The URL can be used to link to this page

11/03/2005 ..~ "II! ~ . .' ~:,'... - . City Council Agenda Date: 11/03/2005 6:00 PM Location: Council Chambers - City Hall 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 (righthand 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 Introductions and Awards 5 Presentations: 5.1 Neighborhood of the Quarter Presentation 5.2 Proclamation - Community and Regional Planning Day - Nov 8, 2005 6 Approval of Minutes 6.1 October 20, 2005 7 Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 8 Administrative public hearings - Presentation of issues by City Staff - Statement of case by applicant or representative (5 min.). - Council Questions - Comments in support or opposition (3 min. per speaker or 10 min. maximum as spokesperson for others that have waived their time). - Council Questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 8.1 In compliance with Section 2.01 (d)(5) of the City Charter, declare as surplus a 1,200 square foot parcel of land, more or less, lying and being situate in the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East for the purpose of granting non-exclusive Ingress and Egress Easement thereupon to Venie W. Brinson, a single woman, to appurtenant property located at 2998 Lake Vista Drive, and authorize appropriate officials to execute same. 9 Quasi-judicial public hearings - None 10 Second Readings - public hearing 10.1 Continue adoption of Ordinance 7459-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to change the land use designation for certain real property whose post office address is 137 Fernwood Avenue from Institutional to Residential Medium to December 1, 2005. 10.2 Continue adoption of Ordinance 7460-05 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 137 Fernwood Avenue, from Institutional (I) to Medium Density Residential (MDR)to December 1, 2005. 10.3 Adopt Ordinance 7519-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to change the land use designation for certain real property whose post office address is 1532 South Highland Avenue and a portion of 1536 South Highland Avenue from Residential Low to Residential/Office General. 10.4 Adopt Ordinance 7520-05 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 1532 South Highland Avenue from Low Medium Density Residential (LMDR) to Office (0). 10.5 Adopt Ordinance 7521-05 on second reading, annexing certain real property whose post office address is 3137 San Jose Street, into the corporate boundaries of the city, and redefining the boundary lines of the city to include said addition. 10.6 Adopt Ordinance 7522-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3137 San Jose Street upon annexation into the City of Clearwater, as Residential Urban. 10.7 Adopt Ordinance 7523-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3137 San Jose Street, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). 10.8 Adopt Ordinance 7527-05 on second reading annexing certain real property whose post office address is 1715 Keene Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.9 Adopt Ordinance 7528-05 on second reading amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1715 Keene Road upon annexation into the City of Clearwater as Industrial Limited. 10.10 Adopt Ordinance 7529-05 on second reading amending the zoning atlas of the city by zoning certain real property whose post office address is 1715 Keene Road, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). 10.11 Adopt Ordinance 7530-05 on second reading, annexing certain real property whose post office address is 1932 Summit Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 10.12 Adopt Ordinance 7531-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1932 Summit Drive, upon annexation into the City of Clearwater, as Residential Low (RL). 10.13 Adopt Ordinance 7532-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1932 Summit Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 10.14 Adopt Ordinance 7534-05 on second reading, annexing certain real property whose post office address is 2275 McMullen Booth Road into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 10.15 Adopt Ordinance 7535-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2275 McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Suburban (RS). 10.16 Adopt Ordinance 7536-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2275 McMullen Booth Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). 10.17 Adopt Ordinance 7539-05 on second reading, vacating the five-foot sidewalk easement lying along the east property lines of Lots 126 and 127, Lloyd White Skinner subdivision. 10.18 Adopt Ordinance 7540-05 on second reading, vacating the 60-foot drainage and utility easement retained over the vacated right-of-way of Pine Street located along the south platted property lines of Lots 6 through 10, inclusive, Block 21, Magnolia Park. 10.19 Adopt Ordinance 7542-05 on second reading, amending Chapter 22, Section 22.33, Code of Ordinances, to authorize a defined area for skim boards and surf boards on Clearwater public beach. City Manager Reports 11 Consent Agenda 11.1 Declare the list of exercise equipment surplus to the needs of the City and authorize disposal through donation to a Clearwater school, other Fire Department or non-profit organization located in Pinellas County. (consent) 11.2 Approve a Second Amendment to Agreement, Amended & Re-stated Gas Supply and Transportation Agreement, and the Florida Public Service Commission (FPSC) Joint Petition with TECO Peoples Gas System, providing for the transfer of 18 square miles of territory in Central Pasco to Clearwater Gas System (CGS), clarification of applicable rate structure, and CGS service rights along both sides of all boundary roads within the Pasco County territory, and authorize the appropriate officials to execute same. (consent) 11.3 Accept grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $219,839 for funding of three teen programs and two middle-school aged summer camp programs and authorize the appropriate officials to execute same. (consent) 11.4 Approve First Amendment to the Facility Use Agreement between the City and PACT, Inc., a not-for-profit corporation, to provide for the management and operation of the Clearwater Chorus by the Marcia P. Hoffman Institute for a term expiring in 2031 as in the original agreement, authorize the appropriate officials to execute same and approve the first year funding of $20,000. (consent) 11.5 Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund, for a two year term expiring on November 1,2007. (consent) 11.6 Approve a Non-Dwelling Lease Agreement with Court Development Associates LLC by JSA Associates LP its Managing Member by DiCicco Partners LLC its General Partner" hereinafter known as Lessor, for the building located at 651 Court Street for the period November 4 through December 23, 2005 and authorize the appropriate officials to execute same. (consent) 11.7 Accept a Drainage & Utility Easement containing 2065.67 square feet, more or less, over and across a portion of Lot 1, Block A, BAYSIDE SUB NO.5 conveyed by Dalton Clearwater, LLC in consideration of receipt of $1.00 and the benefits to be derived therefrom.(consent) 11.8 Approve a work order to McKim & Creed, P.A., in the amount of $347,435 for professional engineering services related to the Water Treatment Plants 1 and 3 Wellfield Expansion Project (04-0049-UT), and that the appropriate officials be authorized to execute same. (consent) 11.9 Authorize an additional amount up to $50,000 for the services of bond counsel Bryant, Miller & Olive in the consolidated case of THE CITY OF CLEARWATER, a Municipal corporation of the State of Florida, vS.THE STATE OF FLORIDA, and the Taxpayers, Property Owners, and Citizens of the City of Clearwater, including non-residents owning Property or subject to taxation therein, ANNE GARRIS AND SUZANNE BOSCHEN AND BEACHWALK RESORT, L.L.C. AND CRYSTAL BEACH CAPITAL, L.L.C. for a total of $95,000.00. (consent) 11.10 Approve the purchase from Florida Department of Transportation for 5,485 square feet of real property upon which is constructed the City of Clearwater's main radio tower for $32,910; Award a contract to M/A-COM Private Radio Systems, Inc. of Lynchburg, VA for the upgrade of the Clearwater Radio System to simulcast at a total cost of $729,348; authorize the use of $300,000 in unexpended user equipment credits provided by M/A-COM from the initial maintenance agreement; authorize the payment of the balance of $462,258 from Fleet unrestricted retained earnings, and that the appropriate officials be authorized to execute same. (consent) Purchasing 11.11 Fleet Products Inc. - Replacement vehicle parts during the period November 4, 2005 through August 11,2007, at a cost not to exceed $360,000. 11.12 Alan Jay Chevrolet Oldsmobile - 6 each Toyota Prius sedans at a cost of $124,199. 11.13 Heil Enviornmentallndustries - 3 each Heil Durapack front loader truck bodies at a cost of $202,266. 11.14 Alltel - Wireless communications service during the period October 1, 2005 through September 30,2006, at a cost not to exceed $200,000. 11.15 Great Southern Peterbilt lnc, - 3 Peterbilt cab and chassis at a cost of $292,798.71. 12 Other items on City Manager Reports 12.1 Approve a Highway Landscape Maintenance Memorandum of Agreement with the Florida Department of Transportation for the continued beautification efforts of State Road 595 right-of-way along North Fort Harrison Avenue, located between Stevenson's Creek Bridge and 80' south of the bridge, and Adopt Resolution No. 05-43 authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement. 13 City Attorney Reports 13.1 Adopt Resolution 05-48, confirming a declaration of a State of Emergency; establishing emergency procurement procedures, and establishing emergency employee work schedules beginning October 21, 2005 at 12:00 noon and ending on October 24, 2005 at 1 :00 pm due to conditions surrounding Hurricane Wilma. 13.2 Approve a settlement agreement settling the case of Anne Garris and Suzanne Boschen v. City of Clearwater, et al. 14 City Manager Verbal Reports 15 Council Discussion Items 16 Other Council Action 16.1 City Manager Salary Adjustments 16.2 City Attorney Salary Adjustments 17 Adjourn TO: FROM: SUBJECT: COPIES: DATE: ~ Clearwater u Interoffice Correspondence Sheet Mayor and Councilmembers ~ Cyndie Goudeau, City Clerk ~ Follow up from October 31,2005 Work Session William B. Horne, City Manager November 01, 2005 City Council Meeting 11-03-05: Agenda provided. Aoenda Minutes 6.1 Item 13.2 Minutes from City Council Meeting 10-20-05: Added to agenda and paperwork provided. Approve a settlement settling the case of Anne Garris & Suzanne Boschen v. City of Clearwater, et al: Item added to agenda and paperwork provided. 1 of 1 ~ flcarwater From: U //-~ nteroffice Correspondence Sheet // . Mayor and councilmembersV/':' '..;,) , / ~y/ Cyndie Goudeau, City Clerk' ~ Bill Horne, City Manager; Garry Brumback, Asst. City Manager; Rod Irwin, Asst. City Manager; Pam Akin, City Attorney To: CC: Date: November 03, 2005 RE: Revisions to Agenda Packet for November 3,2005 The following changes/additions are provided: . New Agenda - 11-03-05 - Please replace. . Item 5.2 - Proclamation for Community and Regional Planning Day 11-08-05 - Item added to agenda. . Item 10.1 - Continue adoption of ORO #7459-05 on second reading - New cover memo provided, please replace. . Item 10.2 - Continue adoption of ORO #7460-05 on second reading - New cover memo provided, please replace. . Item 11.1 - Declare the list of exercise equipment surplus to the needs of the City and authorize disposal through donation to a Clearwater school, other Fire Department or non-profit organization located in Pinellas County - New cover memo provided, please replace. . Item 11.10 - Approve the purchase from FOOT for 5, 485 sq ft of real property upon which is constructed the City of Clearwater's main radio tower for $32,910 - Item was already on the agenda but the paperwork was not provided. Memo to Council for 11-03-05 CC Mtg - revisions.doc L~ ~ ~J ~~~ 0tJ *1\ ... ~ "', JV'/ \ c/ ~ QUESTION: rh (11\ 7 C\: f\I\ ~ /1-03 -.05 What type of business does the City of Clearwater want to attract? MISSION STATEMENT: Not to impede, but support permanent businesses that abide by the many rules, codes, regulations, licenses, and infrastructure inconveniences that are faced by permanent businesses on an everyday year-round basis. ANSWER/SOLUTION: . Not allow "tent stores" to operate within the city. . Keep big box stores' merchandise in close proximity to their storefronts, not allowing "card table kiosks" out in parking lots. REASON: "Tent stores" and "big box" parking lot kiosks, have many unfair advantages over permanent stores, including, but certainly not limited to: mobility, landscaping, parking, signage and architectural integrity. Further, these tents and kiosks can operate during peak seasons only, which pulls business away from retail stores that pay taxes, abide by the mYriad of regulations and supports employees on a year round basis, during peak and slow periods of business activity. Reid Goodwin 443-1963 1 City of Clearwater Government .- Page 1 uf2 Government Browse City Department Web pages Display the City of Clearwater organizational ~hart Mission Statement View the City of Clearwater holiday schedule To provide a safe, healthy, and vibrant community to the citizens of Clearwater and a stimulating and nurturing environment for Clearwater's business community and tourists. Vision Statement Sparkling Clearwater is a uniquely beautiful, economically vibrant community that re-invests in itself and is a wonderful place to live, learn, work and play. Government Services . Clearwater Citizen's Guide . City Engineering Projects . City Public Records . Community Response Team . Economic Development and Housing . Expected Road Closures . Neighborhood Services . Permits . Occupational Licenses . Public Notices hrtp:llwww.myclearwater.com/jov/indox. asp 10/13/05 Development Review Division Pagv 1 uf 4 Hom nformation rvic ctivitie~.Government;: Employmentlsite t · City Manager · Mayor" City Council · City Departments · Codes · Public Recol City Home> Government> City Departments> Planning> Divisions> Development Review Division Planning Department Planning Home Development Review Division Code Information The Development Review Division's mission is to provide a project review framework that is flexible, predictable, and creates quality development that is compatible with the character of surrounding properties. Forms and Applications Zoning and Parcel Maps The mission of the Development Review Program is to provide a project review framework that is flexible, predictable and creates quality development compatible with the character of surrounding properties. This program is responsible for review of all new and redevelopment site plans at three levels: permit issuance, Development Review Committee (City staff) and Community Development Board review (citizen board). The Development Review Program also holds primary responsibility to provide information and training regarding the Community Development Code to citizens, neighborhood associations, realtors and professional designers. The program is responsible for tree removal permit review, tree protection during construction, and landscaping/site plan compliance after plan approval, all of which are administered through on-site inspections. The Development Review Program is assigned special projects Application Review Schedule (PDF) Department Staff Clearwater Regional Chamber of Commerce Quick Facts (Adobe Acrobat document) Page 1 of 1 OUR MISSION To enhance the business environment and promote economic health and growth in the Clearwater region. The Clearwater Regional Chamber of Commerce, established In 1922 by business leaders in downtown Clearwater, has grown to an organization of approximately 1,700 members, representing businesses throughout PinelJas County. As one of the largest chambers in the region, the Clearwater Regional Chamber uses its position to partner with other agencies, advocate business, and to assist and educate business owners. Services range from lobbying efforts to business services to economic development to tourism and visitor services to trade shows and networking opportunities. VISION STATEMENT The Chamber will be the premier Voice of Business to the Clearwater region by providing business resources and furthering the interest of our community through leadership and advocacy. JOIN THE CHAMBER To receive a membership packet and the opportunity to learn more about the Chamber from one of our membership representatives, please call 727.461.0011 or complete our Membership Inquiry Form ; Ilwww. clearwaterflorida.orglchamber/aboutus. html 10/13/05 City Council ~~ u~ AlIenda Cover Memorandum -""~~..~,~..",... ~.."' -" ~~"'"''''''''''"'~''~''''--''''' Tracking Number: 1,632 Actual Date: 11/03/2005 Subject / Recommendation: In compliance with Section 2.01(d)(5) of the City Charter, declare as surplus a 1,200 square foot parcel of land, more or less, lying and being situate in the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East for the purpose of granting non-exclusive Ingress and Egress Easement thereupon to Venie W. Brinson, a single woman, to appurtenant property located at 2998 Lake Vista Drive, and authorize appropriate officials to execute same. Summary: Venie E. Brinson owns residential property addressed at 2998 Lake Vista Drive that is surrounded on three sides by the former Friendly Village of Kapok mobile home park ("Kapok") purchased by the City in 2002. The City is completing redevelopment of the entire 37-acre Kapok parcel as a wetland restoration project and recreational habitat. The subject easement will encumber a 20' X 60' portion of the City property contiguous to Ms. Brinson's property to facilitate and continue historical access to her property as it existed prior to the redevelopment project. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Administrative public hearings Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Michael Ouillen 10-12-2005 10:24:02 Garrv Brumback 10-18-2005 15:29:58 Laura Lipowski 10-14-2005 08:50:33 Bill Horne 10-19-2005 11 :27:48 Cyndie Goudeau 10-20-2005 11:38:41 ~-\ 8. \ ~"'~ater u~ City Council Cover Memorandum Tracking Number: 1,685 Actual Date: 11/03/2005 Subject / Recommendation: Continue adoption of Ordinance 7459-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to change the land use designation for certain real property whose post office address is 137 Fernwood Avenue from Institutional to Residential Medium to December 1, 2005. Summary: Ordinance 7459-05 was passed on first reading on July 21, 2005 and sent to the Florida Department of Community Affairs for review. The DCA decided it would not formally review this ordinance. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 15:52:55 Cvndie Goudeau 11-03- 2005 11:12:20 \()~\ ORDINANCE NO. 7459-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF FERNWOOD AVENUE APPROXIMATELY 400 FEET SOUTH OF DREW STREET, CONSISTING OF LOTS, 3, 4, 5, AND 6, BLOCK F, EASTWOOD TERRACE THIRD ADDITION, TOGETHER WITH THAT PROPERTY LYING EASTERLY OF AND WITHIN 18.00 FEET THEREOF BEING SOUTH OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 3 AND BEING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6, WHOSE POST OFFICE ADDRESS IS 137 FERNWOOD AVENUE, FROM INSTITUTIONAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqorv See legal description attached hereto (LUZ2005-03004 ) From: Institutional To: Residential Medium Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Ordinance No. 7459-05 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7459-05 City Council Cover Memorandum Tracking Number: 1,686 Actual Date: 11/03/2005 Subject / Recommendation: Continue adoption of Ordinance 7460-05 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 137 Fernwood Avenue, from Institutional (I) to Medium Density Residential (MDR)to December 1, 2005. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 15:53:43 Cvndie Goudeau 11-03-2005 11:14:16 \U,d ORDINANCE NO.7 460-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF FERNWOOD AVENUE APPROXIMATELY 400 FEET SOUTH OF DREW STREET, CONSISTING OF LOTS, 3, 4, 5, AND 6, BLOCK F, EASTWOOD TERRACE THIRD ADDITION, TOGETHER WITH THAT PROPERTY LYING EASTERLY OF AND WITHIN 18.00 FEET THEREOF BEING SOUTH OF THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 3 AND BEING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 6, WHOSE POST OFFICE ADDRESS IS 137 FERNWOOD AVENUE, FROM INSTITUTIONAL (I) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zonino District See legal description attached hereto (LUZ2005-03004 ) From: Institutional (I) To: Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7459-05 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes PASSED ON FIRST READING Ordinance No. 7460-05 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7460-05 ~~ u.~ City Council ,,,,,_~genda ",~ov~"~emorand!!,!!!.,_",.""_",.,,,,,...,~..__ Tracking Number: 1,687 Actual Date: 11/03/2005 Subject I Recommendation: Adopt Ordinance 7519-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city, to change the land use designation for certain real property whose post office address is 1532 South Highland Avenue and a portion of 1536 South Highland Avenue from Residential Low to Residential/Office General. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 15:55:21 Cvndie Goudeau 10-19-2005 09:28:36 c\\-~ 10.3 ORDINANCE NO. 7519-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH HIGHLAND AVENUE, 700 FEET NORTH OF THE INTERSECTION OF BELLEAIR ROAD AND HIGHLAND AVENUE CONSISTING OF LOTS 7,8,9,10, AND 11, BLOCK B, SCOTIA HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1532 SOUTH HIGHLAND AVENUE AND A PORTION OF 1536 SOUTH HIGHLAND AVENUE, FROM RESIDENTIAL LOW TO RESIDENTIAUOFFICE GENERAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Lots 7,8,9,10, and 11, Block B, Scotia Heights, according to map or plat thereof as recorded in Plat Book 10, Page 10, Public Records of Pinellas County, Florida (LUZ2005-05009) Land Use Cateoorv From: Residential Low To: Residential/Office General Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7519-05 ~.h! Cl.~ City Council ___,~"".~gend_!_Co~.~..~...,~.~nI.~!!..!:!.~.~.~"",_~~~...~_"_".'",_ Trackinq Number: 1,689 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7520-05 on second reading, amending the zoning atlas of the city by rezoning certain property whose post office address is 1532 South Highland Avenue from Low Medium Density Residential (LMDR) to Office (0). Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 15:58:55 Cvndie Goudeau 10-19-2005 09:29:25 G<\-~ IO,~ ORDINANCE NO. 7520-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOUTH HIGHLAND AVENUE, 800 FEET NORTH OF THE INTERSECTION OF BELLEAIR ROAD CONSISTING OF LOTS 8, 9, 10, AND 11, BLOCK B, SCOTIA HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1532 SOUTH HIGHLAND AVENUE, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO OFFICE (0); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Lots 8, 9, 10, and 11, Block B, Scotia Heights, according to map or plat thereof as recorded in Plat Book 10, Page 10, Public Records of Pinellas County, Florida (LUZ2005-05009) Zonina District From: Low Medium Density Residential (LMDR) To: Office (0) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7519-05 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7520-05 ~"-ater u~ City Council _,,,,,,~~,~a. CC!~.~r."M~,!!I~~I~.!!dumm Tracking Number: 1,690 Actual Date: 11/03/2005 Subiect / Recommendation: Adopt Ordinance 7521-05 on second reading, annexing certain real property whose post office address is 3137 San Jose Street, into the corporate boundaries of the city, and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 15:59:44 Cvndie Goudeau 10-19-2005 09:25:00 CA-5 LO'S ORDINANCE NO. 7521-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SAN JOSE STREET, APPROXIMATELY 110 FEET WEST OF MADERA AVENUE, CONSISTING OF LOT 50, DEL ORO GARDENS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3137 SAN JOSE STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 50, Del Oro Gardens Subdivision, according to the plat thereof, as recorded in Plat Book 45, Page 74, Public Records of Pinellas County, Florida (ANX2005-06020) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7521-05 City Council ,~~g,~nda ~~_~~L M_~!n,~,~!,,~~~um ... o .. - ater Tracking Number: 1,692 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7522-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3137 San Jose Street upon annexation into the City of Clearwater, as Residential Urban. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:00:44 Cvndie Goudeau 10-19-2005 09:25:58 tA -'11 b ~O. b ORDINANCE NO. 7522-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SAN JOSE STREET, APPROXIMATELY 110 FEET WEST OF MADERA AVENUE, CONSISTING OF LOT 50, DEL ORO GARDENS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3137 SAN JOSE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 50, Del Oro Gardens Subdivision, according to the plat thereof, as recorded in Plat Book 45, Page 74, Public Records of Pinellas County, Florida (ANX2005-06020) Land Use Cateaorv Residential Urban Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7521-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7522-05 '~.~ u~ City Council _<~gend~, Cover ~!!moran~,~!!!"_"".__'''''"m___._""m,~m~,m_ CA-1O 7 l0<[ Tracking Number: 1,693 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7523-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 3137 San Jose Street, upon annexation into the City of Clearwater as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public HearinQ: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:01:36 Cvndie Goudeau 10-19-2005 09:26:58 ORDINANCE NO. 7523-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SAN JOSE STREET, APPROXIMATELY 110 FEET WEST OF MADERA AVENUE, CONSISTING OF LOT 50, DEL ORO GARDENS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 3137 SAN JOSE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 50, Del Oro Gardens Subdivision, according to the plat thereof, as recorded in Plat Book 45, Page 74, Public Records of Pinellas County, Florida (ANX2005-06020) Zonina District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7521-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7523-05 .~.~ u.~ City Council Cover Memorandum Tracking Number: 1,694 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7527-05 on second reading annexing certain real property whose post office address is 1715 Keene Road, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:02:27 Cvndie Goudeau 10-19-2005 09:21 :56 (J-\ - 8 to to ORDINANCE NO. 7527-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF KEENE ROAD, DIRECTLY SOUTH OF THE CSX RAILROAD CROSSING, CONSISTING OF THE NORTHERLY PORTION OF LOTS 25 AND 26, PINELLAS GROVES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF KEENE ROAD, WHOSE POST OFFICE ADDRESS IS 1715 KEENE ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2005-06022) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7527-05 Legal Description for ANX2005-06022 That part of Lots 25 and 26, Pinellas Groves Subdivision, according to plat thereof, as recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida, in the Southwest ~ of Section 1, Township 29 South, Range 15 East, Pinellas County, lying south of the CSX Transportation, Inc. (formerly known as Seaboard Coast Line Railroad) right-of-way, LESS the South Y:z of said Lots 25 and 26; ALSO LESS that portion thereof, lying within 50 feet easterly of the West line of said Southwest ~ of Section 1, together with the abutting right-of-way of Keene Road. Ordinance No. 7527-05 ~~ u~ City Council Cover Memorandum Tracking Number: 1,695 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7528-05 on second reading amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1715 Keene Road upon annexation into the City of Clearwater as Industrial Limited. Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:03:30 Cvndie Goudeau 10-19-2005 09:22:55 G\-\-~ q ~O.-q ORDINANCE NO. 7528-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF KEENE ROAD, DIRECTLY SOUTH OF THE CSX RAILROAD CROSSING, CONSISTING OF THE NORTHERLY PORTION OF LOTS 25 AND 26, PINELLAS GROVES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF KEENE ROAD, WHOSE POST OFFICE ADDRESS IS 1715 KEENE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cateaorv See attached legal description (ANX2005-06022) Industrial Limited Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7527-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7528-05 Legal Description for ANX2005-06022 That part of Lots 25 and 26, Pinellas Groves Subdivision, according to plat thereof, as recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida, in the Southwest v.a of Section 1, Township 29 South, Range 15 East, Pinellas County, lying south of the CSX Transportation, Inc. (formerly known as Seaboard Coast Line Railroad) right-of-way, LESS the South Y2 of said Lots 25 and 26; ALSO LESS that portion thereof, lying within 50 feet easterly of the West line of said Southwest v.a of Section 1, together with the abutting right-of-way of Keene Road. Ordinance No. 7528-05 ~~ u~ City Council ==."