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09/21/2006 City Council Agenda Location: Council Chambers - City Hall Date: 9/21/2006- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 State Legislative Session Report - Rep. Kim Berfield ~ Attachments 4.2 Service Award ~ Attachments 4.3 APGA 5 Year Safety A ward for 2001 - 2005 ~ Attachments 4.4 Proclamation - Library Card Sign-Up Month - September 2006 ~ Attachments 4.5 Proclamation - Public Natural Gas Week October 1-7, 2006 ~ Attachments 4.6 Proclamation - Somebody Cares Tampa Bay ~ Attachments 4.7 Proclamation - Clearwater Jazz Holiday - October 19-22,2006 ~ Attachments 4.8 Proclamation - Commuter Choices Week - September 25-29,2006 ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the September 7, 2006, City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 5.2 Approve the minutes of the September 5,2006, Council Special Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.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 7.1 Approve the applicant's request to vacate the 16- foot alley portion that lies adjacent to the rear property line of Lot 5, Block 16, Milton Park, (a.k.a. 711 Pinellas Street), subject to a condition of approval, and approve Ordinance Number 7688-06 on first reading, (V AC2006-l0 Critchley), ~ Attachments 7.2 Adopt the Final Evaluation and Appraisal Report of the Clearwater Comprehensive Plan and PASS Resolution No. 06-49. ~ Attachments 7.3 Amend and adopt Ordinance 7673-06 on second and final reading; amending the millage rate from 5.42 mills at first reading of the ordinance to 5.2530 at second reading; declaring the millage rate to be levied for the fiscal year beginning October 1, 2006 and ending September 30, 2007, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.2530 mills. ~ Attachments 7.4 Amend and adopt Ordinance 7674-06 on second and final reading to decrease the 2006/07 City of Clearwater Annual Operating Budget by $1,709,000, reducing budgeted General Fund salaries by $501,000; increasing the contribution to the Florida Orchestra by $20,000; decreasing the subsidy to the Jolley Trolley by $28,000; decreasing the subsidy to the Performing Arts Center and Theater, Inc. (PACT) $300,000; decreasing the contribution to the Capital Improvement Program for street and sidewalk improvement and maintenance by $500,000; changing the funding source of the Sailing Center Expansion project in the amount of $400,000 from General Fund to Penny for Pinellas; and adopt Ordinance 7674-06 as amended on second reading, adopting the City of Clearwater Annual Operating Budget for 2006/07. ~ Attachments 7.5 Amend and adopt Ordinance 7675-06 on second reading to include the $450,000 project for the Countryside Community Park Concession and Restroom Building funded from grants and donations approved by the Council on September 7, 2006; change the funding source of the Sailing Center Expansion project in the amount of $400,000 from General Fund to Penny for Pinellas; reduce the road millage funding in the Streets, Sidewalks & Bridges project by $500,000 from $3,488,030 to $2,988,030; adopt Ordinance 7675-06 as amended on second reading, adopting the Fiscal Year 2006/07 Capital Improvement Budget; and approve a six-year plan for the Capital Improvement Program (CIP). ~ Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3012 Tennessee Avenue (Lot 9, Block 4, Bay View City Subdivision in Section 16, Township 29 South and Range 16 East); and Pass Ordinance 7680-06, 7681-06 & 7682-06 on first reading. ~ Attachments 8.2 Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County AE, Agricultural Estate Residential District to the City Low Medium Density Residential (LMDR) District for 1885 CR 193 (Consisting of Metes and Bounds 41-03, In Section 5, Township 29 South, Range 16 East); and Pass Ordinance 7683-06, 7684-06 & 7685-06 on first reading. ~ Attachments 8.3 Approve the Future Land Use Plan Amendment from the Commercial General (CG) category to the Residential Urban (RU) category and Zoning Atlas Amendment from the Commercial (C) District to the Medium Density Residential (MDR) District for property located at 1101 Howard Street (Lots 77-80, Carolina Terrace Annex) and Pass Ordinance 7667-06 and 7668-06 on first reading. ~ Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 7654-06 on second reading, amending the Code of Ordinances to establish the construction project delivery method referred to as "Design-Build" and the procedure to be followed in selecting firms to provide design-build services and negotiating design-build contracts; amending Section 2.541, Code of Ordinances to add definitions, and creating a new Section 2.601 to outline procedures for awarding design-build contracts. @) Attachments 9.2 Adopt Ordinance 7686-06 on second reading, amending Chapter 29 of the Code of Ordinances to increase the additional homestead exemption for persons 65 and older from $10,000 to $25,000. ~ Attachments City Manager Reports 10. Consent Agenda 10.1 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2006-2007 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. @) Attachments 10.2 Authorize settlement of the workers' compensation claim of John Moros, in its entirety to include medical, indemnity and attorney fees, costs, and liability claim for the sum of $65,000 and authorize the appropriate officials to execute same. (consent) @) Attachments 10.3 Approve a new Capital Improvement Project (CIP) for the installation of gas mains within the City of Clearwater residential communities; approve the initial funding of this CIP with $157,200 from General Fund Retained Earnings; and approve in concept the August 2006 proposal "Extension of Natural Gas Mains in Existing Residential Communities within the City of Clearwater". (consent) @) Attachments 10.4 Approve the A ward of Bid 29-06 Installation of Gas Mains and Service Lines at Various Locations in the amount of $1,185,000 (actual bid of $983,914) and approve the issuance of a Purchase Order to Mastec North America, Incorporated 7221 East Martin Luther King Jr. Boulevard Tampa, Florida 33619 in the amount of $1,098,750 for the period October 1,2006 to September 30,2007 and authorize the appropriate officials to execute same. (consent) ~ Attachments 10.5 Authorize the renewal of a contract for health insurance with United HealthCare under a fully insured funding arrangement for the contract period of January 1, 2007, to December 31, 2007, at a total not to exceed cost of $16,500,000 which includes estimated City ($11,700,000), employee ($3,400,000), and retiree ($1,400,000) premiums, and award a three-year contract to Unipsych Benefits of Florida, Inc. for EAP and mental health/substance abuse coverage for City employees and their covered dependents for a not to exceed amount of $200,000 ($180,000 for current employees and $20,000 for retirees) per year for a total of $600,000 for the period January 1,2007 through December 31,2009. ~ Attachments 10.6 A ward a contract to State of Florida, Department of Management Services, Tallahassee, Florida - Suncom long distance service, State AIN Centranet lines, and toll free long distance lines during the period October 1, 2006 through September 30,2007 at a cost not to exceed $183,250. ~ Attachments 10.7 Award a contract to Verizon Florida, Inc., Saint Petersburg, Florida - Telephone service including frame relay internet service, T1's, Centranet trunks, directory advertising, long distance overflow, and credit/collect calls during the period October 1, 2006 through September 30,2007, at a cost not to exceed $429,950 and authorize the appropriate officials to execute same. (consent) ~ Attachments 10.8 Award a contract to Sprint/Nextel, Los Angeles, California - Cellular/radio service during the period October 1,2006 through September 30,2007 at a cost not to exceed $218,880. ~ Attachments 10.9 Approve FY 06/07 Blanket Purchase Orders to Baker & Taylor Books -$250,000; Ingram Book Company - $130,000; and Ebsco Subscription Services - $100,000. ~ Attachments 10.10 Consider Parks and Recreation Board recommendation to rename the East West Recreation Trail that currently runs from Bayshore Boulevard to the Long Center to Ream Wilson Clearwater Trail. (consent) ~ Attachments 10.11 Award a contract between the City of Clearwater and TriTech Software Systems, in the amount of $894,721.00, to replace the Clearwater Police Department's Computer-Aided Dispatch System, software for the implementation of mobile CADS data, and two (2) servers. This replacement is contingent upon the approval of two (2) earmark grant budget amendments, totaling $939,295.00, by the United States Department of Justice, and that the appropriate officials be authorized to execute same. ~ Attachments 10.12 Award a contract to Smith & Wesson, Springfield, MA, for the purchase of 300 Smith & Wesson, Model M&P40, .40 caliber weapons at a cost of $123,000; and declare surplus and authorize trade-in of 300 Walther P990 .40 caliber weapons for a credit of $78,600 (net cost $44,400) in accordance with Sec. 2.564 (l)(e) - Impractical to bid, and authorize officials to execute same. (consent) ~ Attachments 10.13 Request approval for the City of Clearwater to enter into agreements of understanding with significant reclaimed water users: Chi Chi Rodriguez Youth Foundation, Inc.; Clearwater Country Club, Inc.; Countryside Country Club, Inc.; and the Parks & Recreation Department, to clarify liability, obligations and responsibilities to the Florida Department of Environmental Protection, and new metering rate structure. ~ Attachments 10.14 Accept a 5-foot Sanitary Easement over, under and across the West 5 feet of Lot 135, GLENWOOD SUBDIVISION, conveyed by Flores, L.L.c., a Florida limited liability company, given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. @) Attachments 10.15 Accept an l8-month temporary construction easement containing 4,950 square feet, and a perpetual Drainage and Utility Easement containing 1,382.68 square feet, more or less, over, across and upon a portion of Lot 25, HILLCREST ESTATES FIRST ADDITION, conveyed by Brian R. and Marian Pingor, husband and wife (Grantor), in consideration of receipt of $1.00 and the benefits to be derived therefrom. ~ Attachments 10.16 Approve a renewable 5-year term interlocal agreement with Pinellas County Government allowing the County to use the Ross Norton Recreational Facility as a Public Disaster Shelter and authorize the appropriate officials to execute same. ~ Attachments 10.17 Approve purchase of excess liability, crime, EMS policies, boiler & machinery, marina operations liability, and flood insurance coverages for an amount not to exceed $580,000, authorize appropriate officials to execute same and authorize staff to negotiate and purchase property insurance coverage for expiring/expired layers of property insurance if cost effective and to self insure those layers for which cost effective insurance is not available, such purchases to be brought back to the Council as a ratify and confirm at the next subsequent Council meeting. @) Attachments 11. Other items on City Manager Reports 11.1 Adopt resolutions to file liens as follows: 1) Resolution 06-17 for $12,832.40 on 1111 LaSalle Street; Greenwood Park Number 2, Block F, Lot 29; Owner of record: Shawn Johnson & Alexandria Wilburn, 12086 134th Place, Largo, Florida 33778;2) Resolution 06-18 for $4,934.34 on 1126 Tangerine Street; Greenwood Park, Block C, Lot 29 and W 10feet of Lot 30; Owner of record: Reuben L. Triplett & Sylvia Triplett, 1349 Springdale Street, Clearwater, Florida 33755.3) Resolution 06-19 for $6,772.11 on 608 Harold Court; Marshall & Brandon's Subdivision, Lots 7,8, & 9 & E 20ft. of Lot 10 & vacated easterly 80 ft. of Harold Court per O.R. 13949; Owner of record: Harold Court Townhomes LLC, 2506 S. MacDill Avenue, Tampa, Florida 33629.4) Resolution 06-20 for $4,568.83 on 321 Coronado Drive; Columbia Sub. No.2, Block A, Lot 6; Owner of record: Roland Rogers, 321 Coronado Drive, Clearwater, Florida 33767 and the appropriate officials be authorized to execute same. ~ Attachments 11.2 Approve a Joint Participation Agreement with the Florida Department of Transportation (FDOT), District Seven, to provide funding of $436,000 this fiscal year and $1,857,670 in fiscal year 2007 to the City of Clearwater to resurface SR 60/Cleveland Street/Gulf to Bay Boulevard within the corporate limits of Clearwater, Florida, from West of Pierce Boulevard to Highland Avenue, and Adopt Resolution 06-51 authorizing it's officers to execute this Joint Participation Agreement with the Florida Department of Transportation, District Seven. ~ Attachments 11.3 Amend the City's fiscal year 2005/06 Operating and Capital Improvement Budgets at third quarter and pas s Ordinances 7710-06 and 7711-06 on first reading. ~ Attachments 11.4 Approve a Supplemental Local Agency Program Agreement with the Florida Department of Transportation in the amount of $3,793,748 for the Beach Walk project. @) Attachments Miscellaneous Reports and Items 12. City Attorney Reports 12.1 Authorize Filing in Circuit Court of Application to Vacate Arbitrator's A ward in City of Clearwater v. Clearwater Firefighters Association, Inc., IAFF, Local # 1158 [Trevor Murray Discharge], FMCS Case No. 05-58832. @l Attachments 13. City Manager Verbal Reports 13.1 @l Attachments 14. Other Council Action 14.1 ~ Attachments 15. Adjourn , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :':: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: State Legislative Session Report - Rep. Kim Berfield SUMMARY: Meeting Date:9/21/2006 Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:--=c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ SUBJECT / RECOMMENDATION: Service Award SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:9/21/2006 Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: APGA 5 Year Safety Award for 2001 - 2005 SUMMARY: Meeting Date:9/21/2006 Review Approval: I) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Library Card Sign-Up Month - September 2006 SUMMARY: Meeting Date:9/21/2006 Review Approval: I) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Public Natural Gas Week October 1-7, 2006 SUMMARY: Meeting Date:9/21/2006 Review Approval: I) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Somebody Cares Tampa Bay SUMMARY: Meeting Date:9/21/2006 Review Approval: I) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Clearwater Jazz Holiday - October 19-22, 2006 SUMMARY: Meeting Date:9/21/2006 Review Approval: I) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - Commuter Choices Week - September 25-29,2006 SUMMARY: Meeting Date:9/21/2006 Review Approval: I) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the September 7, 2006, City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: I) Clerk CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 7,2006 Unapproved Present: Frank Hibbard Carlen Petersen Hoyt P. Hamilton William C. Jonson John Doran Also present: William B. Horne II Garry Brumback Rod Irwin Pamela K. Akin Cynthia E. Goudeau Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Ma Assistant City Mana City Attorney City Clerk The Mayor called the meeting to order at 6:00 McAbee of Everybody's Tabernacle offered the in Allegiance. To provide continuity for researc necessarily discussed in that order. 4. Presentations 4.1 4.2 oved to approve the minutes of the regular meeting of ubmitted in written summation by the City Clerk to was duly seconded and carried unanimously. terns Not on the Agenda ded review of the Municipal Code Enforcement appeals de regarding what constitutes a sign. ch said increased revenues should be used to reduce taxes. Council 2006-09-07 1 Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 A rove the recommended Penn Years 2006/07 throuqh 2009/10. On March 6, 1997, the City Council adopted Ordin established the requirement for a special hearing prior improvement budget to discuss the use of Penny for which there is any proposed change to Penny for Pinella Budget Director Tina Wilson reviewed the changes: and Recreation Infrastructure Facility; add $100,000 for con Beautification Maintenance Building and $400,000 for reno the National Guard Armory Building. Councilmember Petersen moved to appro Pinellas project list, as revised, for Fiscal Year was duly seconded. In response to a suggestion, cons Sailing Center improvements from the Ge Upon the vote being tak LLAGE - PHASE ONE in January erty owners, including the City, to ergy to facl ate relocating the existing electrical length of Freedom Drive, the subdivision's only urch (Pathways) and New Zion Missionary Baptist at straddle Spring Branch of Stevenson Creek as it oth churches have granted additional easement for ransmission facilities east of their present Clearwater the subject easement will complete the right-of-way required of the transmission lines to a new monopole tower to be easement granted by Pathways. A portion of the subject easement lies In land the City co-purchased with a portion of the $1.5-million dollars the State Department of Environmental Protection (DEP) funded under DEP Agreement WAP050 for Stevenson Creek projects. DEP has reviewed the proposed relocation plan and provided written response that the project will not jeopardize DEP grant funds so long as it does not interfere with the City's ability to construct and maintain the Spring Council 2006-09-07 2 Branch project as planned. Stipulations contained in the easement conveyance explicitly establish those requirements. To further facilitate the relocation project, staff will bring an additional item to Council proposing the City subordinate existing easement authority it as over and across Spring Branch to the new easements Pathways and Mt. Zion eyed to Progress Energy. Council member Doran moved to approve declarin foot parcel of City-owned land identified as being a porti E. A. MARSHALL SUBDIVISION and vacated State Stre north, for the purpose of conveying perpetual non-exclusi Corporation, d/b/a Progress Energy Florida, Inc. for overhea distribution lines and related facilities as defined therein; and officials to execute same. The motion was duly seconded its 50-foot by e housing. stormwater line e history of the er properties in the proposes to give it to the City, with rcel. The City lot is the slightly smaller nsity Residential and buildable to ter line enc brance on the CNHS parcel. It is rks project will be established to re-route the f-way and abandon all segments now traversing 25(B) of the Exchange Agreement, the City will place su cel to raise its ground elevation to that of the abutting stree greed to provide the fill. Each of the parties will pay its own clo ate the exchange. City expenses not to exceed $550 are estimated nce in the amount of $40,000, plus related closing and recording expenses. ot by 145-foot City parcel came into General Fund ownership in 1999 as a resu the City foreclosing about $3,840 in unpaid lot clearing liens and paying approximately $3,328 in delinquent property taxes. Proceeds from future sale of the CNHS parcel will accrue in the General Fund once the stormwater line is abandoned. Council 2006-09-07 3 Councilmember Hamilton moved to approve declaring as surplus PLAZA PARK, Block D, Lot 6 and the west half of vacated alley on the east (City parcel), and approve an Agreement For Exchange of Real Property (Exchange Agreement) between the City and Clearwater Neighborhood Housing Services, Inc. (CNHS) to exchange title therein for title to PINE CREST SUB., Block 2, Lot 7 and one-half of vacated Iley adjacent on the north, (CNHS parcel), each deemed to be of comparable apprais lue as stipulated in Section 2.01 (d)(5)(iv) of the City Charter, togethe ith d costs not to exceed $550, and authorize appropriate officia ecu motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing Ordinance 7646-06 was presented for second r Councilmember Jonson moved to pass and adop final reading. The motion was duly seconded "Ayes": Petersen, Hamilton, "Nays": None. ted for second r nd read by title only. and adopt Ordinance 7647-06 on second and d and upon roll call, the vote was: n, Doran, and Hibbard. presented for second reading and read by title only. a to pass and adopt Ordinance 7648-06 on second and as duly seconded and upon roll call, the vote was: : Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-09-07 4 8.4 Adopt Ordinance7659-06 on second readinq, vacatinq the five-foot utility easement Iyinq alonq the north property lines of Lots 4, 5, and 6, Block G, Hibiscus Gardens. Ordinance 7659-06 was presented for second reading and re Councilmember Hamilton moved to pass and adopt Ordinance 7659- final reading. The motion was duly seconded and upon roll c the by title only. n second and s: "Ayes": Petersen, Hamilton, Jonson, Dora "Nays": None. Ordinance 7661-06 was presented for second r Councilmember Jonson moved to pass and adop final reading. The motion was duly seconded "Ayes": Petersen, Hamilton, "Nays": None. ted for second r nd read by title only. and adopt Ordinance 7662-06 on second and d and upon roll call, the vote was: n, Doran, and Hibbard. as presented for second reading and read by title only. ved to pass and adopt Ordinance 7663-06 on second and n was duly seconded and upon roll call, the vote was: es": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-09-07 5 8.8 Adopt Ordinance 7664-06 on second readinq, annexinq certain real property whose post office address is 2750 Third Avenue North, into the corporate limits of the city and redefininq the boundary lines of the city to include said addition. AND AND Councilmember Petersen moved to co uncertain. The motion was duly seconded 9. Consent Agenda - Appro Inc. 9.5 firm Chan e Order 3 to TLC Diversified Inc. of Palmetto Florida for the "Northea PCF Filter Rehabilitation & Marshall St. APCF Blower Re lacement Proiect" (03-0066-UT) which increases the contract amount by $569,146.73 for a new contract total of $3,294,067.73 and approve a time extension of 285 days and authorize the appropriate officials to execute same. (Consent) Council 2006-09-07 6 9.6 Approve a supplemental Work Order with Parsons Enqineerinq Science, Inc. for construction enqineerinq and inspection services associated with the Biosolids Treatment Implementation proiect in the amount of $55,000, for a new purchase order total of $532,552, and the appropriate officials be authorized to execute same. (Consent) on moved to approve the Consent Agenda as submitted icials be authorized to execute same. The motion was duly nanimously. Council ber Jonson moved to rescind the motion to approve the Consent Agenda. The motion was duly seconded and carried unanimously. Council 2006-09-07 7 Councilmember Hamilton moved to approve Consent Agenda items 9.1 through 9.13 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9.14 A rove a Settlement A reement re Court Case 06-3489-CI-7. Allen J. Stowell and Stowell Properties, LLC filed s Clearwater regarding a billboard on the property located The billboard had previously been the subject of Municip proceedings and appeal and an administrative proceed in Department of Transportation permit. This settlement proposal in the Circuit Court case wo of achieving compliance with its sign code with respect to t agreement, the billboard would be removed seven years folio ing e agreement, Municipal Code Enforcement Board proce gs would be City with corresponding dismissal of the code enf eal and th by Stowell. In the event development of the sit issuance of certificate of occupancy. Any period is limited to a steel monopole at th relocate on the property. If the pr yo notice of default or right to cure nd t City i per day as well as the right to the propertYl recover the costs of remov eement regarding ourt Case 06-34 The motion was duly amilton, Doran, and Mayor Hibbard voted " Motion carried. be Hom from $1 subseque ty Council adopted Ordinance 7499-05, which granted to certain qualifying low-income senior citizens ff recommends adopting Ordinance 7686-06, Increased rsons 65 and Older, to increase the additional exemption o maximum allowed by state law for tax year 2007 and The Flo Constitution grants many residents an exemption of $25,000 from their property's assessed value when tax levies are determined. A 1998 constitutional provision allows municipalities to grant an additional limited homestead exemption to senior citizens that meet certain income criteria. To be eligible, the person requesting the exemption must be 65 years of age, have household income below the set threshold Council 2006-09-07 8 ($20,000 in 2000, adjusted annually), and the property must qualify for the original homestead exemption. Councilmember Doran moved to approve an increase of $15,000, from the current exemption of $10,000 to the maximum allowance of $25,000, the Additional Homestead Exemption for certain qualifying low-income senior citize The motion was duly seconded and carried unanimously. Ordinance 7686-06 was presented for first readin Councilmember Hamilton moved to pass Ordinance 768 motion was duly seconded and upon roll call, the vote w "Ayes": Petersen, Hamilton, Jonson, Doran, a "Nays": None. Councilmember Petersen declare On November 1,2001, approved a lease agreement b Clearwater for the premise five years commencing 0 rental of $1 er year. Council) e City of er for a period of ober31,2006, ata to create and operate a central "one-stop" eeded by Clearwater's Hispanic community. attendant community programs are the e YWCA and the Clearwater Police much public acclaim and numerous e Departm t wish to continue this partnership and ousing the HOC for an additional 3 years in order that ue to receive the much-needed services provided mary services/programs currently offered at the HOC in Lessor's Police Department Hispanic Outreach Officer. This he Clearwater Police Department's primary liaison with the Hispani responsible for organizing and implementing the Police Departme utreach Program; 2) Interpreter and victim advocacy services provided by ee, The program currently is funded by Justice Assistance Grant funds. The Les will be responsible for continued funding of this program for the three-year period of its agreement with the Lessor; 3) Other advocacy or intervention services. These services will respond to the needs of the Hispanic community and may include health matters, legal issues, and other concerns identified by the Hispanic community, the YWCA, or the Clearwater Police Department; 4) ESOL and Spanish Council 2006-09-07 9 language classes coordinated by the Lessee. The Lessee will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the Hispanic Outreach Center. The Lessee also may make available Spanish language classes to provide Lessor's employees the opportunity to learn to speak Spanish; 5) Health outreach and nutrition education services; 6) Multi-purpose training room. To be joi tly used by the Lessee and Lessor; 7) Youth services. Lessee will administer variou uth Programs targeted toward at-risk youth from Hispanic and other ethnic 0 ng u~ hese programs will focus on risk reduction and the development idu hip skills needed in adulthood. . The YWCA will be responsible for all maintenanc and for all utility costs. The City will be responsible for all the premises, including the building and grounds. Either pa agreement on thirty days written notice if any single item of exceeds $10,000. Councilmember Hamilton moved to approve re between the YWCA of Tampa Bay, Inc. and the located at 612 Franklin Street, Clearwater, Flor:' commencing on November 1, 2006, and ter $1 per year and authorize the appropriate duly seconded. Councilmembers Hamilto voted "Aye"; Councilmember Petersen ab estigated alternative construction delivery the delivery of construction projects. Staff Ily during this time of uncertainty in the long term and high dollar projects. use of an alternative delivery method referred to as ion project delivery method or approach involving a and construction of a project, is requested. The elivery method and the procedures for awarding such rida Statute Section 287.055 and Florida Administrative ouncil, the award of a single design-build contract may, in d construction of the project, include the financing, operation f the project over the contractually defined period of time. Request for proposals a olicited from design/builders, usually teams of contractors and designers, during the conceptual design phase. This ordinance will allow us to use the Design-Build delivery method for future projects. Council 2006-09-07 10 Councilmember Jonson moved to approve amending the Code of Ordinances to establish the Construction Project Delivery Method referred to as "Design-Build" and the procedure to be followed in selecting firms to provide Design Build Services and Negotiating Design-Build Contracts; amending Section 2.541 to add design-build definitions and creating a new Section 2.601 to outline procedures for warding design- build contracts. The motion was duly seconded and carried unanim Ordinance 7654-06 was presented for first reading Councilmember Petersen moved to pass Ordinance 765 motion was duly seconded and upon roll call, the vote w "Ayes": Petersen, Hamilton, Jonson, Doran, "Nays": None. roached s to Progress ssion line that the subdivision' adway. Council has ,790 square-foot easement to PE over and SUBDIVISION, and former adjacent State and maintaining overhead electrical cilities (New Easement). The New subject electric lines into the y New Zion Missionary Baptist Church y overlap and encumber major portions of the Power are essential to constructing and maintaining the City's ct (Spring Branch) anticipated to commence in 2007. Th operative funding from the Southwest Florida Water Man 0% of project construction costs. While the subject action subordi ments to Progress Energy's authority vested by the Power Easement licitly reserves all rights and interests in the City Easements sufficient to c and maintain Spring Branch, or modify the project so long as the changes do not reasonably interfere with Progress Energy rights. City staff has determined that the rights being subordinated for the subject relocation will not inhibit the construction or maintenance of the Spring Branch project, as provided for in DEP Agreement WAP050. Council 2006-09-07 11 Councilmember Doran moved to approve subordinating City right, title and interest in 33,526 square-feet, more or less, of easements recorded in O. R. Book 2940, Page 48, O. R. Book 3146, Page 298 and O. R. Book 12596, Page 1358, Pinellas County public records (City Easements), to those Power Easements conveyed to Florida Power Corporation, d/b/a Progress Energy Florida, Inc., by New Zion issionary Baptist Church dated October 20, 2005, containing 6,567 square-feet, more ss, and by Pathways Community Church, Inc. dated April 11 , 2005, (ack led il1 006) containing 33,397 square-feet, more or less (Power Easem s s ap and encroach upon City Easements, subject to reservatio provisio d in the Easement Subordination instrument, and authorize a riate offi ' te same. The motion was duly seconded and carried una Iy. 10.5 A oint one member to the Librar Board with the te 2010. Councilmember Jonson moved to appoint Michele Kre tzma Brumback to the Library Board with terms expiring on ust 31, 2010. was duly seconded and carried unanimously. Miscellaneous R 11. City Attorney Reports romised if roceed da Statutes. 