega to the Parks and Recreation Board with term to expire January 31, 2017. L� Attachments 8. Other Items on City Manager Reports 8.1 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. 6�- Attachments Miscellaneous Reports and Items 9. Other Council Action 9.1 Island Estates Civic Association - Councilmember Gibson 6�= Attachments 10. Closing Comments by Mayor 11. Adjourn Prayer of Invocation — Clearwater City Council, January 17, 2013 Rev. Dr. John R. Thompson, Associate Pastor, Countryside Christian Center, Clearwater, Florida Our Heavenly Father, when we long for life without trials and work without difficulties, remind us that oaks grow strong in contrary winds and that diamonds are forged under pressure. With strong hearts, may we see in every crisis, an opportunity. May we not give way to a pessimism that sees opportunities only as crises. Knowing that You are still on the Throne of Heaven, let us get on with the tasks at hand, helping us to do the best we can, and leaving the rest to Your provision. Help us to show ourselves to be good workmen, who need not to be ashamed, as ones who search for Truth, and make every attempt, to rightly divide It. Direct our hearts to follow in the footsteps of the Your Son. Make strong our faith, so that God's will, though it may be hindered for a time and obstructed by human blindness, folly or greed, that it will come to a triumphant end. May all that we do, be in accordance with the righteousness prescribed by God. And lastly, graciously minister to your ordained servants, the Members of this body, according to their needs. Through Jesus Christ I pray. Amen. �� 4� ��.. ��, �/ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: Review Approval: Meeting Date:l/17/2013 Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Feeding America Tampa Bay - Thomas Mantz, CEO SUMMARY: Review Approval: Meeting Date:l/17/2013 Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Human Trafficking Awareness Month Proclamation - Chief Holloway SUMMARY: Review Approval: Meeting Date:l/17/2013 Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Flag Dedication SUMMARY: Review Approval: Meeting Date:l/17/2013 Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall Meeting Date:l/17/2013 SUBJECT / RECOMMENDATION: Approve the minutes of the December 20, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 5 Present Also Present CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER r � � Mayor George N. Cretekos, Vice Mayor Paul Gibson, Co Doreen Hock-DiPolito, Councilmember Bill Jonson,. and ( Jay E. Polglaze. William B. Horne II - City Manager, Jill S. Silverbcaard - A: Manager, Rod Irwin - Assistant City Manager; Pamela K. Attorney, Rosemarie Call - City Clerk, and Nicole Spragu Records and Legislative Services Coordinator. To provide continuity for research, items are agenda orde necessarily discussed in that order. Unapproved 1. Call to Order — Mavor Ge The meeting was called to order � ,.fii%�a 0 C�i i�. i i�i E c� 1�1 f,T i['' 1� IC�i1 / 1 • !"� . � I�'!;�� ! � ji�{j�ii'►'� i�� r�� ,',�ol�' ' , !'�� i+; �,i - - • � � - �r ;�. � � ;+� � * �'��!�� 'I��I��'1'�9�0�. � ;li�,�! � �� .�- '��- �.�-� ot Attachment number 1 \nPage 1 Imember icilmember Mr: Zinge provided Council wi#h a copy of the 2013 World Rescue Challenge (nfc�rmational Package for, the'event to be held in Clearwater. This will be the first time the eu�nt will be held in the United States. Local firefighters were encouraged to participate and res�d�nts to attend. Sponsors and team participants are needed. Mr. Zinge pr�;s�:nted the Mayor with a commemorative helmet from Royal Berkshire, 2012 Overall Ul/�rld "Charnpion. 5. Approval of Minutes Counci12012-12-20 1 Item # 5 Attachment number 1 \nPage 2 5.1 Approve the minutes of the December 6, 2012 Citv Council Meetinq as submitted in written summation bv the Citv Clerk. Councilmember Bill Jonson moved to approve the minutes of the December 6, 2012 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. � 7. Public Hearings - Not before 6:00 PM Administrative Public Hearings 7.1 Approve the r•7�� - . �['.F11��l:� -�'iK��1�'[�1'i►�iy(d�iyl Performance and Evaluation Report (CAPER). The Consolidated Annual Performance principal administrative report, docume. Community Development Block Grant' (HOME) programs to the U.S. Departm (HUD). For FY 2011-2012, the City's b� $500,323 in HOME Program funds for'i documenl :ial audits information ability to carry Qu�: compliance with a necessary for HUI opportunity to des neighborhoods an document. ant Co licable as the basis �ring for compliance I Year 2011-2012 Plan. The report prQ�r�de��HUD with necessary :o meet its requirement to assess each grantee's rnunity Planning and Development programs in al�:s and regulations. It also provides information nual Repc�rt to Congress and it provides grantees an o citizens th�;ir successes in revitalizing deteriorated eeting objectives stipulated in their Consolidated Planning �n addition to repQrking'on our activities with federal money, we also included a summary of a�tivifiies conducted with the Florida State Housing Initiatives Parfinership (�HIP) Program, Community Development Block Grant - Recovery PrQgram, Pinellas County Housing Trust Fund Program and Neighborhood Stabilization Program 3 in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, we expended a total of $2,482,656 in Fiscal Year 2011-2012, which included funding from the prior year Counci12012-12-20 2 Item # 5 Attachment number 1 \nPage 3 reprogrammed fund budget of $2,807,683. Those funds not expended from this year's budget will be reprogrammed in future budgets. The City of Clearwater's Fiscal Year 2011-2012 CAPER contains information on the City's assessment of the following activities: Assessment of Three to Five Year Goals and Objectives Affordable Housing Continuum of Care Leveraging Resources Affirmatively Furthering Fair Housing Citizens Comments Self-Evaluation Over 24,097 persons were assisted through Public Servi Housing Rehabilitation and New Construction, Fair Hous Development projects and programs. A brief summary of Fiscal Year 2011-201 Completed fourteen owner-occupied reh, Completed fourteen down payment assiS Provided a rehabilitation loan to Prosr�ec� $800,000. (208 units of se Provided a rehabilitation Ic Apartments in the amQUnt' HDO recer#�ficati�n��Habitat for Humanity )rganization, Inc. in the amount of $225,808. itment to Habitat for Humanity of Pinellas �00. (Construction bridge financing for 25 ntry Club Homes, Inc. in the amount c ar townhome units and down payment loan commitment to Boley Centers, Inc. - Sunset f mount of $346,451. (14 units) n to assist in redevelopment of Car Pro site in East for the development of an athletic field The �ity's Neighborhood and Affordable Housing Advisory Board is scheduled to approve the Fiscal Year 2011-2012 CAPER at their meeting on December 11, 2012. The CAPER is due to HUD no later than December 30, 2012. Counci12012-12-20 3 Item # 5 Economic Development and Housing Director Geri Campos Lopez provided a PowerPoint presentation. Councilmember Jay Polglaze moved to approve the City of Clearwater's f 2011-2012 Consolidated Annual Performance and Evaluation Report (CA motion was duly seconded and carried unanimously. 7.2 Approve amendments to the Clearwater Comprehensiv� f�l�n Utiliti recharqe needs based on the Citv of Clearwater's 2012 Facilities Master Plan Update, and pass Ordinance 836 (CPA2012-10002) This item involves an amendment to the C�earwater � update the Utilities Element to include updated inforn Potable Water Supply Facilities Master Plan Update, Inc. Section 163.3177, Florid comprehensive plans, in incc�rpQr�te relevant vuat+ seruic� area �roiections approved The city last updat� time it incorporatec ensured consisten� element; therefore, found to be in com� :and updates Map [ in.clude new well Ic� �tutes, requires i ng their 10 year pply options, cc�i n 18 months aft� =lorida Water M� �1 Water Supply rehensive' � based on` �leted by T Attachment number 1 \nPage 4 I Year _ ,� . ., r •. to 'Q 12 i�•7 �I governments to update their �fer Supply Facility UVork Plans, to rvation initiaiives and updated , �l of the regional water strict (SWFWMD) 26, 2011. is sectia� c�f the Comprehensive Plan in 2008, at which city's 20�4 Water Master Plan into the Utility Element and kh the requirements in the statutes for this required amendment involves updating existing policies, previously ce with state requirements, based on more current data, 'otable Water Wells and Wellhead Protection Zones to ns. nity [�evelopment Board (CDB) reviewed the proposed amendment at ►n November 20, 2013 and unanimously recommended the for approval. As this is a text amendment to the Clearwater Comprehensive Plan, review and approval by the Florida Department of Economic Opportunity is required. Counci12012-12-20 � Item # 5 Attachment number 1 \nPage 5 Vice Mayor Paul Gibson moved to approve amendments to the Clearwater Comprehensive Plan Utilities Element to update provisions related to potable water and natural ground water aquifer recharge needs based on the City of Clearwater's 2012 Potable Water Supply Facilities Master Plan Update, and pass Ordinance 8368-13 on first reading. The motion was duly seconded and carried unanimously. Ordinance 8368-13 was presented and read by title only. Councilmember poreen Hock-DiPolito moved to amend Sectic the actual average pumpage from the City's wells +s was apprc Section 2 to read, "...The City's long range Water Master Plan continued coordination with the Southwest Florida Water Man< Regional Water Supply Plan adopted in July �aa�ar� 2011." 1 seconded and carried unanimously. Councilmember Bill Jonson moved to pass O amended. The motion was duly seconded ar Mayor George N. Doreen Hock-DiF Jay E. Polglaze. uncilmemb�r ��uncilmember �ind exclusivitv in collection of utrescible waste from commercial or �sented and read by title only. Councilmember Jay Polglaze 8315-12 on second and final reading. The motion was duly I, the vote was: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays": None. Counci12012-12-20 5 Item # 5 Attachment number 1 \nPage 6 9. Consent Aqenda - Approved as submitted. 9.1 Authorize a not to exceed amount of $550.000, to pay Gallaqher Bassett Services. Inc., for workers compensation claims due and payable for the period officials to execute same. (consent) 9.2 Approve the amendment to the service ent Health/Chemical Dependency benefits recoqnizinp a n reference to the MHNet entity that is party to the aqree appropriate officials to execute same. (consent) 9.3 Approve Supplemental Work Order to permittinq of the Phillip Jones Field site officials to execute same. (consent) 9.4 Award contracts (purchase ordersl to c+ the Sid Lickton funds CS) for 825 from arks and ineer of Record � �ctors 714 S with Relipi ictim advo� earwater aroaram for the aeriod of to execute same. (consen CIP m �F�� G�osyntec �r final; desipn and rize the appropriate the renovatiQn of �;�approve th�� .�atic�n of Penny III �tenar�c� aroiects. � services in the amount of 1. 2013 throuqh December 31. � mnw wn� ----' ---i'--�---- i'-- 9.7 Appruue a contract (Purchase Order) for $196.992.00 to Trekker Tractor of Tam�a; FL for three Case 580SN Backhoes, in accordance with Sec. 2.564(1)(d). Code of Ordinances - Other qovernmental bid: authorize lease purchase under the City's Master Lease Purchase Aqreement: and authorize the appropriate officials to execute same. (consent) Counci12012-12-20 6 Item # 5 Attachment number 1 \nPage 7 9.8 Award a Contract (Purchase Order) for $37.618.00 to Autoway Chevrolet of Clearwater. FL for two 2012 Ford Fusions for conversion to Compressed Natural Gas (CNG) and authorize the appropriate officials to execute same. (consent) 9.9 Approve funds in the amount of $121.690.00 for the repair of a concrete baffle wall and the application of a liner to the baffle wall in the 5 million pallon storaqe tank at Water Treatment Plant 3, performed by GML coatinc�s. (cons�:n#� . � control chemical, per bid 47-12, over a 3-year period,' the most responsive bidder meetinq all the bid require appropriate officials to execute same. (consent) 9.11 Award a contract (aurchase orderl to R.A.M. Excavatin $1.239.219.06, which is the lowest resK plans and specifications, and authorize consent 9.12 Approve a pro Inc. of Belleaii Pier 60. which Ct�uncilmember [ submitted and au seconded and ca City Manager Repc Other Items on C �y t;onstruction Manaqer ia in the arnount c�# $498,, es a1� labor and materials �q replacement and instal ; th�'�ppropriate officials ck-Di#�c�litQ moved to app : apprapr�a�ke officials to e �mously, � Manager Reports PER Chemical, who is its, �nd authorize the �c., c�f Palm Harbor, � amQUnt �f � d in ac�ordance with cials to exe�u#e same. ore Constructiar� Co., e Refurbishment of cQncret�.deck and � Consent Agenda as same. The motion was duly Each y�:ar, �he'City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City's legisl�#ive liaison works closely with city management staff and the City's lobbying team in Tallahassee to draft a package that is beneficial to Clearwater, and to lobby that package locally and in Tallahassee. Preparation of the package Counci12012-12-20 7 Item # 5 Attachment number 1 \nPage 8 involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. The 2013 State Legislative Package includes supporting: continued funding for programs that benefit municipalities statewide such as Florida Recreation Development Assistance Program (FRDAP), State Aid to Libraries and housing trust funds under the Sadowski Act; increasing the Tampa Bay Estuary License Plate fee to $15; and requiring sales tax collection from onlin�: retaa�ers. Vice Mayor Paul Gibson moved to approve the 2013 State motion was duly seconded and carried unanimously. Miscellaneous Reports and Items City Manager Verbal Reports — None. . . . . . Mayor George N. Cretekos reviewed rec� Merry Christmas and a happy New Year. The meeting was adjou Counci12012-12-20 Item # 5 �.,,�,��, City Council F�resentation Thursday, January 17, 2013 Objectives: 1. To determine who has jurisdiction and will pursue cases over illegal Sand Dune destruction in North Beach. (ex. Saturday, January 12, 2013 at 780 Eldorado Avenue) 2. To request the City develop and enforce a standard protocol amongst Police, City Managers, and Lc�cal and State Representatives to respond to such issues. 3. To seek a restoration plan (for City, State, and/or property owners) for damaged or destroyed sand dunes as a result of illegal violations. 4. Remind the City that a presentation was made to City Council last year regarding the importance of Sand Dunes to our community stemming from a violation (744 Eldorado Avenue — illegal removal of sea �ats) THE HOMEOWNER'S GUIDE TO THE COASTAL CONSTRUCTION CONTROL LINE PROGRAM (SECTION 161.053, FLORIDA STATUTES) The Florida Department of Environmental Protection; DIVISION OF BEACHES AND COASTAL SYSTEMS http://www.dep. state.fl.us/beaches/publications/pdf/propownr.pdf CCCL General Permits offer streamlined application and approval procedures as described in Chapter 626-i4, F.A.C. These procedures allow for project approval within 30 days of application submittal. General Permits are available for single family houses, decks, garages, and other construction projects located well upland from the beach and sensitive dunes. Pools, multi-family residences, and other construction that does not meet the requirements of the Florida Beach and Shore Preservation Act or the CCCL standards in Section 3109 of the Florida Building Code are not eligible for General Permits. In order to protect native coastal vegetation, construction seaward of the CCCL may not result in the removal or destruction of native vegetation which would either destabilize a frontal, primary or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water. Unless expresslv authorized bv the permit, native coastal ve�etation destroved durin� construction should be realaced. To minimize damage to native coastal species, construction sites are to be located in previously disturbed areas or area:s with exotic vegetation. � � \ �� A\�1 ��" � �� LJ � `�:` �.0 �� Sampling of Sand Dune and Sea Oats Violations April 780 Eldorado Permit Violation - property owners removed sand via bobcat beyond the permit zone. (see 2011 Ave. photos) State/City action taken regarding violation - UKNOWN Violation # 1 May 780 Eldorado (see EAB meeting minutes handout) 2011 Ave. Environmental Advisory Board Meeting, City of Clearwater 1.2 Citizens Comments: Ron Delp discussed the destruction of sand dunes at this property and requested the EAB (Environmental Advisory Board) support recommending the City pursue accepting state authority and enforces protection of sand dunes and beach vegetation. Member Drayer moved to recommend that the City Council direct law enforcement to immediately enforce crimina� penalties, which can be assessed for destroying or altering sand dunes and sea oats. The motion was duly seconded and carried unanimously. April 744 Eldorado (referenced CBA meeting agenda) 2012 Ave. Property owner had workers removed sea oats to clear a path to beach, load them in trash bags, put in trunk of car and vacated area. Police were called and found vehicle. Calls were made to Jim Martinello at the State DEP by CBA June 744 Eldorado (referenced CBA meeting agenda) 2012 Ave. FDEP sent a letter (dated 5/14/12) based on Steve West's inspection. The FDEP stated that the re- vegetation efforts were not sufficient to resolve the pending violation, and a restoration plan was required to be submitted. They are to submit the required plan within 21 days of the receipt of the 5/14 letter. Ed Chesney, P.E.; Environmental Manager - Current Status - UNKNOWN January 780 Eldorado Neighbors noticed a bulldozer removing sand from dunes and spreading the sand across the 2013 Ave. beach and destroying the vegitation. A video and pictures were taken. Police were called. A Violation #2 citation was on hold awaiting proof of EPA permit, which the property owner claimed to have. Ed Chesney, Clearwater's Environmental Manager visited the property and contacted the State to see if any permits had been issued by the Department of Environmental Protection and found out none had been issued (the old permit expired last spring). The owners of the property had been in contact with both the city and the state. The state told them the only thing that was permitted without a permit was the removal of sand, by hand, from an existing patio. They asked the city to support a state permit which would allow them to remove the dune. The city said they could not support such a request. It has been brought to our attention that the proper State Authorities have been made aware of the issue and at this point, we have been told an investigation is pending. Question to City Council? Who will pursue citations and prosecution on these issues and follow through until remediation? Thank you! ENVIRONMENTAL ADVISORY BOARD MEETING MINUTES CITY QF CLEARWATER Mav 18. 2011 Awaiting approval Present: Aiso Present: R. Peter Stasis D. Michael Flanery Michael Engelmann Patricia Power Elizabeth Drayer Leslie Dougall-Sides Ed Chesney Patricia O. SuHivan Chair Board Member Board Member Board Member Board Member Assistant City Attomey Environmental Manager Board Reporter -, . � , A �;%� �� f The Chair called the meeting to order at 4:00 p.m. at the Municipal Services Building. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1 - Administration 1.2. Citizens Comments: Ron Delp discussed destruction of north Clearwater Beach sand dunes and requested EAB (Environmental Advisory Board) support by recommending the City pursue accepting State authority and enforce protection of sand dunes and beach vegetation. �� _ _ 2 — Action Items , . . . -. . . �f��'�' 2.1. FDEP Dune Re ulation Discussion. Support was xpressed for City errforcemerrt of dune protection. Discussion ensued regarding the bobcat`on north Clearwater Beach. It was stated the State should be obligated to correct damage to the dunes that occurred under State permit. Environmental Manager Ed Chesney said the State usually provides a copy of its permits to the City. Assistant City Attomey Leslie Dougall-Sides said Assistarrt City Attomey Rob Surette had indicated the Police Department can er�force State sand dune protection law and make a criminal arrest without a warrant if they witness a violation. If Police do not observe the offense, they can submit a report to the States Attomey for investigation. Causing damage or destruction to a dune without permit is a 1� degree criminal misdemeanor; driving a vehicle across a dune is a 2`� degree criminal misdemeanor. She will report if videos are acoeptable as proof of an offense. Discussion ensued with comments that dune destruction would stop as soon as the City started enforcing the law and large fines would discourage violators. It was suggested that the Crty adopt requirements similar to Flagler Beach's for dune walkovers. It was felt that City managemerrt needs to determine how it can enforce laws against dune destruction. It was noted less than 10 property owners are destroying dunes. It was questioned why the City had Environmental Advisory 2011-05-18 sent letters to beach residents when violators ignored previous letters from the State. It was recommended that a rewrite of the ordinance related to dunes should omit language related to fboding. Member Drayer moved to recommend that the City Council direct law er�forcement to immediately enforce criminal penatties, which can be assessed for destroying or attering sand dunes and sea oats. The motion was duly seconded and carried unanimously. 2.2. Greenprint Discussion. Concem was expressed that the Council's reaction to G�eenprint committee recommendations indicated little interest in establishing environmental policy in Clearwater. Continued EAB support for committee recommendations was encouraged as many opponents were heard. It was felt the Council's decision to focus on cost is shortsighted and lacks an understanding of the recommendations. Disappointmerrt in City Council inaction on Greenprint and dunes was expressed. It was stated Greenprint would provide a framework for future growth and consider green issues when projects are constructed; for example, the City failed to consider green issues, such as bicyclists, when constructing its streetscape projects. Member Pow�er moved that the Environmerrtal Advisory Board supports Greenprint recommendations as they would provide an effective framework for the City's future, provide better ways to use land and resources, and is the only way the City will be competitive and thrive. The motion was duly seconded Disc�assion ensued regarding the importance of a City Council buy-in for Greenprint, which would encourage and offer options for green building and residerrt participation. It was commerrted that major costs in the plan relate to future solar cell installation and the City needs to consider efficiencies and life cycle costs. It was recommended that the Code be amended to permit xeriscape instead of grass. Ms. Dougall-Sides reviewed the Cityr's commitment to operational changes such as purchasing fuel efficient vehicles and reducing electricity use.- -- Upon the vote being taken, the motion carried unanimously. 3 — Informatton Items 3.1 - Next Scheduled Meetinq — July 20, 2011. 4 - Adjourn The meeting adjoumed at 5:23 p.m. Attest: Board Reporte� EnvironmeMal Advisory 2011-05-18 Chair Environmental Advisory Boa�d 2 . +� � - 1► - � � � � �. � 78f1 ef�iaradcr avenue � ''sc�� r� � ; � ,� ; � ., < �,� � � �� a ., � �- ; � � �- �, � � � � � � � � � �' � �� . �: � � � � � ,�, �.,,� � :: �a,vs,,� a� ,, � ',, �.� ' ". ��' '. �..: % ' � �. � '��rF c r� �� . ... krari�erva ,�7 �� ,.�� u.;�,a w . : � . :�.: � � , ; '';�, � .�..< ,,.:: ,,,.. � :r ,.�.�� '�' �� . : � : ;�,r "', � >. , �' . .. . ca � iz : .' , r ,<.. ,4 � ' s `; K . $ t0 �.. .a'�n . . . �`. . � , ,. , . ,y .: ; � � . . . � ,�.' � . . i. �.. ' � J O. � . � �' � � � .,. , . 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Ft. 3 +T67, t35A � �1 � ��:�� w. , � �� n,� Pia��z C� 3;�,ncseelhU �r tt t�. ��( 1 -�s -f c(i* r. :�n '��}.- trlij . r�� . .:�.3ES i§✓, �LI"I�E � . ;.�jd�;A F.'�_U2E �.��:E�<�..ij �t'aiJi:' n[z. `:�,<< 1 c. > Hf r�., s_ - C`� F�mporary Pia.�es `,�, �_� : � � ; �`.L'tr}�a's. £�rt#�Ga�wVs.? a�.:.,'� �;` Premai fdaYa�ese _. '• '�1 � B�zr�4ees arKf LaC�ek� �� (•i�i � Pl:ates. �; � i`� ,".; Photo+s *"�� Raads � � � 3a Bu�iciing; : �'�`�,..� Ucean �. !. � � � lAdzaihEr � , ( �" �allerp � � ��( GIa�.+al "a<+nrarpit�ss .. � € � FJiI�fE �. r . . n�� i� �; � � , ,� �,�,. ,� ,s �' �� ab. * , «�� , � �;,� k.s M:. �#f �,k : F�g.n M� ." � _ �:,.ra � ,, r � � 7t3b eldorsdo averrue, 3376T �ar�a i ea �xt-,�u� a7�§r fiaiP„ . . .. GE'�:�t£CEK."kk6i7S �'dS5�43t"�+ .:. ��i�} ��€�{7Ec'YC�6 /�Y�, e.Ae�CWaif?k. fL �'il�fi't, UsA ( wK � � (� My Piaees . ��( I'�J Sic ht t eeiny . .%{i�tss fc.l �#_r ar�t{ ciir7: urT thr Pl.;��`Y�ufifr,ti k,�Ecavz tc+cfa . ''+�� hom�e C�:I,�y Route � C?t far 7 4 an ..l5a�ut,5 r+iirt liins3 .�-t$r i..f V`i T�fe f..C��> �� ` � � Temporary Pleces �� * � � E�y�ts Eaa�e6�lleey �� ' ��:..`��i �, Primary6atabase ... � .. --' i�i � garders and LaM�els �� "�"� O Plaeex f'�? =`�� Rhatos �.� ��*�i ftaads �� ;�: 3C7 9ui(tlfnys :� i�� .�'.. Oeean :` �'� Vieather � �` Gallery � �� '� Global Awar�ness � ;�� "��,i Nlare . �T � �, -�: •^ � '.^ ,"*� iw ��.� �„, � ' .� . � � � �mb : :�.: 8°" ^k,,+F* zs ' " `�" a �: . �� s a.� ...r'�..� ■ , , ,�� '=„a� . . �� -., �,��" ,� �„p� � "n , �, �.�,. � � � � ' "s� �" :. ,. . . . . � , ,^ � ° �;°°+ . . . . . , � ^ w ;*" r� �#g� .�� y�� "�' * ° �, �: c�", w.�"'�` .„,�"�� , 4 .-«... �..�.,--.o _� . � ,.. � ,. .,. . � * � � � f � � • � � �r w � Destrucdon of our Sand Dunes Sand dunes were destroyed last weekend� CBA at City Council Speaking on behalf of illegal Sand Dune Destruction last weekend We need CHANGE & ACTION Join us: Date: Thursday, ]anuary 17th Location: Council Chambers, City Hall, 112 S Osceola Avenue Time: 6:00 PM To show your support, please wear a CBA T-shirt (or teal or blue shirt). If you cannot attend City Council, please contact our representatives and let it be known that you want our city to help PRESERVE and PROTECT our SAND DUNES - they protect our beaches and homes ! �� ..�� - NwrrYl �Ms ��. il Y�,�: � "!NM rlqs !Jwy itM�� Why Sand Dunes Matter: Research has demonstrated that dune vegetation is sensitive to damage by human disturbance. Dunes are vulnerabfe to wind erosion once the anchoring vegetation on them is damaged or destroyed. Without effective conservation measures, we stand to lose an already limited resource. To protect these fragile ecosystems, we need to become more aware, and sensitive to the vulnerability of these important coastal Please use this link to contact our City features. Manager, William Horne Whatisfundamentalto �� http://www.mvclearwater.com/contact/ContactData.as�? understand is that sand dunes \\�` � \` � K � S`� c�� `�� ' ,,_ � � http:/ /us4.campaign-archivel.com/?u=07118ab1ff034f73bSfe79d18&id=0168... 1 / 17/2C1�13�� !!!9i�i� . , �!�!�'�'�!� �a�i�r��t�c��€--��.it�+��t��r f ��h �� t �r�g� ��e �I��r�dc� ��, �P��YY ��ly �I��C��C ��FI ., "" iM, "` . � ,�, ,� ; .� . i��$� I �a� �� ,, . �. � :r � � � �`. F �, ., � . � �e�d �� r��t�:�; �� r�� :�� ;�t� �y��. �}unes dep�s�d on b�ach ��nd fc�r their farmaiic�r, p��icui�rly tiurir�g lovv ��t�r ��v�! p�ricads, �r€d beach�� need the �ar�ci reser�re t�eid ir� the ciurr�s durmng P��gh lake ieve4� �nd strsrm e�er�ts. Vilh�r� th� vvind encour�t�r� �n ob�t�cle �€a�h �s a e�urnp of ��getatic�c�, th� �airrd �peed i� r�d��e� a�d th� sand gr�ins f�i! out und�r gr�vity, resuiti€�g ir� s�nd d�posifio�. As th� s�rtd �ccu�ttai�t�can cca€�iir€��, a d�ane i� farr�ed. C3ur�� g€�rrrr �h�n there �� n �deq�€�te s�rod �uppPp ar�d ��cshor� wtinds vvith �rtaugh er�le�ci��r �t� rn€��re the s�nd. As the d�r�e b�ailds, �f b�ccrmes � €��jc�r abst�cle to ihe landvv�rd mca�r�rt�er�� af vvir�db(cso�n sar�d. 6n �th�r wc�rd�, ��,� �€�� s c;�r€��r�� {� ��s �.°�c��c,� �rr��ir��t� �� t ��. Exc�rpt� fr�tn: hdt�.dlt�ke�rurnrr. carr�c��x. ph�a? p��-�or�-franks---sar�cf-dcrn� -cc�raserrsafdt�rr §a4�c��r a�t� ��r��€�r j fir��nr� c�n ��h��c�k ��c� �r� t� � frie�d �og�yrig�€t � 2Q�3 Cle� af�� ea�h �tss�a�iatrc�r�, ,41� ri�ht� � ,�� £� res��red. � � �r��ub��r€b� f�a�rt ��r€� li�t � �d�� s��c�°ipfsc�r� �r��r�€�c�� httpe//u��4.� ��.�n- �l��v��.c� /?u=0711��b1ff034f73bSf�79d1� "d=016�m.. 1/17/2�{E3 �.� � � ��x �� r � �s�� ' � � � �5�;: �� , � �� — ,at� �1� .� >. � �r�.`� :,8'µ , r . � �� 4 � � u � City Council Agenda Council Chambers - City Hall Meeting Date:l/17/2013 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 authorize 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 0566-00000-3 64413-000-0000 Bid Required?: Other Bid / Contract: Review Approval: No to Amount To Be Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Sale proceeds Bid Number: Bid Exceptions: None None Cover Memo Item # 6 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 119,603 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 J 150SLECD 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 SKID 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 Accident Damage/Not Replaced Budget Reduction/Not Replaced Age / Condition/ Replaced Age / Condition Item # 6 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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 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 contract 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 addition, 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 staf£ Therefore, no operational changes have been made as a result of the name change. Funds are available in Code 315-96378 ($187,810) Pasco New Mains and Service Lines, Code 315-96377 ($751,240) Pinellas New Mains and Service Lines, in the Clearwater Gas System budget to support these requirements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 315-96377 315-96378 Bid Required?: Other Bid / Contract: Review Approval: $939,050 $939,050 10/1/12 to 9/30/13 Amount 751,240 187,810 Yes 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 Cover Memo Item # 7 December 12, 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. � � 1`LVRILAll�L7uLr•�'E . �.1 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 ti � E< a� }. FLOItBDA GAS CONTItACT'pRS January 2, 2012 Clearwater Gas System 400 North Myrtle Avenue Clearwater FL 33755 ti Attn: Brian Langille, PE, CEM, Operations Manager — Supply & Distribution � Mike Deegan, CGS Operations Coordinator � � Dear Mr. Langi�le & 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 Form (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 Identif�cation Number and Certification on your income tax Florida Gas Contractors, Inc. Business name/disregarded entity name, Check appropriate box for federal tax classificat�on: ❑ Individual/sole proprietor ❑ C Corporation ❑✓ S Corpora�on ❑ 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) ►er ldentif�cation Number � Give Form to the requester. Do not ` send to the IRS. Requester's name and address (optionaq 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 ti � m � Soc(al security number � _m —� Employer (denUficaUon number 2 7- 4 7 3 2 8 3 9 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 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 page 4. . $Ign Signature of � Here ID.S. person Date ► � � -. � t,� °--° ��} � C7i@Il@I'8I IllStiUC IlS 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 Section references are to the Interna� Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S. person. For federai tax purposes, you are Purpose of Form considered a U.S. person if you are: 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 ailocabie share of any partnership income from a U.S. trade or business • 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 withhoiding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W°9 (Rev. 12-2011) City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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) 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 forecasts; therefore, CGS will pay an increase in the Fiscal Year 2012/2013 dividend of $1,298,132, based on financial performance, which 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 (NG� 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 City Council allocate $250,000 of the added CGS dividend payment back to CGS to accelerate the recovery of the NGV Filling Station capital costs, which 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 e�pecting 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 $250,000 of General Fund revenues from the General Fund Non-Departmental program to capital project 315-96387, Natural Gas Vehicles. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Increase the Gas System Dividend to the City General Fund and allocate a portion of this to a CGS Cip Fund. See funding statement in background section. Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code See funding statement in background section 1,298,132.00 1,298,132.00 10/ 1/2012 to 9/3 0/2013 Amount Annual Operating Cost: 1,298,132.00 Total Cost: Appropriation Comment Cover Memo Review Approval: Item # 8 � 1 1 1 1 • • • rmF lV � 'I`M W 7 � N � N � � � � • • • ncrease in ivl en > > + � � - �x e e _ - ncre as e _ > > - oa_ � � v � � N ro ose se o ncrease .. ivl en un s .. , , = ncrease ivl en 2 = A V F n in 50 000 e NG u , - et ncrease , , _ . . un in to 1 eserves � � � � � � � v � � W GAS SYSTEM RETURN TO THE CITY ($MILLIONS) HISTORICAL DIVIDEND PAYMENTS TO CITY �� , ,, ��. , , �� , �� , , ,, ��, ��, , r-r � � � �ns �9� ��s �so �'ti, �4+ �� ,�p �R �,y"1. �^s �yA a� ��v �°l �� s �i, �3! ��,. ,�'� �`1""� �^'� �yD``' �ah'` �`�s�" �`A� �3R''� 433°j�' cs�� `� i'�� t�`�� o�°�' Cy�'� c3�� pa� ��'� t'�� 'ma�` R�� A`�'�` �-1 �-L ,�-L �at �-S �-i �-t �-1 �-L ,�-L �d �-1 �-i �-t �-# �-L ,�-L �-t �-1 �-i �-t D N n 3 m � � c 3 6 N 7 � N � N A GAS SYSTEM RETURN TO THE CITY ($MILLIONS) HISTORICAL TRANSFER PAYMENTS TO CITY �� , , �� , �� . , �� , �� , ,, ��. , �� , �� , ,, ��, , � � � �^3 �P �e5, �'O �'t �Ra �� 9 �°� �+}, �°is �A� �� 4.i �°t �� C� �� ,r'1� �^a q�`�+�' q��h`' q��' q�� G�� q�'l� �4�� q��s� qi5� �*�' �°�� "�� t� ��` q�°` �'L� ��a�' ��` �Ca�' �tii ,y'Y} 4"� �'� �'a �'1 �'L �-�` �'1 �"� �'l �'a �'� �'L �-�` ��6, 4'L �'� �'L �'� �'� �-�` �'� D v n � 3 m � � c 3 6 N 7 � N � N (J7 Clearwater Gas S stem Y Transfer Pa ments to Ci Y tY Pro' ecte d FY 1 13 Total =$7,631,032 � (C) �� r-r � � � � �D) �E� �552,42�} �� . �: � �� f ��1ri � ' r - r ' � ■ Admini�#r�tiv+� Tr�n�f+�r �E�� +�I+�� t+�r �ity �+�rvic+�� ❑ +�I+�� t+�r Fr�nchi�+� �� +�I+�� t+�r lJtility T�� E� ■ +�th+�r �+�ntrib�ati+�n� �F� D N � 3 m � � 3 6 N 7 � N � N � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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) 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 Florida 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, however, 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: Cover Memo Item # 9 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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 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) 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 Review Approval: $215,000 Annual Operating Cost: -0- $215,000 Total Cost: $215,000 2012 to 2013 Amount Appropriation Comment $215,000 Cover Memo Item # 10 I ?�i'd#.ss % � �� 1 �' 'i',r✓�"' �i '; �,ljr',i ��SPU� �t�� xt,A �`,� �� ?�� I� C�,�;I�C)� C� �1�1� �S�6f>r�'�s��s�3� ��zz�sr;vr t!�Yf rs ,> > � �i�� f�� '. ��in�,��+i� C�ty ��G�� t��° P��is �rt � �� r��r��o: ��a�� t �t6�s � �r�a��ra�d� ��C� �€�� S� P�y�-kle At��n�� P�rks � Ftecreati��n C�e�sar�m��t Clea��-, �� 337'S6-5�2�7 .*s * � .� }� •A • +� `. . � � . � � � , � � � � ,�:. � , ' . r�: .. ,� .. a,.: � " � �'� + * ' i i� �1 y !'i �, > , � :.� R � . . . a .. � . , . . . � . _ , r t . > . � , +. s y�, �. � �� ..,. � ' . � � � . . , a �, .�.f ,. � �i'r` !'Y . 'i. , , s .ri�.l � r „f 'v �: a;tf � � i :F " F' ' k. � # 3' .. ; ` hl i � a, . � �' ?� � J �..F i F.. , � i ' . �� / # k. . �.. w ! !� � . i��. 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" . ° �: ^� « • .. .�r • -r •r r � a ��"� ��F�• - e �s� �� t,��s �� E �r �' # i�. ■�: ,. .- .� ... .. ..� �.. .� F � i . .. .� �l.�' � f .� ` ! .: ��«.. .:..i' 'E�..:; .. �. m. � m. . � � � .�. �� A !' � , � • . � i`. i ! i. � � '11 .• � _ ,+..: � � � ,s �. �.. ,;. ��i`� f i i�� . iR' .t� f �!!. ....i � �if . {� +l:.: ,. �.� . ....'�� .�+ «:� �l��' x� �.. .s 4 ��. .:. �� «; R:... , � -� ■M�.: � �� M� � �� .,� s � �•i� '�!� . : �i��. 1 . i. 1# s �,� .,�: . t � � �, � �,, i . . � . kt«. : ,. � . M.. ` � . ,� �� ♦�- • s . ,� . � � s �s��• �. �r i..., � _ ,� . � ., i� ...�� '.��'. Public ��vork Ecrc��et# a� ih� [3�su�rntc��€� �na� Sli� &��nm��a��i� s�Y� vvill fnrrn th� capstr�ne tra ih� d�awr�t€a�rn c�ltur�l cearrid�r, k��cke�s�irr� eicawr��wr� �msitors t� �he slip� via �� i�ar�ic irrr��ery eaf �SUb�ic �rtwvr��C, �ns� li��kir�� raffic �ack to darn�r�tav�!e�'s sh�ps, r�staurar�ts, cr�4tc�r�l �ttrac�ier�ts �nc� ��ertai�rner�t ve�u��. F�sr r��r� "r�f�rr��tic�r� a� th� �t��vn�a�n Be�at �lip � Pr��ad� pr�j��t, �9��s+e visit: ��.��.r�� d��r°�r��cr.��r+��d,��,?r�s��ar��m��r��`t°r�� a��r��B��'€��.��.��,� �c�r mt�r� 'c�fc�r��t�ar� on �he dc�v�n�es��a ��eu�l��r� Stre�� C�ist��c#, �I��s� �risit: l��`�'§a��e�� ;�� «��t� _��'��e�� '��t��a�r��:��€��.��.� The l�nt� b�rdering th� �I��r��t�� Wark��r ar�ri Int�aco�si�al ��rway h�.c Inrr� #�een ��s� �'st� of � rn�a�#itude c�� use��, �o�h h�rnar� arsd nat�raE. The �v��n�ray set betvve�n th� Clears��ter s��inlar�d �nd t�� a�lf �f �Il�xi�:c� is used k�y ehc+us�n+�s c�� ters ��nu�liy� ��c� is � rn��n tk�crro�ag�f�re ��r the �c��e t�an 1�[i,t�f�� re��st�re� ��a��r�s in �h� T�mp� B�� area, �r�r mQ�e inf�rr��itsn �n th� ��ra� S-1i� & Pr��ae�a�c�� pr�j��k� ��s� vi�E�. l��u��rt�.e:��sn��`� �! ��,��t�v��ci�.��..��'�� rs��w��+t1�"sr�,�r ��i��:��"�a��!��`��e3�:� �� The Cl��r�rat�r Har�ar an�d �r�� rrc��d�� bc�at slips prc�j�ct �� al�a a prr��ect�d sea gr�ss b��s. Th�se n�tural ��aC�r�s ar� i�p�r��e�i a�d high�y r9i��rsa� er..c��ystems, a��i can ��rbc��° hu�r�r�ds vf s��ies �af ar�ir�afs ir�e3ud�n� �c��l� �nd �uv��nif� fish, sea ��rtl�s, �� rchins, r�a�l�s�CS, ar�d crabs. �eyond t�eir imp�,r��n�e t� �� Ic��:�l r1�,�rine flc�r� �n� ��una, s�� rass b�c�s also ��m�nis8� �3�e F�rc�s a� c��ea� �ur��rats a�c�n� th�e bc��ar� �sf Flc�rida`s �ater�ays, �h�c�r t�ecr��s�s �� arr�aun� �� d��e ti�a� s��r�s c�r� �n�li�� pan �raterfr��: st��ur�s. �ar m�� inf��m�t�� an t�� ir�pc�rt�r�� crf s�� r�ss b�ds, pl�� v�si�: Eat��°x��k�.��.��r��`+��c �^�.,, �rt��icr.�s��c�LL��`�':��C� �i�� lips a�d �rornena�3� �rr�j��t ��s �Isa b��n �igh�i��t�� ay i#�� C�e�rv�r�ter-b�s�+d s�ierisiar�s c�� th� U�rited ��a�es C��st ��rt� as � site €�� irv��n€��sn� �� r�s��l ie9�r�tity ��ss- ��5� ��rvie�s t�s�t �he e�r�a�rixaticrr� prc�+�i�es. Ti�� C�as� �asa�d', �+�i��a c�p�rat�s ��r� b�s�� in �ii€-�c� �rc�xirr��ty e�it� �he �i�y c�f �lear�ra�er a� �,ir Sta#�g� Clear�rr��r ar�d S��isan S�nt� �e^�, h�s Icsr�� m�int�in�� at� ��iu� �al� 'r� prt��c�irrg �h� ci�iz��s a��l bc�a�er� �a�c� �s� ��e vu��t��s r�f iF�� ulf �f �'I�xi�o a�d T�rn�� B�y �r�� r b�sin�s�, �r�t�rtai�m�r�t, ��rd leisur�. �ar mar� i�far�a�iora on the Urri��d S�a��s C+�� Gua�d a�� its G��v��er �ases� �rl�� i�: ��t��.�`�,�€��c,��r��'��r-s��ri` �nt� ��r��"�sr�v� �s�� r��"c�7��t��r.��i��f��t�l��.�� Whi�� h�r�e �r'� �u��r�D�as ant� dis�i�� t��es �t�r �Etis �arraj��, s�eci�E c,nnsicl�r�tic�� wil� �e givPn �cs p�b�ic art pr�pasa�s th�i s�acccss��lly blens� th�se �I�m�er�ts into �� ar�r�ark �h�t �a�s hc�rn�ag� �c� th�� irrr�aortar€t f�att�r�s �r�r� �as�s af tf�is site and tv �he "'Safe �a�'�ar�r`" conc�pt. ��J��' �t3��.�: � �`�� olE�uv��g p�a��ci gcaals r�i�# help �uide tl�e selecti�n vf �h� c�ca�m�ss��r��d ar�vv�rk; � �.. Ark�vvrk is �af �n �ari�i�ai, s�t�-��ifi� �esigr�. � � �. �,rtr,�c�rk is �xcitin� ar�d icc�ni�, ca€�pl�ment's�g the �a��r�l b��u�y c�� the Cl�a��ter �a��i�rr �nt� � �n��coas�a� �ra�e��y siie. � 3. Ar��e�k s�rv�s �s � vis�a,al icc�rs ��d ar-�is��c I�e�drr��r� fa� t�� evuly cam�l�f�� i�aw�nx�r�rn �c�at �Ii� � Prsarrr��a�f� prc��ec�. �. Ar��r�rk shcau�� b� � vis�a! ��ct�ar pais�� b�ton�e�n �I�arv�a�t�r's dc�w�ante�vu� and ih� �Q�� 5lips. S. ��wtrsr� sh�r�ald �e� af � scal� th�a� is �cc�ssih�l� �c� bat� "v��lk-�a�,, eri�w��s �s wrell as "driv��°, kaoat u�e�vir��;. �. r��r�rk is ��rica��d usin� a d�ar��f�,. lo�u-rr�air�ter��nce rr�a��rial �hai �uill a�r��s�ar�d �9�� t, ��It�+air, h�ar�idi�y� ar�d sunli�ht c�f Flc��id�. 7. ,Ar�wr�rk is ccr�r�l��n�n�a�y �� the csvera{I crs��x� �nc� fih�mes �f the t�avvntne�rn �3c��t �ki�a f� �rc�r�te��d� �rc�ject. 8, �lrtwr�a-k h�s � s[rc�r�� #�li� ��I �nd uvill be �mbr�c�d by bath th� p�a�b�ic aC I�r�� d the �iey �f Cle,��r�t�r. � ; ��. � r nr ; � _� �'.1 N " .��. .' � i. " � .[ ^ �1 .� 4 � i ' .« F � �� i '. i � ��i. ! . `�� 4 A . � i � i �. ♦ * F:i "�a i. ' ,� < ? , , � � t, '. i. .1�� + �„��..