~,~,--Ag~.!lda ~"over M~."m"~,.r!.,!ld u m tA-\O 10,10 Tracking Number: 1,696 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7529-05 on second reading amending the zoning atlas of the city by zoning certain real property whose post office address is 1715 Keene Road, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:04: 12 Cvndie Goudeau 10-19-2005 09:23:49 ORDINANCE NO. 7529-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF KEENE ROAD, DIRECTLY SOUTH OF THE CSX RAILROAD CROSSING, CONSISTING OF THE NORTHERLY PORTION OF LOTS 25 AND 26, PINELLAS GROVES, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF KEENE ROAD, WHOSE POST OFFICE ADDRESS IS 1715 KEENE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH, AND TECHNOLOGY (IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoninq District See attached legal description (ANX2005-06022) Industrial, Research, and Technology (IRT) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7527-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7529-05 Legal Description for ANX2005-06022 That part of Lots 25 and 26, Pinellas Groves Subdivision, according to plat thereof, as recorded in Plat Book 3, Page 15, Public Records of Pinellas County, Florida, in the Southwest ~ of Section 1, Township 29 South, Range 15 East, Pinellas County, lying south of the CSX Transportation, Inc. (formerly known as Seaboard Coast Line Railroad) right-of-way, LESS the South Y2 of said Lots 25 and 26; ALSO LESS that portion thereof, lying within 50 feet easterly of the West line of said Southwest ~ of Section 1, together with the abutting right-of-way of Keene Road. Ordinance No. 7529-05 1- ((\-~ J I ~~ l.l'~ "."=~g,,enda _~~ver ..Memor~!!.~.~.!!!."."__............_"."..."."..""..,,._=.".M_MM.........,..,_....M City Council tu'/! Tracking Number: 1,697 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7530-05 on second reading, annexing certain real property whose post office address is 1932 Summit Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:05: 15 Cvndie Goudeau 10-19-2005 09: 19:01 ORDINANCE NO. 7530-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SUMMIT DRIVE, APPROXIMATELY 175 FEET NORTH OF RAYMONT DRIVE, CONSISTING OF LOT NINETY- EIGHT, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1932 SUMMIT DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot Ninety-eight (98), Skyline Groves, according to the map or plat thereof as recorded in Plat Book 44, Page 22, Public Records of Pinellas County, Florida (ANX2005-06023 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7530-05 "--- ~h! u.~ City Council R__~gen d~"""~ov~"!:"",M,~"m,!;!,~,!!,!:!,!!,!:!!!t,,,,,,~,,,,_,,,w,,,,,,_'"''m,,,,,,,,,,,,,,,~mm''''''_,,,,,_W''''''''' Cf\ ._~ l();/d Tracking Number: 1,698 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7531-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1932 Summit Drive, upon annexation into the City of Clearwater, as Residential Low (RL). Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:06:01 Cvndie Goudeau 10-19-2005 09: 19:55 ORDINANCE NO. 7531-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SUMMIT DRIVE, APPROXIMATELY 175 FEET NORTH OF RAYMO NT DRIVE, CONSISTING OF LOT NINETY- EIGHT, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1932 SUMMIT DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot Ninety-eight (98), Skyline Groves, according to the map or plat thereof as recorded in Plat Book 44, Page 22, Public Records of Pinellas County, Florida (ANX2005-06023 ) Land Use Cateoorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7530-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7531-05 City Council .~h! u~ Anenda Cover Memorandum _,"",","~_"'__'ffi"""~~""","M""~",__"~'='~""''''''"''''''''"'''''"''~,~"""",,,'""""""-"'" Tracking Number: 1,699 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7532-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 1932 Summit Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Originating: City Attorney Section Second Readings - publiC hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:07:54 Cvndie Goudeau 10-19-2005 09:20:48 ~-\~ LO.13 I - ORDINANCE NO. 7532-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SUMMIT DRIVE, APPROXIMATELY 175 FEET NORTH OF RAYMONT DRIVE, CONSISTING OF LOT NINETY-EIGHT, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1932 SUMMIT DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zonino District Lot Ninety-eight (98), Skyline Groves, according to the Low Medium Density Residential map or plat thereof as recorded in Plat Book 44, Page 22, (LMDR) Public Records of Pinellas County, Florida (ANX2005-06023) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7530-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7532-05 City Council ~.~ u.~ _~.~,..,..~,."Agen~~~! Covm~mr...,"~,,!.,!!!,~,r,!lndu!!t,..'.m.,"_,",.w..@..., Tracking Number: 1,700 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7534-05 on second reading, annexing certain real property whose post office address is 2275 McMullen Booth Road into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearino: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:08:48 Cvndie Goudeau 10-19-2005 09: 16:08 CA\-~ )Y to- let ORDINANCE NO. 7534-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, BETWEEN CREST DRIVE AND MARLO BOULEVARD, CONSISTING OF A PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2275 MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2005-07024 ) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7534-05 City Council ~.~ Cl~ AtJenda Cover Memorandum _~""",,,,,.iiiI! _=~.. . _ ' -"",,,,,--,,,,,,,,,,,,,,,,.,, CA'"\ - G \5 [a. \) Tracking Number: 1,701 Actual Date: 11/03/2005 Subject I Recommendation: Adopt Ordinance 7535-05 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2275 McMullen Booth Road, upon annexation into the City of Clearwater, as Residential Suburban (RS). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-17-2005 16:09:54 Cvndie Goudeau 10-19-2005 09: 17:09 L ORDINANCE NO. 7535-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, BETWEEN CREST DRIVE AND MARLO BOULEVARD, CONSISTING OF A PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2275 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL SUBURBAN (RS); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2005-07024 ) Land Use Cateoorv Residential Suburban (RS) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7534-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-Sides Assistant City Attorney Ordinance No. 7535-05 ~&-atel u~ City Council ~,,,~~"~!!,~a <;,!!yer ~~!1!!,~~,!!~,!!!!!"," Tracking Number: 1,702 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7536-05 on second reading, amending the zoning atlas of the city by zoning certain real property whose post office address is 2275 McMullen Booth Road, upon annexation into the City of Clearwater, as Low Density Residential (LDR). Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Aooroval Pam Akin Cvndie Goudeau 10-17-2005 16:11:46 10-19-2005 09: 17:57 CAA-~ \ \9 (0, lb ORDINANCE NO. 7536-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF MCMULLEN BOOTH ROAD, BETWEEN CREST DRIVE AND MARLO BOULEVARD, CONSISTING OF A PORTION OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 33, TOWNSHIP 28 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2275 MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Pro oe rtv See attached legal description (ANX2005-07024 ) Zonina District Low Density Residential (LDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7534-05. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7536-05 City Council ,~gend,!",,~Cov~I,~~~,~~~~ nd u m ... o .. - M-@{ /1 10.17 Trackinq Number: 1,703 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7539-05 on second reading, vacating the five-foot sidewalk easement lying along the east property lines of Lots 126 and 127, Lloyd White Skinner subdivision. Oriqinatinq: City Attorney Section: Second Readings - public hearing Category: Second Reading Public Hearinq: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-18-2005 Cvndie Goudeau 10-19-2005 14: 18:42 09: 14:31 ORDINANCE NO. 7539-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIVE-FOOT SIDEWALK EASEMENT LYING ALONG THE EAST PROPERTY LINES OF LOTS 126 AND 127, LLOYD WHITE SKINNER SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Canterbury Property Management, Inc. and TLS Holdings, Inc., owners of real property located in the City of Clearwater, have requested that the City vacate the sidewalk easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: 5-foot sidewalk easement lying along the east property lines of Lots 126 and 127, Lloyd White Skinner Subdivision, as recorded in Plat Book 13, Pages 12 and 13, Official Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7539-05 I ~.~ u~ City Council ~."~._l~ger:-J!~ cO'!,~~!:,..J~.~,!!!.~ra nd u m Tracking Number: 1,704 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7540-05 on second reading, vacating the 60-foot drainage and utility easement retained over the vacated right-of-way of Pine Street located along the south platted property lines of Lots 6 through 10, inclusive, Block 21, Magnolia Park. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearing: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-18-2005 14: 19: 16 Cvndie Goudeau 10-19-2005 09: 13:40 CA~ 18 10, ~8 ORDINANCE NO. 7540-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 60-FOOT DRAINAGE AND UTILITY EASEMENT RETAINED OVER THE VACATED RIGHT-OF-WAY OF PINE STREET LOCATED ALONG THE SOUTH PLATTED PROPERTY LINES OF LOTS 6 THROUGH 10, INCLUSIVE, BLOCK 21, MAGNOLIA PARK; PROVIDING AN EFFECTIVE DATE. WHEREAS, Wells Court Development, LLC, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: 60-foot drainage and utility easement retained over the vacated right-of-way of Pine Street located along the south platted property lines of Lots 6 through 10, inclusive, Block 21, Magnolia Park, as recorded in Plat Book 1, Page 70 and Plat Book 3, Page 43, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Bryan D. Ruff Assistant City Attorney Ordinance No. 7540-05 ~"'4ln!ater u~ City Council Age,~da .~"~~r Memora!!"~.!!,.!!I,___> Tracking Number: 1,705 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Ordinance 7542-05 on second reading, amending Chapter 22, Section 22.33, Code of Ordinances, to authorize a defined area for skim boards and surf boards on Clearwater public beach. Originating: City Attorney Section Second Readings - public hearing Category: Second Reading Public Hearino: Yes Advertised Dates: 10/23/2005 Financial Information: Review Approval Pam Akin 10-18-2005 14: 19:49 Cvndie Goudeau 10-19-2005 09: 12: 11 I~ ~fi -6 19 to,lq ORDINANCE NO. 7542-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 22, SECTION 22.33, CODE OF ORDINANCES, RELATING TO BATHING AND SWIMMING AREAS AND THE COURTNEY CAMPBELL RECREATION AREA, TO AUTHORIZE A DEFINED AREA FOR SKIM BOARDS AND SURF BOARDS ON CLEARWATER PUBLIC BEACH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 22:33 is amended to read: Sec. 22.33. Same - Area defined. (6) Surfboards, sailboats, motorboats, personal watercraft, or singular hard-surfaced objects are not permitted to be beached on any public beach or to be operated within safe bathing limits associated therewith unless authorized. (A.) Authorized area for skim boards. and surf boards on Clearwater Public Beach are: Eastern boundary coordinates: 27 deorees, 59 minutes. 06 seconds north latitude. 82 deorees, 49 minutes. 44 seconds west lonoitude at the shoreline to approximately 153 yards north at 27 deorees 59 minutes, 11 seconds north latitude, 82 deqrees. 49 minutes. 44 seconds west. The western boundary coordinates are: 27 deorees. 59 minutes 11 seconds north to 82 deorees. 49 minutes. 50 seconds west and 27 deorees. 59 minutes 06 seconds north and 82 deorees 49 minutes, 50 seconds west lonoitude. This is an approximate 153 yard by 330 yard area extendino from the mean hiqh water line of Clearwater Public Beach westward into the Gulf of Mexico 330 yards, not to exceed the above coordinates. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7542-05 ~""f'm8ter u~ City Council __m"~gendi!!.,,,.~,9ve!" ~~!!I~ra nctul1!"", \ \ .# \ Tracking Number: 1,664 Actual Date: 11/03/2005 Subject / Recommendation: Declare the list of exercise equipment surplus to the needs of the City and authorize disposal through donation to a Clearwater school, other Fire Department or non-profit organization located in Pinellas County. Summary: Exercise equipment has been upgraded in all Fire Department facilities in Clearwater. The replaced surplus equipment is not needed by any other City department. The surplus equipment will first be offered to Fire Departments located within Pinellas County. If not claimed, the offer will be extended to any Fire Department in Florida. Originating: Finance Section Consent Agenda Category: Other Public Hearing: No Financial Information: Type: Other Bid Required? No Bid Exceptions: Other Other Contract? Not applicable Current Year Cost: $0.00 Review Approval Georae McKibben 10-04-2005 14:00: 14 Garrv Brumback 10-18-2005 15:26:25 Maraie Simmons 10-04-2005 14:17:19 Bill Horne 10-23-2005 18: 17:30 Cyndie Goudeau 11-03-2005 08:27:13 Surplus for November 3, 2005 City Council Meeting Sta.44 1- Life Fitness stair stepper 1- Dumbbell rack 1- Tuff Stuff combo stand dip/tri/ab Approx. value $200 $100 $200 Sat. 45 1- Tunturi Exercise Bike I-Jogger Trampoline 1- Life Fitness stair stepper 1-0rbitrek Exercise Bike 1- Multi station machine 6-45 lb plates 4-25 lb plates 4-10 lb plates 8-5 lb plates 5-2.5 lb plates $ 30 $ 10 $200 $ 30 $100 $270 $100 $ 40 $ 40 $ 15 Sta.46 1- Tunturi Exercise Bike 1- Life Fitness stair stepper $ 30 $200 Sta.47 1- Tunturi Exercise Bike 1- Life Fitness stair stepper 1- Life Fitness stair stepper I-various free weights I-Versa Lift $ 30 $200 $200 $1/ pound $ 10 Sat. 48 1- Life Fitness stair stepper 1- Dumbbell rack 1- Life Fitness stair stepper 4-25 lb plates 4- 5.5 lb plates 1- 4.4 lb plate $200 $100 $200 $100 $ 40 $ 4 Sta.49 1- Treadmill 1- Life Fitness stair stepper 1- Dumbbell rack 1- Tunturi Exercise Bike $ 30 $200 $ 50 $ 30 .~.h! CI'~ _~"_.~_~"!! CO'!~"~".,~,~,m~!.!!n~Um """~",,,~~~,,,,,,,,_ City Council CbS-I ll,~ Tracking Number: 1,677 Actual Date: 11/03/2005 Subject / Recommendation: Approve a Second Amendment to Agreement, Amended & Re-stated Gas Supply and Transportation Agreement, and the Florida Public Service Commission (FPSC) Joint Petition with TECO Peoples Gas System, providing for the transfer of 18 square miles of territory in Central Pasco to Clearwater Gas System (CGS), clarification of applicable rate structure, and CGS service rights along both sides of all boundary roads within the Pasco County territory, and authorize the appropriate officials to execute same. Summary: In 1995, the City Council approved an Original Territorial Agreement with TECO Peoples Gas providing CGS with 171 square miles of Pasco County Territory. On December 2, 2004, the City Council approved an Agreement for the addition of 37 square miles of Central Pasco County territory and associated service agreements to add the Connerton and Bexley Ranch Property areas in Land 0' Lakes to CGS's service area. On August 15, 2005, the City Council approved a First Amendment to the Agreement to authorize the movement of the northernmost metering location and to make some minor clarifications in service provisions along boundary roads. CGS has recently negotiated with TECO Peoples Gas to add an additional 18 square miles of territory, essentially between the Suncoast Corridor and U. S. 41 and between SR 52 and the northern boundary of Bexley Ranch. This was an area left out of the prior territorial agreements. The impetus for this was the new, approximate 750 home, Lakeshore Ranch Development, which CGS is much better positioned to serve. This Second Amendment to Agreement also gives CGS the right to provide natural gas service along both sides of all boundary roads in the full Pasco territory. Also requested is the approval of the Amended and Restated Gas Supply and Transportation Agreement, which clarifies the rate application for CGS's purchase of supply gas for the Central Pasco area as being the standard wholesale (WHS) tariff as filed by TECO Peoples Gas with the FPSC. Finally, CGS is requesting approval to file with the FPSC a Joint Petition to accomplish this territorial transfer, as the FPSC is the governing authority for territories in Florida. The Second Revised Exhibit A to the Agreement depicts the full revised Pasco territory. With the approval of this Agreement, plus the other prior agreements referenced above, CGS will serve a total of 172 square miles in Central Pasco. In total, this will bring CGS's service territory to 330 square miles, about 12 times the size of the City of Clearwater. Originating: Gas System Section Consent Agenda Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: ~~ u~ __...!!-genda COV~!_,.,~emora ~.d.~"!!!.._"...m___.."'".~ City Council Review Approval Chuck Warrinaton 10-10-2005 16:35:52 Rod Irwin 10-21-2005 15:53:01 Laura Lioowski 10-17-2005 15:54: 10 Bill Horne 10-26-2005 10:48:40 Cyndie Goudeau 10-27-2005 14:47:50 co .t: o +"" -t: s- (]) I- ~ +"" C ~ o o o (.) en CO ~c.. -- E ~(]) Wen -e~ (])(1) en en .- CO &>(9 tl::en -e(]) Co. o 0 (.) (]) (])c.. (1)........ E (]) +"" en ~ (1) en CO (9 <c ~ c: " o U g, 2 o .0 gJ I s- Q) +"" CO ~ CO (]) o EXHIBIT B "- 11-. ATT~ A a.a,u..~Pl1CH CP nil: oevacPYa<< srrz. 1HCU.Ca ~ lCWNaI-MP NeDIWteIt. . ", .A,AAal. CF lAND ~TW ANO LYING IN SiC1JCNS 214NO U. TOWNSHlP:tI .scurH. . ~17 lAST. PASCO CCUNTY. A.ClUO-' lYING HOKfHOF STATl ilCW) NO. 52 AHOMIT or HAYS ROAD AND eAST OF T-He Ft.OJUOA 10WiR (;CRPOAATICN NGHT.OJI-WAV ailiNG a.cc", 'NmQJI-ARlY OESQIIUIED AS FOUCW8: FRCM THI COMWONCORNeR OF SECTIONS t. 2. 11 AND 12. TQWNSHIPIlICUTH.RANGI '7 ~. I'Aeco COijNTY, .....cAlOA. A$ A pQNf Cfl ilEFEReNCI;:i THefca .......-vw. AI",ONG'THe SOUTH Lc'Nl' OF SAle seC'IleN a. ~ UN&' ALSO _NO THI NQltfM","ECF $NO $!CCICft 11. $;$.a1 FEiT Ton-cli WCSTiRl'f NGHT .(Jf&..WAY UNE OF IiAY811eAQ (Aft' RfM A8 fT NOW ~ FOR A p. OINT 0" BEGINNING; lHlNCf ~'ocrw. AI.CftG. . . ... ..$Q. 0 W&STERLYfl/W UN&. ~ PDT TO ITS tNTERGiCTIOH wn'H THe. NCfI'I'I1aL't RIGHT .oF.W~Y UH2 0" $AU) ~TATE JltQAD NO. 02 (A tco' RIW); lHeNCZ. Slt7'1'.22"W. A\.CHG SArD NORTHERLY RIQHT -CF.WA Y uN! 1.249.011'L-T; THINCZ ALONG".. IAS"I'ER&.V UNI e, THE PRCf'OSED $UNCOAST RtGHT..eP.WAY UtlS N14.12'11~ 1.3OC.00 PUT: t')oENC! ,-lAVING aAIO AlGHT .oF.WAY UNE SOO~T24"!. $48.93Fa;;T; THINaN80'52'.wI.@.QORS TO THE ,.o.a. CONT.AINING aJ.M AQlfS. MORE OR U!$$. ALSO. FReM 1H! COMMON ce_NEil 0; SEC1lCNS :. ~ 10 ANC .,. TewNS-ttp 26 ~ MHG2 17 EAST.. PA3CO CCUHTY. 'LOAlOAAS A.ooINT or ~ THeNC2 SOV1.~. AtC)NG ll-fE WEST UN! OP SAfe SCcnON 11. $AID UNE ALSO BEING TH! !AST UNE Cl'RQ1'IQ.llo. 1 ,077.~ ~eT TO THE SCVTHI!Rl.Y RtGHr.of.WAY UNIE OP ONO $TAli II0AC HQ..U fA 100' R/W), FOR' A POWT Cf' aeGlNNlNG; THeNeI AU)HG S~D SOU'ftERLY fUGH'f .QIJ.1IjAY UNe BY THE l'Ou.owJNG FOUR (4) COURSES AND DISTANCaS: t) T);ENC! S80"28'2r!'. 4441. FUT: 2) THENC2 011.. ,e.;r ALONG THe ARC 0': A <:UR~ TO TME LEFT H~vtHO. ~1U8 0' 2.341.8a FfET. CHORD S88"42'~"4, eG&..5IJ FEET; ~) llieNC2 ~WI. 1......'7 fL.c-r; 4~ THINCa 47.42 FEET ALONG THE ARC OF A CUAVE TO THe RIGHT HI\\lINGA.ftAQI..... OF 22.eG&~1. PEtiT. Q-IORO Nen3"04"e, 41.82 Ft!T TO THE INreAS!C7ICN OfI.SAfO $QU'D4IfU,. y RIGHT .Q".WAY UNCANO TH! VVISTEAL Y' 8()uNOS OF THe A.~OA.POWeA CO~""'Qh RiGHT .oF.WAY AS )\ECClCOE'D IN 0..'" 8001< *. PAGES 34 ANO :ss. PU8UC ~. OF l'ASCOCOVNTf.'LORIOA:THeNCr S'4"'~11'W,AlONG $AIOWESTlRL.YR'GHT.o'..W.Y"l4HE. 22.~l3 FUr TO A POINT ON THe weSTeRLY UNIf OF TH& NOPlniEAST ". 01' _'0 SECTION :J4: THENCE NW1U'O$c. At.ONG SA.a Ul'4e.l,m.- fHT TO TH& SOU..T CORNER OF THE SOUTHeAST 1/4 OF SAJO.GeonCN 27; THENCI AlONG THE N<>>mf. CCNTeAUNaOP GA&D. SECTION a7. NOQ.l. '03"1, $.-....,. feET TO THE ~T .. " 0' lHe SOUTHWeST 1J4 e~ ~D seCTION 22: THENCe SW$$'3rN. 1,=a20,.&1' TOTHr SOJ.I1'HWiST COttNeR OF THE $CUTtieAST 1/4 OF THI! SOUTHWIST 1/4 OF...SMI..~CN ~;1lif!NCJ NOOt2G'Ol"E. 5.=-7.98 FerrTO THI SOUTHWeST COftNEJiI OF THI~T '/4 OF THe SOlJ'rHWEST '/4 OF SAIO $ECTJCH 15; THeNC2 N01-:JO'U.e. t.e14.IIIIIU'TTO THe $OU1l1WfiST CORNeR Cf' 11;11 8OUlH~ 1/4 OF 'DtfiNORTHWUl" 1/" .. P seCTION '5: THENCa NOCrOl'ao-e. 2.es3.. 'E'ET TO THt!! SOtJI11VCsr eOaNIR SOLJTHI!ASr 1/4OFlHE SOUTHweST 1/4 OF SAID secnON 10; THeNCENOO~7'~ FE81"TO TIiI ~eST '/4 OP'7HE SOUTHEAST "'4 OF THI! NORTHWE$Tt SEcnON 10: "Pi1NC& N8SrS)'<<r'$. 1.333.42' FI!IT TO THe JllCft"tMIAST SOUTHe:.t.ST t/4 Off THE NORTHWEST 1/4 Of SAID seCTION 10. THlNCI NOC:r24 THe.NORTH/SCUTH ClN'lCAUNE OF SAJO seCTION lOt a84.7Q fEET TO Tttr OFSAlCUNEANDmE SAlO SOUTHEAc.,V ~HT-oP.WAV OF ST^11!AOAQa; At.O"G SAlD ftIGI-tT-of"WAY UNe 8Y THCE flOU.CWtNG FOUR (4) COUft8U.AND .... . .~"1) THeNCI ea4.. FEET ~ONG THE ARC 0' A CUlM! TO TMlI..s=T CONCAve TO, THE NORTHeAST. HA'ANG A RAO....$ 01' 2,:'S41.a3 felT. CHORD sesrsU.....e2&1.FIeT.tJ THeNC~ S7"'~'0I"2. SQI.82 fS!T: ~. TMeNCE $7~. 7~ PEET AlONG THE ARC 0' A CURVE TO THE l.eJfT 1 of 3 t-'A"fNG A1t~.US Cl= 11.$0.9, ~6 FE:T, CHOreo $~'46"E.S7:1.66 r=aT; 4) nc:Ne2 ~'2r!. ~.11 n-IIT TO THE PCtNT OF SEGINNlNG. CCHT ~NG t .190." ACRe$. Me,,! OR UiSS. ~: A ~.AJIlCa. OF lAND LYING wrTH secnOHS ~4 ANO PORTIONS 0' 11. 13. '., 22. 7;J. ~ X. %1 AND ~ TOWNSHIP 25 $QU'T'H. RANG2 171MT. PASCO cOUNTY. FLORIDA. SI'NO MeR! .' PNmC;U&.ARLYDE~8ED M ~CtJ..owa . JeG1N ~T THE NOJmoffA3T CORN~ OIIND S!'C11CN 36: ll1eNCt: ~~'"'It. ALONG'lH1! CA$TIIQ.,YUNE CF SAlO $!onON~ 3.4IO.CM nET TO THE NORTHe.ctl.'1 AIGHT..Qf.WAY UH2 C" "ll-fe rftCPCScC $UNCOAeT DP~.AYi THl:H<A A&.CHG $AID NCJIffHIftly JIUGHT. OIJ.wAY. UN& BY ~ NQN.TANGENT C1.JJIl'W. $AtO QJftVE HA\IfHG A RACAJS CP 5.110.00 Pa!r AND A C'a'tTHAL. ANG&..I 01" 5O.10":3'.j THiNC2 NQRl1'iQLY A\..Ctf6 THe ARC OF GAIO~ TO THI UfT. ADlSTANCi: -494S.41 PeT, (C>40R0 UNltNG N,.47'04~"'W. C4CRDU!NGTH 4.7u.aar'EET); TH!NCS N 1.'40 't$"W. 0.014.84 Fe-1C'i TO THI! POINT 0' CtJRvA'T'UA1 CII' J. CURVe.. SAID <:tIRW MAVJNG A ~us C' 2.715,<<) FE$T ANO tA ~ AN<lLl OF zcroo'oo-; THINCS WES~l..Y Al..ONG ll1f AAC OF SAID 0JAv& 'TO 'T11E RtGMT. A OIGTAHCZ 01' "'.11 FaT. (OtORO Sf!MING Nt)4*4Q'4$"W, CHORD LENG1'H :M.a." FEET)j THENC2 ~..4t'W. 2.594.82 fEeT TO THe POlN1" OF CURVATURE OF A CURVE. SAID CUIWI HAVING A AAOIUS OF ~~.OO FEET AHO A CiNTRAL ANGle 01" W$3'00"; THeNC2 NOftTHWeSTEALY ALCNG T21~ Me CF SAlD CVAV'! TO THE fllGtfT. A OiST~ Of' ",027.'1 F!STI (CHOP.O liNtlNQ N2'a'14'19'W. CHORD U1NGTH 3,7..:,0 FlET)i THENa Nt4.1Z'11~, '''.661.. FiET TO"... SCUTHEA\.Y RIG>tT -OF-WAY LINE ore sr "115 ttQAO NO. 52: THENCE N83"15~ AQNG. aNO SOUTHERLY fUGHT..of-WA Y 1.8.21.a2Fefi; TH!NCS UAVING SAlO FIGHT .cF-WA y sco-urfM-Z. 4,59$.97 FEeT:THENCS SW.44'43"i. 15.58 FeET; THINe:: S30"12*45W. ".03 PaT. ~ $&t'31'26"W. 1.02'.01 FE!1~ n~ENa: S1S.42'!Ul"S, 921.~ 11m; THENC2 H7~.5Z3:t"!..a.044.M F21IT; THiNe S37"23'~. 2~500.43 t'!t!T'; THENC! NA"-5tf-16'"E. t.589.33 FS!T~ THENCZ S52"Q4'10"2. , .OSt.3O FeeT; THcN~ Na3"43'OO"S. 738.7& FeET TO THE ~ALY UHf OF SAID $ECTlON 1 j: THfNC2 SOQ"Oa'S4.W ALONG THe EA$TS\L.Y UNE 01' aAle SECTlON$ 10. 2. AND 25. la.22t..a I"!I!' TO THe PQU'4T OF BEGINNING. CONTAINING 3."6Q.OSO Ad4ES OJIl.ANO, MeA. OR LeSS. lISS THE weST J /2 Of: THE NORTHI.6ST 1/4 OF SiiCTION 15, "rOWN:5HIP 25 SOUTH. MHGI t T .A$T. CONTAINING 80 ACftES MOlt2 OR LESS. . . \.183 THE SOUTJotEAST 1/4 OF THe NORTHEAST 1/4 OF THe SO~iAST 1/_ AND THI! NORTHEAST 1/4 OFT...! SOUTtiEAST 1 I. OF".. SCUTHEAST 1/40'-: SECTION 14. TOWNSHIP 25 SOUTH. RANGe. 17 eAST. CONTAJNING 20 AC~&S MORE OR t.2S8. ALSO: A "AReal., Of LAND BEING POR110NS OF sectiONS 26. 27. ~. ~ ~g 38. TOWNaHIp 2IS SOUTH. RAHGl17EAST. PASCOCOUNTY.R..OIlIDA. efiINGMOAErARnCUlAALyga~IIJeo A$ FeU-OWS: alGIN AT THe SOUTHeAST CORNeA 01' $AID seCTION 36; lHENa: ~'2ZW ~CNG ll-iE SOUTH'R'" Y UNEOF ~o SECTION :)8. $.294..ee FEET TO nil SOUTHEAST CORNeA 01' $AG SECTtON ~; THENCi N~!8'2Z"W AlONG THE $OUTHE1tLY UNE OF $ASO seonON 35, 5.;]00.80 f!er TO THE SOU'T'HE.A$T CCANEJ:I Of' SAID SiCTtON ~; THe~ ....,..,1'W ALONG ".., SOUTHER'" Y UNE OF &alO SICTlON 34. ~.OO FEET; THeNCZ l!AVING SAID SOUTH.RLY UNE. NOQ"02'Q4"W. 220.00 Ff.!:n THEN~ Nes.$rWe, tOe.or FE~ TO. THE' E.4S1'elU..Y UNe OF $AlC SEcnON 3': THOtC~ NOO.'4'~a ALONG $AlDeASTEPU..Y UHI!. .2.040.00 nET; ntt!NC~ l..cAV'NG SAIl) UNe ~ t ~8'oa"N. 1.0~.08 PlltrT; TH~ ~11S8'"W. 170.00 't!ET; lliENCC SSS"23'10-W, ~03.31 'ec:T; THeNC2 Nca-11'06"W. e73.2. PU:t TO TH. EA8TCRL.Y UN. a: A FLORIDA ,.OWeR R'(i.HT..oF-WAY U~ A8 "ICOROEO IN Q"P'~ RECORO BOOK 2M. P,4GJ;:S 34 ANO 3$ OF THE PU8UC "!CORDS C';P PASCO COUNlY. gg=li=~~g2!!ft! ~ i~8U~o li~e~1 B ~ M~~~R~~! !:~ e i~~~~~itg~ ~~~ i :J a ,f.c; ! ~ ~ !!f'; at ~ ~ ,." ~~~~~~~~;~~~~~ ~ ~~~!il~13o~a..~;:; ~ \.f~%O~ 'Il(....~'l(PM:;.Jt- ~ iw~~zi.Q~,~goffi~ ~ C!)ll':x"" ~~c f:lsf;w "" ~~t~ ~&aR~~i~3 ~ t;~ Ot~Q ~o!i ~ <WI &I~. ~.... _ g w i~i ~!:!~~~~~~5 ~ ~~~8;;~~~a~B~~3~ ~ ~f~~~i~ ~t9~~!~ ~ ~~~~~~i~i~~s~~~ ~ ~~~o~N>~ ~m~W~5~ ~ .om~~~1ffi~r'" ~;lQ i~~~~~~~~~~ ~~~ ! ~1"'(514O(~~~~~; ~a~ i~ ~ ~ 9 ~~~g@~~~~~~ i ~ ~ ~~~Wnt~oiN! Z 3~g<~i~Q~19~~~~ ~~ J~..J~o...~~8;!~x{; ti )ll,.;--<-<t-,fU~":{I)<(""r.Q () APPENDIX A BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In Re: Joint Petition for approval of amendment to territorial agreement in Pasco County, by Peoples Gas System and Clearwater Gas System, a department of the City of Clearwater DOCKET NO. Submitted for Filing: 11 -_- 05 JOINT PETITION Petitioners, Peoples Gas System ("Peoples") and Clearwater Gas System, a department of the City of Clearwater ("Clearwater Gas"), by their respective undersigned attorneys and pursuant to Section 366.04(3)(a), Florida Statutes, and Rule 25-7.0471, Florida Administrative Code, jointly file this petition for an order approving an amendment to the territorial agreement between Peoples and Clearwater Gas, said amendment being attached hereto as Exhibit 1, and in support thereof state as follows: 1. The names and mailing addresses of the petitioners are: Peoples Gas System P. O. Box 2562 Tampa, Florida 33601-2562 Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33755 2. The names and mailing addresses of the persons authorized to receive notices and communications with respect to this petition are: Ansley Watson, Jr., Esq. Macfarlane Ferguson & McMullen P. O. Box 1531 Tampa, Florida 33601-1531 Angela Llewellyn Peoples Gas System P. O. Box 2562 Tampa, Florida 33601-2562 William J. Peebles, Esq. 310 West College Avenue Tallahassee, Florida 32301 Chuck Warrington General Manager Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33755 BACKGROUND 3. In 1994, in Docket No. 940660-GU, PGS initiated a territorial dispute against Clearwater Gas because of the plans of both parties to expand their natural gas distribution facilities in Pasco County. The parties ultimately were able to resolve that territorial dispute through a comprehensive territorial agreement defining the service areas of the parties within Pasco County (the "1995 Agreement"). 4. The Commission approved the 1995 Agreement in Order No. PSC - 95-0620- AS-GU, entered May 22, 1995, finding that "the territorial agreement is in the public interest, and its adoption will further our longstanding policy of avoiding unnecessary and uneconomic duplication of facilities." The 1995 Agreement is appended to the referenced order as Attachment A (pages 9 through 23 of the order). 5. Since the approval of the 1995 Agreement the parties have provided natural gas service within their respective territories pursuant to the terms of the agreement and there has, in fact, been no unnecessary and uneconomic duplication of facilities. 6. During 2004, natural gas service was requested to areas allocated by the 1995 Agreement to Peoples, but located adjacent to territory allocated by the agreement to Clearwater Gas. Because of the way in which the facilities of the two parties had developed, it was more economical for Clearwater Gas to provide service to these proposed developments, and the parties sought the Commission's approval of an amendment to the 1995 Agreement to permit such service by Clearwater Gas. The amendment was approved by the Commission's Order No. PSC-05-0163-PAA issued on February 10,2005, in Docket No. 041385-GU, which order thereafter became final and effective. The amendment is appended to the referenced order as Attachment A (pages 4 2 through 9 of the order). 