06-46 on August 3, on the November 7, ents to the Pine nty Charter. The City of f to prevent the referenda election on the luded on the November 7, 2006 ballot; and If atter heard prior to the election of al arguments that it wishes to raise in 4.1041 (2) allows a governmental oved to find that significant legal rights will be ing amendments to the Pinellas County Charter does resolution process established by Chapter 164, Florida uly seconded and carried unanimously. Re moved to pa execute same. was presented and read by title only. Council member Jonson aopt Resolution 06-48 and authorize the appropriate officials to e motion was duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jonson, Doran, and Hibbard. "Nays": None. Council 2006-09-07 12 1m. C1f......hMI~ ",. ~lnl~~II~ ...~.. 1JI. ~CMM:II ~ B1 WIlJ'~illl~ ~.r~ ~~ , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the September 5, 2006, Council Special Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: I) Clerk CITY COUNCIL SPECIAL MEETING MINUTES CITY OF CLEARWATER September 5, 2006 Unapproved Present: Frank Hibbard Carlen Petersen Hoyt P. Hamilton William C. Jonson John Doran Also present: William B. Horne II Garry Brumback Rod Irwin Pamela K. Akin Cynthia E. Goudeau Patricia O. Sullivan Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manag Assistant City Manager City Attorney City Clerk Board Reporter The Mayor called the meeting to order at 6:00 invocation and led the Pledge of Allegiance. To provide continuity for research, i necessarily discussed in that order. 4 - Administrative Public Hearings. M) Act and the City rate for the upcoming year. sented his proposed FY (Fiscal Year) 2006/07 t recommending a millage rate of 5.420 mills. rate by the Council at the July 20, 2006 of ad-valorem property taxes for the City ented in order that this tentative millage rate be adopted ear. This rate is a reduction of .333 mills from the FY d reflects a 14.52% increase over the rolled back rate of on reviewed the budget process and the proposed budget. As pro Key financial iss energy; 3) Outside scal Year) 2006/07 General Fund Expenditures total $123.6-million. ting the budget include: 1) Property/liability insurance; 2) Fuel & ncy funding; 4) Pension contribution; and 5) Beach Walk debt. Council Special Meeting 2006-09-05 1 Other changes impacting the General Fund Budget include: 1) $257,000 - Jolley Trolley; 2) $675,610 - Beach Guards; and 3) $300,000 - PACT (Performing Arts Center & Theater). Previously, the Jolley Trolley and Beach Guards were funded from the parking fund. Approximately $400,000 is proposed to expand Sailing Center programming. Costs for salaries and benefits also have increased. As proposed, General Fund costs will increase $12.2-milli 2005/06 to $123.6-million in FY 2006/07. Ten people addressed the Council concerned regard Two people requested additional funding for the HEP address City homeless needs. In response to a question, Parks & Recreation Departm increases to the Parks & Recreation Department budget: 1) $80 $200,000 for salaries; and 3) $150,000 for special events. Discussion ensued regarding the budget ha the visioning process. It was also noted a recent high level of service they receive. It was stated tax revenues are u is being decreased. Save our Hom homesteaded properties are insul It was recommended th t they are willing to pay for an discussions be completed be that an ad ittee revie hat level of service as requested that It was recommended Ions. ce the millage rate by 0.003 mills by rescinding Hall. Motion died for lack of a second. nted for first reading and read in full. Councilmember 673-06 on first reading. The motion was duly seconded , Hamilton, Doran, and Hibbard. Council Special Meeting 2006-09-05 2 In response to a concern that opposing the budget seemed political it was indicated tthis is not the case. 4.2 Approve the City of Clearwater Annual Operatinq Budqet for the 2006/07 Fiscal Year and pass Ordinance 7674-06 on first readinq. The City Charter, Pinellas County regulations, and Florida requirements that must be met for the City to be able to levy ta resources on mandated or desired goods and services. The related ordinances are an integral part of fulfilling these requ On June 30, 2006, the City Manager presented to the Annual Operating Budget that outlined estimated revenues and 2006/07 fiscal year. Copies of this document were made availa media. The budget was discussed at several City Council mee Ordinance 7674-06 is now presented in order to a year 2006/07 and authorize the City Manager to issu authorized services. Eight people spoke in opposition to the It was requested that residents partici responsible items to cut. Councilmember Doran mo Budget for the 2006/07 Fiscal Petersen, Hamilton, Doran, Motion carried. nual Operating uncilmembers nson voted "Nay." r first reading and read by title only. ance 7674-06 on first reading. The motion was Hibbard. rovement Bud et and establish a six- ear Ian for ass Ordinance 7675-06 on first readin . The ty regulations, and Florida State Statutes outline regulations that require local g 0 prepare and adopt comprehensive planning and development programs. The provement Program plan provides the mechanism to meet these requirements. Maj hysical undertakings costing $25,000 or more and having a useful life of at least three years are defined as "capital" projects and are accounted for in this Capital Improvement Program. Council Special Meeting 2006-09-05 3 On June 30, 2006, the City Manager presented to the City Council detailed proposed operating and capital improvement budgets. The Capital Improvement Program budget outlines projects and funding sources for $62.8 million of projects to be undertaken in Fiscal Year 2006/07. The FY 2006/07 budget also contains a six-year plan, which ou ines projects and funding sources for each of the next six years totaling $350.7 million. Ea f these plan years will be reviewed and revised as needed, and budgets presented f for et tion in subsequent years. The adopted Capital Improvement Budget am uncil approval through the quarterly budget review process. One resident recommended limiting the capital impro Councilmember Hamilton moved to adopt the Fiscal Yea Budget and establish a six-year plan for the Capitallmproveme was duly seconded and carried unanimously. Ordinance 7675-06 was presented for first readin Councilmember Jonson moved to pass Ordinance 76 duly seconded and upon roll call, the vote was: "Ayes": Petersen, Hamilton, Jo "Nays": None. 5 - City Manager Reports: None. 6 - Adjourn Council Special Meeting 2006-09-05 Mayor City of Clearwater 4 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the 16-foot alley portion that lies adjacent to the rear property line of Lot 5, Block 16, Milton Park, (a.k.a. 711 Pinellas Street), subject to a condition of approval, and approve Ordinance Number 7688-06 on first reading, (V AC2006-1O Critchley), SUMMARY: Applicant is seeking vacation of the alley in order to extend the southerly boundary of the subject property. Presently the property is being cleaned and upgraded for use as an attorney's office. The alley lying to the west of the subject parcel has been vacated with a drainage and utility easement retained over the full width of the alley. The alley portion subject of this request is presently not in use by the general public. Progress Energy, Verizon, Brighthouse Cable and Knology have no objections to the vacation request. The City of Clearwater has a sanitary sewer main in the subject alley. Public Works Administration has no objections to the vacation request provided that a drainage and utility easement is retained over the full width of the alley. Review Approval: I) Clerk ~ NORTH Scale 1"=1000' Location Map CRITCHLEY AMBLESIDE CaE .!! RD ~ I I ~..~~~N\J~ ('"~ Q ~ 1i1 ~~<~~/.1~Jt; ~~ Cl S< It) ~ C? ~ I;r U~u~u~~er' DRUID RD ~ W III I JASMINE WAY / I~I rn/ I I LOTUS II ~5 ~ <( ::;; PATH rifJ iD~D~O~O~ ~DSO~ToH~o~ SOT ~ g 1)5 15 is F ~ ~ ~ KING~EY ST 0:: <( ~ ST CD (;::J 0 I~L J:= 0:: J, ~[ ::;; MA( L LC L [ ~~}~~~~~~~ ~~D~D 0 [ w > <( v CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING CRITCHLEY VACATION REQUEST 16' ALLEY SOUTH OF LOT 5, BLK. 16 MILTON PARK SUBDIVISION ORAWN BY 0, KING CHECKED BY S.D. DAlE 8/14/2006 GRID' 3058 DWG. NO. V AC2006 10 SHEET 1 OF 2 SECT- 1W$P-RNG 21 295 15E ORDINANCE 7688 06 ORDINANCE NO. 7688-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE SIXTEEN-FOOT ALLEY LYING ALONG THE REAR PROPERTY LINE OF LOT 5, BLOCK 16, MILTON PARK, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Joseph Critchley, owner of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said alley is not necessary for municipal use and it is deemed to be to 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: sixteen-foot alley lying along the rear property line of Lot 5, Block 16, Milton Park, as recorded in Plat Book 1, Page 69 of the Official Records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and maintenance of any and all public utilities thereon. 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: Carlos F. Colon Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7688-06 PINELLAS ST 0 CO 0 CO Vacation Requested By Applicant PA K 1 7 6 3 2 ~ 1 9 8 q: ~ LIJ 1 ~ ~ 9 10 11 12 13 14 ~ :e CI) 1 2 3 4 14 8 10 9 11 12 13 14 10 11 TUSKAWILLA ST o co o co 30 6 5 4 3 2 1 30 11 12 N W.JSt~E ~~'>! S City of Clearwater Public Works Administration / Engineering CRITCHLEY VACATION REQUEST 16' ALLEY SOUTH OF LOT 5, BLK. 16 MILTON PARK SUBDIVISION Ordinance 7688-06 S.K. 3058 Reviewed By: S. D. Scale: 1" = 100' S - T - R 21-29s-15e Date: 08/29/06 Drawn By: DWG. NO V AC 2006-10 Grid # , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt the Final Evaluation and Appraisal Report of the Clearwater Comprehensive Plan and PAS S Resolution No. 06-49. SUMMARY: Comments and recommended revisions have been received from the Department of Community Affairs (DCA), Florida Department of Transportation (FDOT), Southwest Florida Water Management District (SWFWMD) and Planning staff. The recommendations have been listed in the revisions matrix, and include actions taken in response to these recommendations. Some of the major changes include: . City's vision, as reflected in the Final EAR now reads "beautiful and vibrant waterfront community" . The EAR now recognizes the Courtney Campbell Causeway as Scenic Highway. The implementation of Transportation Concurrency Exception Areas (TCEA) will be done in compliance with prior commitments to the maintenance of US 19, and in coordination with state, county and local governments in the region. . Provide data to show how the comprehensive plan is financially feasible, is linked to funding sources and is not dependent upon tenuous funds. . Addresses the requirements of House Bill 955 to require comprehensive plans to include waterways in the comprehensive system of public and private sites for recreation and to include in the coastal management element strategies that will be used to preserve recreation and commercial working waterfronts defined in section 342.07, F.S. . The issue of public safety concurrency has been addressed in the first Issue of Local Concern (Redevelopment) rather than in the general concurrency discussion. The proposed review of the Final EAR is consistent with Florida Statutes and the Planning Department recommends approval. Review Approval: I) Clerk Council Meeting Date: September 21,2006 Case Number: Director's Item Agenda Item: G-1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT EV ALUA TION AND APPRAISAL REPORT (EAR) REQUEST: A review of the Final Evaluation and Appraisal Report (EAR) that analyzes the Comprehensive Plan to identify its successes and shortcomings and identifies how the Plan should be amended to meet the changing needs of the City of Clearwater. INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: The Planning Department began its EAR process in 2005 in accordance with Florida Statutes (Chapter 163.3191) that requires a review of the Comprehensive Plan every seven (7) years. An intensive public participation program was implemented to help with the process. A Citizen Advisory Committee (CAC) of 23 members appointed by the City Council was the primary forum for public input and participation over a series of nine (9) meetings. Meetings were also held with the five (5) adjacent cities, Pinellas County, the Pinellas Planning Council, the Pinellas County School District, and City staff. A "scoping meeting" was also held with the Florida Department of Community Affairs (DCA), as well as four (4) other state and regional agencies. ANAL YSIS: At their meeting on June 13, 2006, the Council voted unanimously to approve sending the Draft to DCA for review with minor revisions. The revisions requested by Council are detailed as part of a revisions matrix (see attached), along with a detailing of the actions taken. The Community Development Board will review the proposed final EAR in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on September 19, 2006 and make a recommendation to the Council. The Planning Department will report the recommendation at the September 21,2006 City Council meeting. Comments and recommended revisions have been received from the Department of Community Affairs (DCA), Florida Department of Transportation (FDOT), Southwest Florida Water Management District (SWFWMD) and Planning staff. The Staff Report - Community Development Board - September 19, 2006 - Final EAR 1 recommendations have been listed in the revisions matrix, and include actions taken in response to these recommendations. Some of the major changes include: . City's vision, as reflected in the Final EAR now reads "beautiful and vibrant waterfront community" . The EAR now recognizes the Courtney Campbell Causeway as Scenic Highway . The implementation of Transportation Concurrency Exception Areas (TCEA) will be done in compliance with prior commitments to the maintenance of US 19, and in coordination with state, county and local governments in the region. . Provide data to show how the comprehensive plan is financially feasible, is linked to funding sources and is not dependent upon tenuous funds. . Addresses the requirements of House Bill 955 to require comprehensive plans to include waterways in the comprehensive system of public and private sites for recreation and to include in the coastal management element strategies that will be used to preserve recreation and commercial working waterfronts defined in section 342.07, F.S. . The issue of public safety concurrency has been addressed in the first Issue of Local Concern (Redevelopment) rather than in the general concurrency discussion. The Community Development Board will review the proposed final EAR in its capacity as the Local Planning Agency (LPA) at its regularly scheduled meeting on September 19, 2006 and make a recommendation to the Council. The Planning Department will report the recommendation at the September 21, 2006 City Council meeting. DCA will review the final EAR, and make a determination as to whether the document is sufficient to meet the requirements of state statute. After the DCA makes a determination of sufficiency, proposed Comprehensive Plan amendments based on the EAR will be made within 12-18 months. It is expected that DCA will rule on the sufficiency issue on or before December 29, 2006. At that time the City will began the process of making amendments to the Comprehensive Plan that will provide the basis for maximizing the City's opportunities, strengthening the City's qualities, and overcoming the City's weaknesses. The amendments will provide a framework to implement the vision for the City. SUMMARY AND RECOMMENDATION: The proposed review of the Final EAR is consistent with Florida Statutes. The Planning Department Staff recommends Adoption of Resolution 06-49 adopting the Final EAR and authorizing transmittal to the Department of Community Affairs (DCA. Prepared by Planning Department: Steven L. 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""0.2 =0 .~ UJ ~ Ql ro Co > 5 Ql ~iDJ::~u>- RESOLUTION NO. 06-49 A RESOLUTION OF THE CITY OF CLEARWATER ADOPTING THE EVALUATION AND APPRAISAL REPORT OF THE CITY OF CLEARWATER COMPREHENSIVE PLAN AS REQUIRED BY FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.3191 Florida Statutes reflects the intent of the state legislature that local planning should be a continuous and ongoing process, and that as part of this process a local government should periodically assess the success or failure of its comprehensive plan to adequately address changing conditions and to provide updates to the plan to reflect changes in state policy on planning and growth management; and WHEREAS, based on this assessment, the comprehensive plan may require updating and revision in order to ensure that the plan continues to provide sufficient guidance to the local government regarding land development decisions; and WHEREAS, the City of Clearwater City Council is required to adopt the Evaluation and Appraisal Report within ninety days from the date of receipt of the proposed Evaluation and Appraisal Report by the Clearwater Local Planning Agency; and WHEREAS, the City of Clearwater has prepared and submitted a proposed Evaluation and Appraisal Report to the Florida Department of Community Affairs for review prior to adoption; The City of Clearwater has addressed all review comments and concerns by the Department of Community Affairs; the City of Clearwater has satisfactorily responded to and incorporated said comments and concerns made by the Department of Community Affairs, and has included the comments and concerns in the form of an addendum to the Evaluation and Appraisal Report for adoption by the City of Clearwater City Council; and WHEREAS, upon adoption of the Clearwater Evaluation and Appraisal Report the Department of Community Affairs shall conduct a Sufficiency Determination. Appraisal Report as required by Florida Statutes Section 163 and the associated rules listed in the Section 9J-5 of the Florida Administrative Code; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby adopts the evaluation and appraisal report with the intention of meeting all requirements contained in the Florida Statutes and Florida Administrative Code provisions. Section 2. This resolution shall take effect immediately upon adoption. Resolution No. 06-49 PASSED AND ADOPTED this 2006. Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney day of Frank V. Hibbard, Mayor ATTEST: Cynthia E. Goudeau City Clerk 2 Resolution No. 06-49 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend and adopt Ordinance 7673-06 on second and final reading; amending the millage rate from 5.42 mills at first reading of the ordinance to 5.2530 at second reading; declaring the millage rate to be levied for the fiscal year beginning October I, 2006 and ending September 30, 2007, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.2530 mills. SUMMARY: The City Charter, Pinellas County regulations, and Florida State Statutes outline requirements that must be met for the City to be able to levy taxes and fees and spend resources on mandated or desired goods and services. The adoption of this amended ordinance is an integral part of fulfilling these requirements. On June 30, 2006 the City Manager presented to the City Council a detailed Preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2006/07 fiscal year. Copies of this document were made available to residents and the news media. The budget was discussed at several City Council meetings earlier this summer. The Council approved a tentative millage rate of 5.42 mills on July 20, 2006. Ordinance 7673-06 was presented to the Council for First Reading on September 5,2006 and a tentative millage rate of 5.42 mills was approved at that meeting. A subsequent discussion at the September 18, 2006 Council work session provided direction to reduce the millage further to provide a one-half mill decrease from the 2005/06 millage rate of 5.753 mills. The amended Ordinance 7673-06 is now presented in order to adopt the final millage rate of 5.2530 mills for fiscal year 2006/07. The levy of 5.2530 mills constitutes an 11.00% increase over the rolled back rate of 4.7326 mills. All changes from the first reading of the ordinance are highlighted in yellow in the attached exhibits. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: I) Legal 2) Clerk MILLAGE ORDINANCE ORDINANCE NO. 7673-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 5.2530 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 5.2530 MILLS CONSTITUTES AN 11.00% INCREASE OVER THE ROLLED BACK RATE OF 4.7326 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1,2006, and ending September 30,2007, from ad valorem taxes is $53,763,270; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 5.2530 mills are necessary to generate $53,763,270; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby determined that a tax of 5.2530 mills against the non-exempt real and personal property within the City is necessary to raise the sums to be appropriated for operation purposes, including pensions and debt service, road capital improvement projects, for the fiscal year beginning October 1,2006. Section 2. The levy of 5.2530 mills constitutes an 11.00% increase over the rolled back rate. Section 3. This ordinance shall take effect October 1, 2006. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7673-06 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend and adopt Ordinance 7674-06 on second and final reading to decrease the 2006/07 City of Clearwater Annual Operating Budget by $1,709,000, reducing budgeted General Fund salaries by $501,000; increasing the contribution to the Florida Orchestra by $20,000; decreasing the subsidy to the Jolley Trolley by $28,000; decreasing the subsidy to the Performing Arts Center and Theater, Inc. (PACT) $300,000; decreasing the contribution to the Capital Improvement Program for street and sidewalk improvement and maintenance by $500,000; changing the funding source of the Sailing Center Expansion project in the amount of $400,000 from General Fund to Penny for Pinellas; and adopt Ordinance 7674-06 as amended on second reading, adopting the City of Clearwater Annual Operating Budget for 2006/07. SUMMARY: The City Charter, Pinellas County regulations, and Florida State Statutes outline requirements that must be met for the City to be able to levy taxes and fees and spend resources on mandated or desired goods and services. The adoption of this ordinance and two related ordinances are an integral part of fulfilling these requirements. On June 30, 2006 the City Manager presented to the City Council a detailed Preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2006/07 fiscal year. Copies of this document were made available to residents and the news media. The budget was discussed at several City Council meetings earlier this summer. Ordinance 7674-06 was presented to the Council for First Reading on September 5,2006 and subsequent to discussions an amended Ordinance 7674-06 is now presented in order to adopt the operating budget for fiscal year 2006/07 and authorize the City Manager to issue instructions to achieve and accomplish authorized services. Based upon general direction from the City Council at the work session of September 18,2006, the Operating Budget for fiscal year 2006/07 is amended at second and final reading to decrease salaries by $501,000; increase the contribution to the Florida Orchestra by $20,000; decrease the subsidy to the J olley Trolley by $28,000; decrease the subsidy to the Performing Arts Center and Theater, Inc. (PACT) by $300,000; decrease the contribution to the Capital Improvement Program for street and sidewalk improvement and maintenance by $500,000; and change the funding source of the Sailing Center Expansion project in the amount of $400,000 from General Fund to Penny for Pinellas. The amendments result in a $1,709,000 net decrease to the 2006/07 annual operating budget. All changes from the first reading of the ordinance are highlighted in yellow in the attached exhibits. Type: Current Year Budget?: Other No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: I) Legal 2) Clerk OPERATING BUDGET ORDINANCE ORDINANCE NO. 7674-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE SERVICE PROGRAMS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONIES AND PROGRAMS AMONG THE DEPARTMENTS AND ACTIVITIES WITHIN ANY FUND AS PROVIDED BY CHAPTER 2 OF THE CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted an estimate of the expenditures necessary to carryon the City government for the fiscal year beginning October 1, 2006, and ending September 30,2007; and WHEREAS, an estimate of the revenues to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the operating budget, and notice of the times and places where copies of the budget message and operating budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in City Hall on September 5, 2006, upon said budget and tax levy; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Pursuant to the City Manager's Annual Budget Report for the fiscal year beginning October 1, 2006, and ending September 30, 2007, a copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Ordinance No. 7674-06 Section 2. The budget as adopted shall stand and be the budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 3. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the service programs authorized by the adoption of this budget. Section 4. The City Manager is authorized for reasons of economy or efficiency to transfer part or all of any unencumbered appropriation balance among programs within an operating fund, provided such action does not result in the discontinuance of a program. Section 5. It is the intent of the City Council that this budget, including amendments thereto, is adopted to permit the legal appropriation and encumbering of funds for the purposes set forth in the budget. All appropriated and encumbered but unexpended funds at the end of the fiscal year may be expended during the subsequent fiscal year for the purposes for which they were appropriated and encumbered, and such expenditures shall be deemed to have been spent out of the current budget allocation. It shall not be necessary to reappropriate additional funds in the budget for the subsequent fiscal year to cover valid open encumbrances outstanding as of the end of the current fiscal year. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1,2006. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7674-06 EXHIBIT A - REVISED AT SECOND READING OF ORDINANCE #7674-06 CITY OF CLEARWATER 2006-07 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2004/05 2005/06 2006/07 GENERAL FUND: Property Taxes 39,093,135 44,878,180 Franchise Fees 8,225,805 7,792,130 9,050,840 Utility Taxes 10,610,843 10,810,200 11,514,320 Licenses, Permits & Fees 4,721 ,368 4,015,000 4,046,110 Sales Tax 6,373,261 6,325,000 6,748,430 Communications Services Tax 6,882,607 6,547,070 6,549,460 I ntergovernm ental 10,339,476 10,010,270 11,374,130 Charges for Services 3,625,254 3,674,870 3,784,020 Fines & Forfeitures 841,040 828,000 836,000 Interest Income 526,266 529,000 719,000 Miscellaneous 876,746 1 ,146,540 1,208,880 Interfund Charges/Transfers In 14,622,644 14,843,650 15,793,580 TOTAL GENERAL FUND 106,738,445 111,399,910 SPECIAL REVENUE FUNDS: Special Development Fund 15,136,626 20,494,410 Special Program Fund 8,639,778 2,111,600 2,172,830 Local Housing Assistance Trust Fund 834,429 820,100 1 ,241 ,270 ENTERPRISE FUNDS: Water & Sewer Fund 48,727,995 51,781,310 54,340,550 Stormwater Utility Fund 10,522,622 11,531,030 12,551,970 Solid Waste Fund 16,929,972 17,298,140 18,475,210 Gas Fund 37,796,797 42,062,990 50,206,760 Recycling Fund 2,909,364 2,557,900 2,685,700 Marine & Aviation Fund 3,987,329 3,850,400 3,945,720 Parking Fund 5,014,787 4,782,260 4,891,660 Harborview Center Fund 1,794,746 2,211,770 706,040 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,494,278 9,106,290 9,703,270 General Services Fund 3,590,204 4,117,710 4,202,510 Garage Fund 9,970,848 11,330,890 12,339,640 Central Insurance Fund 18,676,709 19,759,210 22,388,660 TOTAL ALL FUNDS 299,764,929 315,215,920 ~~~i~~~i1l!