�r+.i'": �.�A'.i�.#� !'"- .. .. �� .�s�.... .�� •'.,:�i. .• ..T... i,...if A.. «� i� � � ! i .: t . w � � . ` 4 �. . y � � , .� � � � � � � ! . " !1 • � i . R � ': k� �� R'. ,. ., � ��, .� ! � �� s r r . � ' .: • . , _ � � � y� r . * ,. 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Y ��,+. .. � �a�l �rt�s�s �r�d �rt"rs� te�rrss �pp�y�� rn��i pas� ��e f�llc��r��; �. 5ix �f} irr�ages �n� r�±u�ia�nr �vi�� I� �er�in�r�t ir�fn�ra-m��ivn ��r�ist n�rn�, artwa�k titl�. m�di�ar°�, dir��r�sia��, pr�c�/val��, �� year c+�mp��t��E.� 2y ,� curr�� rt�s�'s �esurn�, �laci�� rrr�shasis an p�bt�c art �arcajec�s ar ather r��lat�d �rt �x��-iences. �1eas� in�tud� b�€��t ar�€�u�� frar a�l p��jeeis �r�c� indic��e �� me�rbe€- role, i� pr�j�ct is a d�si�� colC��3r�tit�n. � � � 3. A�e�t�r pf int�r�si des�rib��sg ��ry you �� ir�ter�s��d ir� tl�is p��c�. ,4rtisi teams wii� �� a o coll�ciiu� st�te �nt �br�u� th�ir t�am'� �rr�rr�. Sp�cifi� prc��ras�ls ar� nvt requ�s�e� at t�is s�ag� in th� prs�ces�. 4 t } '. '1L �` ; ■ . i � > ,.� . ^ � - . Y r . .+ I� * .. . �� s �.. . �- �� ' :f � � : i ' - . ��f. ^' if x �i 1f f � - ,� .+ ��t ` i �` . / 4 �:•, ik' W � . �11' # ,, /( . � i !•.. �I: : i �. �. ... � � .. �. . ,�. .. * � � .. •:. M . •� , . r. � ,, w .� , * �: � • � e � r �� ... _ • � �, r�.. 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M� :!� ..s�►'�! i "�i i�# �' � ! � I I s� � � , R . ��! �� N. .! � �. c�&C4 �%8��6-@�� 94�&�`6eID'�tgtl�& ��1� .d�698X�7� A �� e pl'�ase contace �h�€s��p��r Pi��i��d, Cule�ar�� A��irs �pecia=I�st at �i27} ��-��! ar rF��is�� _��r ��€a��1�.��I��°��,_r;�� ..� . iaC ; ► . _ ■ � , � :. i� i . �� . . . . , � � ,. , . � . .wi , ♦ � �t�F r a - t ,a � t•• � s r a ��J��I� �� i� �LE��`E�: Th� Cf�arv�at�� 'u�li� Art � C]�sig� Prc��rarn v�r�s ��o�ted �y CEty Ca€��cif in ��1�}5 a�d airns �o �d� ta t�a� vi�u�l �d�r��i�^� �� the ci�y, cr�ati�� r��r�c�ra�sl� irn��es �or visiYc�r� a�d r�si��nts �like. �u�lic �� ccrm�i��i�a��d ��ra��F� t�r+� prc�gra� �ill �-einfarce �le�rr��te�'s rc�l� as a� er��gin� I��er �r� culk�sre, � recr��a�i�n �n�f er�uirc�n�e�r�ai rsr��e��rn�r�t, �r�d ^�vil1 ��Sp�rt t�� cit�r's d�v��l��n� �s a v�c��rf�rl � �P�c� i� "'liv�, I��r, �+uork and' play.•' � � �t�E� �l��'�'Et�: O �r�ists in�er�s��d ir� c��h�r p�#�lic �r� �ar�mis�it�ns �r� �n�esur�gc�d �o visit �he Ciea��#e� P�ak�lie A� � �esign P�a�r�rrr► �r��i�� at htt��+��;��.��.��r��t��r.�:��,�c�a��r�4�r�a. In�c��n��€c�n �s �apd�ted v�her��rr�r r��uv �ppc�r�ur�i�ies �r�is�. ��c°��t��° �'�� a��il ��af��i�s� ��it� s��t C€earw�t�r (lar��r �r�ari�� F'ubl�c Art�ac,�k ['re�ar�,� b}°: ��ristc��t3r�r �ub�ar�, Cultura� 1�ffai�s ipec�aCi�t ��'t�:�t��l � �� 'I`�� :l��rwater �-€arkscrr ��r�t�� a,� clei�i'tnincd tt� bc � Iti�� priarity itcrn i�t t�e �'ub�rc ArY �4c I�esi�� h�tast�r �1�� [�D�7) �� tc� its �ti�� d��re�, nf�isit�ility �i�d ��lic; pr�ir�€nence. � c��arn��nity input s��sic�� ss l��lc� �c tk�� C'te�rw��ater fv��n �,il�ra�-v c�r� .iar�uar�r' i, `?�10. (7ve�- 3� a�ter��es r��r� p��s��t at this sc�sion, incl��c�ing �iti�ens, rnembers c�f Cl�axv�ratcr arE� c�r�aniz��i�s��s, and �;ity st�f#: �� tt�� c�r�apleti�an c�t thc m��ti�t�, t��e gr�tirp de��rrni�c:�l �l��t puhlic artwc�r� f�r th� sit� s}��suld %� r�iihii� t�a� sc�apc �a� Yhr�e ��n1esF ��e c�rreni use nf t�t� �ite; the eravirv�m�nzal ��e��rvatiaan ef`�c�rts c�f the pr��ec.Y; �nd t�t� �eneral saf�t� ��'b�at�rs �rvvi�ed l�y tlt� fJtait�:ci ;�i�tu, C'cs��t (.;u�€°c4. 'f lrese lti�rrmt�� wr�re ca�bi��c� �c� farm a co��pt �nc�w� �s t}�� `;��f�; I-Iarbc�r'' ih��. A n�fio�wi�� {``ali tr� �rti��s w.��s is�u��l r�r°► tf�� C'a�� ic�r Enir�f (�°�Fl�} �ve�+site s�hich ger��rated � total of �� rtis� ��plicati�ns. T��s�; �pplacants were review�d �y a�ualif�ec� S�:i�ct�c�n F'�i�el apprc�ue� h�� the F't�blic Art ��cs�gn �3c�a�d, The ��lec�ic�n �ane[ r�c��c�d the initial a��lic�t p€�€�1 frorr� 24� ar�ists �� 33 in the �rst r�ur�d aFr�Ur��v. 'Tl�e secon� rc��rnei e�fr��i�� ee��€cec� ��ae 3� artist� t�a4 se��i-fir�alist�: ilar� A�erbuc�� {�3Y}, Rcadn�y �arra� (�eC�}, �I�fi'C'.r�rte�i {C;��, �nc� L�a��c� �ri�;s (�i�). �°I�e a�ist s�r�i�fi�alists se�ected i� th� s�c��c� rcaur�c� �freview w-ere in�itec� tc� c�e�t� a si��-s�e�i�i� �r�pasa� �c�r the public artwr�rk co�npc�n�iit a��d pr��teci t�es� ��c��a€s in �urss�n �c� �[�� (ectic�r� C��nel. T��e �a�-r��aus�l �f �rt�st �"lif��i�nten w�s sel�cted as h��[ �ne�t�ng th� t�ree�tier�d "S�fe �3�rbc�r'°' ��e€ne. Th� �tty's �u�l'r� �i�t ��r�;n f�e��rd h�;s re�iew�c� ��if�"C��i�n's prc��s�s��. �i�i�� h� r�sea�ch a��d �re�rn#ati�rn at l�is p�-r�pcss��, tr�ia�ing in �� f��lr� c��'th� ar�s3 p�sk �ar�jeets, a�c� i�:nc�wl�d�;e c�f tihe �n�teri�ls ne�e�s�ry tc� cre�te th� pr�pc�s�� ar€�v��, �h� B�ar� unani�l€�usly appr�r��c� t�� p�op�sal. — ��e�ti��_��a��l �"`�r��sa�ac�� T}�e project selec[in� ��cl ��°as rc�ri�s'v�d anc3 �ppr�avec� �i�y the �ity's �'�blic ,�.rt r� fJ�si�� c�ard. T1�� a�el cc��sis�ed �f ariists, c�m�nuniiy me��bers, C`ity sk�ft, and st�:k��lders i"c�r i}�is prc��ec�. �""he inteiit c�f ° khe cc�r�p�as�tian �af thi� p�ne1 was ta pr�v�ic�e � braa�i b�s� c�fc��nr�un��y �epr�s�ntati�� ell as ��id� acr�pe �f ar��siic t�st�s �n�# u��d�x�sta�adi��g. Tltc; ��€�el c��7r�u��tiur� is �a ��Il�av�: � J�s� �3��a��k�in, �'ubl�e �rt � f��sigr� �3�arc� r�pre��r��ati�e anc� aruhi�� at �reativc �c�r�tr�ctic�rs ��e�ven i3ic�e�, rn��ral��r o�`the 'T��np� l��blic Art �'rm��a�� i�n�rr� �nc� l�c,�i �r�ist; � F�iicia Leoanar�, �ar�s Br l�ecr�akia� reprc�senta�iv� aTjc� ��Itur�l A#`t�irs ��sperv�sr�r; ��la C�if�ca��i, pres�dent and C;�'C3 ��'th� �ic�rrv�ter Re�;i�an�l �harn6�r r�f'�o�-n�nerc�; � 'V4�°�lli�m IVl�rris, �;l�ar��ater �arine & Aviaticrra Q�r�ctr�r �nd t�nit�d �iates Cc�asi G�ard ��p, � SY�eliey k��trc��hC�an, Cleartivater I�i�i�ht�ar��cs�s C'��litic�n presi�e€�t �rs� ��ar�cr�a�ani�� r�p. �: `I'lae ��o�ac�s�cf artr�•ark., ��titlucl `lh�irl�3er��' i5 � bl�ii�l +sI't��e iEiany ��c;rne� is�ciicateci i��r tf�e +�alt ta Art%s[s dnc�r�eni. 'i'lie artwc�rk cc��sis�s o�'three can��c�n�nis: a��id��n; �r e�r�hen mc�ur7d; tw� rin�s vf crc�sEled �hel�, a��c� t��c� 6' a�ad 7' t�� sltel�lsails c�r�str��ted f�-c�tr� tligh-gr�t�e rn�ri�t� stai€-�less �t�el. - 7'he eart}��r� �c��a�ad cc�€np€��lent is ref]�;ctiv� c�i"tihe �nicide�t r�o€��ds c€��ated bv thc "�'c�cc�� Ii-��ans r�h€� i��F�abit�� h� "€�"�rnp� �ay ar�a. �}�e T��:�b�� wo�l� crea�e rnr��ts tc� eler��t� t�eir culC�lra�ly si��itrc�nt �tr��ct�ire-s. Ti�€� sliel�/sa�1s, c�i�� Y�;ati�� ii�� ' x f�' (c��z�l) anc� i� x'7' (c:iru�€��ir), are evc�c�tive ot sc�lla� sh�lls ��d it�e b��s��f�� ship's sail. �"he s1�e111sails ^�ill l�e ccsr7strucc�cl oi'% - 113" �-nari�e �ra�e st�€n6�ss s��eE tul�in�,. arran�,�d in c€�r�centric �ircles tc� cr€��t�; tl�e ��;r�en �rattern visible in �n�r�y c�t t�s: �rt�vc��xk r�n�er�n�s. "[`he su��a�i s�i�a �f`e�s�li �irus;[�re svill be �-�'. rn�ri��: �i°ade stainless �[eel pi�air��;. 'Ch� s��lll�a�ls `��ill k�e 1iC at �i�� wlth f`ull spec#r��n-st��f� �,EI� li�hti��. `�"he r�a�terials ih�t w�ill be �€secl �`ear t��e shel�l;s�i]c ar� thc�sc c��" s�n��l�r quality ccs th� rY��rir�e �,r�ri� �tai��l�ss st��;l u�e� i� th� rr�ar�c�f�ct�are o#` pers€�nal �n� �amn�erc:i�l w�ater�:raf�_ "Che .stait�l�fis ste�l will nc�t n��ci re�ular ��ir7ic►�a��e, save fc�r �s�ccasi��l ��asl�i�� r�vitl� rvater a��i ��1ild s�ap, �I"�� st�� I"a si�°en�tl� ��i u,riil res�s� per�ussiv�: �r�nc]�Iisin. �,11 L,�� iglltie�g, ��i11 �Se; a�c:l7s�i~�ci :��d/isr �r��bedd�d �s� �h� �r�cr��i, and the cc�n�r�l bo:� 44�i16 �r�: Ir��tec� �r� � lerck�c� v�r.�li ac�ja��:�� ifl �l�c s�La[pture sit�. � � � � � 0 � � � � � 0 � � � � � 0 � � � � � 0 � � � � � 0 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 Award the following purchase orders 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) 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 proj ect budget to recognize a $25,000 donation from Clearwater For Youth (CF� 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 Support Corporation (LISC) to help construct Phase II of the project and on September 4, 2012, the Buccaneers Field was officially dedicated with a neighborhood groundbreaking 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 L 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 order for CFY to be reimbursed by LISC, a standard AIA A101-2007 agreement between the City and CFY and 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 Comments: Increase CIP 315-93629 by $100,000 from grant. Current Year Cost: Not to Exceed: For Fiscal Year: Budget Adjustment: $183,845.06 Annual Operating Cost: $183,845.06 Total Cost: 2012 to 2013 Yes -0- $183,845.06 Cover Memo Item # 11 Appropriation Code 315-93629 Bid Required?: Other Bid / Contract: Review Approval: Amount $183,845.06 Yes Appropriation Comment Bid Number: Bid Exceptions: 20-12; 25- 12; 21-12; 23-12 None Cover Memo Item # 11 ��l�t}��;'C" �C�C�:�R��i�� 1Yi� ��q��i;�� w��t��°"b i� ��1�� 3 ��t�� :�� =��r�� `� --- ��E I ., E��,-�� t�� '��°� ��(' C`I�i��ry��kz��r� ��1�-��_ �� r��t�� ,x��r��i�-r�� t�� ,�� $�` ��4�r�� 1�t� .��.��.°'t :�r�a.� C."C�:��r��r��:.z° t�,�� `��th� �r��v. �;t�� "f'�,�v.,'t ��<��-� ��ti��t�, ��=�:f;�r��<�� =�W��:�� c� #��k �._ .��F��q, �� d;��:��' �4; ��,�: ,�I�t�ri��.4..� ��. � � �'�� :�-�`�K �_ 1�'�j. �� -��:�i�t � �� y ��=7.��a��E,i��, �.� ��°:I� �� 1��°�� .+�a�� ;�;��t�:r��r�itv ��:��.�� z�� t�� t1�s::�t ��t�t+�°��t�� t�xl� ��`i�:��_�� 4�� c��.��Ei� �. ::��t�� :��t��,�, � ��€.�,: ��;�g� �� 1-°s�°�, t�t� €;�ie ��,�3 t:'E� � I�z�� c��-��ti��7�1�� ~�t��t¢��:t�� €.� �t�� c� � `� �� z ��:c��5 ��_`�-��a:��wxr�'�a �:��,° �Y�`� ��c��:°�c� �� w�r��c-�t i't�� -�� ,c��_�� it��;�; ��a:�� i�r��t��:ic�� t�� r��..�x�t, ��:` ��C��;�,�.:1i��x ��'k�' ��.e; ��.r��s��t�a��a�� rsl� �� 2��.��i��c: �� 1� {�i�� °4��-��.X=�,�.. t�� z��.��.�� Lt��l��r°�� r��°�z��:i ir� ��i�it ::� t�t�<�c��,v�� d> <:tr�4i i��:�es��y<�i�c� 1t��t�� <.�� i1�e: �"�t��-��:�4 ��'e��:�'�". �;�t��s�� '��r� ��-� �}�� i�lr��°��-i ��W��,�<� �.��-��r�rtp�, <��i ��`�-��.�.,�"�`�� f��:,° ��`�� -��t3�� f}f�z��{�� t��1��.� ��;� ��c�� tt� � ��-�i�,i��.��s� ��s�`t�� c �: �� €:s�i `� �'�i€�,��C�: ��t�� i_��, � t�� .,�;..�1� ��r�r��.�: ��:�� .�i�=�� fi��r �'s��^� �.,�` `�I��, �xt il� �a��s� ��t� � � � � 4.9'It4�Y��1��kll ix� ��lc: ��I€3j�'ti, �:t1+�� 'w�, Il� i3%i �i, l��iEii��«� , C7��:i��t��", itI'��i� <�S€�� 3�Iik�S2�,�$rk ��°kc� ��l"d.��E:�;�. � • - I'��.��'. 1�-��.��`��R..�e !�_>�` �� i�r ��;€��z�&�t�.�� LLt�� Q�� . ��.��LL��t�� °C:��`�L�lt�t�i��w; �.`�'�31�k 1�1�a_� E�� 't��"�� d�� ?�{,r�' ��t�i�� w';:�C?C� ,.�1�,4� "a"3;��#�"i��: �aD��k.��tw1 ��'C�.. �,�ttW :�c;t'f.'�;�r�: ��Z4.3 ��tl��?� 3�'t7t�%� ��?t ��i�i�� `�. �c�;��G'a��;��t�� ?�, t,.��t. i�� '�z�i�°� �:i�.�a�e�: <��; ��9�ct��: �. ��i��. �}�� ;�N.,`��i�,�� ,.��t��t, �� t��..��w �zr�� r��:t �t�� -�: ��fY��s�.��-��t�� i�� ,�� •� c��`��at� .�� rl�. ?. � i-�� -�_�� . �:�.. fI l�� z-��j�� Il c,c��,i�� tl��: �:��;Ct'�.�� t��t �A�` <� ��t��t��a�� ti� �� t �w�'�:4�Cc@' �..i. ��t:z��"�� 9. ��.'��fi'��. ��'. �t�°�`t�ka.��t1�� tf�� '��li�� +�,,, ��:;�ldi�jll��.. it�,3�, ��i}$ �t��`�1�� Ew;.. t�iE w�?`��tS�.at`�w .:��t�, �'��, �"�di�i�l�1a� c?91�� I��i� l��fn. �:;. �� az.�� . �� €1] i��; �r��,_�� g, t�,�u � `�t�w ��1 i��t`�.'v„�c'�� ii`� €"�'t3']litfii_��;¢C°� ��'�+3T ��li k.�I�`�` ��t t"C�� '�k"iy�lu,},�I i'k a�:}ti'f�r�'�!'�1'�,'� j�i'{�C:�€3't�i��€C�fi�a ��"€�'rt,, 74'r �"sii�.� �:�,r��3��°�� ,�,�t�t ��.��i��.;��1� �'�<.�,�� z��tti=, ��r t�:�a,� i:��1��{=; ��7c� ��E��i��%, :a� c°�r��t��::��-i, ��x��E��°�� .��fi� �.��;�:� �_>r��°+�t�. 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( 'a � � � =� �� :� 35' -� � � ��= ` '��z�� a �� - � = `ua r i.. � � a�� _ r. w e rt n tz L3 � —� F— �� i 'ya i n; _i � � �1 _ � � .:� � �, %' J 1 7 t y � � � � �'23 � � .,� Y �5 m .��+� O� . � i � � � r� f5(({�� . �Yf\..� .�'j,� . __ J L$" � � ,.. �� s �� „ £� n � � s i i �� £ .'"n ...... I., b � �a E � c � � � r� � �_�� 3� ��m � �;..� �� w � , �� ' in i I � x �� Y �� : s3e i �� t �$� � �� 33 3cRr � �� i� � I'�� p �� s ,. a � = � ,.., y Y R � . YJt . �� $ v " d �� na � � �� 8 � � �� a a� z ;� � $ ^ � �# ` � � a a �� F �g �� $ �� 7�� a�s �' � d � a �$ �� % � g � � �s �� $ �� 5 r�� .. �.:s �� X� K � i- �� f �Ig�� t � • " �� . �i �� "I�5 � � � € �� , `� 4w' � �i ir i v � � � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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) 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 far hiking and equestrians within the Lake Chautauqua Nature and Equestrian Preserve. The City Council approved this grant award and agreement on February 17, 2011 and formally entered into an agreement with the State of Florida Department of Environmental Protection Of�ce of Greenways and Trails on March 10, 2011, DEP Contract Number T 1021. 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 �scal 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 program volunteers and existing park maintenance staff. There will be neither additional FTE requirements nor additional operating impacts for this project. 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' �'= '=' �; � E � `�, —' w`.s �� n t ;� � �` '� �[� r.: rF Ck7 �� r�5 ,,.,,,.p. =J �� '�:J �1 L. R � t� � r� . -- ti � 4a E�� (✓,. ['i —� `"a {;: � �n�., � t� �k {� ( �., :.� �) ;�_ � _.� � t �.. i � .,1` s� 3 £'� r"} _�^„�. —' 11 � �.x � (.'r � t,� ,[i � �4 �, . � �� {�_ tir w�. . " ,�� rr� ...� �h! .r.y f� i ,..wr � {�i =�? fl.�� Cw'... �!' ,� �' �a il �j. _� ~L"F l.:� �� M� � . 4. "t "' r t z:,:; _ . �� _,`; '.�.. _'3 _ '�, `� �� . �� ;� +� � � � �, � � (�! � � y, -�. �, � � .�. e r .�� rj �� } + �.i. ,� f�, 1 ' �� ? r. �, C , �. �i 4 1.. r�, � � ��;... r^� k % 1-; u G} re' (� P t � � t 5 � �•� � � � t�i > � _ CtF `� i W �" . �; t y� "7 i '( ) r�> `i� �J i�, a � � � t ;a �.. l J �.. —a -°o- r� e � 5 �; x (� C. `Nt t f� . ....,I City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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�ve (5) year agreement with both the Boys and Girls Clubs of the Suncoast, Inc. (BGC) and the Martin Luther King Jr. Neighborhood Family Center, Inc. (MLKNFC) and the City, from October 1, 2011 to September 30, 2016, to provide recreational, educational and social programming 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 programming for families and children in the Clearwater area in terms of resolving financial adversity, unemployment, child maltreatment 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 Ciry. 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: Cover Memo Item # 13 � � � W � �. . �h�i� ��c+r�d ��r�� i�r�t ��r��+r� .��r�t d�t�c� ��r�b�s� �, :�U1'��, (`��r��'"� E� ��r�� d �� i�tc� �r� . ��E`�, ��r �r�� +r�� th� ��' �� C��A,�V��`��„ � w�u�rr�� c��rp�r��r� �f �� t�t� ca� i=�i�ri�f�, v�rh�c�� d�ir�� i�: �t�r�: E�� c��! k��r��f��rs �kr��ar; f�,�. �� , ��Y�+��r, �� 3�i�� , I�.�r�ir��ft�r r��r�F�€� t� �� fi�� t�r" �t�� 1�€�s�� E_��r �� Jr. ��#�bc�rhe��g� ��il� ��t��, ��,� � Fl��id� C��f-��¢�� ti�ar�, v��,�� r�� i� '�� .�� «�, ��°, �� x ��r��fs�FV ��r�� a �� `fi�L��" F��, �r��^ �,�� C° h,�4�� r��r�� e� ��°�3�3c�� c��t��€��r��, r�•,��r��l ��' ��It�a��l ��a�°�� ,�� "��-��i �c�� .r��3c�� ;�;��1�:� �"�'�r��"�, ��r�� . ��r��r� �u�� g �c. A�t�x�.. �k��r�t��, ��, �r�� Fi�€��, ��.�C�F� %�� F�� s� ��p��s��at�3� �� r� f�� r�� :� �,?�f��r� t�� ? ��r�� t1��ir ��;�G��, �� Er� ��4�i�� 4��-„ �� :y�rn��t, �r°��' ��, �r�L�� v��,�� f��r��:� �t� ��r�r€�� y� �r�v�c�i�� r�i1� ��a�� +��aw��r t� ��i�� f��i�� r�� h;��r�� ir�t��r �i�� r��a� ��rr�il��P�� #��r�� Fi�l��, t�� t� i� �r�� t��r� �f �� i�� c�ac� ��r�� t� ��t ��.€��'� �i�� €� �arc��` t� ��c��?�� .��r��r�� c�r �h� ��ra�� I�t� , ��+�F��€��, �� n�€��r��r� a� �f�� rr��s��l �e��r�r��r�� t ��h N��r��r, �� t�� c��3 �r�d ��I�a��l� c��3��€��r��r�, �I��: ��.k�a� �� vv�� r� }��r��y ��c��l��c�, �� i�� r�� 3lav��: �. ��r��gr��r �; ��c,��}�� _�� r�� r��i�� f�� r�f ��di�� <�lv� �r�l��':. Li�� . �� r�� f �� €��i�a�l ��it� ��# ��li��tic�� id�d f��° ��r�i�, i��l�d�r�g �� d�rt�c�r��E ��v�� e ��3d�d �S� �� 9� ��a�a�t V"V�rl��r �� r� p�rti��si�rly ��t �� v, �1L�C��"� ��r�� tc� �a�� r�� t�� C::�t� �c�� t� �� Gi�� F�� t�� c��v� C�� r�c�rr��t, ��c� thrc��gh��a� �� rn��r�d�r �a� th� fi�� fi�� , i�s t�� s��a�€�� c�� r�y ��a�a�a�� s��la'�r� (��C�,f��lE�� r �e�r ��y�k�l� �r� e��i��t�r�� p��rr��ts �f ��, �i�� r�� . � , J�ri. � , �,pro€ � , �r�d ��.��;� � f��. �� r A�t t�e �r�r� c�f ��;k� fi�� F ��rrr�, �€;� E_��r�� c��t�r� �c� ;�f��a�t ��kal� c��r�,c�� ir� ��r�� '��€�� c�� fi�� ;��t �� a�r�t�r�� f��it�, �C}�� r��ai��i�r� �ill ��r �� I�i�� i o-�� J�.�� 1=,r �f ��;�r� �t�' �� f �t�� i�� -. �. F'��r-�� , �� 'r��r�� d �� k�� .��€�� ,t��rr� �$�, �@�� d� �� t��i�� t�� °��9 �t i�� ti��: ��3��r �z ��r�~�� +c°r� �f�r�� rt �rs��r�� ri�� c�� c��il�� °� �� r �r�� u�i�� r°��c�i'�a�i�� r�s�l�r�� €�� r��1 ��t��f�, ��r�€�rrrpl�a,r��r�t, ��ri�d rr��tr��r�t; �,nd i�� r��i�� c�� t{�� f��i�� it. T1�� i�i�r� ��ar��l�� k�� i��}��i ��6� ��t�:r'� �f��f�r��'� ��rvi�� ?��rr�� i� ir��re�� t�� r�t�r'� ��r•��y ��r�#�r �� `�li��i�r� �e� �r��i�4� ��r��i�� s��° ��i�� r�€rl� ��r��f�t �I�� r �r�� r��ic#��i� T�r� ��t��a�� r��r��l� f�r ��r�r�� rr t�� r�� c�� r�r�tlr�c�, ��i�� 1��rr�� r� ��1� ��r� ��r��, �ab ��i��, c�� r�c�rr�i� ��ri�� i�r��i��, ��d ��r�� `��r�� r��. :�. ��I ��r t�rr�� ar�c� �c�r�diti�rw� �� h� ��n�r�� t��lf r�� i�� ft�r�� r�c� ��c��. �� ` �� , �p�� ?�rti�� x��t�� h�� ,�:��r��r�r��€� �� u ��'; �r�� f�r�� c�� r-it��r�.. 1�A�`� 16� l��1�6� I�li�l�, ��. P�3�1�1��i��:� ��(�� F��.�, �h��:�. �� .��5��. �;�,��?ii�^� ��rf��. ��r��r��r��: � �c�r�� . �r�i�� ;��e�i° �� v�� ;� �� rr+� i �.�� .��v�� c�r��' �,��i�t�r�� ii� �t��r�� W '"��°�`�✓" �°�° ��;��f��4��M�`��?, �m�_� f��`�� : �`�J��'a �. �c�rr��, �� i�� r��c�� F�€��rri�€�� f.��Ci �"ity �I�r� City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 Approve a blanket purchase order to Mid-Pinellas Umpire 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) 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 their services for an additional year under the same terms and conditions of the original bid. This year Mid-Pinellas provided umpires and officials 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 Approval: Cover Memo Item # 14 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 Approve a revised Standard Agreement Farm 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) SUMMARY: On February 7, 2002, the Council approved a Standard Agreement Farm 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 for the citizens of Clearwater. These groups are known as Co-Sponsor Groups. Currently there are 11 Co-Sponsar Youth Groups that are 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 with the Co-Sponsor Group. The revised agreement clarifies the roles between the City and the Co-Sponsor Groups and provides added protection for the citizens and Clearwater by placing clear expectations on the Co-Sponsor Groups. The agreement covers areas such as certi�cation, 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 Ciry facilities. Since there are so many Co-Sponsor Group agreements to negotiate and approve, staff is recommending that the council continue to allow the City Manager or his designee to enter into these agreements. 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F��-��a��:� ��d �r��fi �� a�� r��.� �r��c�� F�c�� r; h�c� c��31ir�� c�� rt�� , � �� ill �� d �� €�� t�� ar�� r�� s��c� �� . �� r�� or�i�l �� c� ��r��s�� r�� t�� f�� c��r�� "f�� a� �� r�� c�e�� h� ��r�� .��t�r ��r°�i��r, �� t �� , � ��. � � � � �� I� �� f �� S��r€�� r � ��i��l�� G� �� i�°r� �� r�c� �;��. ��cait��1 rc��„ s� ��k�l�, r�� k�� s��1� �� c" �._�°t�� ' ��r�r��r. � ��`-�� 6r��r�;�� `� ��E�� t� �� r�r��°�� 1�ty� ��:�r�� r�� t�� -��E��c�r�� r��. } �� ' l �_��a-,Y,,, s � , � � � � � � ,; � �, ��r�v��r �� I�r� ��ll ��r��i� �� €�16�v�jr��: �� r� �`� j �� a��€� �i�l ��°��i�€� t�r�� r��`�v �i��r��a��i�� t�� : ��r� ��>�� "�r��: �ii,��1 ��r��ic�r� �� . ��r� �� ,r�� ;� ��t�r ��r�'�� 'p ��v�� F�� r�t�: �� c�r��?�i�� ak� �� r�� : �� I� r�� c��:. �.� ,�� r�� r ��I� ��d�� r�� ;t��l �� .�. ��r�� , �� F t��.arr��, ��r��. �� vi�� a��. �� : �� I �� Q� ��: �� r�� h��i�� ',��: %�� ;��9�, f.�_ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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 amount of $242,682.59 for the modification of two parking lots, which includes alllabor 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 adj acent property owned by Pinellas County currently used for County-employee parking. 