7. Natural gas service has now been requested by another proposed development, which lies between the two developments that prompted the amendment to the 1995 Agreement approved in Docket No. 041385-GU. Particularly in view of that amendment, it is again more economical for Clearwater Gas to provide service to this proposed development, and it will likely be more economical for Clearwater Gas to serve any other future development located within this area. 8. Peoples and Clearwater Gas have entered into an amendment (the "Second Amendment," a copy being attached to this Joint Petition as Exhibit 1) to the 1995 Agreement (as previously amended and approved) to permit Clearwater Gas to provide service within the area in which the recently proposed development is located. RELIEF REQUESTED 9. Petitioners seek the Commission's approval of the Second Amendment to the 1995 Agreement in accordance with Section 366.04(3)(a), Florida Statutes, and Rule 25- 7.0471, Florida Administrative Code. 10. The Commission's approval of the Second Amendment is a condition precedent to its effectiveness. 11. Each of Peoples and Clearwater Gas represents that approval and implementation of the Second Amendment to the 1995 Agreement will not cause a decrease in the availability or reliability of natural gas service to existing or future ratepayers of either Peoples or Clearwater Gas. 3 12. Petitioners submit that the Commission's approval of the Second Amendment will permit the parties to continue to avoid the future uneconomic duplication of facilities, will permit the party best suited to provide service to the development which has recently requested service to provide such service, and is therefore in the public interest. WHEREFORE, Clearwater Gas and Peoples respectfully request that the Commission enter its order approving and adopting the Second Amendment to the 1995 Agreement. DATED this _ day of November, 2005. ANSLEY WATSON, JR. Macfarlane Ferguson & McMullen P. O. Box 1531 Tampa, Florida 33601-1531 (813) 273-4321 WILLIAM J. PEEBLES, ESQ. 310 West College Avenue Tallahassee, Florida 32301 (850) 681-7383 Attorney for Clearwater Gas System Attorneys for Peoples Gas System 4 AMENDED AND RESTATED GAS SUPPLY AND TRANSPORTATION AGREEMENT This Amended and Restated Gas Supply and Transportation Agreement (the "Agreement") is made and entered into as of the _ day of November , 2005, by and between Peoples Gas System, a Division of Tampa Electric Company, a Florida corporation ("PGS"), and Clearwater Gas System, a department of the City of Clearwater, Florida, a municipal corporation organized and existing under the laws of the State of Florida ("CGS"). W 11 N g~~gI H: WHEREAS, each of the parties is a natural gas distribution utility owning and operating distribution systems for the delivery of natural gas to customers within its respective service territory within the State of Florida; WHEREAS, CGS intends to provide retail natural gas service to consumers within an area located east of the Suncoast Parkway ("Parkway") in Pasco County, Florida, and desires that PGS deliver natural gas to CGS through a series of meter transfer points to be located near Bexley Ranch Land Trust ("Bexley") and Connerton LLC ("Connerton"); and WHEREAS, PGS is willing to provide such service to CGS on the terms and conditions hereinafter set forth; and WHEREAS, PGS and CGS entered into that certain Gas Supply and Transportation Agreement dated as of December 2,2004 (as heretofore amended, the "2004 Agreement"), and the Parties desire to amend and restate said 2004 Agreement in order to reflect an additional area of service and the terms and conditions related thereto, as set forth in this Agreement. NOW, THEREFORE, in consideration of the premises, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: ARTICLE I - DEFINITIONS Section 1.1 Defintions. As used herein, the following terms shall have the meanings set forth below. "Absolute Pressure" means atmospheric pressure of 14.73 psia plus gauge pressure. "Actual Takes" means the difference between the current and previous meter reading for each PGS meter facility installed pursuant to Section 3.3. "Business DaY' means Monday through Friday (excluding federal banking holidays). "BexleY' means the residential development known as Bexley Ranch Land Trust, located in Pasco County, Florida, as more particularly shown on the map attached hereto as Appendix A. "British Thermal Unit" means the quantity of heat required to raise the temperature of one pound of water from 59 OF to 60 OF at a constant pressure of 14.73 psia. "BTU" means British Thermal Unit "CGS Installation" means all pipe, fittings, appliances and apparatus of every type (except metering, regulating and other similar equipment which remains the property of PGS) located on CGS's side ofthe Point of Delivery and used in connection with or forming a part of an installation for utilizing Gas for any purpose. "CGS Territorv"' means, for purposes of this Agreement, the territory described as the "2004 and 2005 Clearwater Territory" in Section 1.2(c), (d), and (e) of the Territorial Agreement. 1 1---- "Connerton" means the residential development known as Connerton LLC, located in Pasco County, Florida, as more particularly shown on the map attached hereto as Appendix A. "Cubic Foot of Gas. means gas delivered at a Standard Delivery Pressure, a Cubic Foot of Gas is the volume of Gas, which, at a temperature and pressure existing in the Meter, occupies one cubic foot. For Gas delivered at other than Standard Delivery Pressure, a Cubic Foot of Gas is that volume of Gas, which at a temperature of 60 OF and an Absolute Pressure of 14.98 pounds per square inch occupies one cubic foot. "FPSC. means the Florida Public Service Commission or any successor agency. "Gas" means natural gas or a mixture of gases suitable for fuel, delivered through either PGS or CGS distribution system, having a heating value of not less than 950 BTU's per cubic foot. "Gas Service Facilities. means the service line, meter, and all appurtenances thereto necessary to convey Gas from the gas main to the Point of Delivery and which are owned by PGS. "Meter" means any device or instrument used to measure and indicate volumes of Gas, which flow through it. "Parkwav" means the Suncoast Parkway (Florida State Toll Road 589). "Point of Deliverv'" means the point at which PGS's Gas Service Facilities are connected to CGS Installation. "Suoolier(s)" means a party or parties, other than PGS, from which CGS purchases Gas for delivery to PGS for transportation hereunder. ''Territorial Aareement" means the Agreement dated March 17, 1995 between CGS and PGS establishing the service areas of each within Pasco County, Florida, as the same may be amended from time to time. ARTICLE II - TERM Section 2.1 Effective Date. The Parties hereto agree that this Agreement and all duties and obligations hereunder are wholly contingent upon approval by the FPSC of an amendment to the Territorial Agreement allowing CGS to enter upon and service a portion of the Pasco County territory lying between Bexleyand Connerton which was previously awarded to Peoples in the Territorial Agreement approved by FPSC Order No. PSC-05-0163-PAA-GU. Upon satisfaction of the above contingency, this Agreement shall become effective on the date first written above. The term of this Agreement shall commence on said date and continue for so long as CGS (or its permitted successors or assigns) provides natural gas service to customers within the CGS Territory. ARTICLE III - GAS SUPPLY SERVICE Section 3.1 Services. PGS desires to sell and CGS desires to purchase Gas from PGS for use in providing natural gas service to customers within the CGS Territory until such time as CGS provides notice of its intent to utilize transportation only services as permitted hereunder. Sales or transportation service, if CGS elects such service pursuant to Section 3.4, shall be governed by PGS's FPSC Tariff and this Agreement. If there is a conflict between the tariff and this Agreement, the provisions of this Agreement shall control. Section 3.2 Full Reauirements. During the term of this Agreement, CGS agrees that all Gas delivered to customers within the CGS Territory will be purchased from or, if CGS elects to transport pursuant to Section 3.4, transported by, PGS. Should CGS elect transportation only service from PGS, CGS shall, in its sole discretion, be permitted to purchase its Gas from other Supplier(s). However, PGS, recognizing that its facilities are the only facilities allowing for the transportation of Gas hereunder, shall remain obligated to provide such transportation service for the duration of the Term of this Agreement. 2 Section 3.3 Meterina Eauipment and Locations. PGS agrees to install all facilities used to provide service to CGS hereunder and all such facilities shall be owned, operated and maintained by PGS. Such facilities shall include two (2) meter stations to serve CGS customers east of the Parkway, which meters shall be generally located at or near (i) the intersection of Hays Road and Hudson Lane and (ii) the Bexley entrance road just east of the intersection of the Parkway and State Road 54, as indicated in Appendix A. In addition, PGS shall provide a temporary compressed natural gas (CNG) facility near Connerton (to enable CGS to serve customers in Connerton), as indicated in Appendix A. PGS shall provide such temporary CNG facility until PGS has installed Gas Service Facilities capable of providing natural gas service to Connerton, which Gas Service Facilities shall be installed and ready for use no later than the earlier to occur of (x) June 2007 or (y) the completion of 150 homes within Connerton. Said Gas Service Facilities shall include a gas delivery main pipeline from the meter station at Hays Road and Hudson Lane to CGS's connection point near the intersection of Hays Road and State Road 52 (approximately two miles to the south). PGS shall ensure that any service provided to customers other than CGS along this delivery main is appropriately accounted for in the billing of service provided to CGS. If CGS elects to receive transportation only service pursuant to Section 3.4, CGS shall (i) on receipt of PGS's invoice therefor, reimburse PGS for all costs incurred for telemetry and other equipment which PGS must install in connection with providing transportation service, and (ii) provide, pay for and set up telecommunications lines required for telemetry. Unless the parties agree otherwise, all facilities used to provide transportation service to CGS hereunder shall be installed, owned, operated and maintained by PGS. Section 3.4 Transportation Service Option. CGS has stated its intent to purchase Gas from PGS pursuant to this Agreement in lieu of receiving transportation only service for CGS's Gas, however, if CGS elects to receive transportation only service for Gas to be delivered to customers within the CGS Territory, CGS shall deliver not less than 30 days' written notice to PGS of such election and shall accept from PGS, effective as of the day on which transportation only service is to commence hereunder, a permanent relinquishment of such interstate pipeline capacity as PGS has required for the delivery to CGS of Gas consumed by customers located within the CGS Territory. The total annual amount of pipeline capacity that CGS will be required to accept shall be based on the previous 12-month average throughput within the CGS Territory. Unless otherwise agreed between PGS and CGS, on and after the day for which CGS first Nominates a quantity of Gas for transportation only hereunder, PGS shall have no obligation to make sales to CGS in lieu of the transportation of Gas contemplated by this Agreement. Such transportation service shall be provided pursuant to PGS's FPSC Tariff and this Agreement. Section 3.5 Distribution Charaes. CGS shall pay PGS each Month for transportation service rendered by PGS (if CGS elects transportation service pursuant to Section 3.4), and/or for Gas purchased from PGS, in accordance with PGS's Rate Schedule WHS filed with and approved by the FPSC. CGS shall not be liable to PGS for the Customer Charges set forth in Rate Schedule WHS until the Month in which service hereunder is first provided by PGS under Rate Schedule WHS for each metered location. Should PGS's rate schedule be subsequently modified as to categorize rates differently, a comparable rate shall apply. ARTICLE IV - BILLING AND PAYMENT Section 4.1 Billina. PGS will bill CGS each Month for all Actual Takes during the preceding Month, and for any other amounts due hereunder. If CGS has elected to receive transportation service pursuant to Section 3.4 and, during the preceding Month, PGS has purchased Gas from CGS pursuant to an interruption, such bill shall show a credit for the estimated amount due CGS for such purchase(s). If the estimated amount owed by PGS to CGS exceeds the amount CGS owes PGS, PGS shall pay CGS the net amount estimated to be due CGS at the time PGS bills CGS. 3 Section 4.2 Payment: Disputes. CGS shall pay such bills, minus any disputed amounts, to PGS at the address specified in the invoice in accordance with the provisions of the Florida Prompt Payment Act, Sections 218.70 et seq., which shall govern the rights and obligations of the parties. All sums not so paid by CGS (or credited or paid by PGS) shall be considered delinquent. Section 4.3 Errors or Estimates. If an estimate is used to determine the amount due CGS for purchases by PGS pursuant to an interruption or curtailment order, PGS shall make any adjustment necessary to reflect the actual amount due CGS on account of such purchases in the next bill rendered to CGS after determination of the actual amount due. An error in any bill, credit or payment shall be corrected in the next bill rendered after the error is confirmed by PGS. ARTICLE V. FAILURE TO MAKE PAYMENT Section 5.1 Late Payment Charae. Charges for services due and rendered which are unpaid as of the past due date are subject to a Late Payment Charge of 1.5%, except the accounts of federal, state, and local governmental entities, agencies, and instrumentalities. A Late Payment Charge shall be applied to the accounts of federal, state, and local governmental entities, agencies, and instrumentalities at a rate no greater than allowed, and in a manner permitted by applicable law. Section 5.2 Other Remedies. If CGS fails to remedy a delinquency in any payment within five (5) Days after written notice thereof by PGS, PGS, in addition to any other remedy may, without incurring any liability to CGS and without terminating this Agreement, suspend further deliveries to CGS until the delinquent amount is paid, but PGS shall not do so if the failure to pay is the result of a bona fide billing dispute, and all undisputed amounts have been paid. If PGS fails to remedy a delinquency in providing a credit (or making payment) to CGS for PGS purchases pursuant to an interruption or curtailment order within five (5) Days after CGS's written notice thereof, CGS, in addition to any other remedy, may, without incurring liability to PGS and without terminating this Agreement, suspend PGS's right to retain and purchase CGS's Gas pursuant to an interruption or curtailment order, but CGS shall not do so if PGS's failure to provide a credit (or make payment) is the result of a bona fide billing dispute, and all undisputed amounts have been credited or paid by PGS. ARTICLE VI . MISCELLANEOUS Section 6.1 Assianment and Transfer. Neither party may assign this Agreement without the prior written consent of the other party. Section 6.2 Governina Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of Florida and shall be subject to all applicable laws, rules and orders of any Federal, state or local governmental authority having jurisdiction over the parties, their facilities or the transactions contemplated. Venue for any action, at law or in equity, commenced by either party against the other and arising out of or in connection with this Agreement shall be in a court, located within the State of Florida, having jurisdiction. Section 6.3 Severabilitv. If any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. Section 6.4 Entire Aareement: APpendices. This Agreement sets forth the complete understanding of the parties as of the date first written above, and supersedes any and all prior negotiations, agreements and understandings with respect to the subject matter hereof. Appendix A attached hereto is an integral part hereof. 4 Section 6.5 Waiver. No waiver of any of the provisions hereof shall be deemed to be a waiver of any other provision whether similar or not. No waiver shall constitute a continuing waiver. No waiver shall be binding on a party unless executed in writing by that party. Section 6.6 Notices. (a) All notices and other communications hereunder shall be in writing and be deemed duly given on the date of delivery if delivered personally or by a recognized overnight delivery service or on the fifth day after mailing if mailed by first class United States mail, registered or certified, return receipt requested, postage prepaid, and properly addressed to the party as set forth below. PGS: CGs: Administrative Matters: Peoples Gas System 702 North Franklin Street P. O. Box 2562 Tampa, FL 33601-2562 Attention: Contractor Administrator Telephone: (813) 228-1559 Facsimile: (813) 228-1268 Administrative Matters: Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 Attention: Gas Supply & Technology Engineer Telephone: (727) 562-4911 Facsimile: (727) 562-4903 Pavment: Peoples Gas System 702 North Franklin Street P. O. Box 2562 Tampa, FL 33601-2562 Attention: Customer Accounting Telephone: (813) 813-228-4149 Facsimile: (813) 813-228-4194 Invoices: Clearwater Gas System 400 North Myrtle Avenue Clearwater, FL 33755 Attention: Gas Supply & TeChnology Engineer Telephone: (727) 562-4911 Facsimile: (727) 562-4903 Section 6.7 Amendments. This Agreement may not be amended except by an instrument in writing signed by duly authorized representatives of both parties. A change in (a) the place to which notices hereunder must be sent or (b) the individual designated as Contact Person shall not be deemed nor require an amendment hereof provided such change is communicated pursuant to Section 6.6. Section 6.8 Leaal Fees. In the event of litigation between the parties hereto arising out of or in connection with this Agreement, then the reasonable attorneys' fees and costs of the party prevailing in such litigation shall be paid by the other party. Section 6.9 Prior Aareement. Subject to the satisfaction of the contingency referenced in Section 2.1, this Agreement shall supersede and replace, as of the date first written above, the 2004 Agreement. If the contingency referenced in Section 2.1 is not satisfied, the 2004 Agreement shall continue in effect according to its terms, and this Agreement shall be of no force or effect. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. PEOPLES GAS SYSTEM, a division of TAMPA ELECTRIC COMPANY By: William N. Cantrell President Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk 6 0. m ~ m 't: o ...... 't: s- a> t- ~ ...... C :::J o () _ 0 - 0 ~CJ) - m :go.. :cE >< a> Wen '"C~ a>CI) CJ) ,_ CJ) > m a>e!) O:::CJ) '"Ca> c- oo. o 0 a> a> (1)f!:: E a> ...... CJ) ~ CI) CJ) m (!) s- 2 ~ m a> () ~ o ....., 'C s.... Q) I-AO ,'^ ""-rW'''' "', ,/~ r-' CJ) co C) SECOND AMENDMENT TO AGREEMENT ~~tGS--\ I !' a. This Second Amendment to Agreement (this "Second Amendment") is made and entered into this _ day of November, 2005, by and between Clearwater Gas System, a department of the City of Clearwater, a Florida municipal corporation ("Clearwater"), and Peoples Gas System, a division of Tampa Electric Company (successor by merger to Peoples Gas System, Inc.), a Florida corporation ("PGS"), to amend certain provisions of the Agreement dated March 17, 1995 between Clearwater and PGS (as heretofore amended, the "Agreement"). Clearwater and PGS are sometimes referred to singularly as "Party" and collectively referred to as "Parties." W II N E SSE I H: WHEREAS, Clearwater and PGS have heretofore entered into the Agreement, a copy of which is attached hereto, for the purpose of avoiding uneconomic duplication of facilities used to provide natural gas service to the public within Pasco County, Florida; WHEREAS, the Agreement was approved by Order No. PSC-95-0620-AS-GU (Docket No. 940660-GU), issued by the Florida Public Service Commission (the "PSC") on May 22, 1995; WHEREAS, because of the manner in which the Natural Gas facilities of the Parties developed, it became desirable that Clearwater provide Natural Gas service to certain areas designated in the Agreement as PGS Territorial Area, and the Parties entered into the First Amendment to Agreement dated December 2, 2004, which was approved by Order No. PSC-05-0163-PAA-GU, issued February 10, 2005; and WHEREAS, the Parties have determined it is desirable that Clearwater provide Natural Gas service to additional areas designated in the Agreement as PGS Territorial Area. NOW, THEREFORE, in fulfillment of the purposes and desires aforesaid, and in consideration of the mutual covenants and agreements herein contained, which shall be construed as being interdependent, the Parties, subject to and upon the conditions herein set forth, hereby agree as follows: 1. Section 1.2 of the Agreement is hereby amended to read in its entirety as follows: Section 1.2 Clearwater Territorial Area As used herein, the term "Clearwater Territorial Area" shall mean the areas labeled Clearwater Gas System Pasco County Service Area on Second Revised Exhibit "A" to this Agreement, which areas are more particularly described as follows: The Oriqinal 1995 Clearwater T erritorv: (a) Beginning at the Gulf of Mexico at the northwest corner of Section 30, Township 25 South, Range 16 East and then running easterly along the section lines approximately 0.5 mile north of Ridge Road to the westernmost property line of the frontage property along the western side of Little Road and then generally northerly along the westernmost property lines of the frontage properties along the western side of Little Road to the centerline of SR 52 and then generally easterly along the centerline of SR 52 to the easternmost boundary of the Serenova Development, intersecting at the centerline of SR 52. The following the eastern and southern boundary lines of the Serenova Development (the legal description of such Development being attached hereto and made a part hereof as Exhibit "B") and then westerly along the southern boundary of the Serenova Development to the northeast corner of Section 2, Township 26 South, Range 17 East and then southerly along the east line of Section 2, 11, 14, 23, 26 and 35 of Township 26 South, Range 17 East to the Hillsborough/Pasco County line, then westerly along the Hillsborough/Pasco County line to the Gulf of Mexico. (b) All parcels of property adjacent to the western right of way of Little Road within the area described in paragraph (a) above. 2 The Added 2004 and 2005 Clearwater T erritorv: (c) Beginning at the easternmost boundary of the Original 1995 Clearwater Territory described in paragraph (a) above at the centerline of SR 52 near Hayes Road, then easterly along the centerline of SR 52 to the centerline of Ehren Cutoff Road (CR 583); then southerly along the centerline of Ehren Cutoff Road (CR 583) to the centerline of Land 0' Lakes Boulevard (US 41); then northerly along the centerline of Land 0' Lakes Boulevard (US 41) to the centerline of Little Lake Thomas Road; then southwesterly along the centerline of Little Lake Thomas Road to the centerline of Tower Road; then southwesterly along the centerline of Tower Road to the east section line of Section 16, Township 26 South, Range 18 East; then south to the southeast corner of Section 16, Township 26 South, Range 18 East; then west to the northeast corner of Section 20, Township 26 South, Range 18 East; then south to the southeast corner of Section 20, Township 26 South, Range 18 East; then west to the northwest corner of Section 30, Township 26 South, Range 18 East; then continuing west to the easternmost boundary of the Original 1995 Clearwater Territory described in paragraph (a) above at or near the northwest corner of Section 25, Township 26 South, Range 17 East; then north along the west section lines of Sections 24, 13, 12 and 1 , Township 26 South, Range 17 East, to the northwest corner of Section 1, Township 26 South, Range 17 East; then east along the southern boundary line of the Serenova Development (Exhibit "B"); then continuing north along the eastern boundary of the Serenova Development until intersecting the centerline of SR 52. (d) A corridor in Section 30, Township 26 South, Range 18 East from the intersection of the centerline of SR 54 and the centerline of the future entrance road to the Bexley Ranch property, northerly along the centerline of the future entrance road to the Bexley Ranch property to the northern boundary of Section 30, Township 26 South, Range 18 East. Said corridor shall include all parcels on the easterly side of the future entrance road to the Bexley Ranch property and all parcels on the westerly side of said entrance road, but excluding all parcels adjacent to SR 54. (e) When reference is made in paragraphs (a) and (c) above to the "centerline" of a boundary line road between the Clearwater and PGS Territorial Areas, it is intended that adjacent parcels on both sides of that road be included within the Clearwater Territorial Area provided that Clearwater has extended its main along the subject boundary line road; however, (i) if Clearwater has not extended main along a boundary line road and (ii) service is requested by a potential customer lying on the PGS side of such a road serving as a boundary line, and (iii) PGS's facilities for the provision of such service are more proximate to such customer than are those of Clearwater, then PGS shall have the right to serve such customer. 3 If there is a conflict between the boundaries of the Clearwater Territorial Area set forth in this Section 1.2 and the boundaries of the Clearwater Territorial Area as depicted on Second Revised Exhibit "A" to this Agreement, the boundaries set forth in this Section 1.2 shall govern. 2. Section 1.3 of the Agreement is hereby amended to read in its entirety as follows: Section 1.3 PGS Territorial Area As used herein, the term "PGS Territorial Area" shall mean the areas labeled Peoples Gas System Pasco County Service Area on Second Revised Exhibit "A" to this Agreement, such areas consisting of all areas within Pasco County which are not located within the Clearwater Territorial Area described in Section 1.2 of this Agreement. If there is a conflict between the boundaries of the PGS Territorial Area set forth in this Section 1.3 and the boundaries of the PGS Territorial Area as depicted on Second Revised Exhibit "A" to this Agreement, the boundaries set forth in this Section 1.3 shall govern. 3. Section 1.8 of the Agreement is hereby amended to read in its entirety as follows: Section 1.8 Territorial Boundarv Line As used herein, the term "Territorial Boundary Line" shall mean each of the boundary lines so labeled, designating the dividing line between the areas shown on Second Revised Exhibit "A" to this Agreement, which boundary lines are more particularly described in Section 1.2 of this Agreement. 4 4. First Revised Exhibit "A" to the Agreement is hereby deleted, and Second Revised Exhibit "A" attached hereto is hereby substituted therefor. 5. Except as modified by this Second Amendment, the Agreement shall continue in full force and effect. 6. The provisions and the Parties' performance of the Agreement, as hereby amended, are subject to the regulatory authority of the PSC, whose approval of the Agreement, as hereby amended, shall be an absolute condition precedent to the validity, enforceability and applicability of this Second Amendment and of the Agreement as hereby amended. This Second Amendment shall have no force or effect whatsoever until such approval has been obtained, and the Parties hereby agree to jointly petition the PSC for such approval. This Second Amendment shall become effective on the date of expiration of the appeal period following the issuance by the PSC of an order approving this Second Amendment and the Agreement as hereby amended. In the event the PSC declines to approve this Second Amendment, the same shall be of no force or effect, and neither Party shall have any claim against the other arising out of this Second Amendment. 