~Q Ordinance #7674-06 EXHIBIT A - REVISED (Continued) CITY OF CLEARWATER 2006-07 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expend itu res Expend itu res Expend itu res 2004/05 2005/06 2006/07 GENERAL FUND: City Council 259,610 297,300 288,860 City Manager's Office 815,409 1 ,125,050 1,269,520 City Attorney's Office 1,316,226 1,505,800 1,616,370 City Audit 139,831 145,960 156,500 Development & Neighborhood Services 3,594,618 3,837,330 4,136,700 Economic Development & Housing 1,270,793 1,397,330 1,457,130 Equity Services 401 ,422 348,330 343,110 Finance 1,954,088 2,157,900 2,200,540 Fire 19,057,440 20,658,540 22,734,580 Human Resources 1,157,990 1,207,690 1,333,630 Library 5,647,633 6,081,950 6,611,820 Marine & Aviation 442,995 502,830 1 Non-Departmental 5,483,631 4,671,660 Office of Management & Budget 310,548 315,680 333,310 Official Records & Legislative Services 1,156,685 1,250,160 1 Parks & Recreation 17,817,227 20,088,080 Planning 1 ,195,040 1 ,484,330 1 ,445,380 Police 31,150,602 33,243,510 35,630,590 Public Communications 904,733 976,400 1,055,510 Public Works Administration 9,344,420 10,104,080 1 0 TOTAL GENERAL FUND 103,420,940 111,399,910 SPECIAL REVENUE FUNDS: Special Development Fund 11,614,010 19,797,220 Special Program Fund 8,277,375 2,011,600 2,022,830 Local Housing Assistance Trust Fund 741,002 820,100 1 ,241 ,270 ENTERPRISE FUNDS: Water & Sewer Fund 49,520,302 49,847,580 53,874,170 Stormwater Utility Fund 7,906,404 11,398,620 12,124,450 Solid Waste Fund 16,222,488 17,298,140 18,475,210 Gas Fund 33,205,657 40,533,050 48,613,190 Recycling Fund 2,394,678 2,557,020 2,677,450 Marine & Aviation Fund 3,936,615 3,601,820 3,708,200 Parking Fund 4,120,275 4,609,970 3,660,780 Harborview Center Fund 2,007,953 2,211,770 706,040 INTERNAL SERVICE FUNDS: Administrative Services Fund 7,785,166 9,053,370 9,703,270 General Services Fund 3,775,104 4,104,120 4,202,510 Garage Fund 10,485,415 11,330,890 12,305,160 Central Insurance Fund 19,387,201 18,737,140 22,388,660 TOTAL ALL FUNDS 284,800,585 309,312,320 ~~~;~~~;~~~ Ordinance #7674-06 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend and adopt Ordinance 7675-06 on second reading to include the $450,000 project for the Countryside Community Park Concession and Restroom Building funded from grants and donations approved by the Council on September 7,2006; change the funding source of the Sailing Center Expansion project in the amount of $400,000 from General Fund to Penny for Pinellas; reduce the road millage funding in the Streets, Sidewalks & Bridges project by $500,000 from $3,488,030 to $2,988,030; adopt Ordinance 7675- 06 as amended on second reading, adopting the Fiscal Year 2006/07 Capital Improvement Budget; and approve a six-year plan for the Capital Improvement Program (CIP). SUMMARY: The City Charger, County regulations and Florida State Statutes outline regulations that require local governments to prepare and adopt comprehensive planning and development programs. The Capital Improvement Program plan provides the mechanism to meet these requirements. Major physical undertakings costing $25,000 or more and having a useful life of at least three years are defined as "capital" projects and are accounted for in the Capital Improvement Program. On June 30, 2006, the City Manager presented to the City Council detailed proposed operating and capital improvement budgets. The Capital Improvement Program budget outlines projects and funding sources for $62.7 million of projects to be undertaken in fiscal year 2006/07. The 2006/07 budget also contains a six-year plan, which outlines projects and funding sources for each of the next six years totaling $350.6 million. Each of these plan years will be reviewed and revised as needed, and budgets presented for formal budget adoption in subsequent years. The adopted Capital Improvement Budget can be amended with Council approval through the quarterly budget review process. The capital budget in fiscal year 2006/07 has been amended at second reading to include the $450,000 project for the Countryside Community Park Concession and Restroom Building funded from grants and donations approved by the Council on September 7, 2006. In addition, the funding source of the Sailing Center Expansion project in the amount of $400,000 has been changed from General Fund to Penny for Pinellas and the road millage funding in the Streets, Sidewalks & Bridges project has been reduced by $500,000 from $3,488,030 to $2,988,030. All changes from the first reading ordinance are highlighted in yellow in the attached exhibits. Review Approval: I) Legal 2) Clerk CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO. 7675-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; APPROVING THE SIX-YEAR CAPITAL IMPROVEMENT PROGRAM WHICH SHALL BE REEVALUATED AT THE BEGINNING OF EACH FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO ISSUE SUCH INSTRUCTIONS THAT ARE NECESSARY TO ACHIEVE AND ACCOMPLISH THE CAPITAL IMPROVEMENTS SO AUTHORIZED; AUTHORIZING THE CITY MANAGER TO TRANSFER MONEY BETWEEN PROJECTS IN THE CAPITAL IMPROVEMENT PROGRAM; APPROPRIATING AVAILABLE AND ANTICIPATED RESOURCES FOR THE PROJECTS IDENTIFIED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a proposed Six-Year Capital Improvement Program, and has submitted an estimate of the amount of money necessary to carryon said Capital Improvement Program for the fiscal year beginning October 1,2006, and ending September 30,2007; and WHEREAS, an estimate of the resources available and income to be received by the City during said period from ad valorem taxes and other sources has been submitted to the City Council; and WHEREAS, a general summary of the Capital Improvement Budget, and notice of the times and places when copies of the budget message and capital budget are available for inspection by the public, was published in a newspaper of general circulation; and WHEREAS, the City Council has examined and carefully considered the proposed budget; and WHEREAS, in accordance with Chapter 2 of the Clearwater Code of Ordinances, the City Council conducted a public hearing in the City Hall upon said proposed budget on September 5,2006; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to the Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2006, and ending September 30, 2007, a Ordinance No. 7675-06 copy of which is on file with the City Clerk, the City Council hereby adopts a budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. The Six-Year Capital Improvement Program and Budget, a summary of which is attached hereto, marked Exhibit B, is approved in its present form, but prior to the beginning of each fiscal year the City Council shall reevaluate priorities, hold public hearings and formally adopt additions or corrections thereto. Section 3. The budget as adopted shall stand and be the Capital Improvement Program Budget of the City for said fiscal year, subject to the authority of the City Council to amend or change the budget as provided by Section 2.519 of the Clearwater Code of Ordinances. Section 4. The City Manager is authorized and directed to issue such instructions and directives that are necessary to achieve and accomplish the capital improvements authorized by the adoption of this budget. Section 5. The City Manager is authorized to transfer appropriations within the capital budget, provided such transfer does not result in changing the scope of any project or the fund source included in the adopted capital budget. Section 6. Should any provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole, or any provision thereof, other than the provision declared to be invalid. Section 7. This ordinance shall take effect October 1,2006. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7675-06 Exhibit A - REVISED AT SECOND READING OF ORDINANCE #7675-06 CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/07 Function Budget 2006/07 Police Protection Fire Protection New Street Construction Major Street Maintenance Intersections Parking Miscellaneous Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings General Public City Buildings & Equipment Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 400,000 2,924,150 1 1 423,180 300,000 665,000 10,000 688,630 3,743,400 1,005,000 100,000 1,087,000 7,482,860 5,750,000 430,000 26,000 20,517,170 8,098,870 1 Ordinance #7675-06 Exhibit A (Continued) RESOURCES APPROPRIATED FOR CAPITAL PROJECTS 2006/07 GENERAL SOURCES: General Operating Revenue General Revenue/County Coop Road Millage Penny for Pinellas Transportation Impact Fees Local Option Gas Tax Grants - Other Agencies Donations Budget 2006/07 688,630 290,000 962,180 SELF SUPPORTING FUNDS: Marine/Aviation Revenue Parking Revenue Harborview Revenue Utility System: Water Revenue Sewer Revenue Water Impact Fees Water R & R Sewer Impact Fees Sewer R & R Stormwater Utility Revenue Gas Revenue Solid Waste Revenue Recycling Revenue 160,000 300,000 140,000 1,323,020 675,000 250,000 470,340 1,065,100 602,930 1,813,060 5,830,000 270,000 50,000 INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue 246,700 700,000 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,107,000 BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Sewer Lease Purchase - Solid Waste Lease Purchase - Recycling Future Bond Issue - Water & Sewer Bond Issue - Stormwater Future Bond Issue - Stormwater 31,830 60,000 160,000 120,000 24,163,820 3,075,000 3,794,800 BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services 3,671,700 217,000 TOTAL ALL FUNDING SOURCES: Ordinance #7675-06 EXHIBIT B - REYISED AT SECOND READING OF ORDINANCE #7675-06 CIP EXPENDITURE SUMMARY BY FUNCTION FY 2006-2007 THROUGH FY 2011-2012 CAPITAL IMPROYEMENT FUND CITY OF CLEARWATER Schedule of Planned CIP Expenditures Function 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 Total Police Protection 400,000 400,000 400,000 400,000 400,000 400,000 2,400,000 Fire Protection 2,924,150 821,470 213,000 1,320,000 1,275,000 991,000 7,544,620 New Street Construction 1 0 1,250,000 0 0 0 Major Street Maintenance 4,722,640 5,372,830 5,839,640 5,974,170 Intersections 423,180 435,000 435,000 435,000 435,000 435,000 2,598,180 Parking 300,000 300,000 300,000 350,000 350,000 250,000 1,850,000 Misc Engineering 35,000 35,000 35,000 35,000 35,000 21 Park Development 14,617,500 1,507,500 1,367,500 967,500 1,01 Marine Facilities 665,000 415,000 265,000 260,000 260,000 260,000 2,125,000 Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000 Libraries 688,630 706,290 724,480 743,210 762,500 782,380 4,407,490 Garage 3,743,400 3,985,500 4,174,800 4,173,600 4,382,300 4,601,400 25,061,000 Maintenance of Buildings 1,005,000 933,000 535,000 1,215,130 534,000 450,000 4,672,130 Gen Pub Bldgs & Equip 100,000 0 0 0 0 0 100,000 Miscellaneous 1,087,000 820,000 1,019,500 520,000 495,000 595,000 4,536,500 Stormwater Utility 7,482,860 5,511,320 4,830,290 8,113,910 10,028,280 10,614,010 46,580,670 Gas System 5,750,000 5,795,000 5,935,000 5,745,000 6,045,000 5,945,000 35,215,000 Solid Waste 430,000 505,000 500,000 660,000 510,000 555,000 3,160,000 Utilities Miscellaneous 26,000 44,000 26,000 26,000 44,000 26,000 192,000 Sewer System 20,517,170 13,627,080 9,033,720 8,032,430 10,773,980 20,503,050 82,487,430 Water System 8,098,870 9,655,660 13,498,020 12,158,790 9,252,930 15,688,310 68,352,580 Recycling 170,000 225,000 230,000 230,000 230,000 240,000 1 ,325,000 g~;f[Qgi~!il 63,564,460 50,295,140 51,635,210 52,764,660 69,668,740 ~p!ilig~p;Q!ilQ Ordinance No. 7675-06 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Urban (RU) Category to the City Residential Urban (RU) Category and Zoning Atlas Amendment from the County R-3, Single-Family Residential District to the City Low Medium Density Residential (LMDR) District for 3012 Tennessee Avenue (Lot 9, Block 4, Bay View City Subdivision in Section 16, Township 29 South and Range 16 East); and Pass Ordinance 7680-06, 7681-06 & 7682-06 on first reading. SUMMARY: This subject property is located at 3012 Tennessee Avenue, on the north side of the street approximately 175 feet west of Meadow Lark Lane. The applicant is requesting this annexation in order to consolidate two lots under a single jurisdiction. The property is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. It is proposed that the abutting Tennessee Avenue right-of-way not currently in the City limits also be annexed. The subject site is approximately 0.147-acres in area and is currently vacant. Currently, there are no development plans. The owner plans to use as open space for his adjacent property. It is proposed that the property be assigned Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the city boundaries and does not create an enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2006-05017) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on August 15, 2006 and unanimously recommended approval. Review Approval: I) Clerk CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: August 15, 2006 ANX2006-050 17 Robert Fortunato 3012 Tennessee Avenue F-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 0.147-acres of property and 0.07-acres of abutting Tennessee Avenue right-of-way to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 6,350 square feet or 0.147 acres (50 feet wide by 127 feet deep) PROPERTY USE: Current Use: Proposed Use: Vacant Lot Vacant Lot PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) (County) Residential Urban (RU) (City) ZONING DISTRICT: Current District: Proposed District: R-3, Single-Family Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board -August 15, 2006 - Case ANX2006-05017 Page 1 SURROUNDING USES: North: Single-family residence South: Single-family residence East: Single-family residence West: Single-family residence ANAL YSIS This annexation involves a 0.147-acre property and 0.07-acres of ROW consisting of one parcel, located on the north side of Tennessee Avenue, approximately 175 feet west of Meadow Lark Lane. The property is contiguous with the existing City boundaries to the south and east; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. It is proposed that the abutting Tennessee Avenue right-of-way not currently within the City limits also be annexed at this time. The applicant is requesting this annexation in order to combine two lots under a single jurisdiction. The property owner has purchased the lot next door and intends to use it as garden/open space to increase his property size. There are no intentions at this time to develop the property. It is proposed that the property be assigned Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater. The property is vacant and the property owners no plans to develop the lot. The closest sanitary sewer line is located in an easement along the south side of the parcel. The applicant has not paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Solid Waste Service is not needed at this time. Police The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station #49 located at 565 Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05017 Page 2 annexation will not adversely affect fire and EMS service and response time. Recommended Conclusions Of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Urban (RU). It is the purpose of the RU category to depict those areas of the County that are now developed, or appropriate to be developed, in an urban low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas. Residential is the primary use in this plan category up to a maximum of seven and one half (7.5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is contiguous to existing city boundaries and within the City's urban service area and will be located in the RU category. The proposed annexation is consistent the City's Comprehensive Plan. Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05017 Page 3 III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned R-3, Single Family Residential District in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 50 feet wide and 6,350 square feet in lot area. Recommended Conclusions of Law The subject property exceeds the City's minimum LMDR dimensional requirements and is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Urban (RU) with a maximum density of 7.5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(a) requires that a proposed annexation be both contiguous to the existing municipal boundaries and compact. This site is contiguous with the existing City boundaries to the south and west and represents a logical and appropriate extension of the existing boundaries. The compactness standard requires that the annexation not create an enclave or a serpentine pattern of municipal boundaries. Recommended Conclusions of Law The annexation of this property is consistent with this standard and no new enclave will be created. In summary, the annexation of this property is consistent with Florida law. Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05017 Page 4 VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 0.147-acres of property and 0.07-acres of abutting Tennessee Avenue right-of-way to the City of Clearwater; (b) Recommend APPROVAL of the Residential Urban (RU) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zomng classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph Proposed Annexation Future Land Use Map Zoning Map Surrounding Uses Map Site Photographs Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05017 Page 5 S.'\Planning Department\C D /J\Annexations\ANX - 2006\4NX2006-05017 3012 Tennessee Avenue- Fortunato\ANX2006-05017 Staff-Report. doc Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05017 Page 6 rrulR -=-- Location Map Owner Robert Fortunato Case: ANX2006-05017 Site: 3012 Tennessee Avenue Property Size (Acres ): R,O,W, Size 0.147 0.07 Land Use Zoning PIN: 16-29-16-05292-004-0090 From: RU (County) R-3 (County) To: RU(City) LMDR (City) Atlas Page: 292A Aerial Photograph Owner Robert Fortunato Case: ANX2006-05017 Property Size 0.147 Site: 3012 Tennessee Avenue (Acres ): 0.07 R,O,W, Size Land Use Zoning PIN: 16-29-16-05292-004-0090 From: RU (County) R-3 (County) To: RU(City) LMDR (City) Atlas Page: 292A 2946 D 400 (C) 40 30 . . .. -:. .... . ~ .... . . 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A ~ .. 12 11 9 8 7 ~1!1 10 I=" \9 9 ~ 7 6 8 0 co ~ @~ f;j g "" 60 f;j 60 ..C') 01(\') f;j ---- ~ ~ ~ Future Land Use Map Owner Robert Fortunato Site: 3012 Tennessee Avenue From Land Use To: RU (County) Case: Property Size (Acres ): R,O,W, Size Zoning RU ~::'~;~'(~;6~ ( INI ) 60 RIOL 23/01 3.39 A c 471(S} ~ 1 2 3 4 5 6 7 8 . ~ 23 21 ~ 22 20 19 18 17 16 05 08 -. .. . . - . I:' ~,::;.:: ii-:':'.;: ;::::.:.:.::':'i (:' ~,::;.:: ~::.:'.:-:':'i;:: :.:.:.:::':'i (:' ~i ":." ...::.:....::......... ....:::-:.' :::.:.-:-::......:.....:::... fj. .:- .:..:i:.:::.: .:.:l~. ...:::.:::'.:::.:.<:.:.::.:...... : . . ..".. . .. .. . . . .... .. - . :}:'.>:: :::':':: :: ':':3:::: :'.:4:.:':":.:5:::.' ::~.:,:"i; 7 23 22 ~) 19 18 54576 CG E) 4.34 Ac (C) ~ f;j ~ f;j ii1 GULF- TO-BA Y BL VD r ANX2006-05017 0.147 0.07 PIN: 16-29-16-05292-004-0090 R-3 (County) RU(City) LMDR (City) Atlas Page: 292A D 400 (C) D Ac(C) T 73353 ~ Rl 1fi Rl 2946 c 40 ~av~ ()) ~ ..... C; ~ 1 Cf) ~ 115 12 11 ~O g 3a ~ 12 9 C\J g ~ 201 ~ KE ~rq9/j<:y.:.1:YftI-: 1 2 '!3- ..... .... ~ }Z ;::':: ':.11.':' 1 0 .'. .. co . -..... 0 g }/iff- :~~:'..-.':.:::: .'... ~ 12 40 8 g 40 41 ~ l3 gg 33 1 2 \' ~ Owner Robert Fortunato .... .. :.%:.: :.:WI)' ;lit:.. .'. :'.;;;.-'::':; ~.: ~:::.;>' i:tt:;;:.';:~: :'.'3::: !'1:?-:i '. ::.1:.'.. . :,:"':24 6 112 lrO roo "I 60 I '--""'" 109 109- 1 "-h,". C"') .:.~:.:::.: g ",.,. 10 2 ~',_:,:,: 4 ~ ~ 987 ~ ~ ~ 201 K~) 3 4 225 10 8 7 227 .' i.::::>tJ4~ VESSEE A 30 309 o g ~ ~ g ~ 456 ;:::~ '<:::::::::' 10 9 11 05 2 ~2!"'t (Ceo ~ ~ g g g ,.. JI ...'" 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C/) :>. ~ E) 4.34 Ac (C) Atlas Page: ~ g ANX2006-05017 0.147 0.07 Mobile Home Park D 400 (C) 2946 40 30 '..- '_..~ '-'~. '_.IIi. ii~ 11I'._..'_ ~~ioI D 1 Ac(C) 73353 ~ Q ~ ~ VIHWNIA AVE "I I 40 ~ ,.. ~ g ,.. '" r-.. Q 60 Q Q 8 ~ ~ 1 '" 109 '" 109 B '---'" ::~:..( ~ '" 60 '" Q '" ~ " 1 2 3/1 5 6 1 2 :.~'. :.:.: 4 IIi 11 ~ 11; ~t'1' t ~ iiitr F ~l~l ~ al 12~ '" 1130 ~ ~ '" '" ~ KEltto/9rr.:.1:m':-::1 5 ;<' i 6 ~ ~ q: :s: LI.I s:: ;<' :>. ~ 201 ::.~:-:' .. '. '. "'.:7ii4 :::..;. .'. :'.::S<:::' 201 K~) 1 2 3 4 5 ::1.1 - ~~~ ~ 10 9 8 7 6 . . . ... . 1 2 ::,1V.": ~':':':' ..:):.:::.;.:.13':: " ~.: :';;:':': .:<.:.:i.::.:'.::*!u. ~"':"'"'' ':}Z;::::: ";:-,~~.';: '1 ;J::'~':':::I:,::'r:: t~t:. 30 :'-.n5 ~ :$:i'::. .... 1 ~ :~'.: :....1....;. :'22.4 227 :::'.:::::':I/.::::.:\t€.^",ESSEE A VE .. . ... ...- Ii.;.:*..:'.:.:::~.:.:. ~::: .:..-: 40 .1'~'~ ~ 30 '1. T30... u~.y 5 6 ~ ~~ n1 ial 110934 A.. ~ 10 9 8 7 40 4 ;:::~ '<:::::::::' 10 9 ~ .... ~ ~ ~ q: ~ ~ .... :s: o Q ~ ~ 401 ;<' 30 12 Q 8 '" 11 <0 ~ 2" 8 Q ,... '" ~ ~ 323 ~ '" ~ Q '" ~ CAROLINA AVE ~ 40 41 ~~ QQ "'''' ~~ ~~~ ~ 3 ~ 5 6 3 A 33 \' ~ ~ 12Q 11 9 8 ~ ~ ~~ I=" ;t) 9 ~ g 8 ~ ~ '" Q 60 Q '" '" '" '" '" ~ ~ 60 ---- Existing Land Uses Map Owner Robert Fortunato Case: Site: 3012 Tennessee Avenue Property Size (Acres ): R,O,W, Size From To: Land Use Zoning :F........::.:~........... ..;0~.(S7 6 ~ ( INI ) 23/01 3.39 A c 471(S} ~ 1 2 3 4 5 6 7 8 ~ 23 21 ~ 22 20 19 18 17 16 05 08 .... .. .... . .. 111111. I I III III' I I ...-..... ..... .'. .':' :......:.,.. ........ .' :.:..:... ~::< :.: :::.:. :::::::: :":"':". :.: : :. :.'-::.:.:::~::.: .'::.:' :::::::: :<,":". :.: : :. :.'-::,:.:':~. : . . . ... . .. .. . . . .... .. - . :}:'.:.::: ::):: :,::: .:.:~:::: :'.:4:.:':":.:5:::.' ::~.:,:"i; 7 23 22 ~) 19 18 54576 .... C/) :>. ~ E) 4.34 Ac (C) ~ ~ ~ Q '" ii1 GULF- TO-BA Y BL VD r ANX2006-05017 0.147 0.07 PIN: 16-29-16-05292-004-0090 RU (County) R-3 (County) RU(City) LMDR (City) Atlas Page: 292A 1. 3012 Tennessee 3. Facing east from 3012 Tennessee 5. Facing west from 3012 Tennessee 2. 3012 Tennessee 4. Facing south from 3012 Tennessee 6. 3012 Tennessee ANX2006-05017 3012 Tennessee Avenue Robert Fortunato ORDINANCE NO. 7680-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 180 FEET WEST OF MEADOW LARK LANE AND 135 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 9, AND A PORTION OF LOT 8, BLOCK 4, BAYVIEW CITY SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF TENNESSEE AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 TENNESSEE AVENUE, 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 (ANX2006-05017) 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 Ordinance No. 7680-06 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 2 Ordinance No. 7680-06 Legal Description - ANX2006-05017 Lot 9, Block 4, Bayview City Subdivision, according to the plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas County, Florida. Also, begin at a point on the westerly line of Lot 8, Block 4, Bayview City Subdivision, according to the plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas County, Florida, said point being 63.5 feet north of the southwest corner of said Lot 8, thence run east a distance of 1-foot; thence run north and parallel to the westerly line of said Lot 8, a distance of 50 feet; thence run west 1-foot to the westerly line of said Lot 8; thence southerly along the westerly line of said Lot 8, a distance of 50 feet to the point of beginning, together with the abutting right of way of Tennessee Avenue. 3 Ordinance No. 7680-06 ORDINANCE NO. 7681-06 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 APPROXIMATELY 180 FEET WEST OF MEADOW LARK LANE AND 135 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 9, AND A PORTION OF LOT 8, BLOCK 4, BAYVIEW CITY SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF TENNESSEE AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 TENNESSEE AVENUE, 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 See attached legal description (ANX2006-05017) Land Use Cateqory 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. 7680-06. 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. 7681 -06 Legal Description - ANX2006-05017 Lot 9, Block 4, Bayview City Subdivision, according to the plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas County, Florida. Also, begin at a point on the westerly line of Lot 8, Block 4, Bayview City Subdivision, according to the plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas County, Florida, said point being 63.5 feet north of the southwest corner of said Lot 8, thence run east a distance of 1-foot; thence run north and parallel to the westerly line of said Lot 8, a distance of 50 feet; thence run west 1-foot to the westerly line of said Lot 8; thence southerly along the westerly line of said Lot 8, a distance of 50 feet to the point of beginning, together with the abutting right of way of Tennessee Avenue. Ordinance No. 7681 -06 ORDINANCE NO. 7682-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 180 FEET WEST OF MEADOW LARK LANE AND 135 FEET EAST OF BAYVIEW AVENUE, CONSISTING OF LOT 9, AND A PORTION OF LOT 8, BLOCK 4, BAYVIEW CITY SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT OF WAY OF TENNESSEE AVENUE, WHOSE POST OFFICE ADDRESS IS 3012 TENNESSEE AVENUE, 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 See attached legal description (ANX2006-05017) Zonina District Low Medium Density Residential 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. 7680-06. 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. 7682-06 Legal Description - ANX2006-05017 Lot 9, Block 4, Bayview City Subdivision, according to the plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas County, Florida. Also, begin at a point on the westerly line of Lot 8, Block 4, Bayview City Subdivision, according to the plat thereof as recorded in Plat Book 9, Page 43, Public Records of Pinellas County, Florida, said point being 63.5 feet north of the southwest corner of said Lot 8, thence run east a distance of 1-foot; thence run north and parallel to the westerly line of said Lot 8, a distance of 50 feet; thence run west 1-foot to the westerly line of said Lot 8; thence southerly along the westerly line of said Lot 8, a distance of 50 feet to the point of beginning, together with the abutting right of way of Tennessee Avenue. Ordinance No. 7682-06 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :':: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Petition for Annexation, Future Land Use Plan Amendment from the County Residential Low (RL) Category to the City Residential Low (RL) Category and Zoning Atlas Amendment from the County AE, Agricultural Estate Residential District to the City Low Medium Density Residential (LMDR) District for 1885 CR 193 (Consisting of Metes and Bounds 41-03, In Section 5, Township 29 South, Range 16 East); and Pass Ordinance 7683-06, 7684-06 & 7685-06 on first reading. SUMMARY: This annexation involves a 2.61-acre property consisting of one parcel, which is located approximately 500 feet south of the intersection of Sunset Point Road and CR 193. The property is located within an enclave and is contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject property is occupied by a single family detached dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: . The proposed annexation will not have an adverse impact on public facilities and their level of service. . The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. . The subject site is located within an enclave, is contiguous to city boundaries and reduces the enclave. This annexation has been reviewed by the Pinellas Planning Council (PPC) County staff in accordance with the provisions of Pinellas County Ordinance No. 00-63, Section 7(1-3), and no objections have been raised. Please refer to the attached report (ANX2006-05019) for the complete staff analysis. The Community Development Board reviewed this proposed annexation at its regularly scheduled meeting on August 15,2006 and unanimously recommended approval. Review Approval: I) Clerk CDB Meeting Date: Case Number: Owner/Applicant: Location: Agenda Item: August 15, 2006 ANX2006-050 19 Cary D. and Donna J. Linkfield 1885 CR 193 Fl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Annexation of 2.61 acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from AE, Agricultural Estate Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). SITE INFORMATION PROPERTY SIZE: 113,920 square feet or 2.61 acres (178 feet wide by 640 feet deep, approximately) PROPERTY USE: Current Use: Proposed Use: Single-family dwelling Subdivision for three detached dwellings PLAN CATEGORY: Current Category: Proposed Category: Residential Low (RL) (County) Residential Low (RL) (City) ZONING DISTRICT: Current District: Proposed District: AE, Agricultural Estate Residential (County) Low Medium Density Residential (LMDR) (City) Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05019 Page 1 SURROUNDING USES: North: Institutional South: Institutional East: Single-family Residential West: Institutional ANAL YSIS The subject property is located on the east side of CR 193, approximately 500 feet south of the intersection of Sunset Point Road and CR 193. The property is located within an enclave and is contiguous to existing City boundaries; therefore, the proposed annexation is consistent with Pinellas County requirements with regard to voluntary annexation. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The subject site is approximately 2.61 acres in area and is occupied by a single family detached dwelling. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). I. IMPACT ON CITY SERVICES: Recommended Findings of Fact Water and Sewer The applicant receives water service from the City of Clearwater. The closest sanitary sewer line is located to the north, about 175 feet. An easement from property owners to the north is needed in order to access the sewer manhole. The applicant is aware of the required sewer impact and assessment fees, as well as the additional costs to extend City sewer service to the property. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property. Police The property is located within Police District III and service will be administered through the district station located at 2851 N. McMullen Booth Road. There are currently 56 patrol officers and seven patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it will be able to serve this property and the proposed annexation will not adversely affect police service and response time. Fire and Emergency Medical Services Fire and emergency medical services will be provided to this property by Station # 49 located at 565 Sky Harbor Drive. The Fire Department will be able to serve this property. The proposed annexation will not adversely affect fire and EMS service and response time. Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05019 Page 2 Recommended Conclusions of Law The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service. II. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F.2] Recommended Findings of Fact The Pinellas County Comprehensive Plan and the Countywide Future Land Use Plan map designate the site as Residential Low (RL). "It is the purpose of the RL category to depict those areas of the County that are now developed, or appropriate to be developed, in a low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the low density, non-intensive qualities and natural resource characteristics of such areas." Residential is the primary use in this plan category up to a maximum of five (5) dwelling units per acre. Secondary uses include Residential Equivalent; Institutional; Transportation/Utility; Public Educational Facility; Ancillary Non-Residential and Recreation/Open Space. The proposed annexation is consistent with and promotes the following objective of the City of Clearwater Comprehensive Plan: 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Recommended Conclusions of Law The property proposed for annexation is located within an enclave within the City's urban service area and will be located in the RL category. The proposed annexation is consistent the City's Comprehensive Plan. III. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS: [Sections 2-1001.1. & 4-604.F.5.] Recommended Findings of Fact The site is currently zoned AE, Agricultural Estate Residential District and is occupied by a detached dwelling in Pinellas County. The applicant proposes to rezone the property to the Low Medium Density Residential (LMDR) District. Under the current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The subject site is 178 feet wide and approximately 113,920 square feet in lot area. The existing residential structure meets the minimum setback requirements for minimum standard development within the Low Medium Density Residential District. Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05019 Page 3 Recommended Conclusions of Law The subject property is occupied by a single-family detached dwelling and exceeds the City's minimum LMDR lot size, width, and setback requirements. It is therefore consistent with the Community Development Code. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN: Recommended Findings of Fact There is no change requested in the Countywide Future Land Use Plan designation for the site, which will remain Residential Low (RL) with a maximum density of 5 dwelling units per acre. Recommended Conclusions of Law No change is proposed for the Future Land Use Plan designation of the property proposed for annexation and the proposed use and density of the property is consistent with the current designation. V. CONSISTENCY WITH PINELLAS COUNTY: Recommended Findings of Fact Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council staff has reviewed this annexation and determined that it complies with all applicable ordinance criteria. Pinellas County Ordinance No. 00-63(1)(b) provides for the voluntary annexation of property that is located within and reduces an enclave on the effective date of the ordinance. The subject site is located within an enclave, is contiguous to city boundaries and reduces the enclave. Recommended Conclusions of Law The property proposed for annexation is located within an enclave and its annexation will reduce such enclave; therefore, the annexation of this property is consistent with Pinellas County Ordinance No. 00-63. VI. CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this site. Staff Report - Community Development Board - August 15, 2006 - Case ANX2006-05019 Page 4 SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The proposed annexation is consistent with both the City's Comprehensive Plan and is consistent with Pinellas County Ordinance No. 00-63 regarding voluntary annexation. Based on the above analysis, the Planning Department recommends the following actions on the request: (a) Recommend APPROVAL of the annexation of 2.61 acres to the City of Clearwater; (b) Recommend APPROVAL of the Residential Low (RL) Future Land Use Plan classification; and (c) Recommend APPROVAL of the Low Medium Density Residential (LMDR) zomng classification pursuant to the City's Community Development Code. Prepared by Planning Department Staff: Michael H. 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"- toto ~~ 1856 16 1850 1851 17 60 80 ~ ~ .:-....::: -: .....-. :.:.:. ..:::: .. .... ... r::;:U(~.:.::,:,,;::::.:.;.:. ~u::::ir.i:;::'ii:::':,:::} ;:::.;;.:. :u:~u::ri:: . , . . ... . . .. . ... . . . . . ..... - ... .. ... . . . . . . /~i,:,i:::::~.:::,:'.:::.:.:.::::.~..::-~.'.::~.:.::.:::'~.'::-:\::::,}:::::,: .... .. -.. . - . .. . . .'.:::." ;" .: ::..ii.:}.::~t:::::.:.:\:::f:~::.:::'::::::\.;:;~:::i:::i .. .. . . . . .. . . . . -.. . . . . .... . .... ... .. . . .. .. . . , . . ~ -. .. .. . . . ... . .. -... . .... Proposed Annexation Map Owner Cary D. and Donna J. Linkfield Site: 1885 CR 193 Land Use Zoning From: RL (County) AE (County) To: RL City) LMDR (City) Case: ANX2006-05019 Property Size (Acres): 2.61 PIN: 05-29-16-00000-410-0300 Atlas Page: 264 B Aerial Map Owner Cary D. and Donna J. Linkfield Case: ANX2006-05019 Site: 1885 CR 193 Property Size (Acres): 2.61 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: RL (County) AE (County) To: RL City) LMDR (City) Atlas Page: 264 B .................. .......-@ . .. .. . .. ..... ... . .... . . .... .... .... . ... . -.. .. . . .. ...... ...... . ... . .. ....... . ..... .. .... .... .. . ... . .... . . .. ... .. - .. . . . . . . .... . - .... . . .... .... . . . .. - . ... .. . .... ..... ... -.. ... . . . . . .. . . . .... .. ........ -...... . . ...... ...... . .... . . . . . . . . . . . .... - .. ........ .. ........ .. .... . .. ...... .. ........ .. ..... . .. ... . . .. . . .. . . .. . .. ... . . .. ..... .... ..... .... ..... .... .... .... . .. .... ..... .... .... .... .. . .. .... . .. .... . . . ... . .. .... . . .... . .. .... . .. .. . . .. - .. ..... ..... . ..... .. ... . III I I I III' I I I 111., I I III' I I I I.' 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LMDR ~.. .- 1886 n 1887 / . . . . . . . . . . . . . . . .. . . ... . . . . . . . . . . . . . . . . . .... . . . . .. . .. .. .. .. . .. . . . .. .. .. ..... .. :'. .... :.::. ..-: .:i;~..:::r~e:~.::.:::.:.:: ;:.::. :.'~, ;u':;':::?"::,;::: :;i'::::,::-:::';:.::: :':,':::;i;:'i(,::::I'):?:::.::';:::-: :;: .,>.i':.: .:.:.': .'.'.::.: ::' " ..';.:' . '.:: :: . . .. , .. .. . ... . . .. .. .. . .. ... .. . .. .. ..... . .. .... . .. .... . . .. .. . .... , "'" " '" '" .....,.:: .. ::,.:: .:::.......:..:.. ':;:"::: ':"::".':":.:" :,:...:'. .:::::.....:..:.. .:;: :: .:::.::....:..:,: :;:~...,~: .. .. ..... ... . ... ... ................. ... ... . . ..n. .. .... ... . ... ... . . . ........ . . ... ... . . . . .. . .... . . .. . .... .. . . .. .... . . . . . . . . , 1880 1881 1874 1875 :; , . . ... . ... . . . . .. . '. '. 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'. ....:" i:.:..::.<-:: ::".:.:: ::>:":'. ;::.-' i:.:..::.::'::: ::".:. :-:<:;":,.':;:i,' i:,:..:..::'::: ::.':, :-:. :::;'.:..:,:;:,..:" i:.:..:,:.: 1857 ~ "- '" '" Rl Rl 1856 . . . . . .. .. . . . . . .. .. .. . .. ... .. . .. .. ..... . .. .... . .. .... . . .. .. . .... .... . . . . . . . . . . . . . . . . . . . . . ... . .. ..... .... . . ... . - .. . .. . ... .. ... . ,. . . . . . .. ... . ... . .. . ... . .. . ... . .. .... . .. . ... ... . ........ .. .. .. . . .... . .. .. .. .. ....... .. .... ...... . .... ... . .... . .... ............ ..... ..... ..... .............. .... ... ................... .... .... .. ... .. .... ... .... ... .... - .... ..-. . .. . .. ........ :.... .. ... .. ...... .. ... .. :... . ......... ......................... ~ :/.,::::.;::::: ;':::i~).::::.::i(:':.i::.:;' \::::~: :::::;}i::',.:H::}(:\.{.:;' \'::::: :::~::;'::i:)':::':::i(':'i:~::::::H:::::::';':::i:)'::::'::i:;:::':'.::::.:;' \::'::.:: i:';}i::':~:}(<'.: ':-i.:.::'-:.::\: C.R. 193 1850 1851 I ()) gj C\J ,. , "'"'" . .. .:..:......::....:........... ::..:.:..:"~::::..:.:.:. ....:..::::::.....:...::.:..:.::. ..... :..:.:.:.:.~.:.:::.:~: .:; :.... ... ........ ...:; :.. . '"'"'- "' <0 Rl . ..... . . . . . . . .. . .... ...... . . .. . ... . . . . . . .. . . . . . " " . ,'", , . ,'", Zoning Map Owner Cary D. and Donna J. Linkfield Case: ANX2006-05019 Site: 1885 CR 193 Property Size (Acres): 2.61 Land Use Zoning PIN: 05-29-16-00000-410-0300 From: RL (County) AE (County) To: RL City) LMDR (City) Atlas Page: 264 B Views looking east View looking southeast View looking north View looking east ANX2006-05019 View looking southeast Cary and Donna Linkfield 1885 CR 193 ORDINANCE NO. 7683-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTY ROAD 193, APPROXIMATELY 500 FEET FROM THE INTERSECTION OF SUNSET POINT ROAD AND COUNTY ROAD 193, CONSISTING OF METES AND BOUNDS 41-03, IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, 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 (ANX2006-05019) 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 Ordinance No. 7683-06 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 2 Ordinance No. 7683-06 Annexation Parcel OS/29/16 Legal description A part of the North V2 of the Northwest % of the Northeast % of the Southeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida, being described as follows: Commencing at the Northwest corner of the Northeast % of the Southeast % of said Section 5; thence South 89041' 18" East, 30.00 feet to the East right-of-way line of County Road No. 193; thence South 00018' 48" West, along the East right-of-way line of said County Road No. 193, 155.47 feet to the Point of Beginning; thence South 89041' 18" East, 640.11 feet; thence South 00018' 45" West, 178.26 feet; thence North 89040' 15" West, 640.11 feet; thence North 00018' 48" East, 178.07 feet to the Point of Beginning. 3 Ordinance No. 7683-06 ORDINANCE NO. 7684-06 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 COUNTY ROAD 193, APPROXIMATELY 500 FEET FROM THE INTERSECTION OF SUNSET POINT ROAD AND COUNTY ROAD 193, CONSISTING OF METES AND BOUNDS 41-03, IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; 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 (ANX2006-05019) Land Use Cateqory Residential Low 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. 7683-06. 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. 7684-06 Annexation Parcel OS/29/16 Legal description A part of the North V2 of the Northwest % of the Northeast % of the Southeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida, being described as follows: Commencing at the Northwest corner of the Northeast % of the Southeast % of said Section 5; thence South 89041' 18" East, 30.00 feet to the East right-of-way line of County Road No. 193; thence South 00018' 48" West, along the East right-of-way line of said County Road No. 193, 155.47 feet to the Point of Beginning; thence South 89041' 18" East, 640.11 feet; thence South 00018' 45" West, 178.26 feet; thence North 89040' 15" West, 640.11 feet; thence North 000 18' 48" East, 178.07 feet to the Point of Beginning. Ordinance No. 7684-06 ORDINANCE NO. 7685-06 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 COUNTY ROAD 193, APPROXIMATELY 500 FEET FROM THE INTERSECTION OF SUNSET POINT ROAD AND COUNTY ROAD 193, CONSISTING OF METES AND BOUNDS 41-03, IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1885 CR 193, 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 See attached legal description (ANX2006-05019) 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. 7683-06. 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. 7685-06 Annexation Parcel OS/29/16 Legal description A part of the North V2 of the Northwest % of the Northeast % of the Southeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida, being described as follows: Commencing at the Northwest corner of the Northeast % of the Southeast % of said Section 5; thence South 89041' 18" East, 30.00 feet to the East right-of-way line of County Road No. 193; thence South 00018' 48" West, along the East right-of-way line of said County Road No. 193, 155.47 feet to the Point of Beginning; thence South 89041' 18" East, 640.11 feet; thence South 00018' 45" West, 178.26 feet; thence North 89040' 15" West, 640.11 feet; thence North 00018' 48" East, 178.07 feet to the Point of Beginning. Ordinance No. 7685-06 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :':: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Future Land Use Plan Amendment from the Commercial General (CG) category to the Residential Urban (RU) category and Zoning Atlas Amendment from the Commercial (C) District to the Medium Density Residential (MDR) District for property located at 1101 Howard Street (Lots 77 -80, Carolina Terrace Annex) and Pass Ordinance 7667 -06 and 7668-06 on first reading. SUMMARY: The subject site is comprised of one parcel of land totaling 0.476 acres located at 1101 Howard Street. It is located on the southeast comer of Martin Luther King Jr. Avenue and Howard Street. The applicant is requesting to amend the Future Land Use Plan Map designation of this site from the Commercial General (CG) category to the Residential Urban (RU) category and to rezone it from the Commercial (C) District to the Medium Density Residential (MDR) District in order to construct four (4) single-family detached dwellings. The Planning Department determined that the proposed future land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. . The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment.Please refer to the attached land use plan amendment and rezoning (LUZ2006-04002) report for the complete staff analysis.In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed these applications at its public hearing on August 15, 2006 and unanimously recommended approval of the application. Review Approval: I) Clerk CDB Date: Case Number: Owner/Applicant: Representative: Address: Agenda Item: August 15, 2006 LUZ2005-04002 Clearwater Neighborhood Housing EJ. Robinson 1101 Howard Street F-3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Commercial General (CG) Classification to the Residential Urban (RU) Classification; and (b) Rezoning from the Commercial (C) District to the Medium Density Residential (MDR) District. SITE INFORMATION PROPERTY SIZE: 20,976 square feet or 0.476 acres (104 feet wide by 200 feet deep) PROPERTY USE: Current Use: Proposed Use: Vacant Lot Four single-family detached dwellings PLAN CATEGORY: Current Category: Proposed Category: Commercial General (CG) Category Residential Urban (RU) Category ZONING DISTRICT: Current District: Proposed District: Commercial (C) District Medium Density Residential (MDR) District EXISTING SURROUNDING USES: North: Belmont Park South: Single-family residential East: Single-family residential West: Offices Staff Report - Community Development Board - August 15, 2006 - Case LUZ2005-04002 Page 1 ANAL YSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves one parcel of land, approximately 0.476 acres in area located on the southeast comer of Martin Luther King Jf. A venue and Howard Street. The site is currently vacant. The site has a FLUP designation of Commercial General (CG) and is within the Commercial (C) District. The applicant is requesting to amend the FLUP designation of the site to the Residential Urban (RU) classification and to rezone it to the Medium Density Residential (MDR) District in which single-family detached dwellings are a permitted use. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Recommended Findings of Fact: Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 16.4 Objective - The City of Clearwater shall continue to provide zoning and land use regulations that allow for the development and redevelopment of affordable housing in stable neighborhoods. 2.1 Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. 2.2.1 Policy - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Recommended Conclusions of Law: The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - August 15, 2006 - Case LUZ2006-04002 Page 2 II. CONSISTENCY WITH COUNTYWIDE PLAN Recommended Findings of Fact: The purpose of the proposed Residential Urban (RU) category, as specified in Section 2.3.3.1.5 of the Countywide Rules, is to designate areas in the County that are now developed, or appropriate to be developed, in an urban low density residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities and natural resource characteristics of such areas. The Residential Urban (RU) category is generally appropriate to locations removed from, but in close proximity to urban activity centers; in areas where use and development characteristics are urban residential in nature; and in areas serving as a transition between more suburban and more urban residential areas. These areas are generally served by and accessed from minor and collector roadways, which connect to the arterial and thoroughfare highway network. This property is in close proximity to other residential uses and recreational areas. Therefore, the proposed use of the property is consistent with the purposes of the Residential Urban (RU) category that permits single-family detached dwellings. Recommended Conclusions of Law: The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan and is consistent with the provisions set forth in the Residential Urban Category. III. COMPA TIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact: A variety of residential uses characterize the immediate area on all sides including a park and recreational open space uses to the north. The proposed FLUP designation and rezoning are in character with the overall FLUP designation in the area and are compatible with surrounding uses. Recommended Conclusions of Law: The proposed plan and zoning atlas amendments are compatible with surrounding properties and the character of the City and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact: The overall subject site is approximately 0.476 acres in area and is presently vacant. The applicant is requesting to amend the FLUP designation of the site to the Residential Urban (RU) classification and to rezone it to the Medium Density Residential (MDR) District. The applicant is proposing to constmct 4 low income single-family homes on the site. The allowable development potential in the Residential Urban (RU) category is 7.5 units per acre. Roadways Staff Report - Community Development Board - August 15, 2006 - Case LUZ2006-04002 Page 3 The accepted methodology for reviewing the transportation impacts of proposed plan amendments is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed FLUP categories and are included in the next table that examines the maximum potential traffic of the future land use plan amendment from the Commercial General (CG) to the Residential Urban (RU) classification. Maximum Daily Added Potential Trips 221.34 33.32 -188.02 Maximum PM Peak Hour Added Potential Trips3 Volume of MLK JR AVE from Belleair Road to Lakeview Road 21.0273 3.1654 -17.8619 7,203 7,424 7,236 -188 LOS of MLK JR AVE from Belleair Road to Lakeview Road D 7,424 7,236 -188 N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of trips per acre per day for the Commercial General (CG) Future Land Use Category. 465 2 = Based on PPC calculations of trips per acre per day for the Residential Urban Future Land Use Category. 3 = Based on MPO K-factor of 0.095 70 0.095 Source: "The Rules" of the Countywide Future Land Use Plan Based on the 2005 Pinellas County Metropolitan Planning Organization (MPO) Level of Service Report, the segment of Martin Luther King J f. A venue from Belleair Road to Lakeview Road has a LOS of D. The proposed FLUP category of Residential Urban (RU) would decrease PM peak hour traffic on this segment of Martin Luther King Jf. Avenue by a total of 17 trips. The traffic generated by this plan amendment is projected to decrease and will not result in the degradation of the existing LOS to the surrounding road network. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - Community Development Board - August 15, 2006 - Case LUZ2006-04002 Page 4 Existing Zoning (C) Retail * 11,536 510 510 60 60 square feet (MDR) 4 38 38 4 4 Single-Family Residential dwelling units *represents development potential under current zoning The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network, as the traffic generation associated with the proposed amendment is a reduction in trips and will generate only 4 PM peak hour trips and will not change the LOS in that section of Martin Luther King Jf. A venue if the site. In addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along Martin Luther King Jf. Avenue. Water The current FLUP category could use up to 1153 gallons per day. Under the proposed FLUP categories, water demand could approach approximately 1000 gallons per day. The proposed future land use plan amendment will not negatively affect the City's current LOS for watef. Wastewater The current FLUP category could produce up to 922 gallons per day. Under the proposed FLUP categories, sewer demand could approach approximately 800 gallons per day. The proposed future land use plan amendment will not negatively affect the City's current LOS for wastewatef. Staff Report - Community Development Board - August 15, 2006 - Case LUZ2006-04002 Page 5 Solid Waste The current Commercial General FLUP category would result in the production of 58 tons of solid waste per year. Under the proposed FLUP category, the proposed housing could generate 10 tons of solid waste per year. The proposed land use and plan amendment will not negatively affect the City's current LOS for solid waste disposal. Recreation and Open Space The proposed future land use plan and zoning designations will permit the development of up to 4 detached dwelling units. Open Space, Recreation Land and Recreation Facility impact fees will be required when the property is developed with residential uses. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Recommended Conclusions of Law: Based on the allowable uses and density of the proposed future land use plan amendment the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network or the operational efficiency of the signalized intersections. Additionally, the amendment and rezoning will not negatively affect the City's current level of service for mass transit, water, wastewater, solid waste, or recreation and open space. Based on the findings above, the proposed FLUP and rezoning does not require nor affect the provision of public services in a negative mannef. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended Findings of Fact: Development upon the site will require site plan approval. At that time, the stormwater management system will be required to meet all City and Southwest Florida Water Management District (SWFWMD) stormwater management criteria. Recommended Conclusions of Law: Water quantity and quality will be controlled in compliance with the Clearwater Comprehensive Plan. As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected adversely. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] Recommended Findings of Fact: The location of the proposed Medium Density Residential (MDR) District boundaries are logical based on the use of this property, and this rezoning will consolidate this site into the appropriate zoning district. It will blend into the existing Medium Density Residential (MDR) District to the south. Recommended Conclusions of Law: The district boundaries are appropriately drawn in regard to location and classifications of streets and ownership lines. Staff Report - Community Development Board - August 15, 2006 - Case LUZ2005-04002 Page 4 VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-701.1 & 4-602.F.1. and .2.] Recommended Findings of Fact: The existing future land use plan category and zoning district permit a floor area ratio of 0.55 and an impervious surface ratio (ISR) of 0.95. The proposed Residential Urban (RU) land use category and Medium Density Residential (MDR) district permits a floor area ratio of 0.40 and an ISR of 0.65. Under the proposed Medium Density Residential (MDR) zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. The size of the subject site is 20,976 square feet in area and is 104 feet in width. Recommended Conclusions of Law: The proposed use of this property as residential is consistent with the uses allowed as part of a Level One Minimum Standard Development use in the Medium Density Residential (MDR) zoning district. The subject property exceeds the City's minimum Medium Density Residential (MDR) District's dimensional requirements and is therefore consistent with the Community Development Code. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATIONS An amendment of the FLUP from the Commercial General (CG) category to the Residential Urban (RU) category and a rezoning from the Commercial (C) District to the Medium Density Residential (MDR) District for the subject site is requested. This 0.476-acre site exceeds the minimum requirements for the Medium Density Residential District and the proposed future land use plan amendment and rezoning is compatible with the existing neighborhood, which consists of single-family residential dwellings to the south and west, office uses to the east, and open- space/recreational uses to the north. The proposed changes are in conformance with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - August 15, 2006 - Case LUZ2006-04002 Page 5 The Planning Department recommends the following actions on the request based on the recommended findings of fact and recommended conclusions of law: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Commercial General (CG) Classification to the Residential Urban (RU) Classification; and b) Recommend APPROVAL of the rezoning from the Commercial (C) District to the Medium Density Residential (MDR) District. Prepared by Planning Department staff: Cky Ready, Planner II Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning Department\C D B\Land Use Amendments\LUZ 2006\LUZ2006-04002, 1101 Howard Street\LUZ2005-04002 Staff Report with embedded spreadsheet. doc Staff Report - Community Development Board - August 15, 2006 - Case LUZ2006-04002 Page 6 . . . . . . . . . . . ... .. ......... .. .... ... .. .. ...... .. . .... ..... .. ......... .. .... ..... . ... . ..... . .... ..... .. .... ..... .. ... ... . .... .. ....... .... ... .... ... ... .. ....... .... ... .... ... ... ... ... ... . . . . ... ....... . ....... ..... ..... ...... .. ......... . ...... ...... . ....... ..... .. .......... . ............ . ...... ...... . ....... ..... .. ....... . ..... ... ........ ...... ... ...... ... . ..... ... ........ . ..... ... ...... ... . ..... ... .... ... ... ... ... ........-.. ... ... .. ... ........... ... ... ..... ...... . ... ..... ..... .. ...... ...... .... ...... ..... .... ..... .. ...... .. ... .... ...... ..... ..... ..... ... ..... . . . . .... . .. .... . .. ..... .... . .. .... . .. .... . .. .... . .. .... . .. .... . .. .... . .. . ... .. . .. ... .... ... .. .... ... ... .... . ....... .. .... .... ... .. .... .... . .. .... ... ... .... . ....... .. .... .... ... .. .... .... . . .... .... ... .. .. . ... .... . . ... ... ............. ... ...... ...... ...... ...... ...... ...... ... .. ...... ...... .... . .. .... ..... ..... .... .......... ..... . . . ..... ..... ..... .... .......... ..... . . . ..... ..... ..... .... .. . ... .. .. ... .. .. .. .. .. .. . . ... .. .. ... .. .. ... .. .. ... . .. ... Location Map Owner Clearwater Neighborhood Housing Case: LUZ2006-04002 Site: 1101 Howard Street Property Size (Acres): .476 Land Use Zoning PIN: 22-29-15-13680-000-0770 From: CG C To: RU MDR Atlas Page: 314A Aerial Photograph Owner Clearwater Neighborhood Housing Case: LUZ2006-04002 Site: 1101 Howard Street Property Size (Acres): .476 Land Use Zoning PIN: 22-29-15-13680-000-0770 From: CG C To: RU MDR Atlas Page: 314A 151 1511 151, 1515 , 151 151 . 1519 1520 152 I/".......N\ Dlr ~ I\\. L )} 152 . . 'u I} r--== UII 1527 1528 15 1535 I I 153 1539 153 1540 154 1543 1550 1549 1 1551 HOWARD ST 841 1555 155 9U& 1561 t1 - :fJ! I'" f:! 116 L::'j I .::.I! ';':1 15~ ..!~I 156 ~ JJ 156 ~ 156 '0::( .... (.) 1572 L.IJ Q. C/) 15760 IX: 158G Q. C/) 1562 1565 1567 1566 - 1570 1571 (( " " 1575 ~ 1574 1581 1578 1585 158, I I I I~u I ,<;,rI 44424 ~ 1 1 ;: . 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L ~ . ~ I i "" t1 ~ i ~d :ii Y /o/q I 15171 1520 i 1 1520 1 1519 iQ1 I ,piP' !RU, I 1522 1529 1534 1530 1531 1538 ~ ~ fi\ C\J ~ ~ 0 ~ ~ ;: 1 12 ~ ~I ;": ~L i i ~ ~i ~ HOWARD ST '0::( <: ~ I f !~ ;: I ~ F I 1 I I I ~ 1 1559 1561 C/) 1568 ~ 11563 'I RUl '0::( 157 <: 1567 1566 E 1569 157 ~ 11573 I 157 1 ~ ~ 157/ 1575 ~4 C/) 157 ~ 1579 157 1584 C/) 1583 158 159 1587 158 1589 1559 1561 1563 1567 1569 1 ;!;fU 1575 1579 1585 1587 1589 o ~ Future Land Use Map Owner Clearwater Neighborhood Housing ~ "" ~ ~ 16011~ ~ I i 60 Site: 1101 Howard Street From: To: ~ I~ BELLEAIR RD il~~~m~%'~j;"llil~rr:'="~I';';~J"~~1~1,1~f,~]~li'j I~ i.:::\: ::,'::',=:,;::: ~ ~;;:::::::';:;': :/:{: ::,':::=:;.'::::.: :.:..::/::,::.::.ii: ::.:j I ::-:=1::.:'.: :"'<':'::'. .::.>::.: ::.::.: ::::. :.'::\::'.: ::.:: .::'::':\:.'i: ::":. ::::: ::\:=":::;.: :::::/:i:.:: :';:. :::::.::: .:,:':-;::;. ::': :::::: :::,,::::, :-.:;.::::'::11 Zoning C MDR Case: Property Size (Acres): PIN: Atlas Page: "' ~ 0715 LUZ2006-04002 .476 22-29-15-13680-000-0770 314A ~ I 1517 Fr " 1523 \\ L )) 1535 1537 "" '" 1 &l ro (J) o g] .,.......,.. ): mmm:1 h '.' .......{....: i :.:..: ..<......::.:: ::.. .". ......:: .... . . . 151 I I 15161 1520 I 1524 1540 1550 841 1588 ~ ~ 40 153 1511 1512 1515 1518 1519 1522 ..r~ \\. u Vi 1527 1528 1535 ~ -~ - 153 15~.. ., 153, 1542 1503 2293r 909 1504 I I bll ~I I 'I I '~III ~ 1535 :::: I 1538 Edlll t=d~ I ~sli 1 ~'J- ~~ II I~:;;: 1562 ~ 1566 '" ::<In ~ ~ ~ ~ I I - 1<;nR :ii . ~6", ; 1513 ,N .J I 1517 I 1543 1549 1551 HOWARD ST 1555 155 1561 156 1591 44424 22932 OS/R ~ I 1<: q: 1570 j:: ~ 1574 a: <: 11'"'\\ ~ ~~ 0;::: LIJ 1576 CI) 1573 1575 158 1583 1587 I I @ ~ ~ 140 11'~' II 115( ~ I I", ~ =- :ii ~ ~ 1 ,,:;~ II If~5 13680 ! I !1555 III ,::1 r~: I I 1569 1572 1571 1573 1574 1575 1580 L 1579 1584 1585 . 1586 ( 1587 ~ 1589 I I I 159216 I ~ 1<;1? 