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-connection 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 proj ect 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 construction inspections, engineering assistance with on-site 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 11, 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 property within a Right of Way and Utilities Easement in favor of the City. Sufficient budget and revenue are available in 0315-93623. During Construction, County employees will be allowed to use the City Hall parking lot. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $242,682.59 Not to Exceed: For Fiscal Year: Appropriation Code 315-93623 Review Approval: $242,682.59 2012 to 2013 Budget Adjustment: Annual Operating Cost: Total Cost: Amount Appropriation Comment $242,682.59 No $242,682.59 over emo Item # 16 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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 form 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 terrorism. The task force will promote the responsible sharing of anti-terrorism intelligence and investigative information gathered in Florida with federal terrorism task forces as well as with state and local law enforcement. Each agency joining the task force may request 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-related 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 # 17 Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: Other None Budget Adjustment: $ 0.00 Annual Operating Cost: Total Cost: to None $ 0.00 $ 0.00 Cover Memo Item # 17 il� ��.�� ,M �. :(�� :'�� R ��w _ . � k. . . h . . � . � .� � .. � � � . . . , . , � �$ .. �� .��.. � .. �L � �.L� Yl � $s� Y �.,�.r4J��Ci� s Y...�Y.�B`�.+ - � �� &�'�� ll ��i"'§lA.T..t C'�.�� HI. �� EY.G.�.Jr% g.Jx�A.e f�� .9 9�` 1�',E��1C� d �� 1'�E�� i�i�Sl�.J� 1,�� y,Jl%ltk��.'9��i.�.�&L�� dr�.dJ °� ��.0.�� This C[az�tbin�d �'t�i�.a.��t�ay C�s�speratic�ra ��ad �Jp�r�tiar�al �.ssasiaa�c� iL"I�tu�i Aici A�r��r�e�t ar�d Pvt�inorarzd�r�. �fi:ind�rsta��c€in� is e��t�red irtto by ana k��tw��n :1�� 1ac�c��v ti ��s�r:��d law� �nf�rcer��nt a�en�iesq Fn �.arC��ance nftk�eir r�sp�c�ive �uti�s vrs��r 1a�r, � E I�� i�n� ��e��a� °' � Fla�id� T��p�iti�ea�'. c�� La�v �n��rc��eni Hi�l��t��h C��ty �heri�"t`�s Jf�c� Piza��s Cc�unt�+ �he��'s �f��w Pca�k ��u��y a��ff's ��c� I'as�c� �;��ty ��erif�'s �f�'i�� C�ea��t�r Pt��ic� ��aa�ment �t. 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"� a'?. 1. Tl�e ��aclersi��d ��n�ies ha�:�� ,��e�i tc��etl��r to fc�rm � task ��r�e {f�e��inaft�r r�f�z-r�d t� a� t�� `�m�a B�y Re�icrnal �7�rn�sta� S�c�ar�ty °Task �`��c� ar "R��TF"), wit§� i�� ;��i��►cipal c�p�r�tio�s vrithin �� FI7LE ��snpa Bay c��eratics��1 re�i+��. �, �"C7I �'1.1I"�C3SG'S L}� ��"I1S c`��;TE,"�.'t:1�$°�$� ��1+° ��IY�S "l4'I'1'fJClSt�€" �tlt� "$�i'i�7'�ii" S�i"d�� f: ca�s�rue� con�is��nt �vith tl�.e �e�r�it°rc�n ��t farth ir� ��ciic�n 775,3Q, �lt�ri�.� St�t��s. F�:rs�ant tc� ��tira� 94�.�3 t�, �'l�rida �t�tutes, ih� duties �f tl�e k�1��T�' are tc �e �aerf�?rr�ed s�t con�uncii�in wit� �'I�I.E and in�lu��, iaut �.re ��t li�ni#ed tc�: a, a.ssFstir�� 'D�,� and the C�7�e� �f �ar�:ests`c �ecurity In.itiativ�s in th� �aa�tinu�d �ev�Ic�p�ae�at and ir�s�a��rn��#�ti�xa c�f t�ae vtatewi�€� strat��y t� addr�ss prep�ra�iaia �rd respc�:�s� �f��t�s h�r f�d;,r�, st��e, and ]�cal Iaw �nf�rcerne�t ��encie�, �m�r�ency �n��a��er�t ag�:�cies, �'ir� and r�scue dep�m�r�ts, fust�r�s�:�rzd�r ��r�c�nnel �r�d �tl1e� s in c�ealsng vv�th p�tential or a�c�u�! terro�ist �cts within �r a�`i'�cting �icarida; b. s�rvin� in at� �dvisory c�.�a�ity ta ��7�.� and Ghe C�a��f e�f I��at��st�c Securiiy I�ati�.i�v�s; c, ��c�rda��t�n� e�'�orts t�r ��anter t��°�ri�rr� anxt�n� �acal, state, �nd ��d��•al r�s��.rc�s trs ens�re tha� such e�'�rt� ar� n.�t fra.�rra�nied �r u�r��essarily dupJicat�d; d. �c��rdinati�g train�r�� f�r Ic��i and st��e per��nn�l t� ca��r ��rr��sz�; e. c€��r�sn�t�ng t�� ce:�lection �zd �issernin�t��r� of 'r�vesti��i�,�� ar�d int�lli�ez:ce ��fortr►�tia:� s �: �`�cilii�ttir�� r�sp��rse� �� t�rrnrist inci�l�:nts wiihin �r �ff'ec�.ing tk�� reg;o��; g. ��.rt�cipaiir�g it� e��rg�n�y r�s�ac��s�� terrarist incadents; h. ��iu�tin� csriminal in�r�s�i�ati�n� �f, �r reiat�d tc+, �laran�d, sttsp�c�ed, a�C�mpt�t� c�r aec��l terro�ist incit�er��s ar attack� ar �c��iri��Cioz� ta cvrn�zi�. such ��ts; i, ic��ntify�r�� nc� sei�� t�rr�ri�t-retated �ss�ts tix�t �re suF��t ta farfe:t�re; j. i��rc�vin� Flt��da°s ��lity to ��te�i auad pr�v�n� pote�,tial terrr€�r�st thr�ats; �, f�ci�itai.i�ag �a praz�t�tzn� c�ng�ing securit� audits �.nd r�xalz-��rability ��esssr�e�ts �� prc�t�ct criti�al in�ast�uctur�s; l. �s�istir�� D�.E in t�a� cr��rdinatir�n af i,��w en�t��°�r�ent di��ster r�spons� t�� d�.�a1��Fr��rat in res��as� tcs ierr�rist incit��r�ts; m. s�ppar�in� �h� purcl�ase, �:� �rc+�c�r �qui�ament fi�� public s��e�y �rst-respc�nders �nd �zsaster ��par�se te�ns �r�thin �he I�?5i'�` ��ics�; �x, iran�arnvin� Fl�ritia'� r�sp��se and r�:cea�v�ry ca��.bil�ti�s in d�ats�g wit�a p�atent:� r�r r��4 terra�z�t in�ide�ts �ar ai��cks; a, ga�z�v�i�z� b�tter publi� ��w�teness caf �� s�spicXCS�as �;�fc�rn��ti�n �r ir�cide�is r�ay b� x��arted �d ��w ta r�sp�zad sh��al� an �m�rgency re�at�d t� a t��x�ris� t�sa��ea.i d�v��ap� and p, �rarr��t�n� ar�d assurin� �withir: thL IZL��'�`� re�i�r� t,�i�: respansi�i� s�bmissi�n �f i�f�arr�ati�n t�, an�. �.�� ta#`, th� �'lt�ri�ta ��tr�e�tic Se�urii�� and Cc�un�er-T�rrcar�sa� I�.t�1lig�s�c� C�nt�r ar�d t�e �°larid� l�csmestic 5eeurity ar�� Ccaunt�r-`�'�rr�arr�sm TT:.��talaas� ��t�biis�e�i c�vifihin t�te �'tarida I.�epa.rtzn��t �fL�r�v IEnfflrt;�rner�i p�rsuar�t t� ��cti�n ��.L732P, �'lorzc�a S�at�te�; �. ti�t�rkisi�, in c�rr�junc'zn� with �I��,�, t�� Qffice [af ��x� Attc�rn�yr Gezaei��l, and �ath�r �ut��i� �r �ra��fe ei�tz�ies, tr� en�ur� tha�ti h�te-dci�=en �cts a��rn�t �fhnic: groups Chati r�.ay k��ve �een. �r��t�d � a�sutt c�C acts a�" t�rrtarism ��z �r atfe��in� �'14r`scla ar� ��pr�p�a�el� inves;��te� ar�d r�sp�n��d Yc�� ti � � � � 4. 1�� u:��er�ig�,ec� agencaes, as the 12�7�T�`, a�ree t� utiii�e app��ab1e state a.�d �`e��r�l l�.�vs �c� i�rrest��t� and s��ess�ul�� prc�secut� �ria�in�l �as�s and t� �ursu� apprt��z�i�te� �ivil �cti�ans agaiz�st th�s� in�olve� irz crimi��I ac#s th�: a�-e, c+r are r�late� t�, i��r�rism ;n ar �therv�is� �.:�i"e�tir:� Flcsr��. 5. �h� �ub�cri�in� saw ent�rc�rra��st ��enci�s a�e �� 1c�cat��3 �rt relat��n ta eacl� �iher that zt is t� t�� a�ivanta�� csf �a�I� t� re�ei�•e ar�d �xt�ra�i �utua.l �id i� th� �Qr.�s ��` Iaw ��far��r��z�t se�-vic�s and resau�c�s za ad�c�ua�ely r�sp�n� ta: a. ��t��ui��, multi j�.r��dicti�nal �rirninal aetiv�i�, s� �s tc� ��ra�eci zl�e p�blac �e�.ce axad s�ffc,ty, �d preseive �lxe liv�s an� p.�p�rty �� -i� citi� en�� nd, l�. ��t�n�iv� �i�uatians, ancf��in�, ��t �ot timi�e� tcs� m�.�tr�ad� �:s�s��rs �� zn��-��a�cz�s �s deiineci und�r s��fi�ri 252,�4p �'lorida ;tatu��s; � � Th� �n�e:��i�n�d ag�nc4es la�r+e t�� auth�rit� t�ntier ��rt l, Cha�ter �3, Flarid� � �tat�a:es, "th� �'1�rida ?V,€utu�al Aic� �c�," t+a ��ter i�t� a �c�n�bined mutu�I aid ±' �gr��tn��at f�;r ia�r enf�rce��era� s�rvi�e �vhi�h ��rs�,�t� vc�lur�t��ry ec��p�ra�ic�� azad a�s�s��c� c��` � rauiin� Iavv ��.f�r��mer�t n�tur� acz��s.iu"isdict��ral �ines �-kd prc�vid�s ��r r�nci�r�a�g �af �sis-ta�ce is°� � I�t� enfcar��rn��t �rn�r��cy, �i �� in��ni o�' �h�� s �ss�� t�� catta��a�a��d ��ti�sa�i�� f��-�� n� ��n�s �� e��s ��d �'�� °��at��:� ��f�r�-��xrte�f e�a��p�� by �� A��a�e�t �n�i �� a�,�c�r ��w� e�af��e�a�� '�� [� �&h� is� �t� ��a� �y j��s�i��i��a�i ��-��sa Ta ��acri�� a� �+�i��at�$v ��r��r��a, eaw�a �ai �17e afar�sa�d taw en�s�rc�rr�eni a�ez��i�s �e�'��y apprc�v� and �nt�r ix�f�a i3�is agre�r�nent wh�?�eby ��ch vf th:� s�eraci�s a°nay r�qu�st ar�d rerz��r la�u �i�f�r��rn��t as�ist�r�c� t� the t�t��r in �ealin� vrith �y �iol��in�� o=' F?�r�d� stat�te� pr�rh��t�ng �ctivitp thaz cc�uld be ��nsiclered acts c�� terr�rz�z�a �r �th�r��vis� re��t�d t€� t�rFc�rism, �cs =`.n�.l�de, %u� �c�t lizr�te� tap ii�v��ig�ti�ag �i�iatic��s saf �ec�ians �`�f�. � � 1 �.�t��: ;�{�d�. r � 15 -7��7.165 reP�tin� t� �orni�s, desi�c�i�� d��c�s �d ho�� '�c�mbs; Sec4�an '79C�.166 "��r�factaar�, PQS�e�sic�n, aale, ��Iir��r;y, Dis��a�v, L'se, �r Att�mpt�� r Threate��d Use s�f a Weaga�� f' Pvlass T��structi�n c�r �VG�/Y. Y��v4:��13�. i1j, J„Vj.[y�� $,d�w]CRi.tieC&.4JE1�p} �.A�VV�k'W�. �l+St.l.�� LQ�A��!dii� �114i'kry��'� ��O.aILVA�I�� 87�.��-�'�E.31 "�ulaverszve Actirr�tie� L�u� ; S��tio�� $76.37��7�.51 `'F]arid� Sab�ta�� Pr�ventiesn Lati�'"; h�mz�i�e; �i�d��i�g; �TGU; �°t�ne� 4aun�erir��; �tiern�at; can.s�airacy; st�ticit�tion a�s;.d accessary af'tc;r 1:h� f�ct. T� ��-ov�d� %�r r��a�a�:�� s��e, e�c�r �rf` th� afo�es�id Law ��f�rcem�nt agen�i�s h�re�Y ��r��°r�v� �r�c� �nte�` i�aica Chis ��r��rneni k,�h,�re�y �ach of th� a��lcies r�ay ��qti,�s� a:�d r�nder ia�� z�,f�rc��ra�nt as��s��nce t�a tYt� t�tPxe: tt� i�clude, bu� �at n�c�ssaxily �� limit�d tc�: terr�rist att��ks, canspira�z�s t�r ��Iicit�ti�res r�lated i� terrc��iszn, cc�nkznt�ing tea-rorzsxin pre�e��tiara an� ir��lli��e c:ff��t.s, i�rr�risrn-r�late�i l�w e�:�earc�m��t em�rg�nciu�, aircr�fi disast�r�, Cx�s, �nc� incid�nts �equir`sng �atiis"��i�� rf specialized units s�rch �s iat�mb dis�osal iaarzits cr s��cia� vv�a�ons az�d t�cti�:s ��its, �, �I'h� I�aTF` will praz��t� t:n�: resp�nsil�le sharin� �f a.rata-terroris� �r�tellige�c� azxd investxgati`ve iza%rm�:tic�iz �;�i��red zn T�iorid� v�r�th fed�ral t�rrc�r�s�n fiask fc�rc�s as ��elf �� stat� and lc�cat Ia�v ��-�f`�rcerrz�i�[. I(�, The I�.i��`� wili enccsurage ��aperatic�n v�ri�Y� �'u�lic� F��alt� c�mpor�e�ts in ��r��ir��d cx-i�:�� nt� epi��i�ira�iea� in�uestigat�c�ns. i 1. Th� �I�STIF wil t par�%cipa�e with tl�e �t��wide, �t,t�ti-��eracy avcrs�ght b�are�, cc+nsi�ii�g a� r�pr�ser�r,��,iv�� t`rc�m �`7�LE, �"�orida �t��riffs3 ar;d Fie�rid� Pt?lic� �ha:ef`s. 1�. I�c��i�g ��rein s�!a11 at4z�r�,?�� ii�x�it i�e ability c�� articip�fii±�� I�ST€' tnem�s��s tc� pr�v��, as p;�avided l�y c�r �tl�a�r�d t�y l�w, su�� ssEstan�e �� ar±y enfr�rc�ment acticsr� ti a� rr��.� be �a�1F�11� rer��sr�� ay �. law eraforceanent �f�ic�r 17.avir�g ��rzsdictiaz� t�vex �sa � i�cid�:�t, criine ar rraa�ex ��er �aaasic€eratipn, �r �.ss r�ay �� a5aikzc�r;�� y an�� th�r � 1��3�u1 ��r�;�rner�i invcr��F�r�� r-iis��s�tin�; ��ncy. � � 13. �"he �'sx�C��s tt� �tiis A�ree��t �r� cnn�r��autin� p�rsc�rz�e� an� re��urc�s in s�ppQ� c�f t�e �T�" ��°iar�s, �+it� th� cap�ratiar�s �� tt�� Ri3ST�' b�ir�� co�rdix��t�� t� F��,F' �.rkd �t��r R.��T� rneri��ser�. `"'t,�i ';j�� 'a�, �� ,t �� i�r�i �ttG��!< �� a �1:�3 , ��'�c�r� a�s��rt�d t� fi.L�ST� cr�eratians �ursu�nnt tc� �k�zs ��•eenr�ent s��ll b� ernpc�wer�d tca r�nder �nf�rte�m�nt asskst�.nce �r:d t�,ke es�f4rcement �ction fn acc�srd�nee with th� t�w �nd �� t��s c�f t�is A.gr�emen�. ��c�taora r�f t�azs �gr��nie�t �nd �.�n;�F�ued p�rti�cipat�c�n by F37�� tl ts�� r�r �nc�r� d�I3�T� rr��rnb�r° age?-tc��s ��atl �onstita�t� � �ene�`�i r�.��pr��al, ct�nti�uin� requ�s� �flr �d ��-aa�ting c�� ass�si�r�c� l�e��veen the rn�m�;�r� c�f �h� task �`�rc� �h.��h� shsl� "�� cQn�id�r��i authc�rized in �cc�raazzc� wi�h ��e pr��ri�i�� af �h�s Ag��e�t� l�� d�iti�n�;l �r spe�ific ��x�l rec�u�st f�r �ssis�ance is r�;�ufr��. ��z�a�d��, �� r�d �� a�� T�� rrincipa.� szte nf ��"�' �ctivity shall b� th� �l�L� ��i�nai a�s�ratiar.s �en�t�r, l�eate� �t T�rnp�, �'lc�z�d� c�r � d�sigl�ated �if siti� l��atic�r., '�l��n �n��g�d i� R]��TF o�erati�r�s t�at �av� b�e� a�pr��r�d b� �:�r� �larz�� Depar�rn�nt qf L.��+ Enforc�rra��t, as c�b�z��rra�l�t�ti by tldis A;�r�em�nt, RI��TF rr,er��a�rs �.hat do ��z oth�r��e k�ati�e jur"rs�ic�ic�na� �uthr�rity sha.i� enjr�y fu�l j�ari�di�t�c�n�.l auth�rj�y anyvaf��re in ih� Si�te of ��c,��}.�_, ��1t��i��:�� p�ncipa�iy �'c�ca.zs�ci ��r�t�in th� �'egic��, �vitk� #'uli pr��v�r l� ��arce � 1��•�e� �a�nrs �:nd ��!�al �h�xr�selves �i"tk�e pr�rj�sic�ns �fthis A�ree:ne�`st. �. �'�"� m�rr�6ers �p�rat'tn� auts�de th� �urisd.ic�icsn c�i: tl�e'tr ��encu �1-�a11 �c�t enjcry �atr�-j�sd`zcticsn�l a�tl�,c�rit� as 1aw �r�f�rcemez�t t�f��s unless �n��r� �n ap��d I�.�:i�T�' ac�i�iti�s as ��ed �ereiia. '�`he ��a��i� �c� ��x�� °��i re��n�� a�� a��y ��er��i�x°a ta� ,g�r�i�r��t��l ��i��a ��y�a�d �%� b€s�a�� a� i:��a� ��pl�y�� -��a�a �� thi� ��-��s��r�� f�� o��°�1� ��ap�r�as�s�� d ��¢��°i�y �� tt�� 'l�a°�d�. ��5��°��i o� �..��s� �rafa��t �s �t��d �� h� "�� 0.Rd'�..9 ��G,� ��.°�.i# �t�rs�ar,t t� '�ection 2i.t?7{1�, �'�tsride. �t�tutes, design�.ted exnplc�y�.�� o� the t�nd�rsz��ed .P��i�cies p�rti�ipati�g �� th� �.iJS"�'� sl�ail, wh�n e�g�g�� in �ut��rized �nY�t�a� ��c�p�ra�ti��x �nd ass�st�ce pursua�lt tc� ��is Agr�ement, have �he s�m� p��rs, ci�,aties, ra�hts, privil��s �nd iz��aYUnitaes �s if` %h� ezarap�aye�e� w�ere �er�`�rrmi�� d�ii�s i:�sid� t�a� jurisd��taern in w�,�� t�e e�n�lcay�e is nt�rr�a21�� tnpl�s�r�d �.rad emp�w�r�d. �i �� , � r,,: ii� rE �r �� :�,, a i�:i ?� . � � .� �i Iw, � � ��; " �i � 1 �i i �. . A_ t ! + .1 � �, A � ' � . � � P ! � �� t 1.i i il s . g' I��; �� ' 1� i U. ' �' .li �:M: �1 �; ( k'i' <f�� B' I", '! ;1' i;�i i�t sf. � . �� ;� �� i� � i #� . � .f +I i. �: ' I F i � }(�9 xl � ��`° i�I�i 1�i1� i ,i'�, �1 ili �� r - t��td,i � �� ' '� � i il�: i � : i�� •i'' �_ � �. a .�. ;1� � i � 4 ' fi FN� 5. I� at ��.y time an F'�1LE su�en�i�ar, �`�7L� s�eezal ��nt designat�� a� a��.��r�ris�r ar �s�zn�r�c� d�si�ree deterra�ir�es t�at a:� ex�t`a��erritt�rasl Rl��"T'�' t�p�raii�ra sha�.�ld b� �et�i��, s�ic� �p�ratic�n <s i�s be �raz�sptly te�rrxziai�ted �� a�nann�r as��tring the s�et�x �fal� �nv��c� l�w en�'�rc�m�n� c��rs. Th� F17LE RI7�TF super�:sor{s) shall r��int€�in d�c�a�n�nta�i�a� that wi�� dem�r�st�ate t�a� daify invr�l��n��t �f ��hor�z�d persor��el £r�azn par�ieip�lara� �genci�s as pz�c��d�d �y t�e i'a�t��s t� this :4g�e�nr�en� �� su�h z��mb�rs ar� in�+c�lw=e� � e�ek� R.�ST�" �pera�ian, i�clu��ng �ac1� c�p�ratia�'s supe�ss�r vr desi�nat�d ��a�er. tNrt s�emb�r af t�a� S�"�° s�a�ll en��ge i� I�D�TF r�lated ac�iir�ities �at ar� a�t�t �pprau�d, �� r��c��.ed +�r c�therw�s� ur�neara,fn i� t�i� �`D�LE F�I��T�° stagerwi$�� d �vla�c�z as•e n�rt t�r:��:�ar��;�� as pz'�r�+ided ��re��s. I£ � ��n�ict �r��s be�z�een �n �r��r �r dire�� ro�td�d by ihe .Ri3�T�' s�a�e�vviscar �n� a:x��rnb�r's ��ployl�g ag�n�y�°s �-ul�s, �t�r�d�rcis, r�r ��licses, th� cQnf��cf sh�il t�� p�orn�t�y r�p�r�ed �� he I�S`�'� supervisar, an� �� th� s�a��rior in t�.�� r;�e�be�'s a��n�y chain c�f. c�mrz�.�n�, Tl�� T�° supe�iso�', in e�n?uncti��a witl� Yhe rne��e�-"s a��r�c� superi�r, shall a�tenipt t� r�solr�� .h� ��nflict ia� � m�nn�r t��.t wi�l �llow th� RT��TF cp�ratir�n t� cat�fiinr�e �p�arc�p�ia�ely, At nv �anze wall a par�i�ipatin� me�b�r be �t�re�.d �� traal�� his,�'��r ��n a�et�cy*� p�lici�s �r {-i.ai�s in �rd�r �� ffe�t a �.�� ' init�ativ�, 8. The Ste��ir�� Co�xn��e� rza,ay, w�th tl�e �p�ra�ral of FI7LE, adopf vvritt�x: �tt�chm��.ts t� tl�� Agr�ern�rit t� est�blish p�r�.i�ular �uad��in�s, pt�iicies, �r �raced�r�s tc� he utili�� by rne,mbers �f tk�� R.�S I'F w�era eng��ed an R�7�T%' c��a�raii�ns. in t�� b��ce �� n�riteen rr:em�rancium ��' �nderst�.ndi�� c�r a��c�m�r�ts th�t modify c�r sr�ppl�nt �'T.�L� poli�ie� ai�d prac�du�°es, t�e pQticies a=�,d pr�c:edur�s ta 1ae �stili�ed by° I�DS`�'�` r�n��b�rs s�all b� �p�Iic�bie �"%��,� p�aIici�s a�zd prc�c��ur�s, �.nd sh�.li b� ��rl� identifi�d ta �II partici�afir� �857°� €�f�cers e�r a�ent� b� th� M�ria�in� �DL� ��per`=is�r in ��r�,sui�a�it�za �ith th,� St�ering �c�rnrz�ittee. I�C�sr�ev�rr, �s �tat�:d ab��°�, r�a �I�ST�' zn�nnber w�il! b� expe�#ec� c�r r�t,u.ired tc� vir�lafie rrr �th�rwise �'�i! tc rn��ntain �h� zn�mb�r's e�plc�yia�g agen�y's st�n�a.rds �f cand��t� rules �rr pc��icies. A�ft�r con�ultatia�a with the 1�ST� co�r�itte� r�a�rra��r�, �`1�L� rrsa�T �-�c��est �h�t a p�.rti�ul�p suFsrn rn�zrt��r esr �u��csr�t pe��scsn �f' tlhe Ri`?5TF na lon�er �se �lln�r�d t� ��fi�ip�te iri t�� T�, C.Tpc�n ��c�iv�n� the re�u�s�, t�e eznpl�yin� agency shali prc��;��ly i�errn��t� said nrx��xb�r"s �artici�ati�n in th� RI��T�, L�'�c�n r%e r�eu�st t�fa p��i�atir�� g�ncy that ��r�r�a �r s�appor� mer��er c�� FI�� r� l�n��r ��icipat� i� t��: ��°T�, �'i]S�E s��.t�, if +aihe�wi�� n ��L�`s �est isa�er��t t� d4 s�, t�rm�n�t� � sa:d m�m��r's partic��ti�n in tla� �iD�TF°. Wit� th� �pprov�.t �f �'DL�, a�arty tc� � th�s �,gr��rrc�nt r�ay cakh�z°vv�se add, sub�tit�te, ��irxstate, c�r rep��e any crf its sw�rr� �r � supps�r� e�npl+�ye�s �a�[��i�atir�� in the �L��TF. � � ZU. ��t��r�� k��rein s�al� t�tk�e�'wis� iir�;it the ji:ir�sdi�t��n and pa�r�� r�c��nalky �crssessed h�� a�� mplc�ye� as � zx��}�er c�f th� ��rrplc�y��'s a��n�y,. 1 i. Th� �TF �i��r�ng C�m�i�t�e wil� tn�et a� r�qtii�ed, 1`�t� desi�raated F�L� su��v�s�r �:ssi�n�d � �e �S`I'F �vill �rr��rid� r��ies�vs #� the St��°in� C��nmit��, � r�q��:d, repaz-tin� R��'� investi�ativ� and it�tellig��:ce ��t�vity, c�c�r�inatic�x� t��' tr�ia�k�� aa�d 1�� :��ar�erne�at �asast�r r��p�t�tss tea��s, trt.�t�i��rzng r�� susp�cteez t�rr�r��t �r�ups t�r inc�i�id�ats, �.t3d ��r�rdindiz�an effarts wi�h �e�eral �ask ic�:�ces� �'h� St��:ir�� Cc�rnmxtt��; s��i peria�ic��y, at � mini�s�m q�tar��rly, :�vi�w tlae c�bj��i�,res �nd �cc�amplis�i�aiersts Qf �?�� .�7 s7`� �d issue d.irecti�r�s arad r��m�s�a��i�iians a��r��n��y�. i 2. Ea�� p�rrtic�patin� a�;enc� s��11 ccrntrib�i� pers�r��l ant� �esc��rces to the �:��TI' i� such nu��b�rs as ar� a�r��d ta by ih� paa-ticip�ti�z�; ��;�n�y �� kiae R�}�T�' Ste�rin� �c�r��it�ee. Parti�ipatiz�� ge��c�es shall �s�i�� p�rsc�nne� t� tl�� ,]��T�' �as�d �paz� th�ir aa�vest��a�:FV� ��periez�ce and the ap�rati�nai n��ds ��' th� RT7STF, �'it�ai a�c��t�race �f �ersar�sn�l �ssigra.ed to �e iti�ST�' shall rest wit� th� zt,T��Tr St��r�r�� C�smsn�t��. The 5��rin� �Qmm�tte� m�y rec�u�r� pr�p�s�d �r�� actu�.flly ass3�n�� p�rs�a�ael t+� r�ae�t rra��im�n� ��ck�a°��ta�d �r c�thez� t�t�lif �atians as z��cessar�. ]�, T�� 'I�LE Su�ervis�r ��a.7� �e respc�nsi�lc f�ar t�� c�p�r$ti��a� �o�3�a�xd and d�y.t�_ d�y �ttai�i�t�atin� of �lI ��T'�' c�p�r�taa�s �nc� �ersann�z, and shaDl haa�e t�ce a�ath��ity �a ma.ke r��tx�� a�sf��sn�e�at� ar�d dete�ria�� case pri�i�ity, � n�ec�ed, ��adin� p+�r�odi� rev�:ew a.txd �ox��urr�r��e of th� 5t��rin� C�am�niet��, Th� Sti��rin� C�rr�:�3i�tee �nay �iesigna�e a c�mzr�and st��tur� of` intexrr��di�te sup��visc�rs tha� r��c�:� ��a �h� ��.��. Super�vis��. 1�. i�ur�� e ai�secace �,f` the d�si�nat�d �'I)L,E �upervr�r, ar as de�an�d neccss�ry by th� �esi�xiat�ci ��JJI,� �upervist�r, an.y �n�a�ber assig�aed to �he �75�"�' rnay b� s��e�te� as a Te�.rr� I.,��d�r t�a n�a��ge �peraiir�na� RUS"Y'�' rnatters. � �� i �� ti � +I at4� I�C"� ii`�-, 1�{NI f Y«4 '(�I� �k �..� � �,,. �mpl�y�es a�` the p��ticip�t=n� �g�nci�s, wh�n actt�ally �t��a�in� ir► rrf�tua3 ctat��tic�n and �ss�starsc� c�uts��e u� tk��r jurisd�cti�ra�l lima#s t�ut insid� �is s��ie, iand��k t'�� tern�s c��' �h�.s a�reerne��t, sk�a�l, �czr�uart to t17� grvvi�ions �i s�c;ti�n 23,12°?{1}, �'larid� St�fi�ztes, hav� tlae san�� pc�werrs3 d�at��, righ�s, pr�wil��e� as�d i�zr��iti�s as if` t�e ��a.,�l�y�� w� perf�axza�i�g ��ti�s aa��zd� th� �er�pl�y�e's �a�itical sui�di�risicr� in �ahich no:•��ally ern��,. �. Ara a��ncy th�t ��.��ista�� et��i�m�r�t ��rsu��t tr� �his agre�mel�t, ia�c�uc�in� �ut r��t ��n�it�d to ��y-c��ned ar ]�as�� ve�icl�s �.n� r�nt.�l ve�ic4�� rnu�� be� the c�st pf � l�iss �sr �axna�e to t��k �qui�S��iY and rr�us� p�y �ny experts� incurred is� whe c�p�r�.tican � a�sd z��.anten�ce a� �a� e�u�pment, � a� 3. �ach �ezn.ber a��ncy er�ga,�iz�g ir� th� STF' initiai:k��es p�r��ant t�s t�i� A.�°�ers��nt � �g�r�� t� �ss�e its s�wa� liat�i�ity ar�� respe�nsi�i�z�y fa� the a�ts, c�t�i�srar�, Qr cc��,du�t �sf sa�ch T��xri�"s aa�n ��alcry�� whi�� suc1� e€�pls�y�e� �re �n�a�ed i!°� R,��7`F' activiti�sf�niti�.:�zv�s, an� sl�a�l r�.�:�ir°► r�sp��sibt� fi�r t�a� �c�rn�ens�iic��, r�tir�r�aet�t, w�rlcer� ct��a�s��s�°�is�n �.��1 ather be�e�its aecruiz�� Cc� th� ber�e�t af s�i� p�rtacipatz�g ��np�r�yees, a� �urth�r di�c�assed b�3ow. 4. ��cF� P�wty tt� t.�is �4gz`��rnent a�r�es ic� furr��sh ne��ssary pe��ranel� pr�p�rty, pc�lit�� e��iprn�r�t, v��ct�s, ar�d res�urces ��n ��der t� efiFec� the �u��s�s of �h� RI3�'T�, and a�:�e�s tcr b�� e eost af [csss ar dam�� t� it� �qu�prn�nt, vehi�ies �r prcapez� se� pra�id��.3. �r��ri�ed ha��e�er, ��a�t �IJI�1� wiil pr�vid� fun�s €is ��il�.bl� %r �ay�aa.�nts ta �c�a�fid�ntial sauz°ce� ar�d at�er r�l�t�d e��aenses. l��l�,� wi�1 pro�vide n��dec� ��c� s�a�,c�. Parti�s t��ad�rst�� an�€ a�2F�� ]��t. ��cy ��]' �� s,.°y��:E�� ft�rth��.r c�w�s li�bility �'a.� �c� t}��.� ��;�M'�� .�sf.s witi� r��rd tc� fh�ir gr�pe�-tty a�d resp�s`e.