5 IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be executed by their respective duly authorized officers as of the date first written above. PEOPLES GAS SYSTEM, a division of Tampa Electric Company By: William N. Cantrell President Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Cynthia E. Goudeau City Clerk Laura Lipowski Assistant City Attorney 6 City Council ~gend~ Co~~r_~e~o!:andum~" rJR- 2- 11.3 ~~ ~*,*,~,_~_~"~","I>1>\Ioi'~~~ Tracking Number: 1,656 Actual Date: 11/03/2005 Subject I Recommendation: Accept grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $219,839 for funding of three teen programs and two middle-school aged summer camp programs and authorize the appropriate officials to execute same. Summary: The City of Clearwater Parks and Recreation Department has been awarded funding for a grant totaling $219,839 for FY 05-06 from the Juvenile Welfare Board. Council approval is required for each subsequent year of the grant. Clearwater Parks and Recreation "Charting a Course for Youth" program was developed in 2000 to nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex, North Greenwood Recreation and Aquatic Complex, and Wood Valley Recreation Center. $108,784 of the grant is for this program. To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed by the teen groups. Program activities include community service; volunteer activities; sports and games; cultural, performing, and visual arts; field trips; and educational programs such as prevention of HIV/AIDS, teen pregnancy, and drug abuse. Each facility has a room that has been completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games. As in previous years, the grant will cover 100% of the "Charting the Course for Youth" program including staff. The full time Recreation Leader positions were funded in FY 00/01 and will continue to be funded by this grant. The North Greenwood Recreation and Aquatic Complex site was added in July of 2003. In FY 03-04, one teen lounge was moved from Joe DiMaggio Sports Complex to Wood Valley Center. Clearwater's in-kind contribution includes overall program supervision and coordination. The City programs a 10-week Summer Camp for economically disadvantaged children aged 10-14 years at the N. Greenwood Recreation Complex and Ross Norton Recreation Complex, serving 140 children aged 10-14 years, camp activities will include: drama, tennis, a ,-'--' ~.....~..r.. u~ City Council Agenda Cover Memoranm!:lJ!!!! rt, computer lab, swimming, field trips, games and sports. This program is compatible with JWB's Strategic Plan in the following areas: providing a substance abuse program, skill development activities, children aged 10-14 years, community-based activities, structured activities, support from 3 or more adults, quality services and activities while preventing problem behaviors. $111,055 of the grant is for this program. The city will provide in-kind support to the Middle School Aged Summer Scholarship Program by providing supervisory oversight and some staff and operating fund assistance. 0.76 FTEs have been transferred into this program from existing summer camp staff. $3,270 in operating funds were transferred from an existing summer camp program. There is no requirement to continue the program when the grant ends. The following special project numbers have been established for accounting purposes: 181-99822- Juvenile Welfare Board/Ross Norton Complex Teens 181-99835 - Juvenile Welfare Board/North Greenwood Teens 181-99847 - Juvenile Welfare Board/Wood Valley Center Teens 181-99893 - Juvenile Welfare Board/N. Greenwood Recreation Complex 2005 181-99894 - Juvenile Welfare Board/Ross Norton Recreation Center 2005 In previous years, these were separate agreements. This is the first year that the Juvenile Welfare Board has combined the programs into one agreement. A copy of the agreement is available for review in the Official Records and Legislative Services Department. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Type: Other Bid Required? No Bid Exceptions: Other Other Contract? JWB Grant Funding In Current Year Budget? Yes ~- City Council AjJenda Cover Memor~,~dum " Budget Adjustment: No Current Year Cost: $219,839.00 Annual Operating Cost: $219,839.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $219,839.00 Not to Exceed: $219,839.00 181-99835 181-99847 181-99893 Amount $38,251.00 $38,057.00 $32,476.00 $29,148.00 Comments JWB Grant Appropriation Code(s) 181-99822 JWB Grant JWB Grant JWB Grant 181-99894 $81,907.00 JWB Grant Review Approval Kevin Dunbar Laura Lipowski 10-06-2005 09:33:53 10-28-2005 08:24: 15 10-06-2005 10:35: 10 10-27-2005 15:35:47 10-14-2005 13:11:39 10-27-2005 17:26:05 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne , .. AGREEMENT Between THE JUVENILE WELFARE BOARD and City of Clearwater Florida Parks and Recreation Department (Middle School-Aged Summer Scholarship Program) (Charting the Course for Youth) ~ ~ ': re"-'~ 11. 3 ... I. PURPOSE The Juvenile Welfare Board of Pinellas County, hereinafter referred to as "JWB" , and City of Clearwater Florida Parks and Recreation Department, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2005 and extending through September 30,2006. II. STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB or the County of Pinellas, and are subject to the supervision, personnel practices and policies of the provider. Unless otherwise approved by JWB, all staff shall meet qualifications as stated in the application and any approved revisions which are submitted for fiscal year 05-06 funding. III. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices, as determined by JWB, in service areas stated in Attachment 3, and pursuant to the General Conditions listed in Attachment 1, and any special conditions as stated in Section VIII of this Agreement. IV. FUNDS The budget for both JWB and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. JWB agrees to reimburse up to $111,055 for Middle School-Aged Summer Scholarship Program for services rendered; $108,784 for Charting the Course for Youth for actual costs incurred pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment V (or on the preceding working day in case of a holiday). The Provider may select to submit a request for payment every other week or once a month _ Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. VI. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children, as determined by JWB. 2. Except as provided in subparagraphs 3 and 4 below, this Agreement may be terminated by either party upon no less than thirty (30) days notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Agency: City of Clearwater Page 1 of 3 Section I 09/19/05 1 :23:29 PM j " · I 1 3. In the event funds to finance this Agreement become unavailable, JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB shall endeavor, whenever possible and consistent with its legal obligations and principles of prudent management to provide 30 days notice for Termination for Lack of Funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI., 2 above, this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement, including all attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any future breaches, including breaches of the same type. 5. The above provisions shall not limit JWB's right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for services rendered under this Agreement shall not commence prior to its effective date. VIII. SPECIAL CONDITIONS The following condition(s) apply to all listed programs within City of Clearwater. 1. General Condition #3 (Audit and Management Letter) is waived. 2. General Condition #6 (Board Members and Meetings) is waived. Agency: City of Clearwater Page 2 of 3 Section I 09/19/05 1 :23:29 PM 'J IX. ' i INDEMNIFICATION The Parties recognize and agree to abide by the provisions of S 768.28, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day of ,2005. Signed, sealed and delivered In the presence of: JUVENILE WELFARE BOARD OF PINELLAS COUNTY Witness Signature Executive Director Print Name: Print Name: Witness Signature Date Print Name: IN WITNESS WHER~OF, the parties hereto have set their hands and seal t~is ,2005. day of Cou ntersig ned: CITY OF CLEARWATER, FLORIDA Frank Hibbard By: William B. Horne, II Attest: Laur Lipowski Assis ant City Attorney Cynthia E. Goudeau City Clerk Agency: City of Clearwater Page 3 of 3 6111200512:12:58 PM Section I . . ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1. Aqreement Revisions This Agreement, and attachments 1 through 4, constitute the contractual relationship between the Provider and JWB. No amendments to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2. Fiscal Responsibilitv - Provider agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. B. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. C. To maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. 3. Audit and Manaqement Letter Within 120 days of the close of its fiscal year, Provider agrees to submit to JWB an independent audit of the financial statements of the entity in its entirety and any accompanying management letter(s). The audit must be performed by a firm licensed to perform audits in the State of Florida and conducted in accordance with generally.accepted auditing standards and standards established by the American Institute of Certified Public Accountants. The audit will separately identify JWB revenues, fees and donations, and expenditures by program. 4. Other Financial Support A. Within 30 days of the effective date of this Agreement, and at any subsequent time as a revision in the budget may be reasonably anticipated, Provider will submit to JWB for its approval a revised budget which again includes all resources to be applied to the program funded under this Agreement. A written justification will be made of any difference in the proposed budget revision and the approved budget. Statements which reflect reductions in excess of 5% of total program funding or $5,000, whichever is least, as reflected in the approved budget, or reduction in any amount which in the judgment of JWB would significantly interfere with implementation of the program as originally approved, may be grounds for breach of Agreement. B. Provider will report any request to any other source for financial support relating to this program for this fiscal year; and report any other financial support received which amounts to 10% of the total program cost or $5,000, whichever is least, and an explanation of how such additional funds will be used. A full copy of requests or applications for other financial support will be provided if requested by JWB. C. JWB funds will not be used for expenditures also funded by other sources. D. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances Provider is required to obtain prior approval from JWB. Agency: City of Clearwater Page 1 Of3 Section II 09/19/051:23:29 PM . 1 5. , Proqram Monitorinq Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB (including SAMIS and A.S.S.E.T.), and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 6. Board Members and Meetinqs Within 30 days of the effective date of this Agreement, Provider will submit to JWB a calendar of scheduled Board meetings for the current fiscal year. Approved Board minutes and an updated list of Board Members shall be submitted in accordance with JWB policy. 7. Nondiscrimination Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizinq of JWB Support Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. 9. Publications Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement. 10. Assiqnments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in addition to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. 11. Confidential Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, with the following exceptions: a) such information may be revealed as may be necessary to implement General Conditions 2 and 5; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent (authorization) of the recipient, or the recipient's responsible parent or guardian, where authorized by law. The provider is responsible to adopt appropriate policies, notifications, authorizations, and other relevant information that allows for the sharing of confidential information. 12. Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Agency: City of Clearwater Page 2 Of3 Section II 09/19/05 1 :23:29 PM . . 13. Special Situations Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. 14. Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider's governing board. 15. Measurable Obiectives Provider agrees to negotiate measurable outcomes for services covered by this contract consistent with established JWB policies and procedures. 16. Waiver JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where warranted by special circumstances. 17. AQencv & ProQram Data Maintained In 2-1-1 Database Provider agrees to maintain accurate and up-to-date agency and program data in the 2-1-1 Tampa Bay Cares database. The Provider will review and update (as necessary) this data at least once annually. The Provider will list data for newly funded program(s) within thirty (30) calendar days of the date that JWB funds the program. Agency: City of Clearwater Page 3 Of3 Section II 09/19/05 1 :23:29 PM . . ATTACHMENT 2 City of Clearwater Middle School-Aged Summer Scholarship Program MEASURABLE OBJECTIVES FY05-06 Client level Measurable Objectives (CDG) All Primary Participants will be measured through the Measurable Objective reporting module in SAMIS within a twelve month period. Service Component: Summer Camp Objective ID Objective Description 2498 Eighty percent (80%) of primary youth, in conjunction with a staff member, will establish two personal development goals related to MSASS activities and will achieve satisfactory attainment of each goal as measured by a 4 or 5 on the Goal Writing Worksheet. Staff will rate each youth's progress on each goal on the Goal Writing Worksheet during the ninth week of the summer camp program. Staff will enter data into SAMIS by the final day of the program (post). (CDG Summary) 2499 Eighty percent (80%) of primary youth will show improvement in their interpersonal skills by the end of the summer camp program as measured by an increase of at least three points from pre to post on the Interpersonal Assessment Scale. Program staff will complete the Interpersonal Assessment Scale by the end of the first week of the summer camp program (pre) and during the final week of the summer camp program (post). Staff will enter data into SAMIS by the final day of the program. (CDG Summary) Contracted Service Levels Client Level Minimum Service Levels (CDG) Primary Participants Contracted Primary Youth: 140 Contracted Primary Adults: 0 Total Contracted Primary Youth and Adults: 140 Secondary Participants Estimated Secondary Youth: 0 Estimated Secondary Adults: 0 Total Secondary Youth and Adults:O Group Level Minimum Service levels (Group Activity) Section I: Minimum Service Levels for Group Activities Contracted Youth: 0 Contracted Adults: 0 Total Contracted Youth and Adults: 0 Section II: Number of Activities Activity Type Agency: City of Clearwater Quantity Page10f2 Section III 09/19105 1 :23:29 PM Status: Submitted . J Section III: Number of Youth and Adults per Activity Activity Type Youth Adults Agency: City of Clearwater Page20f2 Secti () n III 09/19/051:23:29 PM Status: Submitted ATTACHMENT 2 City of Clearwater Charting the Course for Youth MEASURABLE OBJECTIVES FY05-06 Client level Measurable Objectives (CDG) All Primary Participants will be measured through the Measurable Objective reporting module in SAMIS within a twelve month period. Service Component: General Youth Services Objective 10 2417 2451 Objective Description Ninety percent (90%) of primary youth will improve interpersonal skills measured by at least a nine (9) point increase in scores from pre to post on the Interpersonal Assessment Scale. Program staff will complete the Interpersonal Assessment Scale when the youth enter the program (pre) and the six (6) month anniversary date of enrollment, the twelve (12) month anniversary date of enrollment, the twenty-four (24) month anniversary date of enrollment, the thirty-six (36) month anniversary date of enrollment, the forty-eight (48) month anniversary date of enrollment, the sixty (60) month anniversary date of enrollment, and the seventy-two (72) month anniversary date of enrollment, or at case closure, whichever occurs first (post). (COG-Summary) Ninety percent (90%) of primary youth will express satisfaction with the program as indicated by a score of at least 49 points on the Youth Satisfaction Survey. Program staff will administer the self-report Youth Satisfaction Survey at the twelve (12) month anniversary date of enrollment, the twenty-four (24) month anniversary date of enrollment, the thirty-six (36) month anniversary date of enrollment, the forty-eight (48) month anniversary date of enrollment, the sixty (60) month anniversary date of enrollment, and the seventy-two (72) month anniversary date of enrollment, or at case closure, whichever occurs first (post). Data will be entered into SAMIS as it is collected. (COG - Summary) Manual Measurable Objectives Objective 10 Objective Description MMO-327 Program will document all community activities and events sponsored in the SAMIS Group Data Module. Contracted Service levels Client Level Minimum Service Levels (COG) Primary Participants Contracted Primary Youth: 108 Contracted Primary Adults: 0 Total Contracted Primary Youth and Adults: 108 Secondary Participants Estimated Secondary Youth: 0 Estimated Secondary Adults: 0 Total Secondary Youth and Adults:O Group level Minimum Service Levels (Group Activity) Agency: City of Clearwater Page10f2 Section III 09/19/05 1 :23:29 PM Status: Submitted . Sectio'n'l: Minimum Service Levels for Group Activities Contracted Youth: 0 Contracted Adults: 0 Total Contracted Youth and Adults: 0 Section II: Number of Activities Activity Type Quantity Section III: Number of Youth and Adults per Activity Activity Type Youth Adults Agency: City of Clearwater Page20f2 Section III 09/19/051:23:29 PM Status: Submitted , . ATTACHMENT 3 GEOGRAPHICAL SERVICE AREA Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target client group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Service will be provided countywide Services will be provided less than countywide. Service will be provided in the following zip codes (list all zip codes of the target area) Middle School-Aged Summer Scholarship Program 33755,33756 Charting the Course for Youth 33755,33756,33759 Agency: City of Clearwater Page 1 Of 1 Section IV 09/19/051:23:29 PM '. . , ATTACHMENT 4 BUDGET(S) The provider will deliver services according to the budget(s) following this page. Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as found in Attachment 1 of this agreement. Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the budget amendment approval guidelines established on 10/05fOO. Copies of these guidelines are available from JWB upon request. In all instances, budget amendments require electronic approval in SAMIS by JWB staff. For all amendments, the following guidelines apply: A. Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff. B. A change in an individual position salary or fringe expenditure shall be considered as separate line items. The program may make transfers between individual salary and fringe lines, but such transfers may not exceed 10% of individual salary and may not exceed the aggregate amount of approved salary and fringe. C. Any adjustments made by funded agencies which are not in accordance with JWB policy shall be subject to reimbursement of JWB at the discretion of JWB. No adjustment may be made after the budget amendment closing date in September. Reimbursement on per diem contracts may not exceed one-fourth of the total annual JWB allocation in any quarter of the fiscal year without prior JW~ approval. Any unused per diem in one quarter may be carried over to a subsequent quarter within the fiscal year given adequate justification and with the prior approval of JWB. Agency: City of Clearwater Page 1 Of 1 Section V 09/19/05 1 :23:29 PM , . FORM 2 MIDDLE SCHOOL-AGED SUMMER SCHOLARSHIP PROGRAM CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (5) (6) 04-05 05-06 04-05 05-06 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $51,336 $62,376 22% $0 $0 0% Total Salary : $51,336 $62,376 22% $0 $0 0% Fringe Accounts: 569.210 FICA $2,585 $2,782 8% $0 $0 0% 569.220 Retirement Contributions $1,341 $2,954 120% $0 $0 0% 569.230 Life and Health Insurance $3,315 $5,046 52% $0 $0 0% 569.240 Workers Compensation $0 $1,218 100% $0 $0 0% 569.250 Unemployment Compensation $0 $0 0% $0 $0 0% Total Fringe: $7,241 $12,000 66% $0 $0 0% Operating Expense Accounts: 569.310 Professional Services $43,150 $40,350 -6% $0 $0 0% 569.311 Professional ServiceslWorkshops $0 $0 0% $0 $0 0% 569.320 Accounting and Auditing $0 $0 0% $0 $0 0% 569.321 Bank Services $0 $0 0% $0 $0 0% 569.330 Court/Legal Services $0 $0 0% $0 $0 0% 569.340 Other Contractual Services $0 $0 0% $0 $0 0% 569.350 Investigations $0 $0 0% $0 $0 0% 569.400 Travel and Per Diem $0 $0 0% $0 $0 0% 569.401 Conference $0 $0 0% $0 $0 0% Agency: City of Clearwater Page1 Of3 Section VI 09/19/051:23:29 PM Status: Submitted . . (1 ) (2) (3) (4) (5) (6) 04-05 05-06 04-05 05-06 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 569.402 Transportation $10,315 $10,315 0% $0 $0 0% 569.410 Communications-Telephone $0 $0 0% $0 $0 0% 569.411 Communications-Long Distance $0 $0 0% $0 $0 0% 569.412 Communications-Postage and $0 $0 0% $0 $0 0% Shipping 569.413 Comm u nication-I nternet $0 $0 0% $0 $0 0% 569.430 Utility Services $0 $0 0% $0 $0 0% 569.431 Water/Sewer/Sanitation $0 $0 0% $0 $0 0% 569.440 Rentals & Leases (Building & Land) $0 $0 0% $0 $0 0% 569.441 Rentals & Leases - Equipment $0 $0 0% $0 $0 0% 569.450 Insurance $0 $0 0% $0 $0 0% 569.460 Repair & Maintenance Services - $0 $0 0% $0 $0 0% Equipment 569.461 Repair & Maintenance Services - $0 $0 0% $0 $0 0% Property 569.462 Repair & Maintenance Services - $0 $0 0% $0 $0 0% Grounds 569.463 Vehicle Repair and Maintenance $0 $0 0% $0 $0 0% Services 569.470 Printing & Binding $0 $0 0% $0 $0 0% 569.471 Copying & Binding $0 $0 0% $0 $0 0% 569.480 Promotional Activities $0 $0 0% $0 $0 0% 569.481 Advertising $0 $0 0% $0 $0 0% 569.493 Match $0 $0 0% $0 $0 0% 569.494 Administrative Cost $0 $0 0% $0 $0 0% 569.495 Residential Per Diem $0 $0 0% $0 $0 0% 569.496 Day Program Per Diem $0 $0 0% $118,320 $111,055 -6% Agency: City of Clearwater Page2 Of3 09/19/051:23:29 PM Section VI Status: Submitted , . (1 ) (2) (3) (4) (5) (6) 04-05 05-06 04-05 05-06 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLoe. ALLoe. CHG. 569.497 Day Program Subsidy $0 $0 0% $0 $0 0% 569.498 Day Program Hourly Unit Cost $0 $0 0% $0 $0 0% 569.510 Office Supplies $700 $700 0% $0 $0 0% 569.515 Participant Expenses $30,268 $29,026 -4% $0 $0 0% 569.520 Operating Supplies $9,050 $7,222 -20% $0 $0 0% 569.521 Food & Nutrition $5,250 $5,250 0% $0 $0 0% 569.540 Subscriptions $0 $0 0% $0 $0 0% 569.541 Books $0 $0 0% $0 $0 0% 569.542 Dues & Memberships $0 $0 0% $0 $0 0% 569.543 Educational Materials $2,820 $0 -100% $0 $0 0% 569.544 Educational Training $0 $0 0% $0 $0 0% 569.590 Depreciation $0 $0 0% $0 $0 0% 569.600 Other/Miscellaneous $0 $0 0% $0 $0 0% 569.640 Machinery & Equipment (Capital $0 $0 0% $0 $0 0% Outlay) 569.660 Books, Publications, and Library $0 $0 0% $0 $0 0% Materials (Capital) Total Operating Expense: $101,553 $92,863 -9% $118,320 $111,055 -6% Total Program Expenses: $160,130 $167,239 4% $118,320 $111,055 -6% Agency: City of Clearwater Page3 Of3 Section VI 09/19/051:23:29 PM Status: Submitted Agency: City of Clearwater Page10f2 Section VII 09/19/05 1 :23:29 PM Status: Submitted . . Salary In Fringe In JWB Request JWB Request Salary Gross Position Employee % Time Salary Program Program For Salary For Fringe Funding % In 05-06 05-06 05-06 05-06 05-06 TOTALS $245,521 $62,376 $12,000 $0 $0 0.00% Agency: City of Clearwater Page20f2 Section VII 09/19/05 1 :23:29 PM Status: Submitted '" FORM 4 MIDDLE SCHOOL-AGED SUMMER SCHOLARSHIP PROGRAM SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 05-06 ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE/ DECREASE 569.120 Regular Salaries and Wages $62,376 22% 9/8/2005 The City of Clearwater provides in kind program supervision support. 569.210 FICA $2,782 8% 9/8/2005 Municipal employees with a pension plan hired before 1986 do not pay FICA, those hired after 1986 only pay FICA-Med at 1.45 percent of annual salary. 4 of 5 employees pay FICA med and Miller does not pay any FICA per IRS rules. Summer staff pay 7.65%. 569.220 Retirement Contributions $2,954 120% 9/15/20059/15/20059/8/2005 City pension plan is calculated at 10% of annual salary. This figure increased due to the state of the economy and the fund requires more contributions to ensure enough money is available for payments. Full time employees are elegible for the pension plan. 850+217+1104+217+566 569.230 Life and Health $5,046 52% Insurance 9/8/2005 Full time employees receive medical insurance at no cost to the employee; employer's cost is set by bid, FY 05/06= $6,400. 5 employees receive Group Life insurance at $10 annually. 2 employees receive additional life insurance at 1% of employee's base salary. 4 employees receive additional management level life insurance. 569.240 Workers Compensation $1,218 100% 9/8/2005 The City of Clearwater pays $1625 per full time employee for Worker's Compensation for City paid program employees Worker's Comp is set per Department depending on the number and cost of claims made previously. Summer staff is not included in worker's compensation calculations. 244+81+406+81+406 569.250 Unemployment $0 0% Compensation Agency: City of Clearwater Page 1 Of 7 Sectio n VIII 09/19/05 1 :23:29 PM Status: Submitted , . ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE/ DECREASE OPERATING EXPENSE BUDGET NARRATIVE 569.310 Professional Services $40,350 -6% 9/16/20059/16/2005 Youth Arts Corp will be hired to provide the educational component. Administrative meetings 6 artists@$22/hr x 25 hrs =$3300 plus 1 teacher @$22/hr x 25 hrs=$550 Materials-$1,300 Program costs certified teacher- $22/hrx5hr/day x 3 days/wk x 10 weeks=$3,300 Curriculum development-$550 NG artists 4@$22/hr x 5hr/day x 3days/wk x 10wks = $13,200 Planning hrs 100 x $22/hr = $2,200 Supplies-$3,500 RN artists 2 @ $22/hr x 5hr/day x 3 days x 10 wks = $6,600 Planning 50hr x $22/hr = $1,100 Supplies-$1,760 8% administration = $2,990 Expenses requested were decreased to cover the additional salary required. Original Budget Calculation =3300+1300+550+3300+550+13200+2200+ 3500+6600+1100+1760+2990 569.311 Professional $0 0% ServiceslWorkshops Original Budget Calculation =0+0 569.320 Accounting and Auditing $0 0% Original Budget Calculation =0+0 569.321 Bank Services $0 0% Original Budget Calculation =0+0 569.330 Court/Legal Services $0 0% Original Budget Calculation =0+0 569.340 Other Contractual $0 0% Services Original Budget Calculation =0+0 569.350 Investigations $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 2 Of 7 Section VIII 09/19/05 1 :23:29 PM Status: Submitted . . DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.400 Travel and Per Diem $0 0% Original Budget Calculation =0+0 569.401 Conference $0 0% Original Budget Calculation =0+0 569.402 Transportation $10,315 0% 9/15/2005 9/8/2005 RN school buses 4 7hr trips $2400 57.5 hr trips $3500 1 4 hr trip $450 1 6.5 hr trip $550 210 hr trips $1800 NG school buses Parking 3 @ $20 = $60 Skating $180 Phillippe Park $175 Treasure Island Center $150 Adventure Island $225 Laser Xtreme $175 Lithia Springs $225 Bowling $125 MOSI $200 Clw Marine Aquarium $100 Original Budget Calculation =2400+3500+450+550+1800+60+180+175+ 150+225+175+225+125+200+100 569.410 Communications-Teleph $0 0% one Original Budget Cal culation =0+0 569.411 Communications-Long $0 0% Distance Original Budget Cal culation =0+0 569.412 Communications-Postag $0 0% e and Shipping Original Budget Calculation =0+0 569.413 Commu nication-I nternet $0 0% Original Budget Calculation =0+0 569.430 Utility Services $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 3 Of 7 Section VIII 09/19/051:23:29 PM Status: Submitted ", DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.431 Water/Sewer/S anitation $0 0% Original Budget Calculation =0+0 569.440 Rentals & Leases $0 0% (Building & Land) Original Budget Calculation =0+0 569.441 Rentals & Leases - $0 0% Equipment Original Budget Calculation =0+0 569.450 Insurance $0 0% Original Budget Calculation =0+0 569.460 Repair & Maintenance $0 0% Services - Equipment Original Budget Calculation =0+0 569.461 Repair & Maintenance $0 0% Services - Property Original Budget Calculation =0+0 569.462 Repair & Maintenance $0 0% Services - Grounds Original Budget Calculation =0+0 569.463 Vehicle Repair and $0 0% Maintenance Services Original Budget Calculation =0+0 569.470 Printing & Binding $0 0% Original Budget Calculation =0+0 569.471 Copying & Binding $0 0% Original Budget Calculation =0+0 569.480 Promotional Activities $0 0% Original Budget Calculation =0+0 569.481 Advertising $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 4 Of 7 Section VIII 09/19/051:23:29 PM Status: Submitted " DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.493 Match $0 0% Original Budget Calculation =0+0 569.494 Administrative Cost $0 0% Original Budget Calculation =0+0 569.495 Residential Per Diem $0 0% Original Budget Calculation =0+0 569.496 Day Program Per Diem $0 0% 9/15/2005 140 teens to be served at a cost of about $15.87 each per day, Original Budget Calculation =0+0 569.497 Day Program Subsidy $0 0% Original Budget Calculation =0+0 569.498 Day Program Hourly $0 0% Unit Cost Original Budget Calculation =0+0 569.510 Office Supplies $700 0% 9/8/2005 NG Pens, paper, markers $500 RN Pens, paper, markers $200 Expenses requested were decreased to cover the additional salary required. Office supplies will be provided from the City's in kind contribution. Original Budget Calculation =500+200 Agency: City of Clearwater Page 5 Of 7 Section VIII 09/19/051:23:29 PM Status: Submitted '. ACCOUNT # ACCOUNT NAME 569.515 Participant Expenses 569.520 Operating Supplies Agency: City of Clearwater DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED 9/15/2005 9/8/2005 9/8/2005 NG Field Trips Bowling $540 Movies $677 Busch Gardens/Adventure Island + meals $7910 4 Museums $2712 Celebration Station $1921 Islands of Adventure + meals $4971 Disney World + meals $7345 RN Field Trips Ice Skating $300 Treasure Island Center $200 Advenure Island $1300 Laser Xtreme $550 Lithia Springs $50 Bowling $250 Clw Marine Aquarium $300 Expenses requested were decreased to cover the additional salary required. Original Budget Calculation =540+677+7910+2712+1921+4971+7345+3 00+200+1300+550+50+250+300 9/15/20059/8/2005 NG 175 shirts $875 games $900 Trophies $700 Sports equipment $800 Film, video tape $600 Whistles, laynard $60 Card holders $35 DVD movies $200 Goggles $199 RN T shirts $350 Games & equipment $500 Sports equipment $330 Video games $401 Fishing equipment $500 Goggles and fins $500 Movies $272 Expenses requested were decreased to cover the additional salary required. Original Budget Calculation =875+900+700+800+600+60+35+200+199+ 350+500+330+401+500+272+500 Page 6 Of 7 Section VIII LINE ITEM $ AMOUNT $29,026 $7,222 PERCENT INCREASEI DECREASE -4% -20% 09/19/05 1 :23:29 PM Status: Submitted " DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.521 Food & Nutrition $5,250 0% 9/15/20059/8/2005 NG 3 pizza parties $720 2 cookouts $1000 Powerade drink mix $750 Chips $370 Freeze pops $10 RN Snacks $1000 Lunch 14 days of no school lunch $1400 Original Budget Calculation =720+1000+750+370+10+1000+1400 569.540 Subscriptions $0 0% Original Budget Calculation =0+0 569.541 Books $0 0% Original Budget Calculation =0+0 569.542 Dues & Memberships $0 0% Original Budget Calculation =0+0 569.543 Educational Materials $0 -100% Original Budget Calculation =0+0 569.544 Educational Training $0 0% Original Budget Calculation =0+0 569.590 Depreciation $0 0% Original Budget Calculation =0+0 569.600 Other/Miscellaneous $0 0% Original Budget Calculation =0+0 569.640 Machinery & Equipment $0 0% (Capital Outlay) Original Budget Calculation =0+0 569.660 Books, Publications, and $0 0% Library Materials (Capital) Original Budget Calculation =0+0 Agency: City of Clearwater Page 7 Of 7 Section VIII 09/19/05 1 :23:29 PM Status: Submitted ., FORM 5 Middle School-Aged Summer Scholarship Program SOURCES OF REVENUE 03-04 04-05 04-05 04-05 05-06 05-06 05-06 Percent Funder Type/Funder Total Budget Amend Total Budget Amend Total Increasel Decrease Government. Local (City/County) City of Clearwater $0 $35,857 $0 $35,857 $56,184 $0 $56,184 57% $0 $35,857 $0 $35,857 $56,184 $0 $56,184 57% Other/Miscellaneous Miscellaneous Funding $0 $1,753 $0 $1,753 $0 $0 $0 -100% $0 $1,753 $0 $1,753 $0 $0 $0 -100% Program Revenue Fees for Service $0 $4,200 $0 $4,200 $0 $0 $0 -100% $0 $4,200 $0 $4,200 $0 $0 $0 -100% Grand Total $0 $41,810 $0 $41,810 $56,184 $0 $56,184 34% FY 05-06 Totals Total Program Revenue $167,239 Total Program Budget $167,239 Difference $0 Total CSC Allocation $111,055 Agency: City of Clearwater Page1Of1 Section IX 09/19/05 1 :23:29 PM Status: Submitted ., '. FunderTyp~Funder Government - Local (City/County) City of Clearwater Agency: City of Clearwater FORM 6 Middle School-Aged Summer Scholarship Program SOURCES OF REVENUE NARRATIVE FY 05-06 Total Narrative $56,184 The City of Clearwater Parks and Recreation Department provides in kind staff and revenue support for this program. The Department is funded by the general fund which recieves most of its funding from Ad Valorem taxes. Page10f1 Section X 09/19/051:23:29 PM Status: Submitted ", END OF PROGRAM BUDGET FOR Middle School-Aged Summer Scholarship Program Agency: City of Clearwater Page10f1 Section XI 09/19/051:23:29 PM FORM 2 CHARTING THE COURSE FOR YOUTH CURRENT & PROPOSED OPERATING BUDGET (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1 ) (2) (3) (4) (5) (6) 04-05 05-06 04-05 05-06 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $122,184 $115,496 -5% $70,489 $71,865 2% Total Salary : $122,184 $115,496 -5% $70,489 $71,865 2% Fringe Accounts: 569.210 FICA $1,528 $1,513 -1% $1,022 $1,041 2% 569.220 Retirement Contributions $8,556 $11,550 35% $4,935 $7,187 46% 569.230 Life and Health Insurance $27,037 $26,054 -4% $18,636 $19,690 6% 569.240 Workers Compensation $3,884 $3,430 -12% $1,770 $1,887 7% 569.250 Unemployment Compensation $0 $0 0% $0 $0 0% Total Fringe: $41,005 $42,547 4% $26,36'3 $29,805 13% Operating Expense Accounts: 569.310 Professional Services $1,350 $450 -67% $1,350 $450 -67% 569.311 Professional ServiceslWorkshops $0 $0 0% $0 $0 0% 569.320 Accounting and Auditing $0 $0 0% $0 $0 0% 569.321 Bank Services $0 $0 0% $0 $0 0% 569.330 CourULegal Services $0 $0 0% $0 $0 0% 569.340 Other Contractual Services $0 $0 0% $0 $0 0% 569.350 Investigations $0 $0 0% $0 $0 0% 569.400 Travel and Per Diem $0 $0 0% $0 $0 0% 569.401 Conference $0 $0 0% $0 $0 0% Agency: City of Clearwater Page1 Of3 Section VI 09/19/05 1 :23:29 PM Status: Submitted .', (1) (2) (3) (4) (5) (6) 04-05 05-06 04-05 05-06 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 569.402 Transportation $0 $0 0% $0 $0 0% 569.410 Comm unications- Telephone $0 $0 0% $0 $0 0% 569.411 Communications-Long Distance $0 $0 0% $0 $0 0% 569.412 Communications-Postage and $0 $0 0% $0 $0 0% Shipping 569.413 Com munication-Internet $0 $0 0% $0 $0 0% 569.430 Utility Services $0 $0 0% $0 $0 0% 569.431 Water/Sewer/Sanitation $0 $0 0% $0 $0 0% 569.440 Rentals & Leases (Building & Land) $0 $0 0% $0 $0 0% 569.441 Rentals & Leases - Equipment $0 $0 0% $0 $0 0% 569.450 Insurance $0 $0 0% $0 $0 0% 569.460 Repair & Maintenance Services - $0 $0 0% $0 $0 0% Equipment 569.461 Repair & Maintenance Services - $0 $0 . 0% $0 $0 0% Property 569.462 Repair & Maintenance Services - $0 $0 0% $0 $0 0% Grounds 569.463 Vehicle Repair and Maintenance $0 $0 0% $0 $0 0% Services 569.470 Printing & Binding $0 $0 0% $0 $0 0% 569.471 Copying & Binding $0 $0 0% $0 $0 0% 569.480 Promotional Activities $0 $0 0% $0 $0 0% 569.481 Advertising $0 $0 0% $0 $0 0% 569.493 Match $0 $0 0% $0 $0 0% 569.494 Administrative Cost $0 $0 0% $0 $0 0% 569.495 Residential Per Diem $0 $0 0% $0 $0 0% 569.496 Day Program Per Diem $0 $0 0% $0 $0 0% Agency: City of Clearwater Page:.! Of3 09/19/051:23:29 PM Section VI Status: Submitted (1 ) (2) (3) (4) (5) (6) 04-05 05-06 04-05 05-06 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. 569.497 Day Program Subsidy $0 $0 0% $0 $0 0% 569.498 Day Program Hourly Unit Cost $0 $0 0% $0 $0 0% 569.510 Office Supplies $184 $200 9% $184 $0 -100% 569.515 Participant Expenses $2,250 $1,684 -25% $2,250 $1,684 -25% 569.520 Operating Supplies $2,100 $2,100 0% $2,100 $2,100 0% 569.521 Food & Nutrition $2,880 $2,880 0% $2,880 $2,880 0% 569.540 Subscriptions $0 $0 0% $0 $0 0% 569.541 Books $0 $0 0% $0 $0 0% 569.542 Dues & Memberships $0 $0 0% $0 $0 0% 569.543 Educational Materials $0 $0 0% $0 $0 0% 569.544 Educational Training $0 $0 0% $0 $0 0% 569.590 Depreciation $0 $0 0% $0 $0 0% 569.600 Other/Miscellaneous $0 $0 0% $0 $0 0% 569.640 Machinery & Equipment (Capital $0 $0 0% $0 $0 0% Outlay) 569.660 Books, Publications, and Library $0 $0 0% $0 $0 0% Materials (Capital) Total Operating Expense: $8,764 $7,314 .17% $8,764 $7,114 -19% Total Program Expenses: $171,953 $165,357 -4% $105,616 $108,784 3% Agency: City of Clearwater Page3 Of3 Section VI 09/19/05 1 :23:29 PM Status: Submitted " " FORM 3 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION FISCAL YEAR 05-06 Gross Salary In Fringe In JWB Request JWB Request Salary Position Employee % Time Salary Program Program For Salary For Fringe Funding % In 05-06 05-06 05-06 05-06 05-06 Program Coordinator Clayton 5% $47,140 $2,357 $676 $0 $0 0.00% Program Coordinator LaTerza 15% $56,684 $8,503 $2,279 $0 $0 0.00% Rec Programmer F Dixon 100% $25,475 $25,475 $10,211 $25,475 $10,211 100.00% Recreation Leader A Menchaca 100% $25,878 $25,878 $10,002 $25,878 $10,002 100.00% Recreation Leader S. Buchanan 100% $20,512 $20,512 $9,592 $20,512 $9,592 100.00% Specialist Miller 25% $44,158 $11,040 $3,243 $0 $0 0.00% Supervisor II Richardson 25% $43,429 $10,857 $3,271 $0 $0 0.00% Supervisor II Sowada 25% $43,495 $10,874 $3,273 $0 $0 0.00% TOTALS $306,771 $115,496 $42,547 $71,865 $29,805 62.22% Agency: City of Clearwater Page10f1 Section VII 09/19/051:23:29 PM Status: Submitted FORM 4 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 05-06 ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASEIDECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASE/ DECREASE 569.120 Regular Salaries and $115,496 -5% Wages 8/1/2005 Budget includes in-kind support of Coordinators, Supervisors, and Programmers. JWB provides 100% support for Recreation Leaders and a Programmer. 569.210 FICA $1,513 -1% 9/8/20058/1/2005 Municipal employees with a pension plan hired before 1986 do not pay FICA, those hired after 1986 only pay FICA-Med at 1.45 percent of annual salary. 7 of 8 employees pay FICA med and Miller does not pay any FICA per IRS rules. 375+297+123+34+158+369+157 569.220 Retirement $11,550 35% Contributions 8/22/2005 City pension plan is calculated at 10% of annual salary. This percentage increased from 7% in years past due to the state of the economy. The increase is needed to keep the account fiscally viable. There has been a decrease in the percentage of interest made by the account. All grant employees 'are elegible for the pension plan. 569.230 Life and Health $26,054 -4% Insurance 8/8/2005 Full time employees receive medical insurance at no cost to the employee; employer's cost is set by bid, FY 05/06= $6,400. All employees receive Group Life insurance at $10 annually. All employees may receive additional life insurance at 1% of employee's base salary, but LaTerza, Miller, Dixon, and Buchanan are the only employees in the program who have chosen to. Coordinators Supervisors, and Specialists receive additional management level life insurance. 569.240 Workers Compensation $3,430 -12% 9/8/2005 8/8/2005 The City of Clearwater pays $1625 per full time employee for Worker's Compensation for City paid program employees (5) and $629 for grant paid employees-Dixon, Menchaca, and Buchanan. Worker's Comp is set per Department depending on the number and cost of claims made previously. The grant paid employees are in a separate category (special programs) and therefore are not charged the same rate as the City paid P&R staff. (629 x 3)+ 244 + 81 + (406 x 3) Agency: City of Clearwater Page 1 Of 8 Section VIII 09/19/05 1 :23:29 PM Status: Submitted ... ACCOUNT # ACCOUNT NAME 569.250 Unemployment Compensation Agency: City of Clearwater DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT $0 Page 2 Of 8 Section VIII PERCENT INCREASEI DECREASE 0% 09/19/051:23:29 PM Status: Submitted .. ACCOUNT # ACCOUNT NAME DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASEIDECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT PERCENT INCREASEI DECREASE OPERATING EXPENSE BUDGET NARRATIVE 569.310 Professional Services $450 -67% 9/7/20059/7/20059/7/20058/1/2005 Ross Norton Instructors Speakers $100 Workshop-$50 Wood Valley Instructors Speakers $100 Workshop-$50 N. Greenwood Speakers $100 Workshop-$50 Expenses requested were decreased to cover the additional fringe required. Professional services will be provided at no charge from the GAPP abstinence program. Original Budget Calculation =100+50+100+50+100+50 569.311 Professional $0 0% ServicesNVorkshops Original Budget Calculation =0+0 569.320 Accounting and Auditing $0 0% Original Budget Calculation =0+0 569.321 Bank Services $0 0% Original Budget Calculation =0+0 569.330 Court/Legal Services $0 0% Original Budget Calculation =0+0 569.340 Other Contractual $0 0% Services Original Budget Calculation =0+0 569.350 Investigations $0 0% Original Budget Calculation =0+0 569.400 Travel and Per Diem $0 0% Original Budget Calculation =0+0 569.401 Conference $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page :3 Of 8 09/19/051:23:29 PM SectilJn VIII Status: Submitted ., DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASEI ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.402 Transportation 08/07/2003 0 $0 0% Original Budget Calculation =0 569.410 Comm u nications- T eleph $0 0% one Original Budget Calculation =0+0 569.411 Comm u n ications-Long $0 0% Distance Original Budget Calculation =0+0 569.412 Communications-Postag $0 0% e and Shipping Original Budget Calculation =0+0 569.413 Communication-I nternet $0 0% Original Budget Calculation =0+0 569.430 Utility Services $0 0% Original Budget Calculation =0+0 569.431 Water/Sewer/Sanitation $0 0% Original Budget Calculation =0+0 569.440 Rentals & Leases $0 0% (Building & Land) Original Budget Calculation =0+0 569.441 Rentals & Leases - $0 0% Equipment Original Budget Calculation =0+0 569.450 Insurance $0 0% Original Budget Calculation =0+0 569.460 Repair & Maintenance $0 0% Services - Equipment Original Budget Calculation =0+0 Agency: City of Clearwater Page 4 Of 8 Section VIII 09/19/051:23:29 PM Status: Submitted DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASEI ACCOUNT # ACCOUNT NAME INCREASEIDECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.461 Repair & Maintenance $0 0% Services - Property Original Budget Calculation =0+0 569.462 Repair & Maintenance $0 0% Services - Grounds Original Budget Calculation =0+0 569.463 Vehicle Repair and $0 0% Maintenance Services Original Budget Calculation =0+0 569.470 Printing & Binding $0 0% Original Budget Calculation =0+0 569.471 Copying & Binding $0 0% Original Budget Calculation =0+0 569.480 Promotional Activities $0 0% Original Budget Calculation =0+0 569.481 Advertising $0 0% Original Budget Calculation =0+0 569.493 Match $0 0% Original Budget Calculation =0+0 569.494 Administrative Cost $0 0% Original Budget Calculation =0+0 569.495 Residential Per Diem $0 0% Original Budget Calculation =0+0 569.496 Day Program Per Diem $0 0% Original Budget Calculation =0+0 569.497 Day Program Subsidy $0 0% Original Budget Calculation =0+0 Agency: City of Clearwater Page 5 Of 8 Section VIII 09/19/051:23:29 PM Status: Submitted . . ACCOUNT # 569.498 569.510 569.515 569.520 ACCOUNT NAME Day Program Hourly Unit Cost Office Supplies Participant Expenses Operating Supplies Agency: City of Clearwater I L n_________ DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASEIDECREASE OR OTHER EXPLANATION AS NEEDED Original Budget Calculation =0+0 9/7/20059/7/20058/22/20058/5/2004 Norton-Office =$50 Wood Valley-$50 N. Greenwood-$100 Expenses requested were decreased to cover the additional fringe required. Office supplies will be provided from the City's in kind contribution. Original Budget Calculation 50+50+100 9/7/20059/7/20059/712005 Ross Norton Field trips $561 Wood Valley Field trips $561 N. Greenwood Field trips $562 Trips include destinations such as Busch Gardens Hallowscream, Sporting Events, Florida State Fair, Movies, MOSI. Expenses requested were decreased to cover the additional fringe required. Decrease in Participant expenses from last year will be covered by fund raisers. Original Budget Calculation =561+561+562 8/5/2004 8/5/2004 8/5/2004 Ross Norton Video games $300 Art supplies $200 Board Games $50 Decorations $50 Film, Blank CDs $100 Wood Valley Video games $300 Art supplies $200 Board Games $50 Decorations $50 Film, Blank CDs $100 N. Greenwood Video games $300 Art supplies $200 Board Games $50 Decorations $50 Film, Blank CDs $100 Original Budget Calculation =300+200+50+50+100+300+200+50+50+10 0+300+200+50+50+100 Page 6 Of 8 Section VIII LINE ITEM $ AMOUNT $0 $200 $1,684 $2,100 PERCENT INCREASE/ DECREASE 0% 9% -25% 0% 09/19/051 :23:29 PM Status: Submitted '.. DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.521 Food & Nutrition $2,880 0% 8/1/2005 Ross Norton- Snacks $200.00 Meals-$300 Pizza $460 Wood Valley Snacks $200.00 Meals-$300 Pizza $460 N. Greenwood Snacks $200.00 Meals-$300 Pizza $460 Original Budget Calculation =200+300+460+200+300+460+200+300+46 0 569.540 Subscriptions $0 0% 8/16/2004 not used. Original Budget Calculation =0 569.541 Books $0 0% Original Budget Calculation =0+0 569.542 Dues & Memberships $0 0% Original Budget Calculation =0+0 569.543 Educational Materials $0 0% Original Budget Calculation =0+0 569.544 Educational Training $0 0% Original Budget Calculation =0+0 569.590 Depreciation $0 0% Original Budget Calculation =0+0 569.600 Other/Miscellaneous $0 0% Original Budget Calculation =0+0 569.640 Machinery & Equipment $0 0% (Capital Outlay) Original Budget Calculation =0+0 Agency: City of Clearwater Page 7 Of 8 Sectio n VIII 09/19/051:23:29 PM Status: Submitted I I '. ACCOUNT # 569.660 ACCOUNT NAME Books, Publications, and Library Materials (Capital) Agency: City of Clearwater DERIVATION OF FIGURES AND JUSTIFICATION OF INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ AMOUNT $0 Original Budget Calculation =0+0 Page 8 Of 8 Section VIII PERCENT INCREASE/ DECREASE 0% 09/19/05 1 :23:29 PM Status: Submitted .. I. 'It \ Funder Type/Funder Government - Local (City/County) City of Clearwater Grand Total FY 05-06 Totals Total Program Revenue Total Program Budget Difference Total esc Allocation Agency: City of Clearwater FORM 5 Charting the Course for Youth SOURCES OF REVENUE 03-04 04-05 04-05 04-05 05-06 05-06 05-06 Percent Total Budget Amend Total Budget Amend Total Increase/ Decrease $64,999 $66,337 $0 $66,337 $56,573 $0 $56,573 -15% $64,999 $66,337 $0 $66,337 $56,573 $0 $56,573 -15% $64,999 $66,337 $0 $66,337 $56,573 $0 $56,573 -15"10 $165,357 $165,357 $0 $108,784 Page10f1 Section IX 09/19/051:23:29 PM Status: Submitted '" .) . FORM 6 Charting the Course for Youth SOURCES OF REVENUE NARRATIVE FunderTyp~Funder FY 05-06 Total Narrative Government - Local (City/County) City of Clearwater $56,573 The City of Clearwater Parks and Recreation Department provides in kind staff and revenue support for this program. The Department is funded by the general fund which recieves most of its funding from Ad Valorem taxes. Salaries have increased by 4%. Agency: City of Clearwater Page10f1 Section X 09/19/051:23:29 PM Status: Submitted "411 I.,. JJ Agency: City of Clearwater END OF PROGRAM BUDGET FOR Charting the Course for Youth Page10f1 Section XI 09/19/051:23:29 PM .. ,. ... ATTACHMENT 5 JWBREIMBURSEMENT SCHEDULE 05-06 Submission Reimbursement Reimbursement Date Date Schedule 1 09/30/05 10/07/05 2 10/14/05 10/21/05 3 10/28/05 11/04/05 4 11/11/05 11/18/05 5 11/25/05 12/02/05 6 12/09/05 12/16/05 7 12/23/05 12/30/05 8 01/06/06 01/13/06 9 01/20/06 01/27/06 10 02/03/06 02/10/06 11 02/17/06 02/24/06 12 03/03/06 03/10/06 13 03/17/06 03/24/06 14 03/31/06 04/07/06 15 04/14/06 04/21/06 16 04/28/06 05/05/06 17 05/12/06 05/19/06 18 OS/26/06 06/02/06 19 06/09/06 06/16/06 20 06/23/06 06/30/06 21 07/07/06 07/14/06 22 07/21/06 07/28/06 23 08/04/06 08/11/06 24 08/18/06 08/25/06 25 09/01/06 09/08/06 26 09/15/06 09/22/06 Agency: City of Clearwater Page10f1 Section XII 09/19/05 1 :23:29 PM ~"'~ter u~ City Council PR-3 II . t.4 ~<endC!.,,_Cover Memoran.~!:!~~.~_",_=.....<..~._.__.,_,@. Tracking Number: 1,565 Actual Date: 11/03/2005 Subject / Recommendation: Approve First Amendment to the Facility Use Agreement between the City and PACT, Inc., a not-for-profit corporation, to provide for the management and operation of the Clearwater Chorus by the Marcia P. Hoffman Institute for a term expiring in 2031 as in the original agreement, authorize the appropriate officials to execute same and approve the first year funding of $20,000. Summary: The Clearwater Chorus has been a mainstay in the cultural programming of the Clearwater Parks and Recreation Department for over 30 years. The Chorus, which averages 85-105 community singers currently, performs two concerts annually at Ruth Eckerd Hall. It has been a desire by both PACT and the City staff to establish the Clearwater Chorus as the resident adult choir of the Marcia P. Hoffman Institute (MPHI). The recent retirement by longtime Chorus Director Arthur Goetze has led to the development of a proposal by PACT, Inc. and the City for this to become a reality. Under this amendment, MPHI would assume all management and operational duties associated with the program and provide rehearsal space, music storage space, and concert scheduling. The City will provide initial funding to PACT of $20,000 beginning with fiscal year 2005-06, and transfer ownership of the music library to MPHI to support the Clearwater Chorus program. Funds for this proposal will come from current budgeted funds for the Cultural Arts programming budget, The amount of funding for subsequent years will be determined and approved by the City Council in the annual budget. The Chorus will perform a minimum of two concerts annually at Ruth Eckerd Hall and when practical make additional appearances at City functions. The Amendment will be for the term of the Facility Use Agreement, which is in effect until 2031. A copy the First Amendment to the Facility Use Agreement is available in the Official Records and Legislative Services Department for review. Originating: Parks and Recreation Section Consent Agenda Category: Agreements/Contracts - with cost Number of Hard Copies attached: 0 Public Hearing: No Financial Information: Type: Operating Expenditure Bid Required? No ~..~te'. r u~ City Council ~gend~ Cov~!~~emorandum Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $20,000.00 Annual Operating Cost: $20,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $20,000.00 Not to Exceed: $20,000.00 Appropriation Code(s) 010-01852-581000-574-000 Amount $20,000.00 Comments Review Approval Kevin Dunbar Laura Lipowski 10-05-2005 11:25:50 10-28-2005 08:24:58 09-27-2005 14:36:25 10-27-2005 15:33:29 09-30-2005 10:38: 14 10-27-2005 17: 12:43 Cvndie Goudeau Tina Wilson Garrv Brumback Bill Horne RZ' ~ PI<-3 ll.t-i FIRST AMENDMENT TO FACILITY USE AGREEMENT This Amendment is made and entered into this day of 2005 (Effective Date") by and between the CITY OF CLEARWATER, FLORIDA, a munieipal corporation of the State of Florida, hereinafter "City" and PACT, INC., a Florida not-for-profit corporation, hereinafter "PACT" (each individually referred to herein as "Party" or eollectively as the "Parties"). WHEREAS, the Parties entered into that eertain Facility Use Agreement ("Agreement") dated March 7, 2001, and now agree to amend the Agreement as provided for herein; and NOW THEREFORE, the parties agree as follows: 1. Recitals. The recitals set forth above are true and eorreet and are incorporated herein by reference. 2. Section 2 is hereby amended as follows: Use of Facilitv. Subjeet to the other terms and provIsions of this Agreement, PACT agrees to make the Facility available for use under this Agreement by the City of Clearwater for the Cloarv:ater Community Chorus and for Clearwater City Players, or other City funded organizations as designated by the City. Consistent therewith the City shall be provided up to twelve (12) uses per year of Ruth Eekerd Hall for rehearsals and/or performances with no rental fee charged and up to twenty (20) uses per year of Studio One for rehearsals and/or performances with no rental fee charged. PACT shall supply marketing support for City sponsored events at Ruth Eekerd as normally provided to renters of the facility. On an annual basis, the City and PACT will meet to determine reasonable additional opportunities for expanded use which when mutually agreed upon would be offered with no rental fee to the City. Providing sueh facilities to the City shall be subject to scheduling of availability, and out-of-pocket costs or eharges incurred by PACT shall be billed to the City. Clearwater Community Chorus. The parties aqree that as of the Effective Date of this Amendment, PACT shall establish a resident proqram ("Proqram") for the Clearwater Community Chorus ("Chorus") as a part of the Marcia P. Hoffman Performinq Arts Institute (MPHI). ThrouQh the Proqram, MPHI shall provide all administrative and artistic manaqement support and rehearsal space within the Facilitv for the Chorus. PACT hereby aqrees. as it is the intention of the parties to promote the Chorus as a Clearwater community activity. that the ehorus will perform a minimum of two concerts annually at Ruth Eckerd Hall and when practical. make additional appearanees at Citv functions. 3. Seetion 3. Governmental Assistance. is hereby amended by addinq the followinq to the end of that Section: In addition. the City. in eonsideration for PACT's obliaations hereunder, shall provide annual fundina for the Chorus. The initial fundina of $20,000 shall be paid no later than November 14. 2005, and by Mareh 30 of eaeh year thereafter. PACT shall submit to the City a reauest for an annual City subsidy ("Subsidy") with supportina budaetarv information. The Subsidy must be aDProved throuah the City's annual budaet process prior to distribution of reauested funds (or any such amount approved by the City Couneil). on or around October 30 of that year. The above process for reauest of fundina shall eontinue until sueh time as this Aareement is terminated or the Proaram/Clearwater Chorus support by PACT is terminated. If the City ehooses not to fund Clearwater Chorus as a part of the Proaram. PACT retains the riaht to alter. chanae or eliminate the Proaram. Further. if PACT chooses to chanae. modify or terminate the Chorus the City may terminate or reduce fundina for the Proaram to the extent it deems, in its sole diseretion. the Proaram to have been impacted or diminished. In addition, PACT shall reimburse to the City any pro-rated portion of the Subsidy for any year in whieh the Chorus is terminated. The City shall also provide to PACT the Chorus' eurrent sheet musie librarv. whieh shall become property of PACT. However, if this Aareement is terminated, PACT shall take all necessary steps and execute all necessary documents to transfer ownership of the Iibrarv baek to the City. The City makes no warranties or representations as to copyriahts. licenses or any other riahts related to the use of the music librarv. 4. All other terms and conditions of the agreement and amendments shall remain in full force and effeet. IN WITNESS WHEREOF, the parties have exeeuted this Agreement the day and year first above written. COUNTERSIGNED: CITY OF CLEARWATER By: By: Frank V. Hibbard Mayor William B. Horne, II City Manager APPROVED AS TO FORM: ATTEST: By: By: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk ATTEST: PACT, INC. By: By: Name: Name: Title: City Council Ag.~ndaCover M~I!'C?'~m~1!,~tu mm., V\)-\ I J.5 Tracking Number: 1,675 Actual Date: 11/03/2005 Subject / Recommendation: Re-appoint William Schwob to the Board of Trustees, Clearwater Police Supplementary Pension Fund, for a two year term expiring on November 1, 2007. Summary: 1. In keeping with the provisions of Florida Statute 185.05, which states in part..."the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality..." 2. On October 16, 2003, William Schwob (2574 Sweetgum Way West, Clearwater) was appointed by the City Commission to serve on the Board of Trustees of the Police Supplementary Pension for a period of two years (Nov. 1, 2003 to Nov. 1, 2005). 3. The Board of Trustees of the Clearwater Police Supplementary Pension Fund recommends that William Schwob be re-appointed to serve a two (2) year term as trustee (term will expire on Nov. 1, 2007). Mr. Schwob has stated that he will accept re-appointment. Originating: Police Section Consent Agenda Category: Other Number of Hard Copies attached: None Public Hearing: No Financial Information: Type: Other Bid Required? No Bid Exceptions: Impractical to Bid In Current Year Budget? No Budget Adjustment: No Current Year Cost: $0.00 ~.~ u~ City Council _~~~~!!. cOv!t~,~emoral!d'!!~~.~,..._'._m"",~.' Annual Operating Cost: $0.00 Total Cost: $0.00 Review Approval Cvndie Goudeau Garrv Brumback Bill Horne 10-20-2005 11:35:45 10-18-2005 15:27:04 10-19-2005 11 :25:56 ~~ u~ City Council ~gendCl. Cover Memorandu_1!l- PD-2 (I ~b Tracking Number: 1,719 Actual Date: 11/03/2005 Subject / Recommendation: Approve a Non-Dwelling Lease Agreement with Court Development Associates LLC by JSA Associates LP its Managing Member by DiCicco Partners LLC its General Partner" hereinafter known as Lessor, for the building located at 651 Court Street for the period November 4 through December 23, 2005 and authorize the appropriate officials to execute same. Summary: 1. During the holiday season, the Clearwater Police Department assists less fortunate families with food items and gifts for children through the annual Officer Friendly Christmas Cheer Program. This operation includes the collection of numerous donations from City of Clearwater employees, citizens and business owners. In order to organize and prepare the donations for distribution, a large work area is necessary. 