1514 519 1520 1516 I I 1519 ~o W 1521 1528 Zoning Map Owner Clearwater Neighborhood Housing 1522 Ir- JI r- t\'b '.L '- 1530 1531 "II~ O~I~ HOWARD ST ~ I I I "" ~ ~ 1568 ~ q: 1571 ~ 1572 t; 1576 ~ :x: CI) 1578 ~ 1584 CI) 1590 '" ~ ~ I 1534 1538 ~I ~ ~ 13 I I::: I J I 1<;r;q I I 1573 1572 ~ ~4 I~ :! Site: 1101 Howard Street From: To: ~ 1575 1579 1576 1583 158 1587 1589 1586 113 60 ~ I~ "" :! ...., , ~"'n n ~)ty I., o~~"~T~@~ii10~~rll~::::ij~hij"j~[:%~I'f0i~J:~~:':'0!.Fj:"r::i:::l-::~\~:":t!tT~,j i~ H~I'-.-"" .. T..}... .. ):....Ji C Iii.. ......f" ..... ... ... ... - ... ....JiilJ .:.> ,':.. :'::::.'::f;::.:J> i:..: :<::.':.-:1:;(:.:': I ~:l:-:'.:::::.': ::.:::.:."; : ":":'.:::: '.'::::.;::.:> i:..:.... : :::.; ':.:':: ': i':'.:::::.':: :.;(:.:- II Land Use CG RU Zoning C MDR Case: Property Size (Acres): PIN: Atlas Page: LUZ2006-04002 .476 22-29-15-13680-000-0770 314A 4 5 6 7 R 9 10 11 12 Iff" ~ 13 I\.\. l 71,4 ~ 15 16 17 1R 4 5 156 6 7 8 9 10 Ii ~11157 " ~J'2 13 157 14 15 16 17 18 158 19 20 21 ""~~"! ~::;~:.:.::.., I '" I Ie::':...., 2 4'63 151 151 152l 152 15 2 19 20 21 1540 22 23 24 25 26 1550 1 2 o 841 3 49 4 48 5 1511 47 6 46 7 151545 8 44 9 151943 10 4? 11 41 12 40 1/ R\ 13 39 \\UVJ 14 1527~R 15 '" 151 1li1 152 152 153 153 3 A1504 5 6 71&;1 8 9 10151 11 13520 ~ ~ I 1 I} 534 19 20153 21153 1503 2293 I I 1535 85 lllnJPn r '1l'l' 78 77 75 Owner Clearwater Neighborhood Housing 15 6 15/ dJJ - 15 so::{, (.) L.IJ Q. C/) o IX: 158/ Q. C/) 22 ~ 23 37 36 153535 34 1539 33 32 31 1543 30 29 1549 28 155127 17 18 19 20 21 22 23 24 25 26 HOWARD ST 46 1555.5 154 ..... "'~ I """" "'''' "'''' 44424 (1) 4 3 f-- 9 1linR IV 11 1&;1~ :ii ..". ..". o 0> I 152f/; 1559 10 I 1563 9 1567 1liF;q8 1573 7 i 15834 150~2 )f}^. 15217 12 11 1575 6 1579 5 15873 1589 1V~~ ~ HJ 13 --:- 1512 / 151~ 15 5 1516 22932 _' I 3", .- I 5H ~ ~ 122 21 I 152';, 7 ~ ,.. :ii 151 20 19 I 15201 22 18 19 15221 1517 6~0 7W 52 60 20 1530 151g 8 1528 I 9 1534 153' 10 1538 ~ ,.. ~ I 1~'3 ~~I ",,12 ,.. ,..,.. I'" ,.. I I'" ,.. ~I ~ HOWARD ST Existing Surrounding Uses Map Site: 1101 Howard Street Land Use From: To: -~I 0" 15293 ,,,~~ I~~ 2 I"'''' I"'''' 13680 59 156!? 51 50 29 28 ,.. ,.. ,.. ,.. .., ~~55 . ~ ~I; V .,,-,I~ _~ _11 -7-. I;!: Case: Property Size (Acres): Atlas Page: 30 156/ ~ 31 0::{, 157 <: 32 0 157 I- I~ I 34 157 5: I 00 un ~ I 36 158 C/) 33 37 159 39 38 I ~ ~ I ,.. ,.. ,...,... 60 1 2 3 I 4 I 157 I:G1 I 8 157~ i 9 158~ 10 158 - - '- ~ I '- ~ ~' ~I ,.. "'1 ,.. "'1 .... 1 ~ I~ 0::{, [ <: o ~ ~ ~ C/) 56 55 I I 156 1566 ~ t I 11~2 ~ 1'~'2 ~" II ~ ,... ,... ,... ,... 60 t ~ i:=:ir~::;10::g::'Rg;!~r7&i+t~~1-\:;j?TI-!7:~:~:J?r"7"::~::~~:j.,(T~}T::7?j:~';::;T7r~j}~", Xli~T'13\ . .... ..gl..... .... ,.. .... ,:":.:t.. .'. ....... . ~.:-l..... '. ..;.;t. .. ..>0-.. .~...,.. ::.~::~t.::;':'::: :=./.:.; ::.:.:':ifl.:::':':: :: :./:.;:':,:,: 1601 ,.. ':::'::'.::.'fd~~@;.:':.: <::::":::'::'.::; .::: : ::..::.:l.:....>::..).: .:';'.': :: \t.;:.. ....>.:: ':::.':'.::. ::..:::.;.::.:. ,.. CG RU Zoning C MDR 58 57 60 155949 1561 I 156~8 61 1570 1567 1569 157~6 11573 157 ! 1575 63 Inl 45 . s: y 44 158< 0::{, !I 1585 65 '0::( 43 66 158 ~ 1587,,2 $2 1589 j.; 67 I 159~ 60 157 62 68 I 41 40 I~ ~ ,.. ,.. ,.. ,.. LUZ2006-04002 .476 I:R ~2 PIN: 22-29-15-13680-000-0770 314A 1. 1101 Howard Street 3. 1101 Howard Street 5, Facing south down Martin Luther King Jf. 2. 1101 Howard Street 4. Facing west from 1101 Howard Street 6. Facing north up Martin Luther King Jf. L UZ2006-04002 1101 Howard Street Clearwater Neighborhood Housing 7. Facing west down Howard Street 8. Facing North from Howard Street 9. Facing east up Howard Street L UZ2006-04002 1101 Howard Street Clearwater Neighborhood Housing ORDINANCE NO. 7667-06 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 AT THE SOUTHEAST CORNER OF SOUTH MARTIN LUTHER KING JR. AVENUE AND HOWARD STREET, CONSISTING OF LOTS 77, 78, 79 AND 80, CAROLINA TERRACE ANNEX, WHOSE POST OFFICE ADDRESS IS 1101 HOWARD STREET, FROM COMMERCIAL GENERAL TO 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 as follows: Property Land Use Cateqory Lots 77, 78, 79 and 80, Carolina Terrace Annex according to the map or plat thereof as recorded in Plat Book 12, Page 30, Public Records of Pinellas County, Florida, (LUZ2006-04002) From: Commercial General To: 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, 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 Ordinance No. 7667-06 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 2 Ordinance No. 7667-06 ORDINANCE NO. 7668-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTH MARTIN LUTHER KING JR. AVENUE AND HOWARD STREET, CONSISTING OF LOTS 77, 78, 79 AND 80, CAROLINA TERRACE ANNEX, WHOSE POST OFFICE ADDRESS IS 1101 HOWARD STREET FROM COMMERCIAL 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, 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 77, 78, 79 and 80, Carolina Terrace Annex according to the map or plat thereof as recorded in Plat Book 12, Page 30, Public Records of Pinellas County, Florida, (LUZ2006-04002) Zoninq District From: Commercial 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 7667-06 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. 7668-06 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7654-06 on second reading, amending the Code of Ordinances to establish the construction project delivery method referred to as "Design-Build" and the procedure to be followed in selecting firms to provide design-build services and negotiating design-build contracts; amending Section 2.541, Code of Ordinances to add definitions, and creating a new Section 2.601 to outline procedures for awarding design-build contracts. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7654-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ESTABLISH THE CONSTRUCTION PROJECT DELIVERY METHOD REFERRED TO AS "DESIGN-BUILD" AND THE PROCEDURE TO BE FOLLOWED IN SELECTING FIRMS TO PROVIDE DESIGN- BUILD SERVICES AND NEGOTIATING DESIGN-BUILD CONTRACTS; AMENDING SECTION 2.541 TO ADD DEFINITIONS AND CREATING A NEW SECTION 2.601 TO OUTLINE PROCEDURES FOR AWARDING DESIGN-BUILD CONTRACTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to have the option of utilizing, when applicable, the construction project delivery method hereinafter defined and referred to as "design-build"; WHEREAS, procedures are set forth herein to be followed in selecting firms to provide design-build services and in negotiating design-build contracts; and WHEREAS, the City herein fully complies with section 287.055, Florida Statutes and the authority therein granted the City to adopt an ordinance for the award of design-build contracts; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Division 3, Purchasing, Subdivision I, Generally, Section 2.541 Definitions of the City of Clearwater Code of Ordinances is hereby amended to add the following definitions: Design-build means a construction project delivery method or approach involving a single contract for both the design and construction of a project. Upon approval of Council, the award of a single design-build contract may, in addition to the design and construction of the project, include the financing, operation and/or maintenance of the project over the contractually defined period of time. Design-build contract means a single contract with a design-build firm for, at a minimum, the design and construction of a public construction project. Design-build firm means a partnership, corporation, or other legal entity which: (1) Is certified under section 489.119, Florida Statutes, to engage in contracting through a certified or registered building contractor as the qualifying agent; and Ordinance No. 7654-06 (2) Is certified under section 471.023, Florida Statutes, to practice engineering; certified under section 481.219, Florida Statutes, to practice or to offer to practice architecture; or certified under section 481.319, Florida Statutes, to practice or to offer to practice landscape architecture. Design criteria package or the design requirements shall mean concise, performance-oriented drawings or specifications of the public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or response to a request for proposal, or to permit the City to enter into a negotiated design-build contract. The design criteria package shall specify such performance-based criteria for the public construction project, including, but not limited to, the legal description of the site; survey information concerning the site; interior space requirements; material quality standards; schematic layouts and features, functions, characteristics and other conceptual design criteria of the project; cost and budget estimates for design, construction and, if applicable, operation and maintenance; anticipated schedule(s) of design and construction components, including durations and start and completion dates; site development requirements; provisions for utilities; storm water retention and disposal; and parking requirements as may be applicable to the project. Design criteria professional means an individual or firm who holds a current certificate of registration under F.S. Ch. 481, to practice architecture or landscape architecture or a firm who holds a current certificate as a registered engineer under F.S. Ch. 471, to practice engineering and who is employed by or under contract to the City for the providing of professional architect services, landscape architect services, or engineering services in connection with the preparation of the design criteria package. Section 2. Division 3, Purchasing, Section 2.601 of the City of Clearwater Code of Ordinances, "Award of Design-Build Contracts," is hereby included as follows: (1) Purpose. This ordinance establishes uniform rules for the procurement and administration of design-build contracts for construction projects as contemplated by Section 287.055, Florida Statutes. (2) Selection of the Design Criteria Professional. The design criteria professional shall be selected and contracted in accordance with the requirements of Section 287.055(4) and (5), Florida Statutes, unless he or she is an employee of the City. The design criteria professional that prepares the design criteria package will not be eligible to render services under the design-build contract. (3) Design Criteria Package Requirements. A design criteria package shall be prepared for the City by the Design Criteria Professional. It shall specify performance criteria for the project including, but not limited to, size, net 2 Ordinance No. 7654-06 interior space provisions, location, material quality standards, cost, construction schedule, site development requirements, landscaping, grading, utility provisions for water, power, telephone, storm water disposal and parking provisions. The purpose of the package is to furnish sufficient information upon which firms may prepare bid proposals or upon which negotiations may be based. The firm to whom the design-build contract is awarded will be responsible for creation of the project design based on the criteria in the design criteria package. (4) Minimum Qualification Requirements for Firms Providing Design-Build Services. Firms must be qualified pursuant to rules of qualification for bid submittals found in Division 3, Purchasing, of the Code of Ordinances. (5) Public Announcement Procedures. The City shall publicly request, in a newspaper of general circulation and by posting notice at its offices, competitive proposals from design-build firms. The request shall provide a general description of the project and define procedures on how interested qualified firms may apply for consideration. (6) Certification and Competitive Selection. (a) The City shall determine the relative ability of each firm to perform the services required for each project. Determination of ability shall be based on staff training and experience, firm experience, location, volume of past contracts with the agency, financial capacity, past performance, and current and projected workloads. In making its determination the City shall interview no less than three firms to determine the firms' ability to provide services and commitment to meet time and budget requirements. (b) The City shall select no less than three nor more than six firms deemed to be most highly qualified to perform the required services, after considering the factors in (1) above. Each of these firms will be eligible for consideration in accordance with subsections (g) or (h), infra. (c) The City may determine that it is in the best interest of the City to negotiate instead of inviting competitive proposals when: i. The project is one with standard requirements such as an office building or a storage warehouse; or II. The project requires special expertise; or iii. There is a need to complete the project on an accelerated schedule. (d) When the City determines in writing that an emergency exists, a firm shall be selected by competitive negotiation under subsection (h), infra. (7) Competitive Proposals for Design-Build Services. 3 Ordinance No. 7654-06 (a) Unless negotiation is authorized, proposals will be received from those qualified firms determined eligible under subsection (f), supra. Proposals shall include proposed price and a conceptual design in response to the design criteria package. The City shall establish a relative weighing factor, that is, a maximum permissible score in the form of a percentage, for each proposed building system component of the design criteria package. The weighing factors shall total 1 00%. The City shall review the conceptual design proposed by each firm and give each component a score somewhere between zero and the maximum permissible score (the weighing factor) for the component. (b) The City will then total the score given for each proposed component and divide that score into the price proposed. The quotient will be the adjusted price. The low qualified proposer will then be that proposer whose adjusted price is lowest. The City shall approve an award to the firm with the lowest adjusted price and enter into a contract for the proposed price if the price is within the project budget. (8) Competitive Negotiation for Design-Build Services. (a) If negotiation is authorized, the City shall select no less than three firms in order of preference from those deemed to be most qualified to perform the required services under subsection (e), supra. In making its determination the City shall interview no less than three firms to determine their relative ability to meet time and budget requirements and to identify and establish the relative merits of each firm's approach to managing and scheduling the project. The City will then attempt to negotiate a contract with the most qualified firm. (b) When authorized, the City shall negotiate and enter into a contract for design-build services for the project with the firm authorized at compensation determined to be fair, competitive and reasonable. In making the determination, the City shall analyze the cost of the design- build services required, giving full consideration to the scope and complexity of the project. The compensation shall be on a guaranteed maximum price basis for all costs, which shall include reimbursable costs plus fixed lump sum fees for design, project management, overhead and profit. (c) Should the City be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price the City determines to be fair, competitive and reasonable, negotiations with that firm shall be formally terminated. The City shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the City shall then undertake negotiations with the third most qualified firm. 4 Ordinance No. 7654-06 (d) Should the City be unable to negotiate a satisfactory contract with any of the selected firms, additional firms shall be selected in accordance with the provisions of this section. Negotiations shall continue in accordance with this section until an agreement is reached. (e) The award of a negotiated contract shall be approved by the City. (9) Public Emergency Exception. In the case of public emergencies, the City may declare an emergency and authorize negotiations with the best-qualified design-build firm available at that time. An emergency is a set of circumstances caused by a sudden unexpected turn of events (e.g., acts of God, riot, fires, floods, accidents or any circumstances or cause beyond the control of the City in the normal conduct of its business) where the delay incident to publication of the announcement and competitive proposals would result in an immediate danger to the public health, safety or welfare or other substantial loss to the City. 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: Carlos F. Colon Assistant City Attorney Cynthia E. Goudeau City Clerk 5 Ordinance No. 7654-06 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 7686-06 on second reading, amending Chapter 29 of the Code of Ordinances to increase the additional homestead exemption for persons 65 and older from $10,000 to $25,000. SUMMARY: Review Approval: 1) Clerk ORDINANCE NO. 7686-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 29 OF THE CLEARWATER CODE OF ORDINANCES TO INCLUDE ,A. NEVV ARTICLE ENTITLED "ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER" ; PROVIDING FOR AN /\DDITION^L $10,000 HOMESTE^D EXEMPTION FOR QUALIFIED SENIOR CITIZENS; PROVIDING TERMS AND CONDITIONS OF ENTITLEMENT; PROVIDING FOR SEVERABILITY AND REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ON November 3, 1998 an amendment to the Florida Constitution was approved providing for an additional homestead exemption to certain qualifying senior citizens; and WHEREAS, the City Council desires to implemented the additional homestead exemption for qualifying senior citizens in accordance with the provisions of Section 196.075 of Florida State Statutes and WHEREAS, the City Council desires the provide this additional tax relief to its senior citizens and has determined that the adoption of this ordinance serves to protect the health, safety and welfare of the general public; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 29 of the Code of Ordinances, Article V., Section 29.93(a) is amended to read as follows: Sec. 29.93 Additional homestead exemption; eligibility; application. (a) Any person 65 years of age or older who has the legal or equitable title to real estate located within the City and who maintains thereon his or her permanent residence, which residence qualifies for and receives homestead exemption pursuant to Section 196.031, Florida Statutes, and whose household income does not exceed $20,000.00 or such amount as is adjusted pursuant to Section 29.94 herein, may apply for an additional homestead exemption of $10,000.00 as provided in this article. Section 2. The City Clerk, shall prior to December 1, ~, provide a copy of this Ordinance to the Pinellas County Property Appraiser; and, in the event this Section of Ordinance No. 7686-06 the Code of Ordinances is subsequently repealed or amended, notification of such repeal or amendment shall be provided to the Pinellas County Property Appraiser no later than December 1 st of the year prior to the year in which the homestead exemption provided herein expires or is modified. Section 3. In the event that any portion of this Ordinance is, for any reason, held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. Further, in the event this Ordinance or any provision hereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other persons, property, or circu mstance. Section 4. That all ordinances or parts thereof that are in conflict with this Ordinance be and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon final passage and adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 7686-06 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2006-2007 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. SUMMARY: In Fiscal Year 1999-00, the City of Clearwater entered into an agreement with the Clearwater Regional Chamber of Commerce (CRCC) to provide specific tourism services on behalf of the City. Fiscal Year 2006-07 would be the eighth year of this partnership and the City is satisfied with the arrangement. The CRCC will continue to provide visitor information services for the City at the Chamber's business location(s), including preparing and distributing the official Visitor's Guide; maintaining an adequate supply at State Welcome Centers on 1-75 and 1-95 and on Clearwater Beach and at travel trade promotional events; advertising placement in local, national and international trade publications; maintaining a toll-free consumer telephone service; operation of the tourism web site and other public relations activities. Reports of these activities are submitted to the City Manager and the department on a quarterly basis. In this fiscal year, the CRCC will have distributed approximately 94,000 Visitor's Guides by mail to consumers throughout the world, at state and local welcome centers and at national and international industry trade shows. The Chamber, on behalf of the City, participates in cooperative advertising campaigns with Visit Florida, the official tourism-marketing agency of the State of Florida, and the St. Petersburg/Clearwater area Convention and Visitor's Bureau. The Chamber has established its public relations efforts in drafting a communication plan for use during Clearwater's public and private construction projects, most specifically Beach Walk, including a long-range task force steering committee - Clearwater 2010; the www.billiondollarbeach.com web site and the e-newsletter "Footprints" , which is sent-out seasonally to thousands of consumers and travel industry writers. $190,000 has been budgeted in the FY 2006-07 Economic Development and Housing Department operating budget (contractual services) to fund this agreement. Attached is the Chamber's proposed FY 2006-07 operating budget. The term of the FY 2006-07 agreement is one year. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other Yes Budget Adjustment: None Annual Operating Cost: Total Cost: 190,000 2006 to 2007 Appropriation Code 0010-09216-530300-552-000- 0000 Review Approval: 1) Clerk Amount 190,000 Appropriation Comment AGREEMENT This Agreement is made and entered into this day of September 2006 between the City of Clearwater, hereinafter referred to as the City, and Clearwater Regional Chamber of Commerce, hereinafter referred to as the Agency. WHEREAS, the City desires to provide visitor information services for the City of Clearwater; and WHEREAS, the Agency has established programs that provide visitor information services for the City of Clearwater; and NOW, THEREFORE, the parties agree as follows: ARTICLE I. TERM The term of this agreement shall be for a period of twelve (12) months commencing as of October 1, 2006, and continuing through September 30, 2007, (the Termination Date) unless earlier terminated under the terms of this agreement. This Agreement can be extended by the mutual written agreement of both parties. ARTICLE II. RESPONSIBILITIES OF THE AGENCY 1. Services to be Provided: The Agency shall provide at a minimum the services described in Exhibit "A." 2. Area to be Served: Services rendered through this agreement shall be for the area located within the limits of the City of Clearwater, Florida. 3. Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation. 4. Scheduled Reports of Agency Activities: The Agency shall furnish the City Manager with a quarterly report of activities conducted under the provisions of this agreement. Each report is to identify the number of clients served, the costs of such service, and commentary on the viability, effectiveness, and trends affecting the visitor program. The City may request additional reports if desired to monitor annual objectives set by the Agency. 5. Use and Disposition of Funds Received: Funds received by the Agency from the City shall be used to pay for the above services as further described in the proposal submitted by the Agency to the City. (Exhibit "A") Funds existing and not used for this purpose at the end of this agreement term shall be deemed excess to the intended purpose and shall be returned to the City. 6. Creation, Use, and Maintenance of Financial Records: a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency pertaining to this agreement. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives. b) Use of Records: Agency shall produce such reports and audits as required by the City to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than one (1) year. 7. Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, martial status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider. 8. Liability and Indemnification: The Agency shall act as an independent contractor in the performance of this agreement. The Agency agrees to assume the risks of providing the services as provided for in this agreement. Each party to this agreement agrees to be fully responsible for its own real and personal property, and for its negligence, and the negligence of its employees, volunteers, and agents. 9. Insurance: Neither party to this agreement shall be responsible for providing any insurance coverage to the other party. Each party shall purchase and provide insurance coverage as it deems necessary to perform its contractual obligations under this agreement. Each party shall be responsible for defending a claim made against it by a third party. Should a claim be asserted against a party to this agreement, that party will be responsible for its own defense of the claim and it will notify the other party so the other party can take the action it deems necessary to protect its interests. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Funds. The City, for the 2006/2007 budget year, agrees to provide $190,000.00 to the Agency to assist in funding Agency activities and expenses as identified in Exhibit "A". 2. Payments: The total amount of this agreement will be paid by the City to the Agency on a quarterly basis. 2 ARTICLE IV. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City shall constitute cause for termination. This agreement may by terminated with 10 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate for any municipal purpose by giving 30 days written notice to Agency 3. Disposition of Fund Monies: In the event of termination for any reason, monies made available to the Agency but not expended in accordance with this agreement shall be returned to the City. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to City Manager, City of Clearwater, P. O. Box 4748, Clearwater, Florida 33758-4748 2. If to Agency, addressed to, Elizabeth Coleman, President/CEO, Clearwater Regional Chamber of Commerce, 1130 Cleveland Street, Clearwater, Florida 33755. 3 IN WITNESS WHEREOF, the parties have executed this agreement as of the date and year first written above. CLEARWATER REGIONAL CHAMBER OF COMMERCE (Agency) CITY OF CLEARWATER, FLORIDA (City) By: By: Elizabeth Coleman President/CEO William B. Horne II City Manager ATTEST: Print Name: Secretary Cynthia E. Goudeau City Clerk Countersigned: Frank V. Hibbard Mayor Approved as to form: Carlos F. Colon Assistant City Attorney 4 Exhibit A . The Agency will oversee Visitor Guide fulfillment. All requests received from various sources will be sent directly to the mailing house, Thomas Packaging and Fulfillment. The mailing house will prepare a monthly report indicating the number of leads by source, number of pieces mailed, postage amounts, etc. The report will be forwarded to the Clearwater Beach Chamber, along with the listing of prospects received from all non-chamber sources. . The Agency will contract for and maintain the inventory of visitor's guides at the 1-75 and 1-95 State Welcome Centers. . The Agency will place destination advertising in the St. Petersburg/Clearwater Area Convention and Visitors Bureau (CVB) and Visit Florida Visitors Guides. Other advertising and promotion will be considered by the Tourism Marketing Committee and could include consumer advertising and advertising through the State of Florida's web site, www.flausa.com. the St. Petersburg/Clearwater Area CVB and the Tampa Bay CVB. . The Agency will manage the call center for toll-free number answering services and oversee the WATTS services/billing. . 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"'uu LLOO_..c::g> :JS(/)~~Es:::s:::LL=~ I1lUl-CIl~~~EU~=CIl- ..c::~(/)I-...s:::U~CIl~:JS:::'OO~=I1lClliZs:::S>~~LLI1l'O'O.oc..S ~I- lllw5=:E~<C8<CU~~UI-:s: 8(/)~>(/)>1-<C<C~(/)~ , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize settlement of the workers' compensation claim of John Moros, in its entirety to include medical, indemnity and attorney fees, costs, and liability claim for the sum of $65,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 29, 2005, Claimant, a Gas Tech 1 for the City of Clearwater, sustained a significant injury at work that is the basis of his pending workers' compensation (WC) and liability claims. As a consequence of his right leg and back injuries, he underwent several surgeries to place and later remove internal hardware in his leg and to fuse L4-L5. The claimant will have permanent restrictions and will not be able to return to his original position. Settlement of this claim is recommended as being in the best interest of the City by the City's Claims Committee, the Risk Management Division, and the City's outside counsel, Mark Hungate. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0590-07000-545800-519- 000-0000 Other Yes Budget Adjustment: No $65,000.00 $65,000.00 10/01105 to 09/30/06 Annual Operating Cost: Total Cost: $0.00 $65,000.00 Amount $65,000.00 Appropriation Comment Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a new Capital Improvement Project (CIP) for the installation of gas mains within the City of Clearwater residential communities; approve the initial funding of this CIP with $157,200 from General Fund Retained Earnings; and approve in concept the August 2006 proposal "Extension of Natural Gas Mains in Existing Residential Communities within the City of Clearwater". (consent) SUMMARY: Clearwater Gas System (CGS) is requesting the City Council approve the creation of a new Capital Improvement Project (CIP) for the Clearwater "Subdivision Expansion Feasibility Program" (SEFP). This project would be for the extension of natural gas mains within existing residential communities in the City of Clearwater where such extension currently does not meet a 7 -yr payback. The first step is to approve the initial transfer in FY 06/07 of the $157,200 excess dividend paid by CGS to the City in FY 05/06 into the "SEFP" CIP. These funds represent Y2 of the Net Income earned by CGS above the Strategic Plan for FY 04/05. This transfer would be reflected in the 1st quarter FY 06/07 budget amendments. In addition, transfer Y2 of the "excess dividend" (i.e., growth in dividend> $1,250,000) that CGS pays to the City in FY 06/07 into the CGS Clearwater "Subdivision Expansion Feasibility Program" (SEFP) CIP (amount determined based upon FY 05/06 final operating results). Both of these transfers will come from General Fund Retained Earnings. Beginning in FY 07/08, the City will continue to fund this project at Y2 of the "excess dividend" as part of the normal budget process until such time as the funds are no longer needed to fund this expansion. CGS will develop a design schedule based on anticipated revenues for main trunk lines (i.e., main road corridors) in FY 06/07 and FY 07/08. The initial expansion area will be based in Countryside, as reported in the August 2006 proposal. In addition, CGS will design and begin marketing this program in FY 06/07 to determine the design sequence for lateral lines (i.e., side streets) in neighborhoods beginning in FY 06/07 and FY 07/08. Once an expanded area is online and operating for 1 year, CGS will transfer to the City General Fund an amount equal to seven (7) times the annual profit from that expanded area. This is to compensate the General Fund for paying the initial capital costs for the expansion. This amount (7 times the annual profit) is the amount the CGS would have invested in capital expansion had it met the minimum 7 year payback. CGS will annually update the City Senior Management and the Council on how the SEFP program is progressing and request, if justified, to continue the funding of this Plan. Type: Current Year Budget?: Other No Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 157,200 Annual Operating Cost: Total Cost: FY06 to FY07 Review Approval: 1) Clerk Extension of Natural Gas Mains in Existing Residential Communities within the City of Clearwater Proposal August 2006 INTRODUCTION The City of Clearwater has owned and operated a natural gas distribution system, Clearwater Gas System (CGS), for over 80 years. The system originally started in downtown Clearwater and has since expanded into 16 additional Cities located in central and northern Pinellas and western and central Pasco County. Many residential communities within CGS's distribution system currently enjoy the economic and lifestyle benefits of natural gas service. However certain subdivisions did not consider installing gas mains during the development/building phase. This resulted in these subdivisions going either all-electric for their energy needs with some using propane (LP) tanked gas. Today many residents in these areas desire the opportunity to have natural gas service in their homes. Key reasons for this desire for natural gas service are: . Natural gas appliances provide greater lifestyle comforts such as warmer heat, more desirable for cooking and barbecuing, faster pool/spa heating, ambiance of gas lighting, etc. . Natural gas is less costly (typically 45% lower cost than electricity and 15 - 25% lower cost than LP for most residential uses). . Natural gas is broadly recognized as the most efficient, environmentally friendly, domestically available energy source. . Natural gas provides superior reliability of service (99.999+%) and is the best fuel for generators, which are highly desirable in our service area due to the threat of hurricanes and the frequency of power outages. Subdivisions that we consistently get requests for natural gas service within the City of Clearwater include Countryside, Clearview Lake Estates, Coachman Ridge and W oodgate subdivisions, just to name a few. Most of these homes were built in the 1970's and 1980's and are turning over to new homeowners that are interested in updating the homes, to include new appliances. This is the best time for most residents to convert to natural gas appliances, such as a water heater, range/oven, clothes dryer, fireplace, grill, and decorative lighting. Other areas within Pinellas Country that do not have gas service include Highland Lakes, Eastlake Woodlands, Crescent Oaks, and Cypress Run. But, most of these subdivisions were built in the 1990's; therefore, residents may not be as ready to replace appliances at this time. 1 The map below shows the current saturation of CGS natural gas mains in the City of Clearwater: Figure 1. Gas mains within the City afClearwater CGS uses a simple seven-year payback formula to justify the feasibility of extension of gas mains and service lines (see Appendix A). If the cost to extend gas main exceeds the seven-year payback, then the potential customer( s) must contribute the difference in cost to achieve the payback in order to obtain natural gas service. Unfortunately most residents do not want to pay up-front money, which usually results in the consumer purchasing another electric appliance and abandoning the idea of using natural gas. Since it generally requires well over 50% of the homes along the main extension to meet the seven-year payback, it can be very challenging to get enough participation to justifY the expansion. Below is an example of how CGS calculates construction feasibility: Non-fuel rate x Annual consumption = Estimated revenue Estimated revenue x 7 years = Maximum investment from CGS Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. This feasibility formula is included in our City Code of Ordinances, is applied universally across our gas system, and is incorporated in our franchises with other Cities. 2 LESSONS FROM PAST EXPANSIONS Listed in Table 1 are subdivisions that CGS elected to test market in the mid-1990's, which had varying results. Out of the 10 subdivisions, only half achieved a payback less than seven-years. In fact, the successful pilot subdivision expansions reached payback in less than two years. The remaining communities have an estimated payback of 17 years or greatef. Overall, the results averaged over 10 years and, therefore, this marketing concept was discontinued. It should be noted that the successes were generally a result of particular drivers in these subdivisions that made them successful, but these typically cannot be assured. Instead, CGS has devoted resources to subdivisions where the builders/developers contract to assure feasibility. Table 1. Feasibility analysis - gas expansion in existing communities Subchision N....ber Instalation FeasibMy Based On Homes % Homes Revenue Date Main FeasibMy Years to Name City Of Lots Cost # Homes Revenue Secured Secured Secured Completed Achieved Achieve" 1be Meadows Clearwater 110 $ 41,215 26 $ 5,888 29 26% $ 8,822 Feb-94 Sep-95 1.6 Oak Trais Pan Harbor 97 $ 40,117 25 $ 5,731 40 41% $ 16,553 Sep-94 Nov-96 0.7 Momingside Clearwater 570 $ 148,234 92 $ 21,176 87 15% $ 21,271 Oct-94 Mar-06 11.5 Island Estates Clearwater 220 $ 61,686 38 $ 8,812 112 51% $ 32,003 Dec-94 Nov-96 1.9 22nd Street Beleair Beach 43 $ 12,375 8 $ 1,768 19 44% $ 7,863 Mar-95 Mar-95 0.1 Del 010 Groves Clearwater 265 $ 169,405 105 $ 24,201 44 17% $ 12,491 Apr-95 No WillWOOd Clearwater 20 $ 13,684 8 $ 1,955 3 15% $ 784 Nov-95 No Country Grove * Clearwater 40 $ 9,710 6 $ 1,387 4 10% $ 818 Jan-96 No Dunecin Isles Dmed.. 276 $ 66,757 41 $ 9,537 26 9% $ 5,056 Mar-96 No Autmnn Woods Pan Harbor 158 $ 73,784 46 $ 10,541 39 25% $ 13,420 Jm-96 Oct-96 OA TOTAL 1,799 $ 636,967 3!l6 $ 90,995 403 25% $119,081 10.11 "Inactive Community ... Highighted fiekI incicates esmnated tmeframe to reach feasibMy SELECTING FUTURE EXPANSION AREAS Recently, City Senior Management asked us to analyze how we could potentially expand our natural gas main infrastructure to make this available to a greater number of our citizen owners. This is a beneficial service that only 13% of our citizens have taken advantage of and is only available on about 55% of our roadways. Therefore, targeted expansion of our natural gas infrastructure would afford more citizens the opportunity to utilize this beneficial service and would provide more uniformity in City service availability. Our approach to this is: . First, to determine the most feasible areas to target for expansion, where we should see the greatest feasibility --- though it is expected that this will likely only generate 10 - 20 year paybacks. . Second, to develop a proposal for how to fund this anticipated feasibility shortfall. . Third, gain City Senior Management and City Council approval. . And finally, develop a program, which pro actively targets the most feasible market areas while providing a reactive vehicle to allow consideration of other neighborhoods within the program. 3 There are many factors that playa role in determining a fast or slow payback time. Listed below are some important factors that we have determined need to be considered when expanding into an existing community. . Existing homeowners association - A strong homeowners association will help spread the message about natural gas to the citizens within the community and get the necessary feedback to determine if expansion is feasible. . Individual Champion - The most successful homeowner associations have a "champion" individual to help solicit signups from their neighbors. . Parcel Density rparcels/mi21-More single-family homes per square mile (density) increases the opportunity to sell natural gas to homeowners, therefore increasing payback potential. . Residents per parcel - The more occupants per household, typically the higher the gas usage, especially for hot watef. . Income per household - The homeowners need to have enough disposable income to pay for such gas appliance upgrades and pipe installation within the home. . Age of Home - Potential for numerous remodeling projects due to the age or life cycle of the resident's appliances. Using these factors, each zip code in Pinellas County was analyzed to determine the best areas for expanding gas mains. Figure 2 shows the top zip codes within Pinellas County, sorted by highest parcel density and lowest natural gas customer saturation (% of parcels served with gas). eGS Expansion Opportunities Parcels I square mile for eGS zip codes 0.00% 500 1,000 1,500 2,000 . 33708 . .: .~ 33785 .. . . 33761 . 33774 . . 2,500 3,000 . 33763 5.00% !: 0 10.00% :;:: l'lS ... :;j - l'lS en 15.00% ~ 0 20.00% ~ . Best Opportunity . . . 25.00% Figure 2. Zip code "scatter" diagram (% Saturation vs. Parcel Density) 4 Taking the top-right quadrant of zip codes within the "scatter" diagram gives us the best marketing candidates for expansion within the CGS service territory, as illustrated in Table 2. Table 2. Zip code statistics for potential gas expansion (Pinellas County) Parcels Density Residents Zip Code City Population [Par/mi2] Income (2004) per parcel 33763 Clearwater 19,750 2,896 $ 37,537 1.96 33785 Indian Rocks Bch 6,981 1,883 $ 57,137 1.18 33761 Clearwater 18,113 1,760 $ 49,833 1.93 33770 Largo 25,388 1,697 $ 37,172 2.65 33774 Largo 19,744 1,685 $ 43,798 2.35 33708 Redington Beach 17,474 1,538 $ 40,711 1.47 It appears that zip code 33763 (Woodgate area) stands out as the top candidate; however, the average annual income per household is less than $40,000. Zip codes 33785 (Indian Rocks Beach) and 33761 (Countryside) have the highest annual income out of the selection; therefore, should receive immediate attention since these households likely have more disposable income available for updating appliances. Even though zip code 33785 has the highest income level, zip code 33761 has a higher density level of residents per parcel, by almost one person. Therefore, taking all these factors into consideration, the Countryside area is determined to be the best candidate for gas expansion in an existing community. Additionally, it should be noted that most of the main roadway corridors in Clearwater have natural gas primary trunk mains, making expansion into adjacent neighborhoods possible. Countryside is a notable exception to this in that most of Countryside Blvd., all of Landmark Drive, and all of North ridge Drive do not have gas mains. 5 PROPOSED COUNTRYSIDE EXPANSION: PHASES I & II Figure 3 shows the Countryside community between Curlew Rd. & Enterprise Rd. Highlighted in blue are the areas of proposed gas main extensions. Red lines indicate existing gas main. The additional pipe (blue) is estimated at 29.5 miles. Figure 3. Proposed gas main extension 6 It is proposed that the Countryside project be divided up into two phases. Phase I would be the "main trunk line" gas extension. Main trunk lines would be installed on Countryside Blvd. and Landmark Drive starting at SR 580 and running north to Curlew Road. In addition, trunk lines would be installed on Northridge Drive starting at Countryside Blvd. and running north to Curlew Road. During Phase I, CGS will solicit homeowners directly along the main trunk line path to facilitate customer sign-ups. . Main trunk lines -Main Extension Estimate o 4.5 miles of Main Trunk Line o Countryside Blvd. - 8,000 ft. @ $8.90/ft. o Landmark Drive - 12,400 ft. @ $7.66/ft. o Northridge Drive - 3,570 ft. @ $9.54/ft. o Estimated capital cost = $200,000 ($8.35/ft. on average) In Phase II, we would start the marketing and prioritization of "lateral main line" gas extensions in order to extend service line to individual homes. It is important to do marketing research within each neighborhood to determine the appropriate area to start the lateral line installation. Areas that have existing CGS propane customers, or other propane suppliers, would be primary targets since minimal appliance conversion (typically only burner orifice alterations) would be required. Below is the estimated cost to install lateral lines in all Countryside neighborhoods. . Lateral lines - To Serve Individual Neighborhoods/Loops o Approximately 25 miles total o Assume installation cost of $ll/ft. o Estimated $1.45 Million Also, during Phase II, we would be open and reactive to other neighborhoods in Clearwater who desire feasibility surveys. We would propose to continuously prioritize our expansion into the most feasible neighborhoods based on customer commitments, and in this process it would be possible for other neighborhoods to potentially move ahead of Countryside neighborhoods based on feasibility projections. STANDARD FOR FUNDING EXPANSION PROJECTS The financial payback for expanding gas mains and services within the City of Clearwater must be the same as other Cities within the CGS service territory. Therefore, any expansion proposal within the City of Clearwater MUST be the same for other Cities within CGS's distribution area. This requirement is outlined in natural gas franchise agreements the City of Clearwater has with these other Cities. Below is a sample excerpt from the franchise agreement with the City of Largo: "Gas Service shall be extended to customers desiring said service based on a feasibility formula. Such formula shall be the formula currently in effect system-wide as then administered by CLEARWATER." Appendix A references the City of Clearwater "main and service line extension feasibility", which is our standard for all Cities. 7 PROPOSED CLEARWATER EXPANSION FUNDING Recognizing that CGS profitability has continuously improved over the past 10+ years and much of this has been due to expansion outside of Clearwater; we recommend that the City invest a portion of the future increased dividends into the expansion of gas main infrastructure into previously un-served neighborhoods in Clearwatef. This will preserve the integrity of our standard feasibility requirements while expanding the benefits of natural gas service to our citizen-owners. The long-term benefit to the City is increased future Gas System profitability, increased CGS franchise payments, and increased CGS utility tax payments to the City. This will also increase the reliability of energy service in the City after storms or other electric outage situations. Our CGS proposal is that beginning in FY 06, the City of Clearwater allocate the $157,200 excess dividend earned above the Strategic Plan for FY 05 and, beginning in FY 07, the City invest half of the "excess dividend" (growth in dividend> $1,250,000) that CGS pays to the City into a CGS CIP Fund called the Clearwater "Subdivision Expansion Feasibility Program" (SEFP). Using this method, it is projected that the City/CGS could pay for the Countryside expansion within a projected 5 - 7 year timeframe. T bl 3 C . 1 b d tI a e . aplta u 1get or expanSIOns Projected Excess Expansion Fiscal Yr Dividend Dividend Fund FY06 $ 1,407,200 $ 157,200 $ 157,200 FY07 $ 1,507,810 $ 257,810 $ 128,905 FY08 $ 1,697,655 $ 447,655 $ 223,828 FY09 $ 1,910,373 $ 660,373 $ 330,186 FY10 $ 2,233,141 $ 983,141 $ 491,571 Totals $ 8,756,179 $2,506,179 $ 1,331,690 Growth in Dividend 2,500,000 2,000,000 1,500,000 1,000,000 500,000 -Dividend Dividend (less SEFP) CD l"- co (j) 0 ...... N C'0 "<:t L.() CD l"- co (j) 0 (j) (j) (j) (j) 0 0 0 0 0 0 0 0 0 0 ...... -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- L.() CD l"- co (j) 0 ...... N C'0 "<:t L.() CD l"- co (j) (j) (j) (j) (j) (j) 0 0 0 0 0 0 0 0 0 0 >- >- >- >- >- >- >- >- >- >- >- >- >- >- >- LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL Figure 4. Growth in Dividend 8 As depicted in Table 3 and Figure 4, it is proposed that the CGS SEFP CIP Fund (funded by the City from excess CGS dividends paid to the City) be utilized to pay the trunk and lateral (mains and services) construction costs. Then, in order that the City of Clearwater be credited for the same 7 year payback as any other jurisdiction would be afforded (see Appendix A), as each project (trunk line, neighborhood, or loop), then after one full fiscal year has passed, a one-time transfer payment will be made by CGS into the City General Fund equal to 7 times the added Estimated Annual Non-Fuel Net Revenues (less fuel, adjustments, taxes, fees and customer charges) of the customers connected within such proj ect based on the customer participation in this City of Clearwater SEFP Program. In this manner, the City will fund the shortfall in Subdivision Expansion Feasibility, and CGS will pay for its pro-rata share of the construction costs (based on the normal 7 year payback), up to the full amount of the capital investment, as specified in Appendix A. Once trunk lines are completed in Countryside (Phase I), CGS will begin assessing Countryside neighborhoods/loops as well as any other proposed Clearwater subdivision candidates for ongoing expansion of service using the SEFP funding, as it is available. Neighborhoods will be prioritized based on sign-ups to maximize feasibility. CGS will base each service line extended based on individual home service feasibility, and existing CGS LP customers that convert will not be counted as added revenues since they are currently providing existing net revenues. Other municipalities served by CGS may establish a similar program based on the concept that they identify an advanced payment fund (perhaps using franchise payments, utility tax payments, Penny for Pinellas, etc.). CGS would then assist them in prioritizing areas for installation of natural gas mains including surveying of neighborhoods, preparation of plans, marketing of customers, and installation of service. This other municipality would then be similarly afforded 7 times the incremental added non-fuel energy charges for any subdivision expansion up to the full amount of the capital investment. HOME ON THE MAIN In 2005 CGS test marketed a "Home on the Main" program with enhanced Energy Conservation Allowance (ECA) credits for customers along existing main lines. This program was generally not successful partly because of the added costs of main and service line extensions beyond the feasibility. We would propose to redesign this program in Clearwater and allow the "Subdivision Expansion Feasibility Program" CIP funds to be used to allow for street crossings and short main extension (one block or less, but not more than 300 feet of main). This should have minimal impact on the total fund, but would allow CGS to use this more broadly for the rest of the citizens of Clearwater who are either on a gas main or close to a main. We would also develop a "Home on the Main" program to encourage conversions in the expansion neighborhoods, but individual services would be based on normal feasibility criteria. 9 OTHER SUBDIVISION TRUNK MAIN EXTENSIONS As the opportunity arises, we would propose to also utilize the SEFP funds to provide gas trunk main along other City corridors where a neighborhood has demonstrated priority feasibility but are limited in their availability by the lack of trunk main up to their subdivision. This would place all subdivisions on equal opportunity footing with Countryside. PROPOSED STEPS FOR CITY COUNCIL . The Clearwater City Council would need to approve in September 2006 the creation of a new CGS Capital Improvement Project (CIP) for the Clearwater "Subdivision Expansion Feasibility Program". . Approve the initial transfer in FY 06 of the $157,200 excess dividend paid by CGS to the City into a CGS CIP Fund called the Clearwater "Subdivision Expansion Feasibility Program" (SEFP). These funds represented Y2 of the Net Income earned by CGS above the Strategic Plan for FY 05. . Beginning in FY 07, in the 1st Quarter Budget Adjustment process (subject to audit adjustments later in the year), transfer half of the "excess dividend" (growth in dividend > $1,250,000) that CGS pays to the City into the CGS Clearwater "Subdivision Expansion Feasibility Program" (SEFP) CIP Fund. NEXT STEPS FOR CGS . Develop a design schedule based on anticipated revenues for main trunk lines (FY 07- FY 08). . Design and begin marketing this program in FY 07 to determine the design sequence for lateral lines in neighborhoods beginning in FY 07 and FY 08. . Look at the City's reclaimed water expansion project and determine if there's a large enough cost savings to justify partnering with Public Works and doing j oint trench and/or directional bore of both utilities at the same time. This may not be feasible because reclaimed water expansion is scheduled for 2012 - 2015 in the Countryside area. . Redesign the "Home on the Main" program to encourage conversions both along existing main and in the new expansion neighborhoods. . Prepare a presentation package for other municipalities served by CGS. . Annually update the City Senior Management and the Council on how the SEFP program . . is progressmg. 10 Excerpt from Appendix A Main & Service Line Extension Feasibility Whenever a prospective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: Design considerations. The extension of gas service to the prospective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. Main line extension construction feasibilitv. The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed gas equipment with an estimated minimum annual consumption of two therms per foot of service line required, or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined "d." above). Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction (CIAC) to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a non-reimbursable CIAC to cover the excess investment amount or satisfy this deficiency by entering into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 11 Conversion of equipment to natural gas. The Clearwater Gas System will convert the customer's existing appliance orifice(s) (if convertible) to accept natural gas at no cost to the customer, provided that the customers gas use is year round; the commercial and industrial customer enters into a contract to exclusively use the natural gas service of the Clearwater Gas System; and this amount, when added to the other cost to serve amounts, still renders the project feasible. Relocation of gas service facilities. When alterations or additions to structures or improvements on any premise require the Clearwater Gas System to relocate metering, service line, or main line, or when such relocation is requested by the customer, or others, for whatever reason, the customer or others, may be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities. 12 Q) E 0 (.) I: - Q) z CO U ::::s - >< (.) <C "C 0 s::: - (1) I: a. CO a. c.. <( (.) 0) Q) - CO ... - rn rn C) () j ~ ! ~ l ~ l !! ~ R. l :1: N .. :1: . ~ =: =: ii. ii. ~~ ~ ~' ~ if i ~h .. .. = .:f N .. I ~ ~ ~ ! ! ~~ ~' . I ~ . !... ",," S .. I ~ l l l l ~~ ~' ~ : a ~ z" "., .. .. I 0 . . l l l~ ;;; ;. ;. ~' l ~ ! ~ != ",,' .. .. I ~ l~"~ ~ ~ I l~ 'fJ.' !~,~ Ii; ~ ~~ 0 .. ",,' .. ~ ~ ~ 6 i l~,l I '~ .... ~' a. ~. ! lalGl ! . :;~:; N" N ..' .. .. I i l ; . l~, I I '~ if l ~~ l l~, I . N' N III .. .. .. ~ ~ ~ ~ l l~,l I '~ ~: ~ ~. ~ l~,~ I . .. N III .. .. .. ~ ~ a ~ l l~, I I '~ ~ ~: l ~: l l~, I . .. N .. .. .. .. .. I ~ II ~ l l~, I I '~ ~: ! ~. ~ l~. I . .. N' '" .. .. .. I ~, l ~ i. l~. I I '~ ~ ~. ~ l~" I . .. .. N .. .. .. ~ ~, I ~ ~ l~, I I '~ I::! ~ ~ l~. I . .. .. .. .. I~ .. ~ ii. l~, I I '~ ~ ~ ~' i ~. ! l~, I . .. .. .. ~~ ~ ~ l l~. I I '~ ~ ~~ ~ l~. I . :::. .. .. .. .. ~~ i. ~ ~ l~, I I ~~ ~ ~ ~. ~ l~, I .. .. .. l! ~ .f g Ii ! 8 Ii Q: Jcr ~~ ~~ I ~ I 100 S~8 z~ ' , j J I~ s~ I.! J ~~~ c.. I~i I~ ~ 1 t d~ Q.! II Q.~ I I z ~ jl Ii h I J jj Q.Q Q.s .,..,. o:::t ,......, , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Award of Bid 29-06 Installation of Gas Mains and Service Lines at Various Locations in the amount of $1,185,000 (actual bid of $983,914) and approve the issuance of a Purchase Order to Mastec North America, Incorporated 7221 East Martin Luther King Jr. Boulevard Tampa, Florida 33619 in the amount of $1,098,750 for the period October 1, 2006 to September 30,2007 and authorize the appropriate officials to execute same. (consent) SUMMARY: Mastec North America, Incorporated was the low bidder on Bid 29-06 Installation of Gas Mains and Service Lines at Various Locations with an actual bid of$983,914. Funding is available in Pinellas New Mains and Service Lines 315-96377 ($1,098,750). Bid 29-06 included $86,250 in Underground House-Piping which has been awarded in a RESALE ITEM Purchase Order approved by the Managing Director and Executive Officer of Clearwater Gas System as customers are charged for underground house-piping after the outlet side of the gas meter. The total contract amount is $1,185,000 ($1,098,750 Installation of Gas Mains and Service Lines and $86,250 for Underground House-Piping). All material required for this work are code approved and will be utilized to replace or install gas mains and service lines in the Clearwater Gas Distribution System to include expansion projects in Clearwater. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Purchase Yes Budget Adjustment: None 1,185,000 1,185,000 10-01-06 to 09- 30-07 Annual Operating Cost: Total Cost: 1,185,000 1,185,000 Appropriation Code 31596377563800532000 42302068531100532 42302178531100532 Amount 1,098,750 76,250 10,000 Appropriation Comment Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes 29-06 Bid Number: Bid Exceptions: None , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the renewal of a contract for health insurance with United HealthCare under a fully insured funding arrangement for the contract period of January 1,2007, to December 31,2007, at a total not to exceed cost of $16,500,000 which includes estimated City ($11,700,000), employee ($3,400,000), and retiree ($1,400,000) premiums, and award a three-year contract to Unipsych Benefits of Florida, Inc. for EAP and mental health/substance abuse coverage for City employees and their covered dependents for a not to exceed amount of $200,000 ($180,000 for current employees and $20,000 for retirees) per year for a total of $600,000 for the period January 1,2007 through December 31,2009. SUMMARY: The contract with the City's current medical insurance provider, United HealthCare, expires on December 31,2006. Based on the renewal proposal from UHC, City staff recommends that the City remain with carrier for the calendar year January through December 2007. The City Benefits Committee evaluated the United renewal and by a 13-2 vote recommends retaining the carrier. The renewal will result in a 10.4% overall increase in premium costs, and will maintain the City's existing plan structure consisting of HMO and POS standard and buy-up options, an open access network of providers and facilities, and maintenance of all current benefit levels, including prescription co-pays. The contract with the City's current EAP and mental health/substance abuse provider, Unipsych Benefits of Florida, Inc. (formally Bradman/Unipsych), also expires on December 31,2006. The company has agreed to renew the City's mental health, substance abuse & employee assistance program without an increase in premium for an additional 3 years with the option to renew for an additional 3 years. The contract will be effective through December 31,2009. For fiscal year 2007, the City has budgeted $11,833,600 for 1,849 full time positions for the City's share of medical insurance coverage (including EAP and mental health/substance abuse). The City's estimated share of actual expenses for FY 07, which covers three months of the current contract and nine months of this proposed contract for both United and Unipsych is $11,562,500. The difference between budgeted and actual costs, estimated to be $271,100, will be deposited into the Premium Stabilization Fund. This fund is used as a budgeting tool and to offset any large increases in the City's costs to provide health insurance. The above numbers assume that all positions are filled at all times and that employees select the type of coverage (employee only, employee + 1, and employee + family) similar to the current year. Costs related to these contracts for coverage for FY08, estimated to be $4,325,000, will be budgeted as part of the fiscal year 2008 budget. Staff also recommends that the current funding strategy for City contributions to health care representing 100% of the HMO Standard cost for "Employee Only," 75% of the HMO Standard cost for "Employee plus One," and 68% of the HMO Standard cost for "Employee plus Family," applied to the tiers in the HMO Buy-Up, POS Standard, and POS Buy-Up plans respectively, be maintained. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $17,100,000.00 06/07 to 07/08 Annual Operating Cost: Total Cost: $11,562,500.00 Appropriation Code 0590-07000-545600-519- 000-0000 0590-07000-544601-519- 000-0000 Amount $16,500,000.00 Appropriation Comment $600,000.00 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None >. ......., ..- u (1) (1) >. o - c.. E w r--- o o N ..... c: CD L.... L.... ::J U I'- o o N ~ ,,- t.) (1) (1) ~ o """""" c.. E w ~ lI- t) CD CD >.a o - c.. E w , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to State of Florida, Department of Management Services, Tallahassee, Florida - Suncom long distance service, State AIN Centranet lines, and toll free long distance lines during the period October 1,2006 through September 30,2007 at a cost not to exceed $183,250. SUMMARY: Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure No Budget Adjustment: None Annual Operating Cost: Total Cost: 10/1/06 to 9/30/07 Appropriation Code 0555-09865-542100-519-000- 0000 Review Approval: 1) Clerk Amount 183,250.00 Appropriation Comment , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Verizon Florida, Inc., Saint Petersburg, Florida - Telephone service including frame relay internet service, Tl 's, Centranet trunks, directory advertising, long distance overflow, and credit/collect calls during the period October 1, 2006 through September 30,2007, at a cost not to exceed $429,950 and authorize the appropriate officials to execute same. (consent) SUMMARY: Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: None Annual Operating Cost: Total Cost: 10/1/06 to 9/30/07 Appropriation Code 0555-09865-542100-519-000- 0000 Review Approval: 1) Clerk Amount $429,950.00 Appropriation Comment , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Sprint/Nextel, Los Angeles, California - Cellular/radio service during the period October 1, 2006 through September 30,2007 at a cost not to exceed $218,880. SUMMARY: This is an annual contract for cellular service for approximately 550 devices. This cost is $25,000 less than the previous year. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: None Annual Operating Cost: Total Cost: 10/1/06 to 9/30/07 Appropriation Code 0555-09865-542100-519-000- 0000 Review Approval: 1) Clerk Amount $218,880.00 Appropriation Comment , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve FY 06/07 Blanket Purchase Orders to Baker & Taylor Books -$250,000; Ingram Book Company - $130,000; and Ebsco Subscription Services - $100,000. SUMMARY: Blanket Purchase Orders for Baker & Taylor and Ingram are for the acquisition of books and audio visual materials; Ebsco provides for reference material and other standing orders plus magazine and serial subscriptions. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Purchase No Budget Adjustment: No NA $480,000 $480,000 Annual Operating Cost: Total Cost: 2006 to 2007 Appropriation Code 0315-93527 -564400-571-000- 0000 Review Approval: 1) Clerk Amount $480,000 Appropriation Comment , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Consider Parks and Recreation Board recommendation to rename the East West Recreation Trail that currently runs from Bayshore Boulevard to the Long Center to Ream Wilson Clearwater Trail. (consent) SUMMARY: .Over the past 30 years and under the leadership of Ream Wilson (director of Parks and Recreation from October 1967 to December 1997) the City acquired property through various means to enhance the park system for the residents of Clearwater. In addition to acquiring property the City Council supported the development of a recreational trail system that starts on the east side of Bayshore Boulevard at the Safety Harbor City limits and proceeds west and currently ends at the Long Center on Belcher Road. .Plans are currently being developed to continue the trail from the proposed Progress Energy trail west along primarily Druid Road to the Memorial Causeway Bridge. .While a trail name has never been officially approved the trail has been unofficially called the "East West Recreation Trail"; primarily due to the fact that it runs east and west and provided access to 12 parks and special recreation facilities. .Over the past 10 years since Mr. Wilson's retirement several individuals and groups have approached the Parks and Recreation Department to name a park or some special facility in honor of Mr. Wilson. -The person most responsible for making this trial system possible is Mr. Wilson in that he provided the leadership and foresight to acquire the properties that would provide a green ribbon of land and recreational facilities that stretched from Tampa Bay to Belcher Road. . His predecessor Eddie Moore was recognized for the significant contributions he made to Clearwater by the naming of the Eddie C. Moore Softball Complex located on the NW corner of McMullen Booth Road and Drew Street. It certainly seems appropriate to name the Recreation Trail that traverse through and connects the EC Moore Softball Complex with other parts of the city be named after Mr. Wilson. . Therefore, in accordance with Commission Resolution No. 94-12 the Parks and Recreation Board advertised and conducted a public hearing to consider recommendations for renaming the trail. A public meeting was held on August 23,2006. .The Board received a total of 6 names for consideration. The Board ranked the 3 top names in the following order. 1. Ream Wilson Clearwater Trail 2. Clearwater Ream Wilson Sunrise to Sunset Trail 3. Ream Wilson Cross Clearwater Trail .Based upon the information gathered at this hearing, and on the criteria contained in the Resolution, the Parks and Recreation Board approved a motion to recommend to the City Council that the trail be renamed to the "Ream Wilson Clearwater Trail" Review Approval: 1) Clerk , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract between the City of Clearwater and TriTech Software Systems, in the amount of $894,721.00, to replace the Clearwater Police Department's Computer-Aided Dispatch System, software for the implementation of mobile CADS data, and two (2) servers. This replacement is contingent upon the approval of two (2) earmark grant budget amendments, totaling $939,295.00, by the United States Department of Justice, and that the appropriate officials be authorized to execute same. SUMMARY: 1. The Clearwater Police Department's (CPD) existing Computer-Aided Dispatch System (CADS) is at the end of its life expectancy. The existing CAD system and peripheral software was written on a transactional database, which has not been used for CAD systems since the mid 1990's. CPD's current vendor has advised staff of the need to migrate to current database technology and at present time, the vendor has only one employee left to support our current type of CAD system. 2. CPD used a consultant to develop and design a Request for Proposal (RFP) process to meet the guidelines of Clearwater's Purchasing Department. Of the eleven (11) vendors who responded to the RFP, TriTech was selected as the lead vendor after the completion of benchmark testing. Additionally, the Pinellas County Sheriff's Office (PCSO) is replacing their outdated CAD system with the TriTech system affording both agencies the opportunity to achieve officer safety priorities. This partnership also allows for an efficient means to exchange relevant data and maximize the usage of limited funding from both law enforcement agencies. Both agencies endeavored to comply with the spirit of the Pinellas Assembly process. CPD and PCSO staffs did their due diligence in evaluating the TriTech product by making offsite visits to other law enforcement agencies utilizing TriTech's product. 4. To further our interoperability initiatives, and ensure the most robust technology advancements available, PCSO, through their funding opportunities, is providing the City of Clearwater with a "no cost" Records Management System (RMS) and In-field Computer Reporting System for which the City of Clearwater was unsuccessful in obtaining grant funding. Our current RMS and In-field Reporting System software company dissolved their business approximately five (5) years ago, leaving our department with no technical support or upgrades for our current systems. The partnership with PCSO will greatly compliment the data functionality of CPD's Computer-Aided Dispatch System. 5. The balance of grant funding, namely $44,574.00, will be used to address connectivity issues and other ancillary systems. 6 A copy of TriTech' s contract is available for review in the Office of Official Records and Legislative Services. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Appropriation Code 181-99286-530300-521-000 181-99282-530300-521-000 Amount 691,015 203,706 Appropriation Comment Grant Funded Grant Funded Bid Required?: Yes Bid Number: RFP 09-06 Other Bid / Contract: Bid Exceptions: None Review Approval: 1) Clerk TriTech Software Systems 9860 Mesa Rim Road San Diego, CA 92121 Phone: 858.799.7000 Fax: 858.799.7011 Email: sales@tritech.com SYSTEM PURCHASE AGREEMENT TRITECH SOFTWARE SYSTEMS FOR THE CITY OF CLEARWATER, FLORIDA DATED Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 1 of 51 SYSTEM PURCHASE AGREEMENT TABLE OF CONTENTS 1.0 INTRODUCTION .............................................................................................................. 4 2.0 ADDENDA ....................................................................................................................... 4 3.0 DEFINITIONS .................................................................................................................. 5 4.0 PRICES AN D P A YM ENT ................................................................................................. 9 5.0 TRITECH SOFTWARE LICENSE GRANT....................................................................... 9 6.0 TH I R D PARTY SO FTW AR E LI C ENS E ........................................................................ ...11 7.0 DELIVERY, INSTALLATION, TITLE AND RISK OF LOSS ............................................11 8.0 SITE PREPARATION .....................................................................................................13 9.0 SECU RITY INTEREST ....................................................................................................13 10.0 TRITECH SERVICES ......................................................................................................14 11.0 ACC EPT AN CE .............................................................................................................. .15 12.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS.......................................................16 13.0 LIMITED W ARRANTI ES .................................................................................................18 14.0 MAINTENANCE AN D SOFTWARE SUPPORT .............................................................21 15.0 SOURCE CODE ESCROW .............................................................................................23 16.0 DEF AU L T AN D TERMINATION .....................................................................................24 17.0 LIABI LITY .......................................................................................................................25 18.0 INSU RANCE ...................................................................................................................25 19.0 COPYRIGHT & PATENT INFRINGEMENT ....................................................................26 20.0 SALES, USE AN D PROPERTY TAX ..............................................................................27 21.0 SEVERABI LITY ..............................................................................................................27 22.0 FORCE MAJEURE/EXCUSABLE DELAY ......................................................................27 23.0 CONSTRUCTION AN D HEADINGS ...............................................................................27 24.0 WAIVER ..........................................................................................................................27 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 2 of 51 25.0 ENTIRE AGREEMENT ...................................................................................................28 26.0 APPLICABLE LAW ........................................................................................................28 27.0 ASSIGNMENT ................................................................................................................28 28.0 NOTICES ........................................................................................................................28 29.0 ORDER OF PRECEDENCE............................................................................................29 30.0 GENERAL TERMS .........................................................................................................29 ADDENDUM A .........................................................................................................................31 AD DEN DUM A-1 ......................................................................................................................32 AD DEN DUM A-2 ......................................................................................................................33 AD DEN DUM A-3 ......................................................................................................................35 AD DEN DUM A-4 ......................................................................................................................36 AD DEN DUM A-5 ......................................................................................................................38 AD DEN DUM A-6 ......................................................................................................................39 AD DEN DUM A-7 ......................................................................................................................40 AD DEN DUM A-8 ......................................................................................................................41 AD DEN DUM A-9 ......................................................................................................................43 ADDENDUM B .........................................................................................................................44 ADDENDUM C .........................................................................................................................50 ADDENDUM D .........................................................................................................................51 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 3 of 51 SYSTEM PURCHASE AGREEMENT Client: City of Clearwater Address: 645 Pierce St. City, State, Zip: Clearwater, FL 33756 Phone, Fax: 727.562.4345/fax 727.562.4339 Contact Name: Deputy Chief Baird 1.0 INTRODUCTION 1.1 This Agreement, is made by and between TriTech Software Systems, referred to as "TriTech", with offices at 9860 Mesa Rim Road, San Diego, California 92121, and the entity named above, referred to as "Client" (who together are referred to as the "Parties" herein), with reference to the following facts: 1.2 This Agreement is for the purchase of a Computer Aided Dispatch System ("CAD") and Mobile Data System ("MDS") consisting of software, computer equipment, peripheral equipment and related services (the "Project"). The Project is more fully described in the Statement of Work, Addendum A-I. The items being purchased under this Agreement are specified in Addenda A-2 through A-9 of this Agreement. 1.3 The Parties agree that under this Agreement, Pinellas County Sheriff ("County") may purchase TriTech Software licenses and associated services in accordance with the terms and conditions set forth herein, which licenses will be granted directly to County. 1.4 In consideration of the terms, promises, mutual covenants and conditions contained in this Agreement, Client and TriTech agree as follows: 2.0 ADDENDA 2.1 The following documents are attached as Addenda to this Agreement and incorporated by reference as though set forth in full: (a) Addendum A-I Statement of Work (b) Addendum A - 2 TriTech Software Licenses, Installation and Shipping Instrnctions Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 4 of 51 (c) Addendum A - 3 (d) Addendum A-4 (e) Addendum A - 5 (f) Addendum A-6 (g) Addendum A-7 (h) Addendum A-8 (i) Addendum A-9 (j) Addendum B (k) Addendum C (1) Addendum D 3.0 DEFINITIONS Interfaces TriTech Services Equipment Third Party Software Provided by TriTech Contract Price Summary Payment Terms Site Preparation and Support Connectivity Guide Software Support During the Warranty Period Hardware and Software Maintenance and Support Agreement for Stratus ftServer™ Master Source Code Escrow Agreement (copy) 3.1 "Acceptance" or "Accept" means the processes described in the ACCEPTANCE section of this Agreement. 3.2 "Acceptance Test Procedure" or "ATP" means the documents setting forth the Acceptance testing procedure and criteria with respect to the Deliverables hereundef. 3.3 "Contract Price" means the total of the purchase price of the items as specified in Addendum A-7, including, as applicable, Equipment, Third Party Software licenses, TriTech Software licenses, other Third Party Products or Services, other fees and expenses, and if included as a line item in Addendum A-7, any applicable sales, use, value added, or other such governmental charges. 3.4 "Data Warehouse" means a Server or other storage unit on which Client's data resides for archival purposes. 3.5 "Deliverable" means an item of software, hardware, documentation or services to be provided by TriTech under this Agreement as listed in the addenda hereto. 3.6 "Delivery" with respect to the CAD System and MDS means physical delivery of substantially all components to the Designated Location. Delivery shall be deemed to have occurred despite the absence of incidental components provided that Installation of the CAD System and MDS, training and system configuration can begin with the items then delivered. Delivery with respect to Modifications, Interfaces and Third Party Products and Services shall be Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 5 of 51 deemed to have occurred when the applicable item described in the Statement of Work is physically delivered to the Designated Location. A separate Delivery shall occur with respect to each such Deliverable. 3.7 "Demonstration of Licensed Functionality ("DOLF")" means pre-Delivery testing procedures of Client's CAD System conducted as more fully described in paragraph 11.2 3.8 "Designated Location" means the physical site at which the CAD System and MDS are installed as specified in Addendum A-I, Statement of Work. 3.9 "Documentation" means any standard user manuals or other related instmctional and/or reference materials, provided by TriTech or other software vendors as applicable, including on-line help information and Release Notes issued in connection with Updates. In case of a conflict between written documentation (user manuals or Release Notes in printed or CD- ROM format) and on-line help information, the printed and CD ROM documentation will control. 3.10 "Equipment" means the computer system equipment specified in Addendum A-5 of this Agreement. TriTech may, with the consent of Client, substitute Equipment for that specified in Addendum A-5 provided that such Equipment will meet the requirements of the Specifications and this Agreement. 3.11 "Go Live" means the event that occurs when the Client first uses the CAD or MDS for Live Operations. A separate Go Live may take place with respect to each Interface, the CAD Modifications (if applicable) and each Third Party Product. 3.12 "Help Desk" means the TriTech function consisting of receiving calls from Client concerning system problems and assisting Client with resort to the manufacturers of Equipment, Third Party Software and/or Third Party Products under the applicable warranties and/or maintenance support agreements. 3.13 "Installation", with respect to the CAD System and MDS, means the process of mnning the TriTech Software under a procedure to demonstrate basic inter-operability of the system's components. "Installation", with respect to Modifications (if applicable), means the process of mnning each modification under a procedure to demonstrate basic interoperability with the applicable system. "Installation", with respect to the Interfaces, means the process of mnning each Interface under a procedure to demonstrate basic interoperability of the Interface with the applicable system and the equipment and/or software with which it is interfaced. "Installation", with respect to Third Party Products, means the process of mnning such Products under a procedure to demonstrate basic interoperability of the Third Party Product. 3.14 "Interfaces" means the interface software described in Addendum A-3. Each individual interface is referred to as an "Interface". 3.15 "Live Operations" means use of a Deliverable (e.g., the TriTech Software less Interfaces and Modifications) as the primary means of performing its functions. Use of a Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 6 of 51 Deliverable in parallel with Client's existing system for a period not in excess of thirty (30) days where the existing system is the primary means of performing its functions and the Deliverable is being mn in a test environment shall not be deemed Live Operations. 3.16 "MDS" means the mobile data system to be provided hereundef. 3.17 "Modifications" means changes or additions to the TriTech Software from the standard version thereof prepared hereundef. Modifications, if applicable, are described in the Statement of Work, Addendum A-I. 3.18 "Notice to Proceed" means written notice from Client to TriTech that Client's funding for this Project has been appropriated and TriTech is authorized to commence work under this Agreement. 3.19 "Object Code" means any instmction or set of instructions of a computer program, including but not limited to, the TriTech Software, in machine-readable form. 3.20 "Primary Computer System" means a local or wide area network consisting of one or more servers and multiple computer Workstations. 3.21 "Prime Contractor" means that TriTech shall (i) act as a central point of contact, providing project management services, including coordination and monitoring of all subcontractor (if applicable) activities with respect to the Project, (ii) subcontract with certain vendors that provide hardware, software and/or services (Third Party Items) in connection with the Project (as more fully described in the Statement of Work), and (iii) pass through to Client warranties received from the vendors thereof. The fact that TriTech is acting as a Prime Contractor does not expressly or impliedly mean that TriTech warrants the Third Party Items. 3.22 "Server" means a computer in a local area network that mns administrative software which controls access to all or part of the network and its resources and makes such resources available to computers acting as workstations on the network. With respect to the CAD System, this term includes, without limitation, the Primary Computer System and the Standby Computer System. 3.23 "Software Error" means an error in coding or logic that causes a program not to substantially function as described in the applicable Specifications. In the event TriTech is unable to reproduce the Software Error at its facilities, TriTech will, at Client's request, visit Client's premises at Client's expense. If it is determined that the problem was caused by Equipment, Third Party Software, Third Party Products or Services or other non- TriTech Software causes, Client shall reimburse TriTech for its labor costs for such on site visit, at TriTech's then current rates for consulting. 3.24 "Software Support" means Telephone Support, Software Error Correction, and Software Update services provided by TriTech for the TriTech Software, either under warranty or under an annual Software Support Agreement, as more fully described in said Agreement. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 7 of 51 3.25 "Software Support Agreement" means the agreement of that name for the rendering of Software Support services entered into between the parties coincident with this agreement and renewed from time to time thereaftef. 3.26 "Source Code" means the original mnemonic or high-level statement version of the TriTech Software. 3.27 "Specifications" means (i) the functional requirements and Acceptance Test Procedure ("A TP") with respect to the CAD System and MDS, (ii) the Interface Requirements Document ("IRD") and ATP for each Interface, or Operational Scenario Document(s) ("OSD") for each Modification, and (iii) the published specifications for the Third Party Products or Equipment, which documents are incorporated by reference herein as though set forth in full. 3.28 "Standby Computer System" means (with reference to the CAD System) a server operating in a standby mode used to maintain a duplicate copy of the program and data contained in the Primary Computer System. 3.29 "Telephone Support" means the service provided by TriTech for access to the TriTech Technical Services Department by telephone, on a twenty-four (24) hour a day, seven (7) day per week basis. 3.30 "Third Party Software" means software packages specified in Addendum A-6 of this Agreement, the copyright to which is owned by persons or entities other than TriTech. 3.31 "TriTech Documentation" means any standard user manuals or other related instmctional and/or reference materials, provided by TriTech, including on-line help information and Release Notes issued in connection with Updates. In case of a conflict between written documentation (user manuals or Release Notes in printed or CD-ROM format) and on-line help information, the printed and CD ROM documentation will control. 3.32 "TriTech Software" means the Object Code version of the software specified in Addendum A-2 and A-3 of this Agreement, and any Modifications provided hereundef. 3.33 "Update" means revisions or additions to the TriTech Software and the related Release Notes. The term "Update" does not include new versions or separate modules or functions that are separately licensed and priced, or new products that are developed and marketed as separate products by TriTech. 3.34 "Use" means copying of any portion of software from a storage unit or media into a computer or Server and execution of the software thereon. This term shall be constmed to refer to a grant of reproduction rights under 17 U.S.c. 106(1), and shall not be construed to grant other rights held by the copyright owner, including without limitation the right to prepare derivative works. 3.35 "User" means the operator of a CAD or MDS Workstation that is configured to access and/or utilize the capabilities and features of the TriTech Software. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 8 of 51 3.36 "Warranty Period" means the period starting at Go Live for the TriTech Software and ending one (1) year thereaftef. The Warranty Period for Interfaces and Modifications will also end on the same date. 3.37 "Workstation" means a dispatcher station, supervisory station, or other computer input station that utilizes the functionality of the TriTech Software, whether the software resides locally or on a Servef. 3.38 "Year 2000 Compliant" means, with respect to the TriTech Software, that the TriTech Software accurately processes date/time data (including but not limited to calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology, used in combination with the TriTech Software being acquired, properly exchanges date/time data with it. 4.0 PRICES AND PAYMENT 4.1 Unless otherwise stated herein, all dollar amounts contained in this Agreement are in U.S. dollars. The Contract Price for the purchased and/or licensed items hereunder is $894,721 as more completely specified in Addendum A-7. Client shall pay the Contract Price without deduction or offset on the terms specified in Addendum A-8, pursuant to invoices issued by TriTech which shall be due upon receipt unless otherwise stated in the invoice. 4.2 All amounts due and payable to TriTech hereunder shall, if not paid when due, bear a late charge equal to one and one-half percent (1-1/2%) per month, or the highest rate permitted by law, whichever is less, from thirty (30) days after their due date until paid. 4.3 Client's funding for this Project is scheduled to terminate December 31,2007. In the event that System Acceptance as defined in section 11 herein has not been achieved by such date directly due to the negligent acts or omissions of TriTech, Client shall not be obligated for any payments to TriTech submitted subsequent to December 31, 2007. Delays caused by the acts or omissions of Client its employees, agents or other contractors, an event of Force Majeure or other non-TriTech causes shall not affect TriTech's right to receive payment subsequent to December 31, 2007. In any event, TriTech shall be entitled to receive payment for all fees, charges and expenses earned up to the date of funding termination. 5.0 TRITECH SOFTWARE LICENSE GRANT 5.1 In consideration for, and subject to, the payment of the license fee( s) specified in Addendum A-7 of this Agreement, and the other promises, covenants and conditions herein, Client is granted a nontransferable, nonexclusive right and license to Use the TriTech Software and TriTech Documentation for Client's own internal use for the applications described in the Statement of Work, at the Designated Location, in the quantity set forth in Addendum A-2 and A-3, and on the Equipment set forth in Addendum A-5. Client may make additional copies of the TriTech Software as reasonably required for archival or backup purposes, provided that such Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 9 of 51 copies contain all copyright notices and other proprietary markings contained on the original, and are kept confidential in accordance with Section 12.0 herein. 