�s, ar �Sers�n��e1 �x��s�� ir�curr�d by re�sc,x� c��'d��ih, ir:jury �r incidents ��vi�� rist tr� lz�bi�ity. 5. ��c� ��ency ftzr�ishin� ser�Pz��s ,��arst�azz�t ta #��is A�ree��nC sl�ald �ampensati� its err�p�c�y�e� durir�g t�ie tin-�c� such ��r��i�es �r� r�nder��, ia�clu�zn� emp�oy�e c�v�i�ti�ie, aa�d s�iall c��°�.y �h� a�tua] �x�ense� �f its �rr��l�ye�s �rhile t�iey �re rer�dering sr�ch serv��e�, i�°��ludzrx� an� ��n�i�ts �a�d or due f�r c�rr�per�satit�aa. due t� ��x5�na1 inj�^y or d��.�Ii r��hit� such �rr�plvyees �°e eaagag��i ir� render�ng such s�r�•ices. �'�ae ��iviie�e� �n�l imrt�un�iies fror� li�bxiiey, e�ermptit�n f:°c;m lar�s, c�r�inan�es, ar�d r�.�e�, �d aIl p�n�it�n, i�a�ur��c�, re1i��`, �is��ility� wc�r%ers" c�mp�nsatica�z, salary ��ncl�din� �vc�rtim� e�r�p�nsa�ic�n c�t° �c�inp�n��o�'y� time}, de�t� �nd otl��r h�n��i:ts th�t ap�l;� t� �h� activ:�y af �n �.mplayee c�# an a��cv 4vh�n p�rfar�in� th� en�playe�'s duti�� v.�it3�i�� the terriic�r9al limi;s �f t�� err�pl�yee's ��ency sh��l appl�e tc� th� err�p��yee tc� t'°a� s�me d��r�e, rxzann�r, a�st� e�t�nt va�r.xle suc�°, empi�yee ��ts urz�.�r tihis l��ree�sent. `i`�e �r�rviszot�s of tk�is ��cti�� .a�l a�p1yF ��ith �q�al eff��t to paid, �v�lur�t��r, a�� auxi�i�r� �mpl�y��s. �. f��thin� h�r�i� sl��1i pr��ver�t an�r pa�li�i�atin� ��et-�c�t fram reqa.�es�in� �u�pleta�e��t�l �ppr��rr�a�ions frc�m tl�� a��ea�cy`s �,overnin� �.uthari�y I��.�i�� u��etiaf�; jur'is�icticn to reinnbur�� an a�si stan,� a��y fc�r ��zy ��tu�� c�s�s ar ��,�er.��s ir�cr.�-re� by �h� assis�z�� a��nc�r ��rfarnnin� l��reunder. �. T3c�tl��n� iz� this �gr�ertaez�t is intended �r is tc� b� c�nstr��. �s �iny �'axa�fer ar co��racYir�� a.way �a�'the p�w��s vr �nctians c�f �n� pariy h�r�t� ta t�e a��°i�r. ��i. �4.11 ��rtie� tc� thbs a�e��rzent �ckn�wled�� ik��t t�e �"�T�° h�s �aa in��per�c��r�� s�nding authac�ty and h� �� indep�n��a�t authcarity t� req9a�re t�� exp�nc�iture es�' � fu�d� csf an;y p�rta�ipatin� ��en�y, The �ST� �ay� r�c�mrn�nd ��nciing c�f �p��i�c � e��`e�rts �n� �°eq�es� th�t �°ur�d�� rQa� �s��i��xs sa�rc�s b� d��i�at�d w� R.��T�' ��f"art� �x � a� RU�'�'�`-�ndr�rs� pr��ms or e�`�t�xis, but it �.�n�c�t unil�terall�r c�nt��t, pt�t�g� c�r ±. �th�r��ise �rt�u�xb�r fund� nf �a�s° entity, ineluding �ny �ixiads t�r �rc��e�ds th�t zr��y be r�ce��r�c,a �y r�asc�n Q�' ft�rfe�#ure �cti�a�s pursued by the 1�.�]aT�" �geza��es �:y reas�n of �a i�D�T�` i�vesti��tio�. ��,-a,� �52a=1 ' •, ��,.,s l. "�e �a.*t��s agr�� ,at �ll R.I�'�TF r�parts and r�cc�rcis shall be tra�int�in��i �yr FT��,�, �� sk�all be ic�ent��e� �s �S"i�` r��s. r`1lI �vi�er��, i�'ic��zding curren�y, sei�e� �ursuant tc� tl�tis Agr�ern�nfi sha�1 E�c talc�n i�tc� �us�ody ��d process�ei in su�stan�ra! cc��rapli,an�� wit� �'I�I.� p�la�y rel�tirsg t�r t�� anc�l;a�� c�f �Wid�r�c�lcu?°?��nc�. t-LID �vi�ence ��ize� i� i��ST� c�p��ati�n� sha1� �� ?a�r��ained �ZV �S�I.,�, uz°�tess �Cherwise �gr�ed. '�`�� larida �epa�trnent �£ �.aw Enf�rce�ent m��r �� tay tia�� rder a re�.�i�+�v and audv� bv �i��.E's I�spectc�r �en�erat's C�f�ic� e�f Ri��"C�` �pet�tic�ns with r��ard tc� �ae sei�=.�re �d handl�ng �o�' ail ��d�r�c�, �a��p�rty, �r c�s� or ar�y �tl��r a.��aect �� Li�� C`�' cps�r�tio:�s. `�e Pa�`t�es �gx�e t� ca�perate in an�f s=ach �ut�i� by alir�vvir�g fizll �cc�� a �ae�a�n�nts, p�r�c�i�.nel ar�d fa�ilit�� n�c��sar}r io p�rforrr� �a� ��iit franctian. F�;�3rw� �,i�� :�� d ��r r?t� , �. j��r�ev�r a cc�a�t�al�isat has b��n Pc�ci��d as � resulf c�f �i:I��T�' efftsr�s, a desig��e of t�°�e �"��id� l��pa.�'tz�enT �f �,aw�� f�re�rnert# �h�.Bl �se��ain at a minirt-�um: a. '�e i�enti�y(i�s) �f the c�n��Iain�nt(s) �.n� ar� a�dress r�h�re tta� cnrnp?ai�ant(s) �`�� b� c:��i�.c°��d: b. '�`h� n�tur� crfihe cc��t�lai��t �ny s�gp�rting ev��.ence �r f�cts as �nay �e ��r�idai�le, ir��Iud%za� ik�� n�r�� and a�dresses �f �u�tkaess�s tc� i�aa� �v�ic�i has �i��n ��np�ai��d �bput; and �e i��n�t�+(i�s� c�� th� T�STF participan��s) accus�d at�� th� �mp�oyi�ag a��ncy�i�s} ��tt�� p�icip�nt{,�} acct�se�i� 2. �L3L� wzll prc�rn�s�l� �ars��it�� tt� ��h ��`�'�ct�d ��pl�ayin� agency i�e �ba�� ir�fr�rrrz�tiaa� for adminis�:rative r�vie�v and apprap�aie handla�ag t�r dis��ssitian. ��ch aif��ed �za7pl��in�, a�ency shall, �.pb� c��zpl�ti�n �&' �� review, n�tify �'£��.� c�f f�s �ndi��s a�� a�y aetii�ns ��ken. �� .t, ��i s�, � � ��_�r�,��i��.:�:� �,.� � ��ri��,��.. ¢�;�a� , T�.e pr��cipal �oal s�f Chis RDS`I`� ds th� �rat��t:�n r�f FXc�rrid�"s pu�li� s�f�iy as�d s�curi��, and th� suc��ssf�t] prc�s�euii�n t�� cr�ax�i��I ��ic�:�tc��s �rvho threa��n tt�, �r �a�°e ti �c�.u��y �nt��e��d safety �n�i secu�ity ir �''�c�rida vr e�sew�k��r�. �t�ccessfu] � prcas��tic�n re�� close coqrdin�tia�a w�i� prca��iit�n� at�tl�ariti�s, bat� i� th� st�t� � a�� dera� c��rks. �ierrzbers of t�.� l��T`�' �� Isgated tr� c�ordinate €h�ir ��'f'a�s � �n su�h a vvay as t� suppart t�e �fi�cie�t pr�se��ii�n �� c�s�s, in�luding, b�t not � lina�te� t�, pr�rnpt re�poz�s�s Y� reqae��s #rt�m pr�rs�c�tors far i1lf�rmati�rn c�r assist�:c� in h�r�dl�r�g P.�7S�'F g��ara�ed c�ses, �nd reasanabl� ��il�bzl�ty f�r }�r�tr�,� �o�'r'�r�z�c�s wit;h pr�sec�t�rs, disct��r�zy d�p�ssitic�n�, ��tt-i�I �e�zngs �nd fa-ials. Civi� �sr �d�taa�iscr��rre �tic�tas d��i�e� #"rc�� R�"1�T�' c�p��°�t�Qns are fak�WUis� tc� ��i�e �a�rdinat�ed ��appe�rti �f��rtis f.�m RI3�'I'� m�t��ers. �LI3S�'� s��ervis�rs �1��1 m�ni��r th� e1'f��-Cs �� RD�TF art�,er��e�� su}apork c�� ca�i�ia�� prc�secuti�ns anci csrr;�l ��at�ns. 5uch �nr�n�.t��tr�g s��il ir,.�tz�d� re�ti�l�r cc��:�ct with ��si�me� �rt�secr�tc�rs c�r att�t�ey� �s�ars�in� �cti�ns vaz ��1�` r�f tl�e i�7�T� �� ss�� t�ie �x�e�t�c! l�v�l ��` st��ppt�r"t frqrn I�,,��T'F �^i�m��rs is d��urrir.g. F�ilur� �y a�n�mb�r �af t�.c KI�S'�"� �� su�pr�r� s�ch �ffvrts c�n a resutin� �� re�ul�t b�s�s i� ihe m�nn�r se: �`c�rt� he:��in s1�a�1 co�s�i�ate �r��r�ds fc�r rer�ov�� '�-c��n th� ��}�T�'. t . �t� •1�i "t�� ' ii;,. 1. This �.�r�ern�r��E sl��s� b�c�r�c eff�ct�v� �.s tc� t�� e��.��atin� ��ties up�n ��t�cutic�� ;� ih� �xec�tive �fir�etar af �h� F1Qri�� eparCr�ent o�" L�w �`r�crr�erry��at and �# teask ar�� ° pa`2icigat��g �gency. A� e�u�a a�.dits�nal ��rty execates thi� :4�r��me�tt, i# shall i�e eff��i�� as t� tk�� neb�ly e��euting i'a,t°�. �, T�i� ��.�reemer�� sh��I r��zz in ��a1� f��ce �ss t� aIl ��ti�i�atiz�g �'��.��s �a�t�l ��c��b�r 3I, �OI6 unle�� cancexec� �za r�°iiir�g by t�� Ex�cutiv� L)�r�ct�ir f�r th� �'I�ri�� I}ep�trn�nt c��'L�w Eri�c�rccn�aen�, c�r, witi2 re��ci tt� az:� }��dz��tirx� �'a�:y, �s c�i�� zxi �rif�ng �ry �ac �a�°iy a� pr��idee3 here�:n, S�'t�� T�a�p� ��y k.I3�T� e�nt��u�s �p�rati�ns a�ter �ec�ta�ber 31, �f�1�, ��hik� s�e��ng a n�w ��re��nent, f�i� ��r��m��i shn� 1 l�� at�r�atical�y cxte�ad��. r��sath-`�y=-tnt�nth ttt�til a�l pa�tici��tiz�� Pa,z�Cie� have ra#i�ed � new writtei� �.�r��rnent, nc�� t� ��t��d p�st Ju�a� a�, 2Q17. "C'his Agr��rnen[ m�;� be duplic�t�ci f��° dissen�%natian. ��plic�tes ��aai� t��t�e th� s��.m� �'��ce. �d ef�`��t �s t�e ar�gln�l. 3. Th�s agr��z��n� �na� be rez�ewed, �zn��d�c�, �r �xt�� a�ly in writirgg. �� I'��`�� :�", ti�� .�t�c�ri�ed r�present�f��es r�Fthe �'�r�ie� h.�reta �i�n �ra the dat� sp�ci��d. > , ,, , �� , �, �e��- � 1 r;�.�E ,r i I��..i '� �: �) �r �` � � i: �i•4! 4� :i �A�. ��; �.I! .Q � .i� � " �` ' � ; ' i , f !� , k ^ iG ,�, �" a ,; . :�.. ` ' �i I Y 'Y( �.�ilu��—' _I L —�r . � ��: � �: t � � � .. �eral�. � � . ; � ec�rtivc I]z�-ecGor %�t�rid� Li��t �� a��` L�u� �; f�rc�r;�ent �3ate; �� (� � r � C � a--� � � ,:f. .: 1�: 1 � • + ,.. i II� � 1�'' � IF ` - � -- � "� :.� .��. � 11 1H � 1- �! F � �I �k"�. ' �+1+ � : 1 1t '�` 1 . k . � ��, r : if ' ': i "�. �1 �, . �1 / �. �1��. i 11 ^ , : �i .:�. � . �F Prarsa�ant �c� �.�� 23.122�{�j, t�iis agr��r�ent �n�y �e enter�d ��tv by a sd��ri�t; � sn�yor ac chi�f �xe�tati�r� a��er af a r��ni�ip��it� c�r cc�ur�ty c�n beha.�f �f ��a�x cnfcarc�rn�nt agency, if authc�ri�d �y th� go€+�anin� bv+�y. �f the muni�c�p�.�3ty �r es�urtty. By sa�taing b��ow, an andi�atAC�n of suc�x a�t�s�rzr�.ti�an is b�ing m�de, A��y` si��i�� ta t��is szgraa„tur� page �y �rt�ter �rr��n�e c�f"auth�ri�ati�n y�u wish to cemai�a �� te �tt FI�� .l�r�� wi�fa tIxas si�ra�tur� �ag�, ��.��*��*�� Fc�r �h��e��`�r F�a�ic� C�ep�rkment � �� ,�, � ,, . �o�a��r��tr�ed: -• . ■ . • . +� r� . y � � ,� • �� a �� .� � �. � - � �� ' ��„� R.�}t}�Ct �1. �lS r�fii� �ssist��t��ty �tfir�rney �, .. . w �.. � s : r r w;�.. . Ro��m�t�i� �al� City Glerk �.w� ; ti � � E a� � City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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 crime analysis and crime prevention information for Pinellas County residents for an additional five-year 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 factors 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 the command 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 agreement of the parties. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Review Approval: Other None Budget Adjustment: $ 0.00 Annual Operating Cost: Total Cost: to None $ 0.00 $ 0.00 Cover Memo Item # 18 � • ��'�,� . � � �� •' �'HI5 �1T��,�3CA�.. ACr�E��T +�hereiz��ft��- "�+.��°e�m��t"� is ma�i� �nd �rtt�� inti�s t�is ra�- c��y ca�' � :..�� t�� y a�� etw�en P�TELL�S �� °�"�c', ��litica� subc�i�r��isar� t�f �e St��e c�f Ficar��a (h�r��ter ``�C�L.�'�'�'"�, re�rr��e�t�d bv �ts �a�rrd +�f' �c��.nty° ��aa�is�i�n�rsr ��c� t11�e P��1�I�,A� ��i�T'� ��C�RIF'F'� €��'�"��, �� "�'Y �� C;L��R.i��AT�R. �`��I�� .1'�E�T, th� �IT�' t��' �T. P�.`�"EF�.�F3�iR.(� i��IC;� � I��P^A�.T?'�I��T, the �TT'� t��' L�R.C�� PQI��E 1��A��'I'�'��N�°, t�e ��`�' �F PI�iFLLAS � �A, P�L��E I�EPAI��'�E1'�'�', �a�� T"T"`�" �� 3LF�'��' PC�LI�� A�TI��iT, t�e CiTY t��' TARk��i �P�I�It:�S P"�LIC� T�F�`AR`��[��`, �he C�"�`� tJ� �'�. �Efi� �EA�H F'�LI�E �E�'h�F�.`T"l�'IE�T, th� ��T`� C�� Ti��ASi.J� �5�.,��tl� P�LI�E L}�PA�TI��1�IT, the '�QW��I �}�` �NI�iA�i �Ht�i�.E� �'+�LI�F ��.�A�.T�'i�1tiIT, t�� i'i� i�F �.��TI� �CI°�Y PC�L�C]E I��P'ART1v1��T, ��e T[)i� �7� �E�:��.�TR ��.C� P�L��C� ��'ART�EN`T, �nd the Tfl�� t�F S�LL�Ai�. F��i��C� U��A.RT'N��I�1T' l�cai�d i�r �iz�ell� �c�u�ty, ��r��a �her��r��r "A�EI�ICIE�"� 'V��"�E��°T°I�P 0 �� A�, �h� ��U�IT� �s�d t�� A�G�I"�C�� recc��i�� t��t ��.ring in�`� ati�r� ��rt�ss i��j �nf�rc�aa��nt jurisdicti�a�al �c��radari�s r�itl�irt �'ar��llas �c��n�y �s �s��iia� fcar �f�"��ti�� c�i�n� �alys�s ar�� c�rr�e �revent�c�np �'�l�l�:A�, t��h�a�l�sgi�s e�ist th�t ��r� �arici�� the �� betw�e� di��arate �n�'c�r�a�atian .3�P a7 L41&.l.J g �?HERE��, �he ��T�r', t�rc�u��i ats ��p�t��rat �� u��i�e �d �c�nsum�r �erv��es� �� d��c��e� � la� e1�c�r��m��t c��ta i�iti�t��r� t� ex��d ia�f� �.ii�n �h�rin� b�twe�� a��n�i�s °�•�i�h i��clude� r��ta int��rati��, s�c�r� n��ur�r��ra�� d �r��er Cr�v��tvf �� l�f�i� ap��i��t��sa � � ,� �� — � � ' �. � � �� , � � +� a .,._ � ^ _ � M � !� � . . ,� ,� �r �. ; � � � ; �i i� _ � � � � ,� _ � � �, _ , _ a�: w +� .. � � ,� r . r r — i +� � �e � , - ,� � . � . � °` � „ . �� _ � ` � �� r� � ��i+�� i� �r�ll�r�� tc� ��m��fi��t� ir��r� �r��f �� t� c��t� �h��it�� r�� r�r��ir�� r�a� � �r��l�rsi� tt�r��c�i� t�� ac�p�r�� irtiti��i��; � V`�� , �ger��i�� a��+��t��r�t �hai'[ ��r`ti��p�� r� a�r �r��rm�ticrr� s��ri�� a��i . . � _ . . .� � . . . �, �, ' ' * ae � � r, ap a �i • �� — a �-s � �^r -s ■ �• • s _s — "` t — � .� ' i �. +M� #�: A► i — �"� �- . , i ' �: . • ,�. �. .s y a. y #. ! 4 ` .�: ��..� � � ! �. ��.... # .. # �.:, �i � '"� . i . .�� .� i M . � �!. i -� fi �1` ■ �i �d ` . 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F�M��are �� p�rk�r �� vrr�piy �nrit� ��r vf th� rr��t�ri�l �r�vis`r�� r�f �hi� �1�r��m�rr# �f��l� �� t��red � rr��t�ri�i �ar�ach �f �h� �gr��r�t �r�� h�ll b+� ��s� °�ar imrr�re��a�� i��t6�r� �� i� ��rt�� r�rrt tt�� r��r�t. �� [�ti�� by � ��r� �a a�re��t ��ai� e��k�e t��t �ac�y fr�m ��y ��s��ci�a�%c�� n ��fra �tis��r ��ar�n� ��rira� ct��r�itt�+�. �. 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' :. . . . � +� � - L:� � � � � � � �, �� +�_ �, �� ^� �� ,rw.�.!` ' �.� �� : � � � E a� � ,A .��: _ .',, .� -� . �� `� �i�F��i�� ° F t��: . �rty�� t#� y � � '� x _ : � � � � "� � ,i �� . � � �. . ��r �� , � � � . � � ,r�` � " � �� ,.p, ..� � +� � r .. . � � E a� � �= r � �,�,��l�� '�e ��t� ��` �� `�t��a�� "i��r��i� .�,tt��: ° .�. � . ��= �y: . .�` P�i�t: •�.�� .� `�'�� k. �` ��`��c �� aat�u,�� 'i"it��e. �, ° �� 4 -� ��y ��r� ,��"�'� ��: � �� pp�t�v�d � t� ��r�t��t: �i�r ,t�ttvr��y �L��sa�rrr�e� �. ■ i � . :# � Assi��t ��€;� .�.ttcar�aey� � Ag�r�rve� �� tc� %� . � � ; ■ �, ; � � � ��n - ��4�$.:ffi�� (} � �,,�� g �� .�� , ,—� .., _.e a:°z c. y � ��. � ��' � ��'. �..�----. . � ao �, .._�� ' �t "� � ��-.��-� � -�. _ � �� ° a--� ��.�- — �� "t�C��'i�°i�C�� a�a��i�'�` �-I�� e ��T: �L��K �� , �� c�c �� ; - , �� 1��L � F�� a : ��y�r �a�.��.��a� �� i��s��r �, � � i�ii��a�el �3a �us��f��n �` ° ao ��ifCiC��fi��t�t ��i1�j� i�� 0 � � � �� • � I �L�� . _ __ ,�.. .� Cii� � �� ; F��NN� �y: �� '� �-��P"� ��ty ��rag�r � Y � '� �� r€�� r�� t�� #�� ■ � � � � � : ��F� �PF�R�L��C �4� l°C� �� .�. C.�� .�.�� ` �i��rra�� ; � � „ • �. ��ty ►��r � w � +� ' � � .: �? � � � � � ��' �.� �� i�� r� � ". � � �� ai ��....�� £° � � { WI ,�;a I� �� / f � r � � � a--� � � & �� r�"�� l� ��,: � � �, �� . � , ..��. �. �,.,. �. �, �. � � � � �` � ��, � � . s �� _��y�r �y: � � �� ` ��i . ,__ �``"� �� ` a�0 �� f�r�e��n� �� E a� � f� ■ -- :� � .�.��: .� s . � � , r �,�'. .�, � � � � � a : � �� `i �nr� �ik� �n �y � ; �� , !� ► ' : � ." , �� .�-�--�—�'° : ��_ ��1�� r � • _ .�„ � �` ��g�r ��: L�� r��ar��t �c��r��y � d � E a� � .. ' ��i� �T # ?�� *� . , A4 � !k �� .1l, � 1 1��: 'r��►a�'i�� : �l I� � �� ' �1�-�.�i� � �; �ju� �� ,� � � � � � � �� ►� � . � � � � �� , � _ ��,� � � � � � � � � 1:��'�' "� � �. �. � � � �� `i��l �F ��LL��I'� ��A��f � ��. �� . � � � � � � E a� � � �� .��,� -� �� T�"�Vi� �� _ �LL�C�I� ��: � h��yt�� _ �� : � �� '' _ i� °�'"�._�r.., �� ',t' �° °.� �.�� f�r��r�'t�r�� ri�� r� �� 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 af the State of Flarida, 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 nefinrorking, and over twenty(20) analysis applications; WHEREAS, the COUNTY, through its Depa�tment of Justice and Consumer Services, is willing to coordinate input and access to data sharing, crirne mapping, and analysis through the cooperative 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, rules, 1 Item # 18 Attachment number 2 \nPage 2 �nd eegulatians as requir�d fr�r efficiert# �dminis#r�t�on of this �gre�m�nt; WNEREAS, th� �Cf�Ut�TY arad AGE�iCIES �gre� that ��articip�tica� �greer�ent is nec�ssary ta �sta%lish th� re��tiv� r€�spc�nsibifiiies �n�9 aE�lig�ti�ns c�f �ach party as t� d�t� sh�ring an� acc�ss; ��d WHER�AS, bath �he �Ot��WTY arrd AG��ICIES have th� a�thority ta enter inta #his F�articipatrt�r� Agreemen� pursuant to Se�tion '�63.01, �lorid'a ��atutes. WHEREA�, ihe partEes now desire t� renew the ��ntract. NC3V`� TFI�R��R�, in c�nsi��ratiran of �he �bov� �n�t rr�utu�l ct�ven�n#s ct�ntained h�r�in, the part�es agree �s follc�ws: �. �ursuant to seeti�n 1 c�f The lnterlocal Agreerr�ent Fc�r Infc�rmation Shar�ngr ��t�ch�et� heret�, th� lr�ierlocal Agreerne�t is h�reby rer��w�d and e�ective �eginning �1r�vernber 1, �t�� an�i continuing fc�r five (�) year� fram th�t dat� �thr�rugh i��v�m�er 1, 2��7} unless t�rmrn�t�d c�r ��nc�led as �rorovi�ed tih�rein.. 2. Ex��pt �� pr�uid�� here"r�r, all aiher t€;rrns and cc�nditic�ns c�� the Int�r�c�caf Agr��m�nt sh�lC r�main tt�� s��n� �r�d in fulf fc�rc� �nd �ff�ct. li� WIl"hIESS WHEF��t3F, the partie� herein h�� xe�ut�d this Agr��rr��nt a� of th� d�y an� year nated ab�ve. � �, r A7T��`: PII��LLA� �JtJNTY, �'Lt)RIDA, by a�td KEhI �UF�K�, C�.EF�}C t�rougt� its Bc+ard csP Ct�unty C�rr�rnissi�ane�� By: [3ep��y Cler[� [�e�l� ,APPR+�V�� A�S T� �OF�M: �,�,-y="�' ��. � Uffice c�f the �ounty Ati ; ney � 2 Ghairman Item # 18 ATTEST: PINELLAS COUNTY SHERIFF'S OFFICE Bob Gualtieri, Sheriff Attachment number 2 \nPage 3 Item # 18 * � �� G�(�fge �i. Cr��ekEaS � c� �l(71° ►�• a ^• , � • � � �� 'V�'6 .�°°-- �!O��t'� � UI°�$�� .�ssist�nt �ify Attc�rney � Attachment number 2 \nPage 4 � ` ' ' � !f� � i � : � • - ,, f .,� A��S�: f�C)Sf'11"t�Cl� ��) Ci�y Clerk ,,� ;` ,.- .,- . y, Chief �+f Pc�lice t ,Agen�y Wead Item # 18 8 � # �a�l u ATTEST: Cd��'��1��;7��:�y ��1:Zr Byc CITY CLERK Mayor APPROVED AS TO FORM By: City Attorney 5 a6edu� Z �aqwnu �uawy�e��y City Manager By: Law Enforcement Agency Head 8 � # �a�l ATTEST: CITY CLERK APPROVED AS TO FORM City Aitorney g a6edu� Z �aqwnu �uawy�e��y CITY OF LARGO By: Mayor By: City Manager By: Law Enforcement Agency Head 8 � # �a�l ATTEST: CITY CLERK APPROVED AS TO FORM City Attorney � a6edu� Z �aqwnu �uawy�e��y CITY OF PINELLAS PARK By: Mayor By: By: City Manager Law Enforcement Agency Head 8 � # �a�l ATTEST: CITY CLERK CITY OF GULFPORT By: Mayor APPROVED AS TO FORM By: By: City Attorney 8 g a6edu� Z �aqwnu �uawy�e��y City Manager Law Enforcement Agency Head 8 � # �a�l ATTEST: CITY CLERK CITY OF TARPON SPRINGS By: Mayor APPROVED AS TO FORM By: By: City Attorney a6edu� Z �aqwnu �uawy�e��y City Manager Law Enforcement Agency Head 8 � # �a�l ATfEST: CITY CLERK CITY OF ST. PETE BEACH By: Mayor APPROVED AS TO FORM By: By: City Attorney 10 �� a6edu� Z �aqwnu �uawy�e��y City Manager Law Enforcement Agency Head ' 8 � # �a�l . ATTEST: : . CITY CLERK '� APPROVED AS TO FORM r:. � . � City Attomey ::�;.. . . . x:: . . �.�, ` � a6edu� Z �aqwnu �uawy�e��y CITY OF TREASURE ISLAND By: Mayor By: City Manager By: Law Enforcement Agency Head 11 ATTEST: TOWN CLERK TOWN OF INDIAN SHORES By: Mayor APPROVED AS TO FORM By: City Manager Town Attorney By: 12 Law Enforcement Agency Head Attachment number 2 \nPage 1: Item # 18 8 � # �a�l ATTEST: TOWN CLERK TOWN OF KEfV{VETH CITY By: Mayor APPROVED AS TO FORM By: By: Town Attorney 13 ; � a6edu� Z �aqwnu �uawy�e��y City Manager Law Enforcement Agency Nead �_�li�� TOWM CLERK APPROVED AS TO FORM Town Attorney TOWN OF BELLEAIR By: Mayor By: City Manager By: Law Enforcement Agency Head 14 Attachment number 2 \nPage 1- Item # 18 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 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 enforcement agencies during emergencies under s.252.34, Florida Statutes. This agreement incorporates into one Mutual Aid Agreement a Voluntary Cooperation Agreement concerning routine law enforcement 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: Review Approval: Other None Budget Adjustment: $ 0.00 Annual Operating Cost: Total Cost: to None $ 0.00 $ 0.00 Cover Memo Item # 19 � ,� � � �; ■� �r . �R ` . � '"' !� . # "" "` i' �; ... . :� �. : � r.. . 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'� i A� ��t` �'l��si� �� ffiY�'iI��IC��I �'�3. rn � � E a� � �� . �'' . � . � �� i�� ,��c�rr��' ��1�"� �� L��I�� 1��` C)� �� ' ��C�� 2" � � . �� f ��3��f � �° �,� �.��r �r�� y f�� ; ,� � �. � � � �� s +� � � � � � ,�, � � � • �t � � : �. � ,. +� � ��t�� 1� �1�� o� � � � � � � � �. . � �- ,� - = ��i�"� I�� _ � _�: � �: _ ��"'� �� °iF��#�E I��,�i�C� ��'_ u�._ ��r�r �� t� f�l��r � � �� L�� rr��r��rr��t ��r�� F-��ci � ♦ . � � � � � ��, ��p, P��i�t �]ar�r� ��[�E��.�� I�I�"� ��S��I��C� �1�� 1C� ��l�h�� LL '�� C��' F�� _ww�. �i�l� ��i��i�� , rn � � � � 9� ��c�v��i��t �� ic�� tl`�� P��' � �C��1P��"'� 4�€�f'��[�� f�1�Fi�� I[� �i��"I�� Y y �� c�ri� �P��}�� r� �r�'��i�w��, �� h�r�� t +��'r E��r�� ra� ��. ; � � ��c�� r��c�r �t�r�� t��r� ��, `i ��1 ��b} Fl�ri�� s�� . �' � �'. �. �' � � �✓ , . # � � :� �` � ��fi�C �1��r1� �i�i� :� � �� r��c�� rr��: �i�� f�T� ��I�� il�,�L ,�iG A�i��11�1�� - �d� � � � ��i�� iv��ty �f ��a�rtf� ��i�� t. ��r�%€ar� ��li�� C��r��a� ��r��r�t �� c�i�r� ��. �' ��'� ��) �I€ar��d� ��a�� t'�'Y° EL �°� 4° f� S`°' P°� B �"^i i"'i�. m f"4 $1 t.�. � �u � �. � � � �. �,.! �"W �� 0' �� V't�°'�@V�� i �BY��,. � � �; : � � . �1��3�'��l�°� �` . �� 1�I@� ��I� � �, rn � � E^` W a--� �� kr��v�r��r`��r�� i ��t�c�r� c�� t�� 'N��L � ��' �C)i'��P��Ci i��lTIJ�L �C� ,�%��l�T, ��c�� c�r�� rr�� t ��I�a��, �� r F�� , ��LL��i�� r�t�r� �;�F�F��!