2. Toward this end, the lessor has agreed to lease the building located at 651 Court Street, Clearwater, for the period November 4 through December 23, 2005, for the sum of zero dollars. Lessor will not collect a security deposit. Lessee shall reimburse lessor for utility costs during the lease period. 3. A copy of the Non-Dwelling Lease Agreement is available in Official Records and Legislative Services for review. Originating: Police Section Consent Agenda Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Approval Sid Klein 10-25-2005 14:34:38 Cvndie Goudeau 10-28-2005 08:23:28 Sid Klein 10-26-2005 16: 13:38 Garrv Brumback 10-27-2005 15:37: 17 Rob Surette 10-26-2005 16:59:58 Bill Horne 10-27-2005 17:27:02 K~', p))-a 11,6 Building 651 Court St. NON-DWELLING LEASE AGREEMENT This lease is between Court Development Associates LLC by JSA Associates LP its Managing Member by DiCicco Partners LLC its General Partner, as "Lessor," and the City of Clearwater as "Lessee." WITNESSETH WHEREAS, Lessor has agreed to lease one (I) building for operational purposes necessary to present the Clearwater Police Department Officer Friendly Christmas Cheer Program: NOW THEREFORE, in consideration of the foregoing stated promises and conditions, the parties agree to the following: 1. PREMISES Lessor does hereby lease to Lessee certain premises designated as 651 Court St., Clearwater, Florida 33756. 2. USE It is understood and agreed between the parties hereto and Lessee covenants that the leased premises during continuance of this Lease shall be used only for the proper administration and operation of providing services to the residents of Pin ell as County, Florida, and for no other purpose or purposes, without the written consent of the lessor, which may be granted or withheld in Lessor's sole discretion. Specifically, the Lessee's intended use of this unit is for: Clearwater Police activities as they relate to the Officer Friendlv Christmas Cheer Program. 3. TERM Except as otherwise expressly stated in this Lease, the term of this Lease shall begin on November 4, 2005 and end on December 23,2005, 4. SECURITY DEPOSIT Lessor will not be collecting a security deposit. Lessee understands that if there are damages beyond normal wear and tear, lessee is liable for payment of same in full, including labor and materials required to bring unit back to move in condition. 5. RENT Lessee covenants that it will pay to Lessor for the use of this property the sum of zero dollars. 6. LESSEE PAYMENT OF CERTAIN UTILITY COSTS Lessee shall reimburse Lessor for water, sewer, electric and gas utility expenses, In no event shall Lessor be liable for the quality, quantity, failure or interruption of such service to the leased premises. 7. INTERIOR ALTERATIONS It is agreed that Lessee shall not make any structural alterations or permanent improvements to the premises without the prior written consent of Lessor. It is specifically understood and agreed that Lessor has no obligation and has made no promises to alter, remodel, or improve the unit except as specifically I herein set forth. Lessee shall, upon the termination of the lease term, surrender the leased premises to Lessor in the same condition as when received, ordinary wear and tear excluded. 8. MAINTENANCE AND REPAIRS By entry thereunder, Lessee accepts the leased premises as being in good sanitary, orderly condition and repair. Lessor agrees to maintain the building in a safe and usable condition. Lessor shall have the right to maintain and operate all said areas and to monitor same. Should said rental unit be damaged through Lessee's abuse, Lessee shall reimburse the Lessor for the actual cost of such repair including labor and materials. 9. ASSIGNMENT AND SUBLETIING Lessee may not assign or sublet this Lease in whole or in part, without prior written consent ofthe Lessor. This unit is leased exclusively to Lessee. 10. INDEMNIFICATION OF LESSOR Lessee agrees to indemnify, save, and hold the Lessor harmless from any and all claims, suits, judgments, and liability for death, personal injury, bodily injury, or property damage arising out of Lessee's use of the premises by Lessee, its employees, contractors, subcontractors, business invitees, or assigns, including legal fees, court costs, or other legal expenses, provided however, that the Lessee shall not be legally liable for any negligence of the Lessor, its employees, servants, contractors, subcontractors, assigns or the negligence of any other party, and provided further, that the liability of the Lessee shall not, in any event, exceed the statutory limits set forth in Section 768.28, Florida Statutes. 11. INSURANCE Lessee is a self-insured Florida Municipal Corporation. Lessee will self insure its personal property stored in the leased premises as well as self-insure, with excess insurance coverage as deemed appropriate by Lessee, any third party liability of Lessee arising out of this lease. 12. ENTRY BY LESSOR Lessor shall at any and all reasonable time have the right to enter leased premises to inspect the same without notice. 13. MAILING ADDRESS OF LESSEE All notices for Lessee shall be forwarded to the following address unless Lessor is otherwise notified: Sgt. Sean Allaster Clearwater Police Department - Special Operations Section, Phone # 562-4146 645 Pierce Street Clearwater, FL 33756 2 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease effective as of the dates ftrst above written, each representing to the other that they have full authority to execute the same in the capacity indicated. Signed this day of 2005. Countersigned: CITY OF CLEARWATER, FLORIDA, LESSEE By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk LESSOR: By: Witness Samuel E. DiCicco, Manager for Court Development Associates LLC by JSA Associates LP its Managing Member by DiCicco Partners LLC its General Partner 3 ~~ u~ City Council ~genda Cov~rJ!l~!!!~!.!!!<dum,,,,,,._~._ ~-~ tl~l Tracking Number: 1,665 Actual Date: 11/03/2005 Subject / Recommendation: Accept a Drainage & Utility Easement containing 2065.67 square feet, more or less, over and across a portion of Lot 1, Block A, BAYSIDE SUB NO.5 conveyed by Dalton Clearwater, LLC in consideration of receipt of $1.00 and the benefits to be derived therefrom. . Summary: On March 15, 2005 Dalton Clearwater, LLC ("Grantor") granted the City a 5-foot Drainage and Utility Easement along the westerly boundary of Lot 1, Block A, BAYSIDE SUB NO.5 to facilitate City installation of an additional 24-inch outfall pipe to carry stormwater runoff from South Gulfview Boulevard into Clearwater Harbor just east of Hamden Drive. In consideration of the easement grant, the City agreed to permit stormwater runoff from the Grantor's new Harborview Grande condominium development to be carried through the new pipe along with the street drainage. The new outfall pipe was not installed prior to a portion of the Harborview Grande pool being constructed over the easement premises conveyed in March as recorded in O. R. Book 14368, Pages 1013-1015, Pinellas County public records. Grantor is conveying the subject easement to permit alternate routing of the outfall pipe across the Harborview Grande site. The pipe has now been installed therein. Following acceptance and recording of the alternate easement the Grantor has requested that the City vacate the portion of the 5-foot easement granted in March that lies northerly of the subject easement. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No Financial Information: Review Approval Michael Quillen 10-11-2005 08:41:16 Garrv Brumback 10-18-2005 15:39: 12 Laura LiDowski 10-14-2005 09:06:51 ~~ u~ City Council A~l'!da CC!v~r Memora,!!~t':!.~."..~'_"m Bill Horne 10-19-2005 11 :29:47 Cyndie Goudeau 10-20-2005 11: 36: 33 ~~ u~"__ City Council Ag,!!nda ,~over ,!lemorandum [~G\ -~ 11.5 Tracking Number: 1,629 Actual Date: 11/03/2005 Subject / Recommendation: Approve a work order to McKim & Creed, P.A., in the amount of $347,435 for professional engineering services related to the Water Treatment Plants 1 and 3 Wellfield Expansion Project (04-0049-UT), and that the appropriate officials be authorized to execute same. Summary: The City of Clearwater has recently completed a Water Supply System Master Plan that includes the development of expanded local water production. The City intends to construct four new wells in the Water Treatment Plant (WTP) No.3 area, and five new wells in the WTP No.1 area. Each well is targeted to produce approximately 0.25 million gallons per day (mgd). The additional water production will require the modification of the City's existing Water Use Permit (WUP) issued by the Southwest Florida Water Management District (SWFWMD). Should expanded capacity not be permitted, new wells will provide the City redundancy and rotational capacity for its groundwater supply. This Work Order will include the initial efforts associated with the Water Use Permit data collection, ground water modeling, permit application and response to requests from SWFWMD for additional information. The Work Order will include design efforts related to the development of nine new wells, construction monitoring, testing and analysis of well construction. Design of the well pumps, all related mechanical, electrical, communications controls and the expanded raw water piping to interconnect the new wells to the respective Water Treatment Plants is not included. It is anticipated that this work will be authorized separately and funded from the subsequent fiscal year budget. McKim & Creed is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. A copy of the work order is available for review in the Official Records and Legislative Services office. Resolution 04-36 was passed on December 16, 2004, establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2006 revenue bonds as a funding source were included in the project list associated with Resolution 04-36. Sufficient budget for interim financing or fu nding with 2006 Water and Sewer Revenue bond proceeds when issued is available in project, 0378-96763, Wellfield Expansion, in the amount of $167,280.00 and project, 0378-96764, RO Plant Expansion, in the amount of $180,155.00 Originating: Engineering Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No ~~ftftater u~ ~w City Council ~genda_ Cover Memorandu~.""~,~__".,,,,_ Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $347,435.00 0378-96763-561300-533-000 Amount $180,155.00 $167,280,00 Comments see summary section Appropriation Code(s) 0378-96764- 561300-533-000 see summary section Review Approval Glen Bahnick Garry Brumback 09-27-2005 16:25:26 10-11-2005 10:22:25 10-19-2005 11 :26:38 10-11-2005 08:39:55 10-25-2005 10:07:24 10-11-2005 08:46: 18 10-18-2005 15:28:26 Brvan Ruff Bill Horne Michael Ouillen Cvndie Goudeau Tina Wilson Location Map PRINCE PHILF ST BENTLEY ST ~ w ~ tit 5 Proposed Well Sites N rwater w4t. s City of Clearwater Public Works Administration I Engineering Water Treatment Plant #1 5 Proposed Well Sites Drawn By: S.K. Reviewed By: R.F. Scale: N. T.S. Grid # N/A S-T-R N/A Date: 09/27/05 Location Map tit 4 Proposed Well Sites IL o ~ o~ rwater N w.. s City of Clearwater Public Works Administration / Engineering Water Treatment Plant #3 4 Proposed Well Sites Drawn By: S.K. Reviewed By: R.F. Scale: N. T.S. Grid # N/A S - T - R N/A Date: 09/27/05 ~~ u~ ~=nda ~~!~r Memorar:-.dl!!!'_=".,., City Council U\~dJ 11~~ Tracking Number: 1,708 Actual Date: 11/03/2005 Subject / Recommendation: Authorize an additional amount up to $50,000 for the services of bond counsel Bryant, Miller & Olive in the consolidated case of THE CITY OF CLEARWATER, a Municipal corporation of the State of Florida, vs.THE STATE OF FLORIDA, and the Taxpayers, Property Owners, and Citizens of the City of Clearwater, including non-residents owning Property or subjectto taxation therein, ANNE GARRIS ANDSUZANNE BOSCHEN AND BEACHWALKRESORT, L.L.c. ANOCRYSTAL BEACH CAPITAL, L.L.C. for a total of $95,000.00. Defendants. Summary: On April 20, 2005, the City was served with a lawsuit for declaratory judgment and injunctive relief specifically enjoining the City from undertaking the acts called for by the Development Agreement between the City and Beachwalk Resort, which was filed by Anne Garris and Suzanne Boschen. On April 21, 2005, the City Council approved a contract with Bryant, Miller & Olive to act as the City's bond counsel, including bond validations. On June 24, 2005, the City filed a complaint for Bond validation. On August 3, 2005, the two above cases were consolidated. Because of the consolidation, separate fees above and beyond normal costs of a bond validation have been and will continue to be incurred for outside counsel. This consolidated case is currently scheduled for trial in November. The City Attorney's Office has paid approximately $38,000.00 to date and an additional amount of up to $50,000 is anticipated to bring this case through trial. The funding of $50,000 will come out of the City Attorney's professional services budget. Originatino: City Attorney Section Consent Agenda Category: Agreements/Contracts - with cost Public Hearing: No Financial Information: Type: Operating Expenditure Bid Required? No ~.~ u.~ City Council ~~I:'I~da cO~.~I!'~,r~ndum _.~_"~..._,, Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adjustment: No Current Year Cost: $50,000.00 For Fiscal Year: 10/01/2005 to 09/30/2006 Total Cost: $95,000.00 Not to Exceed: $50,000.00 Appropriation Code(s) Amount 0010096005301000514000000 $50,000.00 Comments Review Approval Pam Akin 10-18-2005 16:32: 13 Tina Wilson 10-19-2005 07:27:37 Cvndie Goudeau 10-19-2005 09:45:06 I I \\0\0 1~.- ....4tRt.:Mer u~ City Council _,~ ,~Bend,!~LfC?ve r M emo,!:~,!:!~,!:!,!!!",~~,_,~~,,,,=~, Tracking Number: 1,633 Actual Date: 11/03/2005 Subject / Recommendation: Approve the purchase from Florida Department of Transportation for 5,485 square feet of real property upon which is constructed the City of Clearwater's main radio tower for $32,910; Award a contract to MIA-COM Private Radio Systems, Inc. of Lynchburg, VA for the upgrade of the Clearwater Radio System to simulcast at a total cost of $729,348; authorize the use of $300,000 in unexpended user equipment credits provided by MIA-COM from the initial maintenance agreement; authorize the payment of the balance of $462,258 from Fleet unrestricted retained earnings, and that the appropriate officials be authorized to execute same. Summary: Clearwater entered into a 20-year maintenance agreement with MIA-COM in July 2002. The agreement included an upgrade of the infrastructure of our radio system. In lieu of the regular upgrade, MIA-COM has offered Clearwater the opportunity to upgrade to simulcast and greatly improve our communications capability as part of the infrastructure replacement at a significantly reduced cost. This will be accomplished by integrating simulcast equipment as part of the upgrade. The need for simulcast has been made much greater by the continued construction of many tall reinforced concrete buildings that block radio signals. Simulcast integrates both towers and allows the tower with the strongest signal to transmit to the radio being targeted. The initial agreement allowed us $1,600,000 in user equipment credits. To date we have used $1,281,319, leaving a balance of $318,681. MIA-COM is allowing Clearwater to use $300,000 of the $318,681 in user equipment credits to offset part of the conversion costs for simulcast. The use of these credits leaves a balance of $462,258, which we wish to fund on a one-time basis from Fleet retained earnings. Simulcast will greatly improve transmission and reception throughout the entire Clearwater area. It will benefit all elements, but will be particularly beneficial for our public safety (Police) units. Conversion to simulcast: Upgrades current tower sites (Missouri Avenue and McMullen Booth/SR 580) to full transmit and received locations. Eliminates two relay sites currently located on Pinellas County Towers at Tarpon Springs and Toy Town (St. Petersburg). Eliminates current skip zones where communication is weak or impeded. Enables the conversion to be done within the current maintenance agreement with no increase in the annual charge by eliminating the relay sites. A first quarter budget amendment will be submitted to establish a CIP and fund the balance of $462,258 from Fleet unrestricted retained earnings. Originating: Solid WastelGeneral Services Section Consent Agenda .~~ u~ Aaenda Cover Memorandum ._.~_~_=~ _'~~""~"""""""""""'"'_ _w<<"',.....".,...,.,."..,.......==__".....'.'=_K&~.."m.'..;.'''...,...<<........,;.,.....,.......''..''''....._.....m. City Council Category: Agreements/Contracts - with cost Number of Hard Copies attached: none Public Hearinq: No Financial Information: ~ Capital Expenditure Bid Required? No Bid Exceptions: Sole Source In Current Year Budget? Yes Budget Adjustment: Yes Budget Adjustment Comments: A first quarter budget amendment will submitted to establish a CIP and fund the balance of $462,258 from Fleet unrestricted retained earnings Current Year Cost: $462,258.00 Annual Operating Cost: $0.00 Total Cost: $462,258.00 Appropriation Code(s) 315-94232-56400-519-000-0 Amount Comments $462,258.00 Review Approval Rick Carnlev 10-07-2005 07:59:42 Laura Lioowski 10-28-2005 11 :08: 13 Bill Horne 11-01-2005 16:53:20 Bob Brumback 10-07-2005 09:32: 17 Cvndie Goudeau 11-02-2005 13:23:07 City Council Agenda .f~ver M~,!!!~X~~w~ um,w", ~""""8fet. r u~ Tina Wilson 10-07-2005 10:22:01 Rod Irwin 10-28-2005 15:30:39 Reo. \ i" \C) First Amendment to Service and Access Agreement Between MIA-COM Private Radio Systems, Inc and City of Clearwater, Florida Dated 1st of July 2002 1 This Amendment to that certain Service and Access Agreement dated July 1, 2002, ("Agreement") by and between the City of Clearwater ("City") and MIA-COM, Inc., ("MIA Com") (individually referred to herein as "Party" or collectively as the "Parties") is hereby made and entered into this _ day of November, 2005, ("Effective Date"). WITNESSETH WHEREAS, the Parties entered into the Agreement for the installation of a Communications System ("System") and the related service thereto; and WHEREAS, the Parties now wish to upgrade the System to a two-site, eleven channel simulcast configuration in accordance with MIA Com's proposals dated March 2003 System Reconfiguration ("Simulcast Upgrade" or "Simulcast Configuration") and March 2005 System Reconfiguration, Revised Pricing and Statement of Work ("Proposals") (attached hereto and incorporated herein as Exhibit "A"). NOW THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth and intending to be legally bound, the Parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated in and form a part of this Agreement. 2. Section 3.7. In accordance with Section 3.7 of the Service and Access Agreement, the City's System shall be enhanced as provided for herein in exchange for MIA Com's right to the sole marketing and non-exclusive use of the City's two towers. In addition, as required by Section 3.7, the payments pertaining to the existing lease for the subject property have hereby been terminated of even date herewith. 3. Section 7.1 This Amendment shall not cause an increase in Quarterly Service and Access Payments from the amount provided for in Section 7.1 of the Agreement (fifty-thousand dollars ($50,000), adjusted annually). 4. Section 7.2 As referenced in Section 7.2, in accordance with Schedule E, User Gear Transfer, the equipment as specified therein (Mobiles, Portables and Control Stations) is valued at $600,000.00. The City has been issued $300,000.00 of said equipment, leaving an equipment credit of $300,000.00. The Parties are in agreement that the balance of $300,000.00 will be applied and credited towards the purchase of the Simulcast Upgrade. MIA Com shall transfer ownership of the Simulcast Upgrade equipment and User Gear as provided for in Section 7.2. 2 5. Section 9.2 Should the Agreement be terminated in accordance with Section 9.2, and the City is required to extend services to Third Party Tower Tenants, the City shall receive all revenues resulting from such service. 6. Section 11.1 Software Licenses as provided for under Section 11.1 shall be upgraded to include any and all Software Licenses necessary for the upgrade to the Simulcast Configuration. All other terms of the Section shall remain in full force and effect. 7. Simulcast Upe:rade EQuipment and Pricine:. Pricing for equipment required for the Simulcast Upgrade shall be as listed below. Control Point Equipment, including 12kV A Toshiba UPS $159,100 Voting Equipment $ 51,504 $133,968 Transmit site Equipment - Missouri Ave. site 11 Channel site including antenna systems Transmit site Equipment - Countryside site 11 Channel site including antenna systems $145,433 Installation including moving existing equipment and connections to existing microwave system, Engineering, Project Management, Site Management and system Testing $211,788 Centralized Telephone Interconnect (CTI) 4 Channels CT!, including installation $ 27,555 Total $729,348 8. Payment Schedule for Simulcast Uoe:rade. Payment for the Simulcast Upgrade Equipment (above) shall be as follows. The $300,000 User Gear Credit received by the City in exchange for the Marketing Rights as described herein, shall be applied at the Effective Date of the Amendment. Of the $429,348 balance, $214,674 shall be due upon delivery of the equipment to the City, with the remaining $214,674 due upon completion of the installation of the Simulcast Upgrade. 9. All other terms and conditions of the Agreement shall remain in full force and effect. 3 --' IN WITNESS WHEREOF, the Parties have executed and acknowledged this First Amendment to the Service and Access Agreement, the day and year first above written. ATTEST: MIA COM PRIVATE RADIO SYSTEMS, INC. 1 ~ ff'L By: f; {';U1- yf~ Name: [l. C-J "- r l/.Yii ^., i Title: Pr (~j e.cJ- JV\ A "q c. e (" did. ~.1t By: . Name: William .Qey Title: Director of State of Florida Operations COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA By: Name: William B. Home II Title: City Manager By: Name: Frank V. Hibbard Title: Mayor APPROVED AS TO FORM: ATTEST: By: Name: Cynthia E. Goudeau Title: City Clerk By: Name: Laura Lipowski Title: Assistant City Attorney 4 PcIl"'oVl. l . L l' LUU~ J. uorwr Fax Transmittal Memo 7672 'fC 1../11);(14 J..1j10t.J5~/-~- ComDloy . Ory &r C,/..&~/'lt.J,e; TEIt, location . IIU.UDO'l r.l/ :;'/'i":::;:.:;".@ NOofP.ses] . ',i~bb.:~;~;?~""..' Flllll1 /5/LLsC/JTr .~ompany f'b6'r -location ,jjeQl~ Fax" (7;. 7))( 2 - L/t2 f Comments ~~#(7Z7) {t 2~l(()1!J .F'X#(e'4(1~.-6 $ r~,,'.~:tiiJ9.7j:'id7,:' 'Original 0 0 0 ..OI_lien: '. ~~ _Ii . ....~B.lcf.~,... ' rifE I)EED ;qAJ/J )..Xt:-AL. j:'~Je. rift.. ~E(Ctl""(. . /I rrp.(I-'€ /) /lIlf /JfLL This insttumePt prepared by, ~a Department ofT . 11201 North ~ Drive Tampa, Florida 33612-6456 Parcel No.: ItemlSegmeotNo.: Managing District: County: 271 (part) 2581191 Seven PineDas QDITa.ABf DEED Mioenl Rights Reserved TInS lNDENTIJRE. Made this day of . 2005, by and between the STATE OF fLORIDAby emtthrough the STATE OFFLORJDADEPARTMENT OFTRANSPOIlTATION,PartyoftbcFll'StPart, whose address is 11201 NorthMalcoImMcKiDley Drive, Tampa, Florida 33612-645610 the CityofCle8rwater, Party of the Second Pan. whose address is 112 South Osceola Street, Clearwater, FL 33756. WlTNESSETII WHEREAS, said land hereinafter described was beretofure acquired for state highway purposes; and WBERE;AS, said land is no longer required for sud1 purposes, aud the Party of the FIrSt Part, by action oCtile 'District Secretary, District Seven FIorida)Jepartmeot ofTrallsportati011 011 . 200!, pursuant to the provisions ofScctioD. 337.25 FJorida StatuteS, bas agreed to quitclaim. the land. hereinafter described to the Party of~ Second Part. NOW THEREFORE. nns lNDENnJRE WITNESSETH: That the PItty of the Fust Part for au.d in consideration of the 811II1 of$I.00 and otbsrwluable coosiderations. receipt and SldBci.enoy being hereby acknowledged. does hereby remise. release and quitc1ahn u.ntothePartyoftbe Second Part, and assigns. forever, all their rights, title and interest in aD that certain land rituate in pincIJas CoUnty, Florida. v.iz: (See Exhibit IAN' attad1ed hereto and made a part hereof) TO HA VB AND TO HOLD, the said premises and the appurteoances thereof'untothe Party of the Second Part. RESERVING UNTO THE PARTY OF THE FIRST PART and its SUcalSsors, title in and to, an the phosphate, minerals and metals that are or may be in, OD, or under the said land and title in an the petroleum that is or may be in, on, or under said land with the privitege to mine and develop the same on altland, wherein the Party of the FlI'St Part holda the requisite interest. . ~-----rt!CI1'V D (icr If '''/lor , .." ...J G81'V ATTaRHlY vel.il, iUUO J:U~f'M I'iO,Ub~4 1'. UJ , - -~.,---_.- ~ '.~ Parcel No.: Item/Segment No.: Managing District: County; 271 (part) 2581191 Seven Pinellas IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed in the name of the State of Florida Department of Transportation by its District Secretary, District Seven and its seal to be hereunto atfuted, attested by its Executive Secretary. on the date first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Executive Secretmy By: Donald J. Skelton, P .E. District Seven Secretary ATTEST: Print Name: ~~~ WITNESS: Print Name: (Affix Department Seal) \ STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by Donald 1. Skelton, P.E.~ District Secretary for District Seven, who is personally known to me. Print Name: (Affix Notary Seal) Notary Public in and for the County and State last aforesaid. My Commission Expires: VGl.LI. LUUO J.U:H'M I~O.UOtl4 1'. j/J ~s -2-5-8-I191 StA1~ ROAD 595-A PINELLAS COUNTY DESCRIPTION PART OF EXISTING PARCEL 271 SECTION 15570-2603 .. :.) t . ~ Part of Parcel 271, rlorida. Department of Transportation Project _ Section 15570-2603, as per deed recorded in Official Record Book 3817, Page 754 of the Public Records of Pinellas County, Florida, lyin9 in the Northwest 1/4 of the Southeast 1/4. of Section. '22, Township 29 South, Range 15 East,' Pinellas County, Florida: described as follows: Commence at the Northwest Corner of the Southeast 1/4 of Section 22, TownShip 29 South, Range 15 East, Pinellas County, Florida; thence along the east ~ west centerline of said Section 22, S 89011'22" E, 165.00 feet to the Northwest Corner of Parcel 271 , Florida Department of Transportation .Section 15570-2603, per deed recorded in Official Record Book 3877, Page 754 of the Puhlic Records of Pinellas ...-_~C'.Ef.l:~XL E:'1.o~!da.1_._~he~~_~9..n..1:.!~t:l~.... a:l:.~l?.9_._ ~~id_.,~..e~j:__~__~~~t......C:~11t.':~};:1~.m~.,.._ .,_. S 89011'22" E, 662.13 feet; thence S l3642'32" W, 21.56 feet; thence S 75016106" W, 19.36 feet; thence N 88045'23" W, 290.83 feet; thence S 88030' 22"W, 140.04 feet; thence N 85056' 15" W, 25 .16 feet; thence 'N 77059'3'0" W, 2'8.40 feet; thence N 79011'59" W, '42.71 feet; thence S 80.036' 00" W, 51.18' feet. to a non-tangent' curve; thence 135.26 feet along the arc of said curv-e concave to the east, hav-ing a radius of 85.98 feet, a central angle of 90007' 52" . and subtended by a chord bearing 5 6049'18" W, 121.74 feet; thence S 45003'00" E, 139.28 feet; to the POINT OF BEGINNING; thence N 33016'09" E, 49.98 feet; thence S 41014'36" 'E, 65.17 feet: thence S 39050'07" W, 88.62 feet; thenoe N 50048'08." W, 52.95 feet; thence N 33016'0'9" E, 49.98 :feet to' the POINT OF BEGINNING.. 'Containing 5485 square feet, more or less. -... , . -A,t:ol:>"'~ v .. J .......c::;:"'!.(......,(='-...." , ,- t5/~...(os ~ un.iI. tUU:) i;,ltlt'M NO,U/J~ 1'. L Parcel No.: 271 (part) Item/Segment No.: 2581191 Managing District: Seven MonMCATION OF LEASE AGREEMENT TIIAT CERTAIN LEASE AGREEMENT DATED JANUARY 19, 1976, between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, LESSO~ hereinafter called the "DEPARTMENT, whose address is 11201 North McKinley Drive, Tampa, Florida 33612-6456 to CITY OF CLEARWATER, 112S. Osceola Avenue, Clearwater, Florida 33756, LESSEE, hereinafter called 1he "CITY" is this day modified. TIlE ORIGINAL LEASE IS PRIMARY AND REMAINS IN FULL FORCE AND EFFECT. A copy of the Original Lease is attached with its original Attaclunent, JIW'ked Exhibit A, and Lease Modfficat;on with Exhibit 1, and is made a part of the this Modification of Lease Agreement, for reference. TIlE PARTIES AGREE AS FOLLOWS: The land area is modified and is legally described in Exhibit .'D", attached hereto. (See Exhibit "B" attached hereto and made a part hereof) All the provisions of the Original Lease and Lease Modification dated January 19, 1976, apply and. are not affected by this Modification except as specifically stated herein. VGI.lI, lUUIl I;J:lt'M 11 U ' U f .l:l r.,) Item/Segment No.: 2581191 Managing District: Seven IN WITNESS WHEREOF, the State of Florida Department of Transportation has Gaused these presents to be signed in the name of the State of Florida Department of Transportation by its District Secretary, District Seven and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Executive Secretary By: Donald K. Skelton, P.E. Diwict Seven Secret8ly ATTEST: Print Name: WITNESS: Print Name: (Affix Department Seal) STATE OF FLOlUDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005. by Donald K. Skelto~ P.E., District Secretary for District Seven, who is personally known to me, Print Name: Notary Public in .and for the County and State last aforesaid. (Affix Notary Seal) My Commission Expires: ~c J'v\~ U.{)3-0S- ~~ 1\0\0 SIMULCAST October 18, 2005 A complete upgrade of system was part of the 2002 maintenance agreement with M/A- COM. MIA-Com offered us an upgrade to simulcast as part of the maintenance agreement equipment replacement. By doing the simulcast upgrade as part of the maintenance agreement equipment replacement we get a $2 million upgrade for $429,348. The simulcast conversion not only gives us new and more reliable infrastructure equipment, it also provides a series of redundancies that gives improved reliability in normal use and in a natural disaster. . Both towers have voters and can operate all channels. . Each tower has the capability to operate separately on half the channels. . Both towers transmit together and provide better coverage around and among tall reinforced concrete buildings. . Portable radios will get better coverage inside buildings with both towers working together. . Overall area coverage will be significantly improved. The purchase of the 5,485 sq.ft. of real property upon which is constructed Clearwater's main radio tower for $32,910 is of particular benefit. The city stands to gain $300,000 in user equipment credits that will be applied to the simulcast conversion lowering the conversion cost from it's original cost to the quoted amount of $429,348. The total expenditure from Fleet Unrestricted Retained Earnings, including the land purchase, would be $462,258. The city owning the tower permits us to lease space on the tower and return the revenue to defray some of the radio system operating costs. The land purchase should pay for itself in a very short time. Agenda Item 1633 - Tower property purchase and Simulcast upgrade to radio system. Approve the purchase from Florida Department of Transportation for 5,485 square feet of real property upon which is constructed the City of Clearwater's main radio tower for $32,910; Award a contract to MIA-COM Private Radio Systems, Inc. of Lynchburg, VA for the upgrade of the Clearwater Radio System to simulcast at a total cost of $729,348; authorize the use of $300;000 in unexpended user equipment credits provided by M/A- COM from the initial maintenance agreement; authorize the payment of the balance of $462,258 from Fleet umestricted retained earnings, and that the appropriate officials be authorized to execute same. Clearwater entered into a 20-year maintenance agreement with MIA-COM in July 2002. The agreement included an upgrade of the infrastructure of our radio system. In lieu of the regular upgrade, MIA-COM has offered Clearwater the opportunity to upgrade to simulcast and greatly improve our communications capability as part of the infrastructure replacement at a significantly reduced cost. This will be accomplished by integrating simulcast equipment as part of the upgrade. The need for simulcast has been made much greater by the continued construction of many tall reinforced concrete buildings that block radio signals. Simulcast integrates both towers and allows the tower with the strongest signal to transmit to the radio being targeted. The initial agreement allowed us $1,600,000 in user equipment credits. To date we have used $1,281,319, leaving a balance of$318,681. MIA-COM is allowing Clearwater to use $300,000 of the $318,681 in user equipment credits to offset part ofthe conversion costs for simulcast. The use of these credits leaves a balance of$462,258, which we wish to fund on a one-time basis from Fleet retained earnings. Simulcast will greatly improve transmission and reception throughout the entire Clearwater area. It will benefit all elements, but will be particularly beneficial for our public safety (Police) units. Conversion to simulcast: Upgrades current tower sites (Missouri Avenue and McMullen Booth/SR 580) to full transmit and received locations. Eliminates two relay sites currently located on Pinellas County Towers at Tarpon Springs and Toy Town (St. Petersburg). Eliminates current skip zones where communication is weak or impeded. Enables the conversion to be done within the current maintenance agreement with no increase in the annual charge by eliminating the relay sites. A first quarter budget amendment will be submitted to establish a CIP and fund the balance of $462,258 from Fleet umestricted retained earnings. .~~ u~ 'PU(2.- \ ~ ~ Purchasing Memorandum City Corrunission 11/03/2005 Agenda Number: 4036 1l./l-ll.Id 1 Agenda Item No: 11.1 Purchase Type: Quantity: Requesting Dept: Solid Waste/General Services Using Dept: Solid Waste/General Services Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 360,000.00 2.564 (l)(d) - City of Tampa Bid 41005120 Fleet Products Inc., Tampa, Florida Fleet Products Inc. - Replacement vehicle parts during the period November 4,2005 through August II, 2007, at a cost not to exceed $360,000. Piggyback City of Tampa Bid 410051205. (Bid valid through August 11,2007) Parts are utilized in the repair of all Fleet maintained vehicles. Shopping occurs at the time of each purchase with award to the lowest, most responsive supplier, Appropriation Code(s): 0566-06611-550600-519-000 Comments: None 2 Agenda Item No: 11.2 Type: Purchase Quantity: 6 Requesting Dept: Solid Waste/General Services Using Dept: Solid Waste/General Services Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 124,199.00 2.564 (1)( d) - Fla Sheriffs' Assn Contrac Alan Jay Auto Network, Sebring Florida Alan Jay Chevrolet Oldsmobile - 6 each Toyota Prius sedans at a cost of$124,199. Piggyback Florida Sheriffs' Association Contract #04-12-0823. Lease purchase financing. In kind replacement for 01350,01507,01566,01567,01585 and 01590. Appropriation Code(s): 0316-94234-564100-519-000 Comments: Project code Debt service: Principal - 0566-06612-571300-582-000-0000 Interest - 0566-06612-572300-519-000-0000 ~.~ u~ p~\e S <\ Y Purchasing Memorandum City Commission 11/03/2005 Agenda Number: 4036 t~llS -11./<-1 3 Agenda Item No: 11.3 Type: Purchase Quantity: 3 Requesting Dept: Solid Waste/General Services Using Dept: Solid Waste/General Services Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 202,266.00 2.564 (l)(d) - City ofSt. Petersburg Bid Heil Environmental Industries, Chattanooga, Tennissee Heil Enviornmentallndustries - 3 each Heil Durapack front loader truck bodies at a cost of $202,266. Piggyback City of Saint Petersburg Bid 6373. Lease purchase financing. This award is for the truck bodies only. Cab and chassis will be ordered separately. In kind replacements for G2186, G2189 and G2274 (bodies only). Appropriation Code(s): 0316-94234-564100-519-000 Comments: Project code Debt service: Principal- 0566-06612-571300-582-000-0000 Interest - 0566-06612-572300-519-000-0000 4 Agenda Item No: 11.5 Type: Purchase Quantity: 3 Requesting Dept: Solid Waste/General Services Using Dept: Solid Waste/General Services Bid Number or Code Exception: VendorInfo: Description: Sec. 2.564 (1)(d) - Fla Sheriffs' Assn Bi Great Southern Peterbilt, Inc., Jacksonville, Florida Great Southern Peterbilt Inc, - 3 Peterbilt cab and chassis at a cost of$292,798.71. ~...... .ftm. .t let'" u~ Comments: Amount: $ 292,798.71 ru~-G Purchasing Memorandum City Corrunission 11/03/2005 Agenda Number: 4036 Piggyback Florida Sheriffs' Association Contract #04-12-0823. J !. IS Lease purchase financing. Will be combined with Rei! Durapack front loader bodies, approved separately. Total cost is $495,064.71 ($165,021.57 each) In kind replacements for G2186. G2189 and G2274. Appropriation Code(s): 0316-94234-564100-519-000 Comments: Project code Debt service: Principal- 0566-06612-571300-582-000-0000 Interest - 0566-06612-572300-519-000 5 Agenda Item No: 11.4 Type: Service Quantity: Requesting Dept: Police Using Dept: Police Bid Number or Code Exception: VendorInfo: Description: Comments: Amount: $ 200,000.00 2.564 (1)(e) - Impractical to bid Alltel, Little Rock, Arkansas Alltel - Wireless communications service during the period October 1, 2005 through September 30, 2006, at a cost not to exceed $200,000. Provides wireless service to patrol car laptop computers and is directly connected to numerous other law enforcement agencies. Appropriation Code(s): 0010-01145-542100-521-000 Comments: None b _",_~~a C~~~r ~:t~~!:!!,O-:!,!!.!!~m".,.,,~__;,~ City Council PR-\ Id. I Tracking Number: 1,657 Actual Date: 11/03/2005 Subject I Recommendation: Approve a Highway Landscape Maintenance Memorandum of Agreement with the Florida Department of Transportation for the continued beautification efforts of State Road 595 right-of-way along North Fort Harrison Avenue, located between Stevenson's Creek Bridge and 80' south of the bridge, and Adopt Resolution No. 05-43 authorizing execution of said Highway Landscape Maintenance Memorandum of Agreement. Summary: The City of Clearwater and the Florida Department of Transportation entered into a Highway Landscape Maintenance Memorandum of Agreement on September 11, 1995 for beautification efforts within the State Road 595 right-of-way along North Ft. Harrison Avenue,located between Stevenson's Creek Bridge and 80' south of the bridge. This agreement was for the term of 10 years and expired on September 11, 2005. The City of Clearwater desires to continue to maintain the beautification of this rig ht-of-way ,specifica Ily: . Removal of litter . Watering and fertilization of plants . Mulching of plant beds . Keeping plants as free as practicable from disease and harmful insects . Weeding the premises routinely . Mowing and/or cutting grass within the landscaped areas . Pruning plants, specifically removing dead or diseased parts of plants, and pruning parts of plants which present a visible hazard to those using the roadway . Replacement/removal of dead or diseased plants that have fallen below project standards . Routine maintenance, as prescribed by the manufacturer, of any irrigation system The Parks and Recreation Department has the necessary resources in place to continue to perform these tasks at the current level of service. The Department of Transportation requires the Memorandum of Agreement to allow landscaping within their right-of-way. The Agreement provides that the FDOT District Secretary retain the discretion to resolve all disputes arising under the Agreement and that the City indemnify FDOT to the extent provided by law. A copy of this agreement is available for review in the Official Records and Legislative Services Department. Originating: Parks and Recreation Section Other items on City Manager Reports Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No ~~.-ntater u~ Financial Information: Review Approval Kevin Dunbar Garrv Brumback Laura Lioowski Bill Horne Cyndie Goudeau City Council Agenda Cover Memorandum,,, 10-13-2005 13: 19:55 10-23-2005 09:54:18 10-17-2005 16:03:25 10-26-2005 10:47:22 10-28-2005 08:35:55 RESOLUTION NO. 05-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTINUE THE HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, AS ORIGINALLY AGREED TO IN 1995; PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Fort Harrison I Stevenson Creek Bridge area serves as a major thoroughfare along State Road 595 in the City of Clearwater for over 108,000 residents and tourists daily; and WHEREAS, the City of Clearwater has 0.02 miles of beautifieation along the rights-of-way to the south of the Stevenson Creek Bridge, in whieh interest has been demonstrated in maintaining existing landscaping; and WHEREAS, the City Couneil desires to authorize the City Manager to execute a Highway Landscape Maintenance Memorandum of Agreement in order to meet the City's long-range goal of beautifying and maintaining the area to the south of the Stevenson Creek Bridge, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a Highway Landseape Maintenance Memorandum of Agreement with the Florida Department of Transportation. Seetion 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2005. Frank V. Hibbard Mayor Approved as to form: Attest: Cynthia E. Goudeau City Clerk Laura Lipowski Assistant City Attorney Resolution No. 05-43 ~'-~-\ IJ. I HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into as ofthe day of , 2005, by and between the ST ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "Department" and the CITY OF CLEARWATER, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "Local Government". WITNESSETH WHEREAS, the Department owns State Road 595 right-of-way consisting of road improvements and grassed areas abutting thereon located between 80' south of Stevenson's Creek Bridge and the south beginning of Stevenson's Creek Bridge in Pinellas County, Florida (the "Project Highway"); and WHEREAS, the Department has responsibility for operation and maintenance of the State Highway System: and WHEREAS, the Department is authorized pursuant to Section 335.055, Florida Statutes to enter into contracts with counties and municipalities to perform routine maintenance work on the State Highway System within appropriate boundaries; and WHEREAS, the Local Government has beautified the Project Highway by the installation of landscape improvements which would enhance its aesthetic quality; and WHEREAS, the Local Government has agreed to continue to maintain those landscape improvements in accordance with the provisions of Section 2 below; and WHEREAS, both parties hereto recognize the need for entering into an agreement to replace expired Landscape Maintenance Memorandum of Agreement 12-95, designating and setting forth the responsibilities of each party in maintaining the landscaping; and WHEREAS, the Local Government by Resolution No. 05-43 , a copy of which is attached hereto as Exhibit "A", has authorized its officers to execute this agreement on its behalf, NOW THEREFORE, for and in consideration of the mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The Local Government shall at all times maintain landscape improvements on those areas of the Project Highway as specified in the Construction Plans and Specifications attached hereto as Exhibit "B", all of which are hereby incorporated herein and made a part hereof by this reference, being hereinafter referred to as the "Project". Except as permitted in this agreement, the Local Government shall not modify the Project as installed, without prior written approval of the Department. In the event that any portion of the Proj ect is at any time determined by the Department to not be in conformance with all applicable laws, rules, procedures and guidelines of the Department, or is determined to be interfering with the safe and efficient operation of any transportation facility, or is otherwise determined to present a danger to public health, safety, or welfare, said portion shall be immediately brought into departmental compliance at the sole cost and expense of the Local Government. 2. Specifically, the Local Government agrees to carry out the following maintenance responsibilities: (a) removal oflitter from the Project Highway; (b) watering and fertilization of all plants; (c) mulching of all plants beds; (d) keeping plants as free as practicable from disease and hannful insects; (e) weeding the Project premises routinely; (f) mowing and/or cutting grass within the landscaped areas. (g) pruning all plants, specifically removing of all dead or diseased parts of plants and pruning of all parts of plants which present a visible hazard to those using the roadway; (h) replacement, or at the Local Government's option, removal of all dead or diseased plants or other parts of the Project that have fallen below project standards. All replacements should be of substantially the same grade, size and specification as originally provided for in the plans and specifications, unless otherwise authorized by the Department; and (i) routine maintenance as prescribed by the manufacturer all parts of any Project irrigation system. 3. The Department recognizes that the Local Government must comply with Section 166.241, Florida Statutes. This Agreement shall not be construed to modify, in any way, the Local Government's obligations under those statutes. 4. Maintenance ofthe Project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project standards, the Department may terminate the agreement in accordance with paragraph 1 O( a). 5. The Department's Area Maintenance Office shall be notified forty-eight (48) hours in advance of commencing any scheduled maintenance activities. Emergency repairs shall be performed without delay and the Area Maintenance Office notified immediately. The Area Maintenance Engineer with responsibility for the roadway within this Project is Mr. Brian A. Bennett, P.E., located at 5211 Ulmerton Rd, Clearwater, Florida 33760. telephone number (727) 570-510 1. 6. Prior to commencing any major reconstruction or renovation activities on this project, the Local Government is to notify all the utilities oftheir work schedule so that any affected utilities can 20f5 be field located and marked to avoid damage. 7. If the Local Government desires to position vehicles, equipment, or personnel, or to perform maintenance activities closer than fifteen feet to the edge of pavement, or to close a traffic lane, a Maintenance of Traffic shall be in accordance with the Project plans and all Departmental Maintenance of Traffic Regulations. The permittee shall have Maintenance of Traffic certified personnel supervise the set up and operation of such Maintenance of Traffic devices at the site ofthe construction or maintenance activity. 8. The Department will require the Local Government to cease operations and remove all personnel and equipment from the Department's right-of-way if any actions on the part of the Local Government or representatives of the Local Government violate the conditions or intent of this agreement as determined by the Department. 9. It is understood between the parties hereto that any or all of the Project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning ofthe Department. The Local Government shall be given notice regarding such removal, relocation or adjustment and shall be allowed sixty calendar days to remove all or part of the Project at its own cost. After the sixty calendar day removal period, the Department may remove, relocate or adjust the Project as it deems best. Wherever the Local Government is entitled to remove vegetation pursuant to this paragraph, the Local Government shall restore the surface ofthe affected portion of the project premises to the same safe condition as it was before installation of such vegetation. The restoration expected shall consists of grading and filling holes and indentations caused by the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed area, 10. This Agreement may be terminated under anyone of the following conditions: (a) By the Department ifthe Local Government, following fifteen working days written notice, fails to perform its maintenance responsibilities under this Agreement. (b) By the Local Government following sixty calendar day's written notice. (c) By the Department following sixty calendar day's notice. 11. Within 60 days following a notice to terminate pursuant to 1 O( a) or 1 O(b), ifthe Department requests, the Local Government shall remove the Project and restore the Project premises to the same safe condition existing prior to installation of the Project. If the Department does not request such restoration or terminates this Agreement pursuant to 1 O( c), the Department may remove, relocate or adjust the Project as it deems best. 12. To the extent provided by law, the Local Government shall indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damages, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Local Government, its agents, or employees, during the performance ofthe Agreement, except that neither the Local Government, its agents, or its employees will be liable under this paragraph for any claim, 30f5 loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When either party receives notice of a claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen working days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver of any right herein. 13. The Department's District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution, or fulfillment of the service hereunder and the character, quality, amount, and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 15. This Agreement may not be assigned or transferred by the Local Govenunent, in whole or in part without consent of the Department. 16. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. 17. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. Mail, postage prepaid, registered or certified with return receipt: (a) Ifto the Department, address to District Landscape Architect, Florida Department of Transportation, 11201 North Malcolm McKinley Drive MS 7-1200, Tampa, Florida 33612, or at such other address as the Department may :from time to designate by written notice to the Local Government; and (b) Ifto the Local Government address to the City of Clearwater, 100 S. Myrtle Avenue, Clearwater, Florida 33756, or at such other address as the Local Government from time designates by written notice to the Department. All time limits provided hereunder shall run from the date of receipt of all such notices, demands requests and other instruments. 40f5 , . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF CLEARWATER a political subdivision of the State of Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Wi 11 i::lm R HOl"'n13 TI Title: City Manager By: Donald J. Skelton, P.E. District Secretary, District Seven Attest: Title: Ci ty C:1 erk (SEAL) Name: Cynthia E. Goudeau Attest: Executive Secretary (SEAL) Legal Review: Approved as to form: Legal Review: Title: Assistant Citv Attorney Name: Laura Lipowski Office of the General Counsel, District 7 Countersigned: Name: Frank V. Hibbard Title: Mayor 50f5 EXHIBIT "A" RESOLUTION NO. 05-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTINUE THE HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, AS ORIGINALLY AGREED TO IN 1995; PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Fort Harrison I Stevenson Creek Bridge area serves as a major thoroughfare along State Road 595 in the City of Clearwater for over 108,000 residents and tourists daily; and WHEREAS, the City of Clearwater has 0.02 miles of beautification along the rights-of-way to the south of the Stevenson Creek Bridge, in which interest has been demonstrated in maintaining existing landscaping; and WHEREAS, the City Council desires to authorize the City Manager to execute a Highway Landscape Maintenance Memorandum of Agreement in order to meet the City's long-range goal of beautifying and maintaining the area to the south of the Stevenson Creek Bridge, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a Highway Landseape Maintenance Memorandum of Agreement with the Florida Department of Transportation. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2005. Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 05-43 1...... II " 1:':XI-IIBIT B' SECTION 3. - LAWN MAINTENANCE SPECIFICATIONS 3.1 SCOPE To mow, edge, and trim lawns; removing trash and debris from landscape and lawn areas; removal of clippings; maintenance of plant beds and landscape materials; and, the cleaning of hard surfaces at designated areas in the City of Clearwater. The Contractor is to work with the Clearwater Parks and Recreation Department in coordinating maintenance activities and reporting irregularities in the work zone. The Contractor will provide the labor and materials required to maintain the various City property listed in this specification package, including: . Traffic safety; · Trash and debris removal from the job site; · Mowing oftur[; . Edging of tUIf from hard surfaces and landscape areas; . Removal of excess grass clippings; · Removal of weeds in landscape areas, along fences and around trees; . Proper pruning of landscape plants; · Cleaning of hard surfaces; and the · Reporting of irregularities at the job site. 3.2 SCHEDULING OF WORK 3.2.1 The Contractor shall accomplish all lawn maintenance required under the contract between the hours of 7 a.m. and 7 p.m., Monday through Saturday, excluding observed holidays. The Parks and Recreation Department may grant, on an individual basis, permission to perform contract maintenance at other hours. 3.2.2 All work shall be completed in a continuous manner, that is the mowing, edging, trimming, etc., be completed before leaving the job site. 3.3. WORK METHODS 3.3.1 Maintenance scheduling: The Contractor will adhere to a work schedule provided by the City (see Section 3.3.3.). An authorized representative of the other party must approve any variations to that schedule, requested by either party, either verbally or in writing. 3.3.2 Work Procedures oer service visit: The Contractor shall provide the following service at each scheduled visit to the designated location: I LITTER REMOVAL: A Remove trash and debris from the site area to be maintained. Proper disposal of collected trash and debris is a requirement of the Contractor. During each scheduled maintenance visit, cleaning of the entire grounds shall be performed as part of regular maintenance, including all of the following items: All paper, trash, leaves, twigs, branches, dead plants, trimmings, pruning and other objectionable materials shall be picked up and removed from all landscape areas as well as adjacent parking lots, driveways, underside of bridges, pedestrian bridge, sidewalks and entrances within the site limits. Remove all debris, which accumulates in the comers of the parking lots and besides parking stops. Remove all broken glass that is present in parking lot and on walkways, curbs, or other hard surfaces, All sand, gravel, and soils shall be thoroughly cleaned, swept or blown off of all pavements adjacent to maintenance areas and disposed of properly off site. Cigarette butts, loose paper and other bits of small debris will be picked up after sweeping areas and disposed of properly. B The Contractor shall not allow landscape debris and trash to accumulate in any area. All parking lots shall be cleaned of debris on each service event, when a minimal number of cars are parked in the lots. All waste materials generated by the Contractor's operations will be disposed of properly off-site. Under no circumstances will trash or debris be swept in or disposed of in catch basins, drainpipes, storm drains or open culverts of storm sewers. C Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, special events or roadside dumping will not be the responsibility of the Contractor and may be requested by the City as additional services. The Contractor should report such accumulations of debris, when encountered. Quotations for the extraordinary cleanup from the Contractor will be considered. II TURF MAINTENANCE: A The Contractor will establish a specific mowing day with the City (e.g. Monday), and will not deviate from that schedule without proper notification to the City; examples include: preempted by weather, national holiday or other approved reason. Should the regular mowing schedule be temporarily altered, the Contractor is expected to carry out all normal duties on the next workday. B Lawn mower blades shall be clean and kept sharp as well adjusted to provide a clean cut. No more than one-third (113) of the total grass blade shall be removed per mowing, while cutting grass too closely (scalping) shall be avoided. Mowing patterns shall be changed regularly to avoid rutting. Use small mowers for difficult or tight areas where larger commercial mowing units cannot maneuver. C Turf areas shall be maintained at the appropriate height indicated below: TURFGRASS MOWING HEIGHT St. Augustine Four (4) inches Bahia Three (3) inches D. Mowing shall be done optimally when the grass is dry; however, mowing wet turf is acceptable. Bagging is not required, and grass clippings can be left on the grass so long as no readily visible clumps remain on the grass surface after mowing. If clippings are excessive or diseased, they shall be removed after mowing to enhance overall turf appearance and to prevent matting, clumping and thatch buildup. In the case of fungal disease outbreaks, clippings will be collected and disposed off site until the disease is controlled. E. The Contractor will clean all clippings, dirt and debris from sidewalks, curbs, and roadways after mowing and/or edging. Mowers should not direct discharge into the street or landscape beds, unless unavoidable. Approved deflector chutes must be attached on the discharge points of the mower. Clippings, dirt, and debris will not be swept, blown or otherwise disposed of in any landscaped bed areas, roadways, sewer drains, catch basins, drain pipes, storm drains or open culverts of storm sewers. The final appearance after mowing shall present a neat appearance. F. In the event that the turf becomes sparse or barren due to neglect by the Contractor, the Contractor shall repair or replace sod to meet its previous healthy condition at no additional cost to the City of Clearwater. Turf areas shall be kept at all times as green and healthy as possible, while maintaining a high level of appearance. G. Care shall be taken with mowing equipment to avoid obstructions such as trees, shrubs, utility boxes, signage, buildings, etc. Contractor shall be responsible for damage caused by its operations. H. All seeding or sodding not required by this Specification, which may result in an additional charge to the contract, must be approved by the City of Clearwater in writing. 