�C� �� T� �`�� •� ��,�� C;�� L�F�IL�� C��° �� If��L,�� 1��1�fi�lC�' �� y �h�ir��r��€� �� a ��r��a��r�� g��° I��d' � w„ � . ; �- s +� � ; �r , � - a ��, �T�rp�, �i�mp, �rir�# f��r�� i� �I�r� �� r�r��i"`ti��icsr� ��. rn � E a� � City Council Agenda Council Chambers - City Hall Meeting Date:l/17/2013 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 Sec. 2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Sweeper will be purchased through the Florida Sheriff s Contract 12-10-0905, Specification 9 and quote 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 Bid Required?: Other Bid / Contract: Review Approval: $49,678.51 2012 to 2013 Amount $23 8, 839.00 No Florida Sheriff s Association #12-10-0905 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment L/P CIP Bid Number: Bid Exceptions: None $17,612.00 $67,290.51 None Cover Memo Item # 20 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:l/17/2013 Approve Amendment number 1 to the signal maintenance and reimbursement agreement between the City of Clearwater and the Florida Department of Transportation and authorize 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 traf�c 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 modi�cations done by a contractor for the FDOT in the city's jurisdiction. Currently the city has a good warking relationship with District 7 and can make requests for changes to signal modi�cations 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 for that case. Review Approval: Cover Memo Item # 21 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 Amendment1 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 # 21 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: Titl e: Attest: (Authorized Signature) Item # 21 Attachment number 1 \nPage 3 750-010-22A TRAFFIC OPERATIONS 10/09 Amendment 1 Page 3 of 5— 6chibit 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 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 # 21 1.0 2.0 � 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 # 21 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 DepartmenYs 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 Department's 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 # 21 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 # 21 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: Titl e: Attest: (Authorized Signature) Item # 21 Attachment number 2 \nPage 4 750-010-22 TRAFFIC OPERATIONS 07/09 Page 4 of 6— 6chibit 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 # �1 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 # 21 1.0 2.0 � 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 # 21 City Council Agenda Council Chambers - City Hall Meeting Date:l/17/2013 SUBJECT / RECOMMENDATION: 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 for completion of additional work, and authorize the appropriate officials to execute same. (consent) SUMMARY: October 20, 2011, City Council awarded the 2011 Underdrain Contract to Adkins Contracting for $538,012.84. This was a unit price contract. Adkins Contracting has performed eXCellent work and agreed to honor the current contract unit pricing to provide continuing underdrain work at other locations in the 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 continue work under the original contract. The same terms and conditions will apply. The underdrain unit price from Adkins Contracting in October 2011 was �24% less ihan ihe 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 Sidewalks. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0315-92277-563 700-541-000- 0000 Review Approval: $253,010.89 $253,010.89 2012 to 2013 Amount $253,010.89 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment See summary Yes 0 $253,010.89 Cover Memo Item # 22 CHANGE ORDER 1 PROJECT: 2011 Underdrain Contract CONTRACTOR: Adkins Contracting, Inc. 3516 Gulf City Road Ruskin, Florida 33570 STATEMENT OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT Change Order 1- CC - 1/17/2013 NEW CONTRACT AMOUNT APPROVED AS TO FORM: Camilo Soto, George N. Cretekos, ATTEST: Rosemarie Call, Date: Assistant City Attorney CTTY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA Mayor City Clerk William B. Horne, II City Manager $538,012.84 ' $253,010.89 '' $791,023.73 Attachment number 1 \nPage 1 Date: PROJECT NUl� PO REFERENC AWARD DATE CONTRACT D� CODE: 0315-92 CODE: 0315-92 ACCEPTED B� Adkins Contrac� By: Jackie Dean , Date: Witnesses: Recommended � Tara L.Kivett, Er Michael D. Quill� Item # 22 Page 2 of 2 Change Order 1- 2011 Underdrain Contract 1TEM 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 Traffic - Swale Curb Sediment & Erosion Control Portable Project Sign Root Pruning Tree Barricades Remove E�sting Underdrain Remove E�sting Concrete Sidewalk, 4" Remove E�sting Concrete Sidewalk, 6" Remove E�sting Asphalt Core E�sting 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 c� Replace) Swale Curb, 4' Wide, (bid includes adjacent asphalt) 29 Swale Curb, Valley Gutter, Index 107, (bid includes adj acent 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 e�sting drainage pipe on Grandview Dr 37 Install 8x8 tee 38 Kapok Repair 39 Grout pipe 40 Miami Curb Remove c� Replace 41 MISL Concrete 42 Mill E�sting Asphalt Attachment number 1 \nPage 2 QUANTITY UN1T 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 � 275 275 4000 7000 0 1 3 1 1 363 1 1 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 $262.11 $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 lncreases: Item # 22 December 24, 2012 RBER: 10-0016-EN ;E NO.: ST 107955 . October 20, 2011 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 igineering Construction Manager en, PE , City Engineer Attachment number 1 \nPage 3 Item # 22 TOTEII, 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 # 22 City Council Agenda Council Chambers - City Hall Meeting Date:l/17/2013 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 accommodate 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 from property 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 Approval: Cover Memo Item # 23 _ �� G .� ' �+ . 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Myrtle Ave, pearwater, PL 33756 Ph:(727)562-4750,Fax:(727)526-4755 Map Gen By: CRM Reviewed By: C_L Date: 12/28/2012 Grid #: 287A S-T-R: 15-29S-15E Scale: N.T.S. www.Mypearwater.com Path: V:\GIS\Engineering\Location Maps\Drainage EasementAgreementfor Firestation Court St.mxd City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Ric Ortega 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/17/2013 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 meeting) 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 2. 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: Cover Memo Item # 24 _ . _ _ _ _ Attachment number 1 \nPage 1 DEC-2'7-2012 14�21 UAMC SOCIAL WORK 7273191�12 P.01i�2 Name CITY OF CLEARWATEI� - APPLICATI�N FOR ADViS4RY B�ARDS (must be Cleanwater resident) � � � c�`� �.�•, �:�.�..�, t-.� �� 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 ��-. ��s � � � 5�� -�� lf retired, former occupation: Community A�tivi#ies: r � � r � �► �, ather Int�rests: � � i ��' Board Service (curren# and past): r ��-,-, �'s �1�,�. � b � �� AdditioJ]al Comrnents; _ r1. l.�-� � � ��?-.�.� �'J �`� c� Signature Other Work Experience: � i�r_ r �� c�.d � c.�,� �� " �'r� �c.�.._. 1.-� 1 i r iv;� �.-�' or� a�Yfi �f� t� �� 1Board Preference: -�, �� ,.. `��,r � � f�-.�. � - �� ,� �� ,�--.� �--� �y�, � � . �, � -- � 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 ��;°� ��,�. �� 24 L��T�� `� �� DEC-27-2012 14�21 VAMC SOCIAL �IORK BDARD C1U�STIONNAIRE Attachment number 1 \nPage 2 7273191012 P.02i02 1. What is your understanding of the board's duties and responsibilities? � � al� -, s -� �r � ��. �. l;� ��.1�e.. ,;-..e r �c r.�,.+,r,� ,� F �, c._,�. CS1�.S � � �..� �°�-v, �-�-� h � 1.� ►�� ►. � s�� ` � .� . � � CS`�-�� -o c�. S J c�...�/'; �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? � �x-��-�. t�Y C�.r . �f �I r, t� t��,f' � C� � _ t �� T � � �- �-'-�` ' �-�-� 4. Why do you want to serve on this Board? --�� D _ 1 �-�t � _ _-�- �� . . . ► � � �� , �, _ --�-�► . � �fL� �� c�.. � �-� � �� N�me: ��- Board Name: �.�`�` `�` ,.� . � . Item # 24 TOTAL P.�2 ._ _ _ __ _ Attachment number 2 \nPage 1 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 Office Address: Zi� telephone: E-mail Address:Dom3070�aol.com Wow long a resident af Ciearw�ter? S0+ years Occupation :RQ#ired Employer: �ield of Educ�tfon; B.A. USF .Grad work at S�mford Univ.�rsitv 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): Board Preference: Florida Ja�� Cauntrvside Little Leas�ue "�� . . �,i �: Additionaf �omments: OFFtCL�! RECU(�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 # 24 /�ttac ment num er n age 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 # 24 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�. �� ,�:��: , ,�..��. ..�.,�..�...�._ __--�_ Signature: See attached list r;'boards application and b ard questioi Clearwater, FL 37�8-4748, o Date: /� /��l' / /� require financial disclosure at time of appointment. Please return this to the Official Records & Legislative Services Department, P. O. Box 4748, 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 # 24 _ _ _ _ _____ 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 # 24 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:l/17/2013 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. 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 provider 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 travel expenses 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 be cancelled 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 010-09700-530100-513-000 Bid Required?: Other Bid / Contract: Review Approval: 2013 to 2018 Yes 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 Item # 25 Attachment number 1 \nPage 1 �� rsaYi RESPONSE TO �ITY OF CLEARWATER, FLaRID�4 I�EQiJES'I' FOR PI�OPOSAL Q6-13 �OIi FEI�EIiAL L€�BBl'ING SEIt�iI�ES 1�O�E�B�� 3(1, 2012 ALCALDE �t FAY GOVERNMENT AND P[JBLIC AFFAIRS CONSLJLTANTS 2�11 WILSON BOLTLEVARD, 8T" FLOOR I ARLINGTON, V�RGINIA 22201(703) 841-0626 Item # 25 ALCALDE 8L 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 from 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 opporttu�ity 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� l �►� �/ Danielle McBeth Partner Enclosure Item # 25 21I I WILSON BOULEVARD $TH FLOUN ARLINGTON, VA Z�ZOI PH (iOJ) H41-O6�6 FAX (703) 243-287a 1VIINIMUM TABLE OF CQN�'ENTS ALIFICATIONS Attachment number 1 \nPage 3 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 �-IISTORY AND BA�KGROiJND ■ List and Description of Outcomes of Public Sector Projects and Initiatives Worked on in the 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 Merribers Providing Services and Their Experience with Local Government ■ List of Clients for 2011/12 WORK PLAN ■ Approach to Scope of Services ■ Proposed Client Team ■ Firm Merribership and Participation in Professional Associations FINANCIAI. STATEMENT COST SUMMARY PROPOSED RETAINER Alcqlde &Firy� GovernmentandPublicAffqirs Consultants TAB B TAB C TAB D TAB E Ite�m�#z 25 A�PPENDIX ■ Workforce Analysis ■ Organizational Chart ■ Sample Federal Legislative Update ■ Sample Legislative Assessment Memo ■ Alcalde & Fay Grant Alert Alcalde &Firy� GvvernmentandPublicAffairs Consultants Attachment number 1 \nPage 4 TAB F Item�g#325 �XPERIENCE 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 the Executive Branch, presidential appointees, and lawyers as well as public relations and marketing specialists. During its 39-year history, Alcalde & Fay has built a disiinguished 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, maily 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 �Fa,�� Goverrcmer�iarrdPublicAffairs Cvnsultants It 8#425 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 11ave worked closely with many merribers of Congress, congressional staff and political appointees, several of whom are in positions of seniority and leadership. These relationships, combuled witl� our understanding and experience in the public policy decision-making process in VVashington, 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 eities, 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 City's federal legislative agenda, along with other local governmental entities. ONG�ING RELATIONSHIPS WIT'H MEMBERS OF THE FLORIDA CONGRESSIONAL I?ELEGATION 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 �Fay� Governmertt and PublicAffr�irs Consuliants Itep �#525 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-2"d) Congressional Contact: Jonathan Hayes Representative Ander Crenshaw (R-4rk) Congressional Contact: John Ariale Representative Corrine Brown (D-5th) Congressional Contact: Ronnie Simmons Representative John Mica (R-7rk) Congressional Contact: Wiley Deck Representative Bill Posey (R-Srh) Congressional Contact: Stuart Burns Representative Daniel Webster (R-10k) Congressional Contact: Pepper Natonski Representative Richard Nugent (R-11th) Congressional Contact: Justin Grabelle Representative Michael Bilirakis (R-12th) Congressional Contact: David Peluso AIc�Ide�Fa,�� GdverrzmerriandPublicAffairsConsuliants Ite�m�#625 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 Vern Buchanan (R-16h) Congressional Contact: Dave Karvelas Representative Tom Rooney (R-17h) Congressional Contact: Brian Crawford Representative Alcee Hastings (D-20rh) Congressional Contact: Lale Mamaux Representative Ted Deutch (D-21Sr) Congressional Contact: Joshua Rogin Representative Debbie Wasserman Schultz (D-23�) Congressional Contact: Tracie Pough Representative Frederica Wilson (D-24tk) Congressional Contact: Thomas McDaniels Representative Mario Diaz-Balart (R-25th) Congressional Contact: Cesar Gonzalez Representative Joe Garcia (D-26th) Congressional Contact: TBD Representative Ileana Ros-Lehtinen (R-27h) Congressional Contact: Arthur Estopinan .9lcalde &Fay� GovernmenfandPublicAffa�irs Corzsulfirnfs Attachment number 1 \nPage 8 Itep #�25 ONGOING RELATIONSHIPS WITH KEY MEMBERS, CONGRESSIONAL COMMITTEE STAFF� AND EXECTJTIVE 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 # 25 Alcalde &F�y� Governrrreni and PzrblicAffairs ConsulEanfs pqge 8 Attachment number 1 \nPage 1i 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 Legislature 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. �-`�iOFiRqk� ,wctl[IIly. �K��y�i w�� .1 ,� � � �s �P�E' � �' �.y+�,� �'TT.9IESOF! '�+'iw �wn�s 1�e•r� � s �\ _ / � ��h ^4�� " �� g � �� , ��s��E,�=�T. �pART,y Pp1NF.V i �,* ��Q'� � * ��I * �'� liiill �� f��YA StGS t.� Au �E��n:05 We have long-standing relationships with leadership at the U.S. Department of Transportation (DOT), including at the Federal Hig.11way Administration (FHWA), Federal Transit Administration (FTA), Surface Transportation Board, Federal Aviation Alcalde bFay� Governriretat and PublicAffar'rs Consultants Ite�mg#925 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 Ageilcy - FEMA and Transportation Security Administration - TSA), Commerce, Justice, Housing and U:rban 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 khey 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 £�Fay� GoverrrmenfandPublicAjfi�irs Consultants Ite�mge� 25 Attachment number 1 \nPage 1; LIST AND DESCRIPTION O� OUTCOMES OF PUBLIC SECTOR PROJECTS AND INITIATIVES WORKED ON IN THE PAST FIVE YEARS, INCLLTDING KEY CONTACTS AND DETAILS OF HOW PROJECT SUCCESS 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. The 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 f�Fay� Governmenf and PullicAffairs Consulfanfs It p8 #�125 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, resultulg in constrained downtown roadway congestion. The FHWA waiver was necessary to begin work on a larger county-wide -- Road-Bridge Improvement 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� GoverrrmentandPublicAffairs Corrsuliants Ite�mge# 25 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 Fheir 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 conseeutive 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-215t), Alcee Hastings (D-23rd), 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 &Fay� Goverrrmenf ar�dPu6licAffi'zirs Consultareis Ite�mBe#�325 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 1Vlaritime 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. Alc�zlde &Far/� GavernmentandPubllcAffairs Consult<rrtts Item # 25 pqge 14 Attachment number 1 \nPage 1i 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 BR.AC 133 project location until the Secretary of Defense provides certain documents and certification. Flagler County, Florida ➢$486,288 grant under the Department of Horneland 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 Program. Alcalde &Fir,�� GavernmentandPublicAffairs Consuliants Ite�mg# 25 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. Melbourrce 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 Palm 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-income 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� GovernmeniarrdPublicAffairs Carrsuliarrts Ite�mg #625 Attachment number 1 \nPage 1� ➢$255,505 in competitive grant funding under the Department of Education Student Support Services Program for an innovative prograrn 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 Memortial 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. governme.nt business in the Middle East (non-CONUS 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, Florida ➢ 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 F�R 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 Alcala'e 6Fa�� Gover�tmenf and PublicAffairs Consultanfs Item # 25 p�ge 17 Attachment number 1 \nPage 1! Authority, and a number of other clients have retained our services for more than two decades iilcluding 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 governments 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 tllat the Client Team will always provide timely and appropriate attention to the goals of the City. Danielle McBetlt, 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 strategie 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-13th), 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. Alcalde f�Fa,�� C'o�rnmerrtandPublicAffairs Consultants Ite�m�1825 LIST OF CLIEN'FS FOR 201�2012 CIient 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 Clvncoteague, VA, Town of Clearwater, FL, City of Cocoa, FL, City of Contra Costa County, CA Cruise Li11es 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 f�Fa,/� Go�rnmerrt and PublicAff�r"rs Consulfanfs 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 2i Ite�mge #25 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 - Jacksonville 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.y� GovernmeniandPublicAffairs Cansulfanis 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 Ite�mge�o25 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 Governmellts, CA Virginia Beach, VA, City of VSE Corporation West Coast Inland Navigation District, FL Winter Park, FL, City of Alcalde £aFay� GoverrrmesrtandPublxcAffairs Cansultants 1 year 2 years S 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 # 25 page 21 Attachment number 1 \nPage 2; APPROAC�i TO SCOPE OF SERVICES A) The qualified Respondent shall he able to maintain a presence on behalf of the City of Clearwater in the Washington D.C. area. The qualified 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 experti:se. Otlzer 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 errcphasis 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 manner and coordinate all responses and/or actions taken. We would continue to provide our Federal Legislative Update, which summarizes t11e 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 samples. In addition, we monitor legislative calendars, publications, and the Federal Register for regulatory announcements impacting potentially inlpacting 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 112th Congress, we have communicated with the City regarding its federal priorities, including assessments and reports on federal legislation, Alcalde &Fa,�/� GavernmentandPublicAjfairs Consultants �t p 8e�225 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 biiiion, 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 mandatory 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 Department 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 &Fa�� GovernmentartdPublic.4ffairs Corrsultants Item # 25 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 minimize 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- HLJD 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 �Fa,�� Governmenf and PublicAffairs Consultants � t p ge"2� 5 Attachment number 1 \nPage 2i 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 ttivo 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 Numerie Nutrient Criteria. Alcalde & Fay staff have been a part of the conversation with numerous Virginia communities in addressing the costs and relative environmental 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. The conference committee's Chairman, Senate Environment and Public Works Committee Chairwoman Barbara Boxer (D-CA), and Ranking Member, House fllcalde �Fa,�� Govern�aeratarrdPublicAjfairs Consulianis Ite� 8e#1525 Attachment number 1 \nPage 2 Transportation and Infrastructure Committee Chairman John Mica (R-7th), 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 rernoval 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 rnade 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. The President ultimately signed the bill into law on July 6, 2012. The bill 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 miles 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 deparhnents 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 tllcalde f�Fay� Government and PublicAffirirs Consulfimts Item # 25 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 biil, 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 Committee 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 (NFIP), we advised the City upon passage that the 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 F�Firy� GoverrrmeniandPubfrcAffairs Cortsultanfs Item # 25 page�7 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 frorn 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 Cornmittee, 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 af $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 reirribursement 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�Fa,s�� GovernmentQndPublrcAffarrs Consuliants Item # 25 page 28 Attachment number 1 \nPage 3i 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 technieal 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 fr�om 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 t�Fay� GovernmentandPublacAffaars Consuliants Item�29 5 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 fhis 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 113th Congress. Off-Shore Drilling 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, includ'u1g: 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�� GoverramentandPublicAffaars Consultarrts Item # 25 page 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 departrnents 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 mernbers, as well as their staff; about potential legislative salutions to this issue. As the 113�' 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 .4lcalde f�Fa,r�� GovernmentaradPublicAffairs Consulfants Item # 25 p�ge 31 Attachment number 1 \nPage 3; with an "initial response" that fails to indicate whether the rule has or will be approved. C) The qualif�ied Respondent shall be able to effectively communicate City Council policy positions to Congress, the Administration, and fec�eral agencies. This will include scheduling meei'ings 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 prograrns 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 rnemoranda 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 becornes the case, we will work collaboratively with the City to Alcalde &Fay� Gdvernmeni and PublicAffairs Consultants Ite�mge#� 25 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 the process. D) The qualified Respondent shall be able to provide timely information and advice on federal funding 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 �icnding for programs that complement the goals and objectives of the City Council. The Respondent should be prepared to su�rport 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 ernphasis 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 Lo�al 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�y� GovernmerriandPublicAffairs Consuliants Item # 25 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 opportunities; ■ 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 c�Fa�� Governmentar�dPublic/ff'airs Consultants Ite�ge#�425 Attachment number 1 \nPage 3i E) The qualified Respvndent shall be able tv work in cvnjunction 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 qualified Respondent shall be able to review and provide advice on development of the City of Clearwater'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 &Fa,�� Governmenf and PublicAffairs Consulianis Ite�m�# 25 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-construetion aetivities inciude construction, reeonst�uction, - 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 106t'' 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 &Firy� GavernmentqndPublicAffairs Consultarrts Ite��mge#��5 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" Initiai-ive. ✓$2,850,000 for water and wastewater infrastructure improvements. Developing & Implementing 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 &Fir,r/� Goverr�mentandPublicAffairs Consuliants Ite�mge#��25 Attachment number 1 \nPage 3! The process would start imnlediately 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 acconlplishing 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. T`hese updates typically include: an analysis of the Administration's budget priorities for a given fiscal year; analysis of the Alcalde �Fay� GovernmentandPublicAffairs Consultants Ite�m�e#�s25 Attachment number 1 \nPage 4i 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 that 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 the 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 agenda. 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 nrovosal. 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 remainin� fwndin� for FY 2013 as expiration of the six- Alcalde &Fay� Gaver�amenf andPu6licAffairs Consulfants �8e 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. ■-Contir�.ue advocac.yon- behalf af the City's priorities as the FY 2�14 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 20151egislative 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 &F�y � Governmeni gnd PublicAffirirs Consultqnts � t�e 4025 The following tasks are Time Period'� january 2013 - December 2013 Attachment number 1 \nPage 4; ing the entire 12 months: Action Items ■ Monitor, advocate for/against, and provide regular updates regarding federal legislation and regulations that may affect Clearwate�'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 1klonitoring, Prospecting and Grant Alerts: customized grant prospecting reports and biweekly alerts; strategies for maximizing all available funding streams; and feasibility assessments of open grant opportunities. -- o Grant Praject Managemerrt/Blueprint D�velopment: detailed overview of the grant solicitation; framework for the grant construction process; and breakdown of the responsibilities of all parties involved. o Grant Writing/Proposal 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 &Fir,r/� GoverrrmentandPublicAffqirs Consulfarrts Ite�mg #125 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 Mexr�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 MCBETH, PROPOSED T'EtllVl �EADER Danielle McBeth, Partner, and a 14-year member of the Client Team, is a seasoned goverrunent 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 yoLUlgest African-American woman to become a Partner in one of the oldest independent goverrunent affairs and consulting firms in our nation'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. Alcqlde f�Fay� GovernmenfandPublicAffrn'rs Consultanis Ite�mge# 25 Attachment number 1 \nPage 4- Prior to joining t11e 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, coord'ulating 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 - -- - Presider�t-of- the-V1F�shi�tgton -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 foremost global environmental 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 Climate 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 &Fa,r�� GazaernmenE�ndPublicAffairs Consulianis �t �8 ��5 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 more than 22,000 acres of parkland, athletic facilities, and cultural and natural resources in Fairfax County, Virginia. He is also C1lairman Erneritus 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 Lyrnphoma Society since 1993, raising rnillions 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 Northern V-i�ginians of the -Year -irr 2012 b� Northern Virginia-Maga2ine. A media trained spokesperson, Mr. Fay has appeared on "Nightline" and "Crossfire' televisions shows, and has done numerous radio and TV 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 (1977), and received his law degree from the American University Washington College of Law (1981). I,.l�. "SKIP" BAFALI3, PARTNER L.A. "Skip" Bafalis, Partner, and 14-year Client Team Member, is a former five-terrn Republican Congressman from Florida and a former norninee 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 rnernber of the Ways and Means Committee, an act-ive member of the Trade Subcommittee and the Ranking Member of the Public Assistance & Unemployment Compensation Subcornmittee. 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 c`�Fay� Government�rdPublicAffairs Consultants Itpg #425 Attachment number 1 \nPage 4i 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 in 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. PL�RRIN BADINI, ASSOCIATE Perrin Badini, Associate, and two-year Client Team Member, warks on beh�l# of many of Alcalde &- Fay's munici�al -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 "" A" � 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 f�F�y� GovernmenfqndPublicAff�irs Consulfirnts Itpg #4525 Attachment number 1 \nPage 4 FIIZM 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 Commuilications Corporate Advisory Board; ➢ Council on Foreign Relations; ➢ Fairfax (VA) Symphony; ➢ Greater Miami Aviation Association; Heritage Hunt assic Boar - o 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. Alcalde faFay� GovernmentandPublicAffairs Corrsulfants Item # 25 pa8e 46 Attachment number 1 \nPage 4� Alcalde f�Fa�� Govemr�reni and PublicAffairs Consultants � t pmag�4� 5 Attachment number 1 \nPage 4! ALCALDE & FAY, LTD. FINANCIAL STATEMENTS DECEMBER 31, 2011 Item # 25 � Pike, SUite 400 yille, l�aryland 20852 : 301:.�89:9(�00 �01.589,5464 �� Geriif'r$d Pub{ie Acea.untants T1�IDE�`ENDEN"I' ACGtpiJNT'A.�dTS' RE'VI�W �:E��?�;'� TT�:? T�E BC7A� QF �II�C'�CiRS AL�ALD� 8i FA.Y, LTD. AF�LL�I�T4N, VII�.GINIA Attachment number 1 \nPage 5i doseph �. Speicher, G.Rfi f;: Bruce �ucha��n, �Pk ��n-A, :E3e[gamini,;C(�A t3avid Flinchu�t,.GPA GcegQr� �. Stiveeney, �I�A � h�ve reuiewed the accamp�tn�ing �alanee she�ts af A.lcal�ie ��`ay, Ltd. as �f` I)et�r��x 31, �Q� 1 d 20��, and ihe rel�ted �t�t�rn�nts ��%ncorn� and r�t�:i�d d��2t �nd ca�h flnr,uss �or thh� �� fiben ��d. �1 review includes p�irnarily a�plying atisl�tic.�l pr!��edure� tc� ma�a��z�eni's ;�an�ial da� and �€irig inquiries a� C�mpany rn�nag�rn�:rit. � revie� is sub�#�n��ll� l�ss i� sc�p�: tii�a�x an �udi�; th� j�etz�e �� which is the e�pr�ssic�n af an o�i�ion regardir�g the �na��l ��ernents a� a wh�l�. ��a�dingly,–w� do r��t expx�� such-� opit�i€�n�---_ — _ _ ---- � - --- - -- �gemer�t is respvnsible for the preparation of th� financial s�tements in accc�rdance wi�h unt%n� principles g�n�rally accepted i� the United States of America and tor tiesigt��ng, ernenting, �nd maintair�ing int�rnai control relevant to the pr�par�tion and f�ar pi�esen��n of th� �cial �t�;tements, respt�nsibility is to conduct the review in accordance with �he �tat�m�nts �sz� �Canci�ards for �unting and Revi��v �ervice� issued by the Am��ic2� In�titute af Gerti�ed �'uYslic Accc�unt�ats. � sta�dards requixe us ta p�erfoz�m prQeedures to abtain li�ited assurar�ce tt�t there are t�u rr�at�riai fications tliat sh�ruld b� rnade to the financial statezn�n#s, V�� believ� that th� r��il�� t�f' our _ idure� pra�ide a reasona�il� basis for �ur r�gart. �a�ed on our review, we are not ��vare of any material mr�dificatio�� tha:# should be ma�� tt� the accc�mpanyirig financi�I st�ternenis in order for them to tae an canfor�ity with a�count%ng p�r�.e�pl�s �enerally accepted in tI�e Ur�ited States af Ameri�a. �� ,..�� BERLII�+i, RAl�1C}� & Ct`�M A' Y, P.A. 1VI��i 15, 20 i 2 P�ge 1 af 1U Pages B e r I i n, R a m o s & � a m p a n y, P. A Item # 25 ALCALDE FAY, LTD. BALANCESHEETS (See Independent Accountants' Review Report} ASSETS CURRENT ASSETS Accounts Receivable TOTAL CURRENT ASSETS FIXBD ASSETS O�ce Furniture, Equipment and Automobiles Accutnulated 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 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' EQUITY CURRENT LIABILITIES Accounts Payable Payroll Taxes Withholding Payable Notes Payable - Current Portion Cash Drawn in Excess of Available Funds Unearned Income Income Taxes Payable TOTAL CURRENT LIABILITIES OTHER LIABILITIES Notes Payable - Noncurrent Portion Security Deposits TOTAL OTHER LIABILITIES TOTAL LIABILITIES STOCKHOLDERS' 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 ]01,625 550,136 686,625 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 # 25 i Attachment number 1 \nPage 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 'FOTAL 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) OFFICERS' SALARIES NET INCOME (LOSS) BEFORE INCOME TAXES FOR THE YEARS ENDED DECEMBER 31, 2011 2010 $ 10,572,979 $ 10,818,613 4,453,795 5,057,498 1,573,705 1,771,882 765,962 755,011 277,427 247,824 251,949 308,812 168,987 177,461 143,668 163,662 --- -_72,2-0_4_-- - - -- �6,348 _ ----. - 66,583 63,264 48,523 60,511 44,100 17,865 25,928 24,009 25,773 20,136 11,984 124,000 4,086 7,702 545 7,695 7,935,219 8,873,680 2,637,760 1,944,933 158,215 41,058 114,894 53,600 12,089 16,864 (4,220) (12,398) (54,791) (38,247) 213,789 73,275 2,742,494 2,443,890 $ 109,055 $ (425,682) The accompanying notes are an integra! part of this statement. Page 3 of 10 Pages Item # 25 Attachment number 1 \nPage 5i 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) (817,27b) (391,594) $ (759,854) $ (817,276) The accompanying notes are an integral part of this statement. Page 4 of 10 Pages Item # 25 i ALCALDE FAY, LTD. STATEMENTS OF CASH FLOW (See Independent Accountants Review Report) CASH FLOWS FROM OPERATING ACTIV[TIES Net Income (Loss) Adjustments to Reconcile Net Income to Net Cash Provided (Used) by Operating Activities: Depreciation and Amortization Net Loss on Sale of Automobiles Changes in Assets and Liabitities: Accounts Receivable lncome Taxes Payable Uneamed lncome Prepaid Expenses _ Pay_roll Withholdin�s Payable Investment in Technology International Accounts Payable NET CASH PROVIDED/(USED) BY OPERATING ACTIVITIES CASH FLOWS FROM INVESTING ACTIVITIES Proceeds from Sale of Automobiles Net (Increase) Decrease in Loans to Stockholders Purchase of Fixed Assets NET CASH PROV1DED/(USED) BY INVESTING ACTIVITiES CASH FLOWS FROM FMANCING ACTIVITIES Loan Proceeds Acquisition of Treasury Stock Loan Curtailments NET CASH PROVIDED/(USED) BY FINANCING ACT[VITIES NET INCREASE (DECREASE) IN CASH CASH - BEGINNING CASH - ENDING SUPPLEMENTAL DISCLOSURES OF CASH FLOW INFORMATION: Cash Paid During the Year for Interest Attachment number 1 \nPage 5- FOR THE YEARS ENDED DECEMBER 3l, 2011 2010 � $ 57,422 $ (425,682) 48,523 60,511 12,398 335,515 14,110 47,550 (1,668) 38,304 19,779 5,083 64,665 4,513 (27,183) 4,221 (237,068) 170,052 316,461 (125,416) 61,185 (47,942) 152,465 (122,429) (25,374) (109,1 S6) 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 # 25 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 Operaiions - 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 nit��ion - For financial reporting, the company recognizes income and expenses on e acerua met��f ac oc un ing. Und�r-th'rs�netkod,-revenue-is-reeogrii�ed-�vhen— , 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 vazious mazket 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 # 25 Attachment number 1 \nPage 5i ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 2011 NOTES TO FINANCIAL STATEMENTS �CONTINUED� NOTE 2- RELATED PARTY TR.ANSACTIONS (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 $4�4U;98�-Monthl�-�ayrne�ts-of�8,0�57-sor�ence-on Jan- uary�0�01 �,—�44�983 $ . 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 # 25 � 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 3,20Q 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 bonowed $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 $4•9,000 and $49,OOQ for 2011 and 2010, respectively. The Company has made contributions to the ESOP and has paid dividends on the ESOP stock. The 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 # 25 ALCALDE & FAY, LTD. (See Independent Accountants' Review Report) DECEMBER 31, 2011 NOTES TO FINANCIAL STATEMENTS (CONTINUEDI 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 alloc— ate�ic - ot - partici�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. Payrnents under these leases currently total $5,498 per month. Page 9 of 10 Pages Item # 25 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 0 $ 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 # 25 Attachment number 1 \nPage 6i 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, Alealde & 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 $2,000 annually. Reimbursement is based on actual expenses with no administrative overhead applied. In addition, other partners and associates of Alcalde & Fay may be utilized on an as- needed basis, to complement the efforts of our Clearwater client team when such efforts would benefit the client. There will be no additional charge for such work if we are selected to work on a monthly retainer basis. 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Item # 25 Attachment number 1 \nPage 6: �I.CALD� +$� �1�� RG��A.�'i��I.�L ��T �b�s�c�n � C�(� f�ect�ir Alcalde L�1. `"5�ip:� B�lis Ta�d� II�csx�i ... .� �� d • - y. �,s e• r s a '.i. +�±:'.. P'r�s�t I�vsr�: F�� Ia��a�,g �is��.r 1^3ancp P"�cs�itt �f • . i . � �. x s � t . # � e r � , , � w .. . . r �i� Is��n F�athg )ut�o-l#��a.uso� �fsu�ce I�a�ad ��iT�S%C�E � 11�atS l�'�e11e fidc� P��u B��1Y � �ers� I�acole $��t�s 'I`race �1tec � Cu�ther Ta4�u�a. �ze�iga Ci�rlr�ttG H�cir � � fia�f � . �y. •s* r.• - •a�c , e ai .x.� - .♦ $�Y A.dt.�ir��s�-rc�taue 5��+��tt � , . ..- e t •s �: - . . :� fl. a. e ��. �. f W �� R s� y� 4 . a � � �rty* ��'e��t�r G'�i�t �"e�e� �, c- «.:� - i s : B a a A ._ ��rr� " � : ... .��< Item # 25 Attachment number 1 \nPage 6i AL�r�C.U� & FaAY �i��%l3RNM�Pg'T dti. PEe8L6C FIFFA.IRS C4N'SR7L?hdrtl'$ May 17, 2012 MEMORANDUM To: Rosernarie Call FROM: Danielle McBeth Perrin Badini SusJECT: 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), entided "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 Democrats, 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 conferenee 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 compromise 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 2l1 [ Wit.SON BoULEVpRO 87H E�.00e AH�iHCrotv, VA 32201 Pii (703) 831-0626 Fnx (703) 243-2S7a Item # 25 Attachment number 1 \nPage p percent cut to affected programs. Although the triggers cio 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 Committee assigned to achieve a specific arnount. Each of the House Committees has until April 27, 2012 to submit their recommendations to the Budget Committee, 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 urilikely 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 �ffice of Management and Budget on Febnxary 21, 2012. According to the EPA and the Corps, the guidance is meant to clarify what waters fall under federal jurisdiction by modifying t11e "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 Inj�i�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 # 25 page2of13 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 rougrily 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 prajects. 