81. Augustine turf areas shall not be overseeded with rye grass. I. Turf edsdos!: shall be performed with a blade at the same frequency as mowing and shall include walks, drives, curbs, planting bed perimeters and tree rings. String trimming is not to be performed against the base of any tree or shrub. Isolated trees and shrubs growing in lawn areas require a mulched buffer area around the base of the plant to avoid bark injury from mowers and to reduce root competition from turfgrass (minimum one (1) foot radius from edge of trunk or shrub drip line). Grass adjacent to all valve boxes and quick couplers shall be trimmed to maintain a clean appearance. Grass adjacent to structures, poles, etc. that cannot be serviced by standard mowing procedures, shall be regularly trimmed using a line trimmer to eliminate uneven edges or a herbicide may be used to create a buffer around infrastructure. Herbicides shall not be used as an "edger" adjacent to walks and curbs, but may be used around shrubs and trees by a certified applicator with the written approval of the City of Clearwater. III. TREE MAINTENANCE: A Minor tree pruning shall be performed as needed throughout the year and is limited to pruning below fifteen (15) feet in height to remove all dead and damaged limbs, crossing branches and to maintain their natural shape and form without removing more than 25% of canopy within one given year. All pruning shall be done as needed to encourage normal growth habit and form, maintain a pleasing natural appearance and to prevent obstruction of curbs, sidewalks, parking areas, roadways, street lights and signs, unless otherwise directed by the City of Clearwater. Trees shall not be pruned into topiary forms unless specifically required by the City. Trees will be pruned as necessary to develop proper branching and to remove any dead or damaged branches. All sucker growth, defined as shoots that sprout out around the base of a tree trunk, shall be removed with hand shears, providing care not to damage the trunk. Sucker growth shall be removed from all multi- trunk and standard trees (single-trunk), such as oleander, wax-Ieafligustrum, wax myrtle, weeping yaup on holly and crepe myrtle. No herbicides will be used for this purpose. B Ligustrum Trees, if present, should be kept elevated as to where the bottom of the canopy is clear and eight (8) feet from the ground surface, especially adjacent to all pedestrian accesses. Shoot suckers should be kept off the trunk system as to maintain the clear multi-trunk: appearance (vase-shaped). Canopy top growth should not be sheared, but occasional pruning of long shoots may be necessary to maintain the "mushroom" shape that is desired. C Major tree pruning above fifteen (15) feet in height will be additional work to the Contract as requested by the City of Clearwater. The Contractor shall provide a written proposal and cost estimate to the City for approval and authorization prior to commencement of the work, or the City may elect to take a minimum of three (3) bids for the work. Major tree pruning operations will be done between mid-November and mid-December. If work is not complete by the end of December, tree pruning will continue during the winter months and be completed by the end of February. No trees will be pruned during or immediately following growth flushes. D All plant materials should be pruned in a manner that promotes the natural shape and mature size of the tree species. All pruning cuts shall be made with sharp pruning tools and shall be pruned just outside the branch collar. Pruning techniques will be used to maintain proper balance of foliage, such as subordinate and selective cuts. Pruning paint shall not be applied. Trees shall not be pollard nor shall the central leader removed. E The Contractor shall remove all trimmings from the site on the same day that the work is done and disposed of properly . Work site shall be left in a clean and neat appearance at the end of each workday. F The Contractor shall exercise care during pruning to ensure that branches or trimmings do not endanger pedestrians, traffic or cause damage to property. Any damage resulting from the Contractor's negligence shall be repaired or replaced at equal value at no cost to the City within five (5) working days. G Storm Damage: In the event an extraordinary amount of debris caused by severe storm damage, hUnlcanes, tornadoes or vandalism, clean up and removal of all fallen or broken trees / branches shall be the responsibility of the City of Clearwater. The Contractor shall notify the City of any large amounts of debris. The City may request a price quotation from the Contractor for the clean up. IV SHRUB AND GROUND COVER MAINTENANCE: Definitions: Pruning is the selective elimination of branches to maintain or improve the size or shape of a plant. Trimming, as defined for shrubs and ground cover, is cutting of the overall tips of a plant to give a smooth, squared, hedge-like appearance. The growth characteristics of some plant species require pruning; others require trimming to look their best. All plant materials shall be maintained in a neat, well-manicured fashion at all times. A All shrubs and ground covers shall be pruned to maintain the suitable size and character of the plant. No shrubs or groundcovers shall be allowed to grow above the Florida Department of Transportation (FDOT) "Clear Sight Window" Criteria when in sight visibility triangle. B Plants that have a natural "unpruned II form should be selectively pruned, except for removal' of dead or damaged branches and leaves or to maintain a certain height required by the plant material usage. These shrubs will be pruned with hand shears as needed to provide an informal shape, fullness and bloom. Examples of these types of plants are parson's juniper, bird-of-paradise, cnnum lily, cardboard palm, king sago, heavenly bamboo, split-leaf philodendron, red fountain grass and schefilera. C Plants used as linear hedges or borders should be trimmed squarely with top of hedge slightly narrower than the bottom to facilitate exposure to sun and prevent heavy shading of lower foliage. Use a "rounding" method when the hedge forms the bordering edge ofa serpentine bed design, in which case round only vertical faces of border. As new foliage fills in, remove excessively long branches to encourage fullness and good shape. Examples of these types of plants are pittosporum, podocarpus, silverthorn, oleander, boxthorn, viburnum and Indian hawthorn. D Groundcover species shall be confined within the perimeter of the planting bed and shall be maintained from building structures (12" minimum). Supplemental top shearing may be required to present a neat appearance. In addition to, all climbing vine-like ground covers shall not climb up through other plant species within planting bed or structures, unless specified by the City of Clearwater. Examples of groundcover types include confederate jasmine, lantana, liriope, Aztec grass, ivy and mondo grass. E During the growing season (March-October), all high maintenance shrubs and groundcovers shall be trimmed once every two (2) weeks; all low maintenance shrubs and groundcovers will be trimmed as needed (usually once every four (4) to six (6) weeks). During the winter season (November-February) all shrubs and groundcovers shall be trimmed as needed to maintain a neat appearance. Ornamental grass species shall be renewal pruned down to 6-12" in height in late February each year. F Do not trim or shear shrubs into topiary forms unless specifically requested by the City. Allow shrubs to form a dense mass of plants at the height determined by the City of Clearwater. V WEED CONTROL IN LANDSCAPED AREAS: A The landscape Contractor (or designees) shall monitor the landscape for weeds at each scheduled service visit per the criteria as set forth in this document. All planting beds and tree ring are to be kept weed-free throughout the year to avoid competition with desirable plants for water and fertilizer, as well as to enhance the appearance of the overall design. B Undesirable weeds species shall be removed by hand or through chemical applications using those products according to manufacturer's recommendations and label instructions. Chemical products such as a selective, non-selective or a pre-emergent may be used approved by the Environmental Protection Agency for weed control with the City of Clearwater's approval. Approved herbicide treatment shall be applied by an experienced applicator under the direct supervision of a licensed, certified pest control professional. C Weeds, which have been chemically treated, shall be removed from the landscape after overall plant color quality has changed from green to yellow. Should these chemicals damage any desirable plant material, including sod, the Contractor at no cost to the City of Clearwater shall immediately replace the same size, quantity and quality of plants. D "Volunteers", invasive plants and trees which germinated from seeds dropped by birds or spread by wind in a planting bed and are not of the same species, shall be declared and removed like a weed, including the roots through treatment or hand removal methods. E Weeds on hardscapes such as walkways, permanent and temporary parking lots, adjacent public and private roadways, pavement cracks and any other paved areas, including rights- of-way and adjacent work areas within the contract limits, shall be removed by hand or chemically killed and removed with each service. F All weeds shall be removed from landscape beds and properly disposed from the site, on the same day by the Contractor. VI MULCH MAINTENANCE: A Any new planting beds shall be completely weed-free prior to mulching. All curb, roadway and bed line edges will be "trenched" to help contain the applied mulch. Mulch will not be placed against the trunks of plant materials. Maintain mulch at a minimum three (3) inches of setback on base of trees and one (1) inch on shrubs. B The type of mulch grade to be used shall be Pine Bark - Mini Nuggets (less than 3" in overall size). The City reserves the right to use any other mulch it deems desirable, at which time the Contractor will provide a proposal for any additional costs or credits due the City. "Alternative" mulches (recycled wood mulch, pine needles, eucalyptus, melaleuca, etc.) may be considered by the City of Clearwater. C The Contractor shall maintain the existing mulch in all planting beds at a level of three (3) inches of thickness. Planting beds shall be periodically monitored for sufficient mulch coverage in order to decrease weed growth and retain soil moisture within the project site. D Landscape beds should be top-dressed to provide a new mulched appearance maintaining a three (3) inch overall coverage as directed with the City of Clearwater. Annual mulch applications are to be made during the winter months (Nov~mber through February). Quotations for additional mulch applications may be requested of the Contractor, in order to provide additional fresh color appearance. E Maintain throughout the year, the specified depth of mulch - three inches (3"), which will discourage weed growth as well as help retain soil moisture for all existing landscape beds. F A mulch ring will be maintained around individual trees and palms in turf areas. The mulch ring shall be a minimum of twelve (12) inches wide from the outside trunk surface of the tree. VII TRAFFIC CONTROL AND PEDESTRIAN SAFETY: A The Contractor is responsible for establishing and maintaining safe work zones in vehicular traffic areas, as well as pedestrian and park user areas. The Contractor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City (the winter tourist season is generally not an acceptable time to close traffic lanes for maintenance). The Parks and Recreation Department reserves the right to limit the hours of operation in certain high pedestrian use areas. Two-way traffic shall be maintained at all times through intersections and roadways. Closure is not permitted. B The Contractor shall fully acquaint and comply with City of Clearwater safety requirements and Maintenance of Traffic (MOT). Installing Contractor is responsible for all MOT coordination and notification of appropriate agencies. If applicable, the MOT plan must be submitted to and approved by the City prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City's Transportation and Parking Services (see City of Clearwater Specifications for Traffic Control) a minimum of forty-eight (48) hours in advance of scheduled operations. C Any and all proposed traffic control shall conform to the current edition of the manual on unifonn traffic control devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, January 1998 (600 Series) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The Contractor shall use Index 627 whenever construction equipment is relocated or driven on existing open travel lanes. D The Contractor shall position advance-warning signs as appropriate for the existing field conditions. The Contractor shall provide a crew to be responsible to construct, relocate, and maintain all traffic control devices, to cover, add or remove signs as needed, and do all work necessary to maintain a safe work zone. VIII INSPECTIONS: A The site should be checked for irregularities, such as irrigation leaks, vehicle damage, dead turf or plant material, heavy insect infestations (especially fire ants), vandalism, etc., which should be reported to the Parks and Recreation Department within 48 hours after providing the service. B The Grounds Maintenance Contractor will assist the City in reporting vandalism, graffiti, damage or need of repair/refurbishing of public and private property; for example, traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities and paVIng. C The Contractor will be responsive to special. conditions or unexpected problems that may occur during the course of the maintenance agreement. The City expects the full cooperation and prompt response by the Contractor. D The Contractor may be requested to provide additional services, such as seasonal flowers and plants for various occasions and functions within the City, for an additional cost to the City of Clearwater. The Contractor will provide timely information, prices and delivery of these items. EXHIBIT "C" * State Road 595 Right-of-way along North Fort Harrison Avenue Located between Stevenson's Creek Bridge and 80' south of bridge ~ City Council Aaenda CO,!~~ Memo~,~l)dum~, CA-2t (3 . ) Tracking Number: 1,716 Actual Date: 11/03/2005 Subject / Recommendation: Adopt Resolution 05-48, confirming a declaration of a State of Emergency; establishing emergency procurement procedures, and establishing emergency employee work schedules beginning October 21,2005 at 12:00 noon and ending on October 24, 2005 at 1:00 pm due to conditions surrounding Hurricane Wilma. Originating: City Attorney Section City Attorney Reports Category: Code Amendments, Ordinances and Resolutions Public Hearing: No Financial Information: Review Approval Pam Akin 10-26-2005 14:58:33 Cvndie Goudeau 10-27-2005 14:49: 18 RESOLUTION NO. 05-48 A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND ESTABLISHING EMERGENCY PROCUREMENT PROCEDURES; ESTABLISHING EMERGENCY EMPLOYEE WORK SCHEDULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Frank V. Hibbard, Mayor, on Oetober 21, 2005 based on conditions surrounding Hurrieane Wilma; and WHEREAS, the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Hurricane Wilma; and WHEREAS, conditions arising from the above-stated emergeney have neeessitated the establishment of emergency proeurement procedures; and WHEREAS, conditions arising from the above-stated emergency have neeessitated the establishment of emergeney employee work sehedules and compensation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. A declaration of a state of emergency proclaimed on October 21,2005 is hereby eonfirmed. Seetion 2. It was necessary to establish the following emergeney procurement procedures: . The bid/quote requirements were suspended; · Awards of contract for specified department directors were inereased from $25,000 to $50,000; · The City Manager and Assistant City Manager were authorized to award contracts without bid through $100,000; · The City Manager had emergency authority above $100,000, but must present an atter action ratification item to the City Couneil for approval at the next available Council Meeting; · Purchasing card dollar limits for single and monthly transaetions and their usage (number of transaetions) were increased to as mueh as $100,000/transaction and $500,000/month for personnel specifieally approved by the City Manager; and Resolution No. 05-48 . Department directors involved in emergency and public services and other selected personnel were increased to a "reasonable" amount with the top limits reserved for the City Manager and Assistant City Manager only. Section 3. It was neeessary to implement emergeney employee work schedules and compensation in accordance with established city policy and proeedure as deemed appropriate by the City Manager. Section 4. This resolution shall be effeetive on and shall terminate concurrently with the Pinellas County declaration of a State of Emergency. PASSED AND ADOPTED this day of 200 . Attest: Cynthia E. Goudeau, City Clerk Frank V. Hibbard, Mayor Approved as to form: Pamela K. Akin, City Attorney Resolution No. 05-48 ~Q. M\GA 0<\ ,c- \\- O~~ ..(J ...::> ~'> "3.,1 RESOLUTION NO. 05-48 A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND ESTABLISHING EMERGENCY PROCUREMENT PROCEDURES; ESTABLISHING EMERGENCY EMPLOYEE WORK SCHEDULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Frank V. Hibbard, Mayor, on October 21 , 2005 based on conditions surrounding Hurricane Wilma; and WHEREAS, the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Hurricane Wilma; and WHEREAS, eonditions arising from the above-stated emergeney have necessitated the establishment of emergency procurement procedures; and WHEREAS, conditions arising from the above-stated emergeney have necessitated the establishment of emergency employee work schedules and compensation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. A declaration of a state of emergency proclaimed on Oetober 21,2005 is hereby confirmed. Section 2. It was neeessary to establish the following emergeney procurement procedures: . The bid/quote requirements were suspended; · Awards of contract for speeified department directors were increased from $25,000 to $50,000; · The City Manager and Assistant City Manager were authorized to award contracts without bid through $100,000; · The City Manager had emergency authority above $100,000, but must present an after aetion ratifieation item to the City Council for approval at the next available Council Meeting; · Purchasing card dollar limits for single and monthly transactions and their usage (number of transactions) were inereased to as much as $100,000/transaetion and $500,000/month for personnel speeifieally approved by the City Manager; and Resolution No. 05-48 r . Department directors involved in emergeney and public serviees and other seleeted personnel were increased to a "reasonable" amount with the top limits reserved for the City Manager and Assistant City Manager only. Seetion 3. It was neeessary to implement emergeney employee work sehedules and eompensation in accordance with established city poliey and procedure as deemed appropriate by the City Manager. Section 4. This resolution shall be effective on and shall terminate eoncurrently with the Pinellas County deelaration of a State of Emergency. PASSED AND ADOPTED this day of 200 . Attest: Cynthia E. Goudeau, City Clerk Frank V. Hibbard, Mayor Approved as to form: Pamela K. Akin, City Attorney Resolution No. 05-48 ~~ u~ City Council Cover Memorandum \-3<>~ Tracking Number: 1,723 Actual Date: 11/03/2005 Subject / Recommendation: Approve a settlement agreement settling the case of Anne Garris and Suzanne Boschen v. City of Clearwater, et al. Summary: This matter was mediated, per court order, on October 28, 2005. All parties participated in the mediation except the State of Florida. A proposed settlement agreement was reached, subject to approval by the City Council, that includes the following terms: 1. The Beach Concession Facility as described in Paragraph 5.04.7 of the Second Amended and Restated Development Agreement shall be no more than 1,200 square feet, no more than one story, and not display the hotel name; 2. In the event that the Beach Concession (i.e. beach chairs, cabanas and umbrellas) revert to operation by Hyatt as provided in Paragraph 5.04.7, it will be limited to a term of 5 years; 3. The City Attorney's Office shall present a proposal to the Council to acquire and dedicate a 10 foot pedestrian easement for public access from Coronado to South Gulfview immediately south of the project. 4. The Plaintiffs and their attorneys agree not to participate in or assist others to participate in the bond validation or any appeal. Originating: City Attorney Section City Attorney Reports Category: Agreements/Contracts - without cost Public Hearing: No Financial Information: Review Approval Pam Akin 10-31-2005 15:56:48 Cvndie Goudeau 11-01-2005 09:31: 19 ;11 l[) 0) 0 0) C") 0 C") CD I"- 0 ex:> C") ~~ ex:> 0) 0) ex:> CD I"- ex:> l[) N 0 0 0 ~ 0 CD 0) C"). <:t I"- 0 N O. ex:> l[) 0 ri N. <:t ..- cl -.i CD oi C") 0) ..- 0 ~~ I"- 0 l"- N <:t ex:> l[) C") C") <:t <:t ex:> ..- N ..- ..- ..- ..- ..- ..- ..- ..- ..- ..- ~t.j fh fh fh fh fh fh fh fh fh fh fh fh - o 000<((90Wn::WO<(OWn::lL.lL. UUUo...n::OWW::JZf-U(9W!:!:!:!: I(/) ::2:::)Z(/)f-_<(O <(f-OO "'<(W<(OJ <((/)<(>-J(/)<(n::<(fh0 '-'-J(9f-(/)-J<(3:(/)W<(f-w3: '" ::)-JZ n::n::In::Wy:n::O>n:: OW<( WO<(<(Z:)<((/)<(<( n::Zn:: f- ::JW<( (/)<( w o 0: 0+ W <( -J (9 <(n::-J OJ 0... f-U U (/). (/) -J f- -J (/) I + o)Oex:>C")C")~N<:tI"-ex:>~CD C')I"-I"-I"-CD_N<:tC')O_O OJONI"-<:tUI"-l[)C')..-uo oi.nr--:05cl~<:t.05 .05~.n l[)I"-I"-N<:t-C')NOJC")-CD ~T"""T"""T"""T"""cT"""T"""CJ')T"""cT""" fhfhfhfhfh8fhfhfhfh8fh 000<((90Wn::WO<(Own::lL.lL. OOUo...n::OWW-JZf-U(9WlL.lL. ::2: (/)f--J 0 f--- I(/)W<(::)Z(/)<(>:)(/)<(~<(OO (9:)(9f-~:)<(3:(/)W<(f-W3:fh~ ::)-JZ n::n::In::Wy:n::O>n:: OW<( WO<(<(Z:)<((/)<(<( n::Zn:: f- ::JW<( (/)<( w 00:0 W <(-J(9 n::-J OJ 0... f-U <( 0 (/). (/) -J f- -J (/) I CTrr - a JL I ,~ I L ,] CD I~ OJ OJ C') 0 C") CD I"- 0 ex:> ~~ Cll ex:> CD I"- ex:> l[) N 0 0 c C"). <:t. I"- a. C\!. 0 ex:> l[) <:t Cll ..- 0 <:t CD OJ C") 0) ..- ~G l() ::2: N <:t ex:> l[) C") C') <:t <:t I 0 ..- ..- ..- ..- ..- ..- ..- ..- I~ fh fh fh fh fh fh fh fh U <((90Wn::WO<(w o...n::OWW-JZf-(9 ::2:::) Z(/) f-:::! <(0<( <(OJ <((/)<(>-J(/)n:: f-(/)-J<(3:(/)W<(w n::n::In::Wy:n::> +WO<(<(Z:)<(<( f- ::Jw<( (/) W <(-J(9 0... f-U r-: (/) n::lL.lL. WlL.lL. f-OO <( 3:fh~ n:: <( w -J o + >. Q) C")C')~N<:tI"-ex:>~ E I"-CD_N<:tC")O_ .8 I"- <:t U I"- l[) C') ..- U <(- 05cl~<:t.05 .05~ ~::!:c~~85~c o fhfh 8fhfhfhfh 8 U <((90wn::WO<(W o...n::owW-JZf-(9 ::2:::)z(/)f-:::!<(O<( <(OJ<((/)<(>-J(/)n:: f-(/)-J<(3:(/)w<(w n::n::In::WY:n::> wo<(<(z:)<(<( f- ::Jw<( (/) W <(-J(9 0... f-U r-: (/) n::lL.lL. wlL.lL. f-OO <( 3:fh~ n:: <( W -J o Q) .... :J tl 2 Ci5 .... o >. Cll ::2: OJ c e U5 + .~ '1 . J l{) o o N ;:::: N o -c ~ U) ~ c .Q ro E .2 .~ >. (1) C: :J en .c (J Co (1) en ro Ol (1) --l Ol ::2: z-. (3 l{) o o C'? ro s.. a> en ns ~ ns ~ ~ +-I .- U o o o o to ..-- ffl- o o o o L!) ..-- ffl- o o o. o -.:t ..-- ffl- o 0 o 0 o O. o 0 C") C\I ..-- ..-- ffl- ffl- o o o o ..-- ..-- ffl- o o o o o ..-- ffl- ~ C'CS C'CS en - C'CS :::J r::: r::: <( o o o o 0) ffl- ~ o Q) OJ ro ..... Q) > <! llJ l- LL en Q) "i: o en Q) .... C'CS o +-' Q) OJ "0 ::l (() c o :;::; ~ ::l D- o Ll.. ro c o E "0 ro ..... I- Q} en C/l "0 _..... ::l Q) .0 +-' C/l ro -..... 2: 2 6 cu ro :;:::; Q) ~ cu o cu g Q) :::: - cu o Ow C/l Q) ::::. f- e.o ou.. g >- Q)_C/l cu+=' .0"'" N~ ~"*-g ~l:l ~2:~ ~ .~ ~ m ~ +-' 4- Q) 0 cu Q)l:l >."0 ..:.:::e ,+=::::e Ci:icu "oocu E ~ e Q) Q) ""'0 CU.o..c o .0 Q) >- +-' .ocu >-Q) cu 0 +-' en >- .oUo s.....:;::::; Q)+-t o U cu..... +-' Q) >- l:l l:lQ) U..... _ ~ l:l ~.~ ro uQ) .....4-::J > "0 l:l U .0 '+= e cu :::J C/l ~ cu U Cl. e '+= Q) C/l -c 0 > Q) E~ g~~ ~~ ~~1O Q)e' CQ)l.... .00 ro.....Q) 4- 4- en l:l :5 00..... C/l 0 Q) C/l C/l 4- > Q) Q) 0 '+= Q) .C .;::: .C cu cu C/l C/l 0 Q)een ~ ~ 'C 0 2 .......... ~~ro Q) Q) U) _~ U ~ ~~ .....~~cu ee Q)o-,ocu cu cu g> ..... .0 C/l ~ ~ e 0 ro cu .cc ~o-g.3 GG >-~:ffig Q) Q) +-' -- C/l C/l en en 0 Ci:i ..... -..... cu cu ::J Q) Q)Q) ~~.2g> > 10 ~ Q) Q) e cu Q) en..c cu cu I" e 10 ~I-~ .Q 0 Q)>.. C i ~ 1'~1 ~~I I- Cl. 0- ~I u.. ~I 0 '" o o N <0 N (3 co co ~N.. cv~ t:Eft s... o~ ... '<:t. ... (J) <(~ ~co ...t::: .- C') u~ Eft o <0 L[) <0 '<:t ...-- Eft N N L[) <0 '<:t ...-- Eft o o o CO M o o o o M '<""" o o o '<t N '<""" o 0 o 0 o 0 CO N '<""" '<""" '<""" '<""" o o o CO o co ::;, C c <C ~ CO - CO en o o o o o '<""" 1; o "0 ...... 0) 0) 0'> O'>CU CJ) -c Q) _'- :J > 0) .0 CU ...... (/) CU -,-"0 ~ 2 ~ cu cu '- 0) ~ 0) U cuE 0) 0) 3 U ~ o ...... (/) 0) 3 "0 coO 02 o >. :;::;:;:::; o)cu cu U .o:J NO)>. U C'- :;:::;CU cu"O Uu 0'> 0) ~ (/) O.~ "0 0) -..... 0)0'> 0)"0 > ~ ..:.::: C t;::: 0) ro CU "0 > E 0)> C CU '- 0 ro L- 0.0 0)0) .ocu >E CU >. 0 '-:;:::; .oc o U CU 0 U ~ >.:;::; 0) U CU (/)"0 O):J U~ '-0.. .0 t;::: "0 a..O :J 0) a.. (/) > "0 C ..... C -Co .cu CU :;::; (/) - E CU C CU N 0 C "5~ ~g C 0'> .!::::!:.o 0) '- C CU .0 0 CU '- .......... 0'>1- o 0 '- '-" (/) (/) 0 (/) 0)0) .....0) .C 'C 0 .C CU CU (/) 0 CU CU 0) 0'> (/) (/) 'C 0) CUm >.>' cuu">- 0) 0) (/) L. EE >.~cu o 0 0) 0 cu ............ CoO(/) <( <( 0 cu cu cc :;::"02 GG <(2u >. cu cu 0) 0) U...... en (/) 0'> 0'> - cu cu 0 >. Q;Q; ~~~ > > ~ 0) 0 cucu O)..c::;:; j ~I~ ~ -I~ :~.. g "0 :J '-.. ~ 0 g- -g ~ 3/ I- a.. 0.. CO <( U Cl) OJ co ..... Cl) > <( W l- LL en Q) .- s.. o C) Q) ....., CO (J - Cl) OJ "0 :J OJ c o ~ ~ :J Cl.. o 0... co c o :e "0 co ..... I- "' o o ~ to '" 2; Closest Jurisdiction Matches BY POPULATION: CLEARWATER -109,000 City Attorney POPULATION ACTUAL 167000 $194.334 150,581 $134,722 139.357 $134,992 109,000 $128,544 95,447 $99,337 96.000 $139,132 87,000 $132,686 AVERAGE $143,718 CLEARWATER $128,544 S DIFF .$15.174 % DIFF ,',."11.8 Ft. Lauderdale Tallahassee Hollywood Clearwater Gainesville Miami Beach Sunrise City Manager FI. Lauderdale Tallahassee Hollywood Pembrooke Pines Coral Springs Clearwater Cape Coral Gainesville Port St. Lucie Miami Beach Sunrise POPULATION 167000 150,581 139,357 145.000 126,000 109,000 110,000 95,447 95,000 96,000 87,000 $192,982 $156,083 $147,472 $157,950 $181,497 $139,256 $148,533 $133,027 $134,640 $118,496 $152,353 Note: These jurisdictions based on populations are five directly above and five directly below Clearwater's population of 109,000. 'The average salary total does not include Clearwater's salary. BY BUDGET: CLEARWATER - $255,137,340 SI. Petersbur Boca Rato Ft. Lauderdal Lakelan Gainesvill Clearwate Sunris Hollywoo Pompano Beac $140,463 $169,091 $194,334 $138,108 $99,337 $128,544 S132,686 S134,992 $136,399 $128,544 .$20,895 % DIFF + St. Petersbur Boca Rato Ft. Lauderdal Lakelan Gainesvill Clearwate Sunris Hollywoo Port SI. Luci Pompano Beac Sara sot $172,709 $192,982 $149,800 $133,027 $139,256 $152,353 $147,472 $134,640 $182.775 $141,508 AVERAGE CLEARWATER $DIFF %DIFF Note: These jurisdictions based on budget amounts are five directly above and five directly below Clearwater's budget of $255,137,340. 'The averaqe salary total does not include Clearwater's salary. + Strong Mayor structure BY FTE COUNT: CLEARWATER -1799 City Attorney HE COUNT ACTUAL 2,755 $134,722 2,420 $194,334 2,262 $99,337 2,000 $138,108 1,900 $128,544 1.831 $139.132 1,745 $134,992 1,500 $124,990 1,293 $132.686 Tallahasse Ft. Lauderdal Gainesvill Lakelan Clearwate Miami Beac Hollywoo W. Palm Beac Sunris AVERAGE CLEARWATER $ DIFF % DIFF Orland Tallahasse Ft. Lauderdal Gainesvill Lakelan Clearwate Miami Beac Hollywoo + W. Palm Beac Sunris Pembrooke Pine 3,138 2.755 2,420 2,262 2,000 1.900 1,831 1.745 1,500 1.293 1,382 $184,770 $156,083 $192,982 $133,027 $149,800 $139,256 $118,496 $147,472 $159.672 $152,353 $157,950 AVERAGE CLEARWATER $ DIFF %DIFF Note: These jurisdictions based on allocated full-time equivalent (FTE) positions within the organizations are five directly above and five directly below Clearwater's FTE count. +'The average salary total does not include Clearwater's salary. Strong Mayor structure 8-30-05 City Mgr Legal searctl survey IntOrmatJon.xts Top 10 by categones 10/26/2005