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 # 25 page 3 of 13 Attachment number 1 \nPage 6� 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-7�") 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 11e 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 # 25 page 4 of 13 Attachment number 1 \nPage 7i 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-re.cess 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 Meniber 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 (IZ-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-WV) 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 # 25 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-VW) 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 Envixonmental 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. The 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, alzd 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 administrative 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 # 25 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 Cornmittee 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 highlights 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 Horneland 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 FirstNeYs 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 governrnental 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. T11e 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 stateJlocal level." Mr. Boley provided the below tirneline for the process of a State decision on this issue: Item # 25 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 sovereignt� 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 Opportunities Item # 25 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 improvernents to the Capitol Theater. These grant opporturuties are highlighted below along with a state grant opporturuty supporting Total Maxirnum 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 Projecfs. 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 Project 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 prograrn information, visit: htt�://www.florida-arts.or�/�rograms/. Item # 25 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.sta�eQd�os.m�florida.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, Culhire 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.myflorida.com. Total Maxi.mum Daily Loads (TMDL) Water Quality Restoration Grants Annuallv, the Florida state legislature �ovides funding 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. Elig:ible 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 # 25 page 10 of 13 Attachment number 1 \nPage 7I 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-terrn 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 Banking 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 sponsor 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 Committee'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 # 25 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 Sudget 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 reauthorizin�pro�ram 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 ultimately 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 # 25 page 12 of 13 Attachment number 1 \nPage 7� If we may answer any questions or provide additional information, please do not hesitate to contact us. Item # 25 page 13 of 13 Attachment number 1 \nPage 7! ALCALDE BL FAY GOVERNMENT & PUBLIC AFFAIRS CONSULTAN'IS Novernber 8, 2012 MEMORANDUM To: Rosemarie Call From: Danielle McBeth Perrin Badini Subject: Election 2012 Analysis EXECUTIVE BRANCH President Baracic Obama won a second terrn of office Tuesday night, garnering 303 electoral votes, exceeding the minirnum 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 Romne�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�5 2I I! WILSON BOULEVq{tD S'I'H FLOOR ARLING"fON, VA 2??.OI PH (i0:i) $41-Ob?(s f'A% (7O_i) �43-?$1J Attachment number 1 \nPage 8i 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 18� 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 25� . 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-9th); Trey Radel (R-19�); Patrick Murphy (D-18th); and Lois Frankel (D-22nd�. Florida Congressional Delegation,113� 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 page 2 of 5 Item # 25 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. T'he 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. SENATE While Senate Republicans won the Nebraska Senate seat vacated by retiring Democratic 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 Inde endent 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, 2�12 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 reachulg 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 page 3 of 5 Item # 25 Attachment number 1 \nPage 8; catalyst for - major solutions, enacted in 2013 that begin to solve the problem." It remains 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 wikh 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 215t 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 speeific 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 # 25 Attachment number 1 \nPage 8; ➢ ji7Zii7.2gYattO�t 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. ➢ Climate 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 t11e 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 # 25 Attachment number 1 \nPage 8- ALCALDE & FAY . • �. � . � . r � � � , �9� �� ' � .:� � �- �`'�� '� � � � °� � a; � a ��; � ;�_, � � : �� ., � � � .. �� < ' ��'� �� New in this issue: De�artment of Agriculture ➢ National Institute of Food and Agriculture Community Food Projects Competitive Grant Program De�artment of Cornmerce ➢ National Oceanic and Atmospheric Administration: FY 2013 Coastal Resilience Networks Ins i e o useum an ti 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 infortnatian can be found here. Item # 25 Attachment number 1 \nPage 8: ➢ Community Anchors: 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. Eligibie 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 Applicatian Deadline January 15, 2013 Application information can be found here. Program information can be found here. For fizrther information, please contact Helen Wechsler, Supervisory Grants Management Specialist, by telephone at (202) 653-4779 or via email, hwechsler@imis�ov. 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 sharing of resources. Grants are awarded in the following categories: ➢ Learning Experiences: Projects should deliver audience-focused programs and services for lifelong leaming in formal or informal settings. ➢ Community Anchors: 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 # 25 Attachment number 1 \nPage 8i 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 articulate 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 inforntation can be found here. Program Infortnation 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) trust 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 # 25 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). ➢ O�eration 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 Deadiine Application deadlines vary by program. Contact your respective State Administering Agency (SAA) for specific program and eligibility requirements. Apylication 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�FEI�I�I�azarc�lbfitigatiorr�ssist�ne�(I��A�j-P�egra�rp�o-�ic�e�€ede�al-€tzac�ir�g��de�fo�r s�par-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 FEIVIA'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 Pmgram 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 # 25 Attachment number 1 \nPage 8� For further program information, contact Mary Striegel by telephone at (318} 356-7444 or via email, mar� 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. Applicatiorc 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@epa.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 mntrol 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 # 25 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., festivals, 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 edueation. 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 sigru icant scale an impact. grants require a non e era mat o at east to . atc ing funds that are proposed but not yet committed at the time of the application deadline rnay 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 participaiion; 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, tawnship, 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 # 25 Attachment number 1 \nPage 9i ➢ Implementation of new digital modes of scholarly communication that facilitate peer review, collaboration, or the dissemination of humanities scholarship for various audiences. Eiigible 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 institutians 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 Appiication and program information can be found here. For fixrther 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 The 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 leazning 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. Applieation Deadline December 4, 2012 Application and Program inforntation 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 # 25 Attachment number 2 \nPage 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CLEARWATER, FLORIDA AND ALCALDE & FAY, LTD. T he folbw ng � an �r�n �t ("A gr�n ��' ) betrn� � the C�.y o f C�iw at�r, Fbri�a, herenafter � ts� as "C TI'Y " and the �n of A kal�e & Fay, Lt� ., a V agna cpzporatun,herenafter� to as "A& F" m�eth�152 dayofJanuary, 2013 . W H E R E A S, A& F pzova�es pzo �nal � n the � o f govemm �t and public affa�s nclzdng Y��t�re proc�ure and �ultr�zy proc�, publ� po7iy, fe�eral appzop�t�ns, and g�mtprogr�n s�m ni�re� by the Fe�er�1G ovemm �t; and W HEREAS,theCII'Y d�ns�n the�b�t� w�h � n the � o f govemm �tand public �ultozYPzoct�, Public po7�cy� fe�era7-�1�zoP� by the Fe�eralG ovemm azt NOW ,THEREFORE,n pa�hereto �r� as folbw s: PART I. - SPECIFI A. PROFESSIDNAL SERVIC� as �u� , on govemm �t �ultozy proct�, publ� adm n� bY the Fe�eralG 1. C oozdnatng C �i�n and Fe�eral�c� 2 , ' D �zebpng � P�� and p� 3 . M a�ta��g,. cx and 4 . ' A dvocat�g C n�y. B . PAYM EN T`;Thepazt ts� cpm p�sate fQr A F m onth�y retaner-�al A&F. 's s; m utiaal pby A& F to pzov�e C ITY izg Y��t6repzoc�ureand �C1tTJYCXXJ�Tl S c�TTl �1� here�, the E PRO V ID E;D : A& F w i� cbn�7t and �r�, b� affa�s �c�.idng ��t6re proc�ure and f�era7- apl�zop�ta�ns, and g�mt progr�n s �t, nc3ad'ng butnQt 7in � to : �.ztho�at�ns, appzopri�tuns, g�mtpropo�, � w�h the U n� States C ongres� and axin �e fe�eral �urc�s for C II'Y 's �h key Un� States S�atozs and R��ztat6res; n� ts� the fe�eral d�aztr.n �ts and �c�s as �have det�mz ne� them ostef�c�tand �nom '^��lm ethod F's � ts� be pzova�s� is by a m onth�y retaner. The be d�n e� a�me� by A& F upon C II'Y beng nvo� by (i) M O N T H LY R E TA IN E R: A& F S cpm p�sat�n for the � prov�s� he�nder �a� be $4 p00 DO per m onth . A& F�a71 �.�n � the m onth�y $4p00 DO f� nvoi� at the �st of e�ch m onth, bs�i�nng on �uazy 1, 2013. (ii� OUT-0F�OCKET EXPENSES: The CII'Y �a� re�inbu� A&F for ��nab� out� f�ocket �z�s n� n cpnn�n w�h the A& F S w o� at actraal cpst. E x�z�s that are to be rein bu� nc7ude, but are not Item # 25 Attachment number 2 \nPage 2 lin � to phots�cppyng, postage, t��phone, del�rery, and t��py chazges. E xp��s w i� be reirt bu� ts� A& F on a m onth�y basis, not ts� exct� $100 DO . A IL travel�z�s w�1lbe ncun� on�y �lbw ng appzovalby the C TI'Y , and w�7lnotexc� $2 p00 DO annual�y. PART II - GENERAI. PROVISIONS A. C O O PE RA T ID N: C TI'Y w�1l cboperate, part�c�pate n m�tngs, and pzovi�e any nfo�n atun and doa�n a�tat�n as m ay be �nab�y �u� by A& F to �ab� A& F ts� provz3epro�nal�. B. 5`I'A TU S O F A& F: The pa-et�s nt�d thatA & F, n pee��n ng ��, �a�act as an nd�zd�t cpn�r and �a�have cpntio l o f the w o� and the m anner n w h�ch �� perF��n e� . A& F is not to be cpns�eeEd an ag�t or an pb� o f C IT Y and is not �t�� ts� part��pate n any p�sa�n pY-.m, �q �r�nc�, bonus or sin ilr b�ef� C ITY pzova�es � an pby�s. C. METHOD AND PLACE OFGNING NOTICE,SUBMII'TING BILLSAND M A K IN G PA Y M E N T S: A 71 no�, b�77, and paym �ts �aI1 be m ade n w r�g and m ay be g�r� by ��tron� m ai7, U S. m ailorpe�naldel�rery. N oti�s, bi� and paym �ts �tbym a��oul� be �dr� as folbw s: CII'Y: W ILLIAM B.HORNE,II,CII'YMANAGER CII'Y 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 ARLINGTON,VA 22201 (703) 841-0626 D. N O N� ISC R IM IN A T ID N: A& F�a71 cpm p�r w�h aI1 app7�ab� fe��eal, state and bc�l � s, nl�s and �ul�tuns n�azd ts� nondi�n nat�n n an pbym �t b�� of r�, cpbr, anc�y, nat�nal o�z, rPl�,mn, �x, age, m ar�il statras, m �alcpnd�n, orphy�_alorm �taldi�ab�. E. COMPLIANCE:A&F andCII'Y �a�cpmp�rw�h theLobbyngDi�b�eAct and alLan �dm �ts and the H onestLe�de��p and O p� G ovemm �tA ctof 2007 . F. TERM OFAGREEMENT:ThisAgr�n�t�a�b�romee�reJanuary1,2013 and �a71 �d on December 31, 2018 . E�her pazty m ay t�n nate th� Agr�n �t pr�r ts� the exp�-atun upon 30 day's w� noti� by e�herpart.y w�h orw �hout c��.Them onth�yf��aIlbepzorat� to thedateof�n natun. G. JCT R I5D IC T ID N: This A gr�n �t and pe�En�2n anc� he�nder and aIl �� and ��alpzoc�ings he�nder �alLbe cpns�us� n acr��c� w�h the � s of the StateofFbri�a.In �d�n, n ��alproc�ingsorotherpzoc�l�gsthatm aybe bzought a�zg out o f, n cpnn�t�n w�h, or by ��n o f this A gr�n �t, the � s pa�e2 of3 Item # 25 Attachment number 2 \nPage 3 of the State of Fbri�a �aIlbe app7�b� and �a7lgovem to the exch�n of the � ofanyotherfonam . H. ATTO RNEY S FEES; CO 5`I'S; VENUE : In the �tthatanypaztyhereto �a� b�g an �n or pzo�ng for an al�s� b�h of any pzovi�n of this A gr�n �t, the P�ng Party �alLbe �t�� ts� �ver, as part o f�ch act�n or pzoc�ing, ��nab� attomeyS f�s, para�a7_ f�s, and cpurt cpsts at both �l and appeIl�te l�rels. For the puzpo� of any ��, �n orpro��g arisng outof or rel t�g to this A gr�n �t, the pa� her�y cpn�tand ag� to the j�ti�n and v�ue of PneIl�sC ounty, Fbri�a. EN TIRE AG REEM EN T:Th�Agr�n �tcpn�t�sthe�t�eagr�n �tbe�� the partt�s and �pe�es a71 pr�r oral or w� agr�n �ts. N o w a�rer, m odifr�at�ns, add�ns or add�dum to th� A gr�n �t �a� be vali� un� n w�g and �s� by both the A& F and C II'Y . Th� A gr�n �tm ay be �zde� bym utiaal�r�n �t IN W ITN E SS W H E RE O F, the pa� hereto have c�� th� A gr�n �t to be ex�t� this152 dayofJanuary, 2013 . ATTES`I' : W ITNESSES: CII'Y O F CLEARW ATER,FLO RIDA � ALCALDE & FAY,LTD . � pa�e3 of3 Item # 25 Attachment number 3 \nPage 1 AGREEMENT FOR PR�FESSIONAL SERVICES BETWEEN THE CITY OF CLEARWATER, FLORIDA AND ALCALDE & FAY, LTD. The following is an agreement ("Agreement") between the City of Clearwater, Florida, hereinafter referred to as"QTY" and the fir�n of Alcalde & Fay, Ltd., a Virginia corporation, hereinafter referred to as "A&F" made this 1S` day of January, 2013. WHEREAS, A&F provides professional services in the field of government and public affaus including legislative procedure and regulatory processes, public policy, fede�al appropriations, and grant programs administered by the Federal Government; and WHEREI�S, the QTY deems it in their best interest to em�loy A&F to provide QTY with services in the field of government and public affairs ulcluci�ng legislative procedure and regulatary processes, public policy, federal appropriations, and grant programs administered by the Federal Government. N�W, TT�EREFORE, in consideratian of the mutual covenants contained herein, the parties hereto agree as follaws: PART I - SPECIFIC PROVISIONS A. PROFESSIONAL SERVIC�S TO BE PROVIDED: A&F will consult and advise, as requested, on government and public affairs including legislative procedure and regulatory processes, public policy, federal appropriations, and grant programs administered by the Federal Government, including but not limited to: 1. Coordinating �TY's federal authorizations, appropriations, g�ant praposals, legislation and policy related activities with the United States Congress and Federal agencies; 2. Developing strategies to obtain and ma.xim.ize federal resources for QTY's projects and programs; 3. Maintaining contacts with key United States Senators and Representatives; and 4. Advocating QTY interests to the federal departments and agencies as necessary. B. PAYlVIENT: The parties have detemlined the most efficient and economical method to compensate for A&F's services to be provided is by a monthly retainer. The monthly retainer shall be deemed earned by A&F upon CITY being invoiced by A&F. (� MON'I'F-II.Y RETAINER A&.�'s compensation for the services provided hereunder shall be $4,000.�0 per month. A&F shall submit the monthly $4,000.00 fee invoice at the first of each month, beginning on January 1, 2013. {u� OUI' OF-POC;KET EXI'ENSES: The QTY shall reimburse A&F for reasonable out-of-pocket e�enses incurred in connection with the A&F's work at actual cost. Expenses that are to be reimbursed include, but are not Item # 25 Attachment number 3 \nPage 2 ]�mited to photocopying, postage, telephone, delivery, and telecopy charges. Expenses wi11 be reimbursed to A&F on a monthly basis, not to exceed $100.00. All travel expenses will be incurred onlyfollowing approval bythe QTY, and wiil not exceed $2,000.00 annua�y. PART II - GENERAL PR(7VISIONS A, COOPERA"ITON: QTY will coaperate, participate in meetings, and provide any inforn�atian and documentation as may be reasonably requeste� by A&F to enable A&F to provide professional services. B. STA1"US OF A&F: The parties intend that A&F, in perfornling its services, shall act as an independent contr�ctor and shall have control of the work and the manner in which it is performed. 11&F is not to be considered an agent ar employee of QTY and is not entitled to participate in any pension plan, instuance, bonus or similar benefits QTY provides its employees. C. METHOD AND PLACE OF GIVING NOTIC,'E, SUBMITTiNG BILLS AND MAKING PAYMEl`1TS: All notices, bill, and payments shall be made in writing and may be given by electronic mail, U S. mail or personal delivery: I`Jotices, bills and payments sent by mail should be addressed as follows: QTY: WILLIAM B. HORNE, II, QTY I1�IANAGER QTY OF Q,EARWATER, FLORIDA 112 S. OSCEOLA AVENUE Q.EAR�ATER, FL 33756 A8�F: ALCALDE c� FAY, LTD. 2111 WILS ON BOLTLE V1�RD, 8� 3 FLOQR ARLINGTON, VA 22201 (703) 841-0626 D. NON DISGRIMINATION: A&F shall comply with all a�plicable federal, state and �ocal laws, rules and regulations i�z regard to nondiscnmmation in employment because of race, color, ancestry, national ori� gin, religion, sex, age, marital status, mec�ical conc�ition, or physical ar mental disability. E. CtJMI'LIANCE: A&F and QTY shall comply with the Lobbying Disclosure Act and all amendments and the Honest Leadership and Open Government Act of 2007. F. TERM OF AGREEMENT: This Agreement shall become effective January 1, 2013 and sha�l end on Decernber 31, 2018. Either party may tetminate this Agreement prior to the expiraxian upon 30 day's written notice by either �aarty w�th or without cause. The monthly fee shall be prorated to the date of termination. G. JURISDIC,"ITON: This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State o} Florida. In addition, in special proceedings or other proceedings that may be brought arising out of, in connection with, or by reasan of this Agreement, the laws page 2 of 3 Item # 25 Attachment number 3 \nPage 3 of the State of Florida shall be applicable and sha11 govern to the exclusion of the law of any other fon�m. H. ATTORNEY'S FEES; COSTS; VENLTE: In the event that any party hereto shall bring an action or �roceed.ing for an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover, as part of such action or proceedin�g, reasonable attorney's fees, paralegal fees, and court costs at bath trial and ap�ellate levels. Far the purpose of any suit, action or praceeding arisin� out af or relatmg to this Agreement, the parties hereby consent and agree to the �urisdiction and venue of Pinellas County, Florida. I. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the �arties and su�ersedes all pnor oral or written agreements. No waiver, modifications, additions or addendum to thisAgr e�e�ment shall be valid unless in writing and signed by both the A&� and QTY. This Agreement may be e�tended by mutual agreement. IN WITNESS WHERE(JF, the parties hereto have caused this Agreement to be executed this 1S` day of January, 2013. �� WITNESSES: QTY OF Q.,EARWATER, FLORIDA : . . �r : , r ,�i ` � ,+� �� , � � � � r�,� � � page 3 of 3 Item # 25 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Island Estates Civic Association - Councilmember Gibson SUMMARY: Review Approval: Meeting Date:l/17/2013 Cover Memo Item # 26 CLEARWATER CITY COUNCIL � Meeting Date: � 1�,v� uu ru� ITO �,� Item # �� As stated in Council Rules, "Representatives of a group may speak for three minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum �f ten minutes." We the undersi ned desi nate �l('' /Z� �Rc� �l�5 � � g g � ease print) as our spokesperson and waive our right to speak. �� , ��_ Signature Signature Signature Signature Signature Signature Signature � ��, v�.sZ___--�� Print Name Print Name Print Name Print Name Print Name Print Name Print Name �., � �� ,,�,�1 ___�', S:IFORMS1Public Comments at Council Meeting.doc March 18, 2008 9700-0034