5.2 Each Workstation that is configured to utilize the functionality of the TriTech Software must have a Workstation License or full-user license under this Agreement. In addition, Client shall be entitled to have a copy of the TriTech Software residing on the Primary Server(s), the Back-up Server(s) and the Data Warehouse. 5.3 TriTech retains all rights to the TriTech Software and TriTech Documentation not expressly granted in this Agreement. Any subsequent Client purchase of additional TriTech Software licenses shall be licensed in accordance with the terms of this Agreement. 5.4 Each copy of the TriTech Software provided under this license that is not identified in Addendum A-2 of this Agreement as a Standby Copy may be used on only one Primary Computer System at anyone time. 5.5 Each copy of the TriTech Software provided under this license and identified in Addendum A-2 of this Agreement as a Standby Copy may be used in a standby mode on only one Standby Computer System at anyone time as a backup in the event of a failure, malfunction or other out of service condition of its Primary Computer System. In the event its Primary Computer System fails to operate, the Standby Computer System and the TriTech Software identified as a Standby Copy may be enabled to function in its place. When the Primary Computer System returns to its normal operational mode, the Standby Computer System and the TriTech Software identified as a Standby Copy must be returned to its standby mode. 5.6 The TriTech Software and TriTech Documentation may not be used to operate a service bureau or time-sharing service, outsourcing service, application service provider service or other services or businesses that provide computer-aided vehicle dispatching to third parties; except to the extent necessary for short term back-up support (for a limited period, not to exceed thirty (30) days, or as otherwise agreed upon by TriTech and Client) by and between Client and any other municipality or other governmental agency in the event of any catastrophe or natural disaster or other emergency situation which results in such other municipality or other governmental agency being unable to handle its own emergency calls or dispatches. Notwithstanding the above, Client shall be entitled to Use the TriTech Software at the Designated Location for the purpose of the Designated Application(s) for itself and other agencies/entities in the area within Pinellas County, Florida, provided that the TriTech Software is installed and operated at only one physical location. The TriTech Software shall not be used for other than the Designated Application(s). 5.7 Client shall not Use, copy, rent, lease, sell, sublicense, create derivative works, or transfer the TriTech Software or TriTech Documentation, or permit others to do said acts, except as provided in this Agreement. Any such unauthorized Use shall be void and may result in immediate and automatic termination of this license, at the option of TriTech. Notwithstanding the above, the TriTech Software is designed to enable Client to develop original applications which interface with the TriTech Software. The development and use of such interfacing applications is specifically permitted under the licenses herein and shall not be deemed Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 10 of 51 derivative works provided that they are not, in fact, derived from the TriTech Software or the ideas, methods of operation, processes, technology or know-how implemented therein. Other than the licenses granted herein, Client shall not acquire any right, title or interest in the TriTech Software by virtue of the interfacing of such applications, whether as joint owner, or otherwise. Likewise, TriTech shall not acquire any right, title or interest in such Client developed non- derived applications, whether as owner, joint owner or otherwise. 5.8 The TriTech Software license granted in this Agreement is for Object Code only and does not include a license or any rights to Source Code except as otherwise provided under Section 15.0 (Source Code Escrow). Without limiting the generality of the foregoing, except as provided in Section 15.0, Client is specifically prohibited from accessing, copying, using, modifying, distributing or otherwise exercising any rights to such Source Code, even if such Source Code is loaded on the Equipment. The loading and/or using of Source Code to the TriTech Software by TriTech or its employees, agents or contractors on the Equipment or any other computer system equipment at the Designated Location or any other location associated with Client shall not constitute a waiver of this provision, or any express or implied license or other permission to copy, use or exercise other rights to the Source Code. 5.9 Client may not export the TriTech Software or TriTech Documentation outside the United States without further written agreement of the parties. In the event of such agreed export, Client agrees to comply with the requirements of the United States Export Administration Act of 1979 and any amendments thereto, and with all relevant regulations of the Office of Export Administration, U.S. Department of Commerce. 5.10 This TriTech Software license is effective until surrendered or terminated hereundef. 5.11 Client may surrender this Agreement and the TriTech Software license at any time by performing the actions described in paragraph 16.3 of this Agreement. Such surrender shall not affect TriTech's right to receive and retain the Contract Price and other fees, charges and expenses earned hereundef. 6.0 THIRD PARTY SOFTWARE LICENSE 6.1 Title to any Third Party Software and Third Party (software) Products provided to Client by TriTech under this Agreement remains with the owner of such software and is provided to Client under the owner's license agreement, which Client agrees to be bound by, sign and return to TriTech for further forwarding to the vendor thereof. Client acknowledges and agrees that TriTech is not a party to these third party licenses and that all warranties, remedies and maintenance for such software are provided by the applicable vendof. 7.0 DELIVERY, INSTALLATION, TITLE AND RISK OF LOSS 7.1 TriTech will make reasonable efforts to effect Delivery of the items purchased and/or licensed hereunder pursuant to the Statement of Work, subject to the provisions of the FORCE MAJEURE/EXCUSABLE DELAY section (23.0) of this Agreement, and further subject to delays caused by the actions or omissions of Client, including, but not limited to, Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 11 of 51 delays in approval of the Specifications and/or Acceptance Test Procedures, training, system configuration, DOLF participation and/or Acceptance testing. 7.2 Unless otherwise specified in the Statement of Work, the Equipment and Third Party Software shall be first delivered to TriTech's facilities in San Diego for CAD System configuration (less Interfaces and CAD Modifications), interoperability testing and conduct of the DOLF process. (The DOLF process is more fully described in Section 11 of this Agreement and in the Statement of Work.) Upon completion of the DOLF process, the CAD System shall be delivered to the Designated Location to prepare for Go Live. 7.3 TriTech will Deliver and Install the CAD System and MDS (less Interfaces and applicable Modifications) as described in the Statement of Work. (Interfaces and Modifications will usually be Installed at a later time pursuant to the mutual agreement of the parties reached in connection with development and approval of the applicable IRDs.) The completion of Installation of these systems requires certain actions by the Client, as more fully set forth in the Statement of Work. The Delivery and Installation schedule set forth herein is contingent upon the Client's timely completion of its required actions. Delays by the Client in completing its required actions, or delays beyond TriTech's control as described under Section 23.0 of this Agreement, may cause a modification to the Delivery and Installation schedule and procedure. In the event of such delays, the Delivery and Installation schedule shall be revised as mutually agreed to by the Parties in writing. In the absence of such agreement, the schedule will be adjusted on a day for day basis, or as otherwise required as a result of the delay(s). 7.4 Following Delivery and Installation, TriTech will provide the Client with training as specified in the Statement of Work. If the Client is not available for training at the scheduled time, a revised training schedule will be established based upon the mutual agreement of TriTech and the Client. Any delay in performance of this Agreement resulting from such changes to the training schedule shall be deemed to be an Excused Delay under Section 23.0 herein and shall not result in a breach of this Agreement by TriTech. 7.5 TriTech will initiate User, Train the Trainer, and System Administrator training and practical lab, pursuant to the provisions of the applicable TriTech training program and as specified in the Statement of Work. 7.6 Implementation of Live Operations with the CAD or MDS shall not occur (except for operations necessary to conduct Acceptance Tests pursuant to the Acceptance Test Procedure referred to in Section 11.0) until completion of the Acceptance Test Procedure and Acceptance of the CAD System and MDS by Client. 7.7 Implementation of the Interfaces, and Modifications if applicable, will be based upon the schedule set forth in the Statement of Work or otherwise mutually agreed upon by TriTech and the Client. 7.8 Client shall perform the Client Required Actions described in the Statement of Work in a timely manner. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 12 of 51 7.9 Title to the TriTech Software shall remain with TriTech and title to the Third Party Software shall remain in the respective owner(s) of that software. TriTech retains a security interest in the items acquired hereunder as more fully provided in the SECURITY INTEREST section of this Agreement. 7.10 Risk of loss of any Deliverable provided by TriTech, shall be borne by TriTech until Delivery of the Deliverable to Client. Thereafter, the risk of loss shall be borne by Client. 7.11 Client shall pay all freight charges associated with Delivery of the CAD System and any Third Party Products provided under this Agreement (including initial delivery to TriTech's facilities and final Delivery to the Designated Location). Shipping charges are included as a line item in the Contract Price (Addendum A-7), and shall be paid according to the payment terms in Addendum A-8. 8.0 SITE PREPARATION 8.1 Client agrees to provide, at its own expense, those required facilities and equipment specified in the Site Preparation and Support Connectivity Guide (Addendum A-I0), or as otherwise specified by TriTech in writing, to meet the equipment/software configuration requirements and the requirements for proper electrical power quality and other computer facility resources. Client shall also provide and maintain during the term of this Agreement a high speed data connection (as more fully defined in the Site Preparation and Support Connectivity Guide), a separate data quality telephone modem line and a dedicated voice line (in each case as specified by TriTech) for maintenance and software support purposes in each physical area where a Server or interface equipment is located. Such facilities and equipment shall be in place and operational prior to Delivery of the items purchased and/or licensed under this Agreement. 8.2 TriTech shall assist Client in meeting its obligations under this section by providing the necessary guidelines and specifications for site preparation. 9.0 SECURITY INTEREST 9.1 TriTech retains and Client hereby grants to TriTech a purchase money security interest in the TriTech Software Licenses, Equipment, Third Party Software licenses, and Third Party Products acquired hereunder and in all accessions to, replacement of, and proceeds from said items, as security for the payment of the Contract Price, but only to the extent of any portion of the Contract Price which is unpaid. As used in this paragraph, "proceeds" include whatever is receivable or received when proceeds or collateral is sold, collected, exchanged or otherwise disposed of, whether such disposition is voluntary or involuntary, and includes, without limitation, all rights to payment, including return premiums, with respect to any insurance related thereto. (Nothing herein shall be deemed to grant or constitute a right to Client to transfer the software licensed hereunder to any third party.) Client shall, at TriTech's request, sign a financing statement and such other documents as TriTech reasonably requires to perfect its security interest. Such security interest and any financing statement which is filed of record shall be released upon full payment of the Contract Price. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 13 of 51 9.2 Until full payment of the Contract Price is made, Client shall maintain the items purchased/licensed under this Agreement in good order and repair at Client's expense, except as otherwise provided under the warranty provisions of this Agreement or any applicable third party warranty, and shall use such items in a manner that will not subject them to waste or deterioration outside of normal wear from Client's use in its normal day to day operations. 9.3 Client shall not, without the prior written consent of TriTech, sell, lease, encumber or otherwise dispose of the items purchased under this Agreement until TriTech's security interest hereunder has been released. (Nothing in the foregoing shall be deemed to grant or imply any license or other right to Client to sell, lend, rent, lease or otherwise transfer the TriTech Software to a third party.) 9.4 Should Client (i) fail to pay any amount specified in this Agreement when it becomes due, or within the grace period set forth in Section 4 and Section 16.1, (ii) fail to perform any provision of this Agreement to be performed by it (or in the case of failures not reasonably susceptible to cure within thirty (30) days of receipt of written notice of such failure, Client commences action to cure such failure within such period and continues such action with due diligence until the failure is cured), (iii) make an assignment for the benefit of creditors, (iv) suffer the appointment of a receiver for any substantial part of its assets, (v) institute any proceedings for dissolution or full or partial liquidation, or (vi) commence proceedings in bankruptcy for liquidation or reorganization, Client shall be in default of this Agreement under Division 9 of the Uniform Commercial Code, and TriTech shall have the rights and remedies afforded a secured party by the chapter of "Default" of Division 9 of the Uniform Commercial Code then in effect, subject to paragraph 16.1 herein. In conjunction with the above-named chapter, but not by way of limitation, TriTech may: 9.4.1 Require Client to permanently remove the TriTech Software and/or Third Party Software from Client's computers or other storage media or locations and make all such items available to TriTech at Client's premises or such other location as is mutually agreed by the parties. 9.4.2 Render said software unusable. 9.4.3 Apply the proceeds received from the sale or other disposition of the software acquired hereunder, in addition to the items specified in Division 9 of the Uniform Commercial Code, against payment of reasonable attorneys' fees and legal expenses incurred by TriTech as a result of Client's default. 10.0 TRITECH SERVICES 10.1 TriTech will provide those services specified in the Statement of Work. Any services desired by Client in excess of those specified in this Agreement or the Statement of Work will be subject to the availability and scheduling of TriTech personnel and to TriTech's then-current rates, plus expenses. Prior to performing any of the aforementioned additional services, TriTech will provide a written quotation detailing the associated price to be paid for such services. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 14 of 51 10.2 TriTech shall appoint a competent TriTech Project Manager to act as its representative and single point of contact, and to monitor its employees and vendors in the Delivery and Installation of the systems provided under this Agreement. TriTech's Project Manager will coordinate and meet with the Client Project Manager as may be reasonably required to discuss any operational issues or the status of the Project. TriTech shall not change TriTech Project Managers without Client's prior written approval, which approval shall not be unreasonably withheld or delayed. In the event of unforeseen circumstances such as, but not limited to, termination, illness, or death, TriTech may appoint a replacement TriTech Project Manager of equivalent skill level, and shall notify Client with as much written notice as is reasonably possible. 10.3 Reasonable direct travel costs incurred by TriTech in connection with services rendered under this Agreement shall be paid by Client, payable upon receipt of TriTech's invoice for such costs. TriTech shall provide Client with an estimate of travel costs for Client's written approval prior to incurring such travel costs. 11.0 ACCEPTANCE 11.1 General. Testing of the CAD System and MDS shall occur throughout the Project life cycle as further defined in the Statement of Work (SOW). Prior to conducting Acceptance testing as defined below, the Client shall receive for review, Acceptance Test Procedures (ATP's) for the System and Subsystems. Upon approval by the Client of the ATPs, TriTech shall perform the ATPs with the Client's participation in accordance with the Project plan. Individual test cases within the A TP shall have a pass/fail criteria and with results reported to the Client when the individual tests are complete with a Test Report. 11.2.1 Pre-Go Live. Following completion of the DOLF process (which is further defined in the Statement of Work) the CAD System will be Delivered and Installed at the Designated Location. Pre-Go Live CAD System tests will be performed by TriTech and Client using the Client approved ATP. Upon successful completion of the ATP, the Client shall provide written approval of the test results and written approval that the CAD System is ready for Go Live ("Pre-Go Live Acceptance"). Such pre-Go Live Acceptance shall occur at least thirty (30) days before the actual Go Live date. Issues detected during pre-Go Live CAD System testing which do not affect the Go Live readiness of the CAD System shall be documented by TriTech and the Client and a plan and timetable for resolving such issues developed. 11.2.2 Final Acceptance of the CAD System. Upon Go-Live, Client will conduct a thirty (30) day final Acceptance test to verify operational system functionality in a live dispatch environment. If no Critical Priority Software Errors (as that term is defined in Addendum B) are detected during such thirty (30) day period, the Parties shall mutually agree in writing that the CAD System has achieved Final Acceptance. Upon Go Live, Software Errors shall be corrected and support shall be provided in accordance with Addendum B, Support During the Warranty Period. Following the Warranty Period, support shall be provided in accordance with the Software Support Agreement. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 15 of 51 11.2 CAD Modifications. Based upon the project schedule developed with the Client, TriTech shall deliver to the Client a draft IRD for the CAD Modifications described in the Statement of Work. After approval of the IRD, TriTech shall deliver one or more Acceptance Test Procedures ("ATP") for the Modifications for review. Upon Delivery and Installation of a CAD Modification Deliverable, TriTech will test Modifications individually and retest pre-Go Live as a group as part of a system test. 11.3.1 Acceptance of each CAD Modification Deliverable shall occur when (i) the parties jointly acknowledge Acceptance, (ii) Client conducts a final Acceptance test in accordance with the applicable ATP within fifteen (15) days of Go Live for the Modification and said Acceptance Test Period for the Deliverable has passed without Client notification to TriTech of uncorrected material failure(s) of the Deliverable to perform as provided in the ATP, or (iii) Client uses the Deliverable for Live Operations, whichever occurs earlier. 11.3 Interfaces. Based upon the project schedule developed with the Client, TriTech shall deliver to the Client a draft IRD for each Interface. After approval of the IRD, TriTech shall deliver an Acceptance Test Procedure ("A TP") for the Interface. Upon Delivery and Installation of an Interface Deliverable, TriTech will test Interfaces individually and then retest pre-Go Live as a group as part of a system test. 11.4.1 Acceptance of each Interface shall occur when (i) the parties jointly acknowledge Acceptance, (ii) Client conducts a final Acceptance test in accordance with the applicable A TP within fifteen days of pre-Go Live testing of the Interface and said Acceptance Test Period for the Interface has passed without Client notification to TriTech of uncorrected material failure(s) of the Interface to perform as provided in the ATP, or (iii) Client uses the Interface for Live Operations, whichever occurs earlier. 11.4 MDS Acceptance. Client will receive Train the Trainer trammg, as further defined in the Statement of Work, on the operational use and installation of VisiNet Mobile. TriTech will Deliver and configure, to the Client's requirements, the VisiNet Mobile software to the Designated Location and provide installation services on at least one (1) mobile unit. Installation of the remaining mobile units will be conducted by Client. TriTech's project team will test the system configuration and functionality on the TriTech installed mobile unit by rnnning the approved A TP with the Client. TriTech and Client will document any issues detected and agree upon any required resolution plan. At the conclusion of the above-described installation and testing the parties shall jointly acknowledge system Acceptance. Client is responsible for mobile server and unit connectivity to the mobile network infrastrncture and the wireless network. 12.0 CONFIDENTIALITY AND PROPRIETARY RIGHTS 12.1 The copyright to the TriTech Software and TriTech Documentation is owned by TriTech. Said software and documentation is licensed, not sold. Nothing in this Agreement shall be constrned as conveying title in the TriTech Software or TriTech Documentation to Client. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 16 of 51 12.2 Provided that Client's confidential business information and confidential data is marked with the legend "CONFIDENTIAL INFORMATION", "PROPRIETARY INFORMATION", or a substantially similar legend, TriTech agrees to maintain Client's confidential business information and confidential data, including patient identifying data, to which TriTech gains access in confidence and to not disclose such information except as required to perform hereunder or as required by law. If such confidential or proprietary information is disclosed to TriTech orally, Client shall, within five (5) business days of the disclosure, document the disclosure in writing, which writing shall be marked with the above- described legend. Notwithstanding the above, TriTech shall own the copyrights, trade secrets, patent rights and other proprietary rights in and may use without restriction knowledge, information, ideas, methods, know-how, and copyrightable expression learned or acquired as a result of or in connection with this Agreement to make modifications and enhancements to the TriTech Software or TriTech Documentation. Client shall acquire no rights to the TriTech Software or TriTech Documentation as a result of such use, whether as author, joint author, or otherwise. 12.3 Client understands and agrees that the TriTech Software and TriTech Documentation including, but not limited to, the Source Code, Object Code, the IRDs and A TPs, the Statement of Work, the software design, strncture and organization, software screens, the user interface and the engineering know-how implemented in the software constitute the valuable properties and trade secrets of TriTech, embodying substantial creative efforts which are secret, confidential, and not generally known by the public, and which secure to TriTech a competitive advantage. 12.4 Client agrees during the term of this license, and thereafter, to hold the TriTech Software and TriTech Documentation, the IRDs, the ATPs and the Statement of Work, including any copies thereof and any documentation related thereto, in strict confidence and to not permit any person or entity to obtain access to it except as required for Client's exercise of the license rights granted hereunder. 12.4.1 Without limiting the generality of the foregoing, except as provided in Section 15.0 (Source Code Escrow), in the event Source Code is loaded on the Equipment, or other computer system equipment at the Designated Location or any other location in connection with TriTech's performance under this Agreement, or for any other purpose, Client shall keep such Source Code strictly confidential and shall not, without the written authorization of TriTech, access, use, copy, modify, distribute, disclose or otherwise exercise or permit the exercise of any rights to such Source Code by any person, including but not limited to Client's employees, agents or contractors. This provision is intended by the parties to prohibit, among other things, Client access to Source Code by any person and for any reason unless expressly authorized by Section 15.0 (Source Code Escrow) herein. 12.5 Client shall not attempt or authorize others to attempt to learn the trade secrets, technology, ideas, processes, methods of operation, know-how and/or confidential information contained in the TriTech Software or TriTech Documentation by duplication, decompilation, disassembly, other forms of reverse engineering, or other methods now known or later developed. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 17 of 51 12.6 Client shall inform TriTech promptly in wntmg of any actual or suspected unauthorized Use, copying, or disclosure of the TriTech Software, TriTech Documentation or related materials. 12.7 Client acknowledges that the information contained in Addenda to this Agreement which is marked with the legend "PROPRIETARY DATA" contains and consists of TriTech's trade secrets and confidential information which may not be copied, disclosed, distributed or otherwise disseminated to third parties without the written authorization of TriTech. Client shall comply with said legend in all respects and shall promptly inform TriTech of any unauthorized disclosure of such information. 12.8 If any TriTech provided information or material used in or related to the Project, including but not limited to the TriTech Software, the TriTech Documentation, the IRDs, the ATPs, the Statement of Work, or the Proprietary Data in this Agreement (collectively "TriTech Proprietary Information") is subject to any Federal or State statutes(s) providing for public access or disclosure of public records, documents or other material, Client shall (i) provide to TriTech written notice of any request or other action by a third party under said statute(s) for release, access, or other disclosure thereof, (ii) provide to TriTech a reasonable opportunity to respond to and/or oppose such action in the appropriate fornm, failing which Client may disclose such information or material so requested to the extent required by such statute(s), and (iii) take such steps as are permitted under said statutes to assert in response to such action any exemptions or other protections available thereunder to prevent, restrict and/or control the public release, access and/or disclosure of the TriTech Proprietary Information. Without limiting the generality of the foregoing, if Client determines after consultation with legal counsel that an exemption from public disclosure does not apply with respect to a request for release under said statutes, it shall advise TriTech of such determination in writing, give TriTech a reasonable opportunity (not less than thirty (30) days) to file an action to oppose such release in a court of competent jurisdiction and, if TriTech does not file such action, or if after the filing of such action the court makes a final order that an exemption does not apply and that release should occur pursuant to the statute, comply with such request or order as required under applicable law. 12.9 The obligations specified under the CONFIDENTIALITY AND PROPRIETARY RIGHTS section of this Agreement shall survive the termination or rescission of this Agreement. 13.0 LIMITED WARRANTIES 13.1 TriTech warrants that, during the Warranty Period, the TriTech Software will perform in material substantial conformity with the Specifications. During the Warranty Period, TriTech shall provide Software Support, as more fully described in Addendum B. Software support on a 24x7 basis will begin at Go Live. Support fees for such 24x7 Software support will be invoiced under the Software Support Agreement to be entered into coincidental with this Agreement. 13.2 TriTech further represents and warrants that the TriTech Software, including Updates thereto, shall be Year 2000 Compliant. However, the foregoing warranty is subject to Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 18 of 51 and conditional upon (i) Client operating the most current version of the TriTech Software offered to it, (ii) Client maintaining in force a current Software Support Agreement for the TriTech Software and (iii) Year 2000 Compliance of hardware, firmware, software, data and other facilities with which the TriTech Software operates, interfaces or otherwise communicates. TriTech makes no Year 2000 representations or warranties, express or implied, with respect to hardware, firmware, software, data or other facilities manufactured, developed and/or provided by third parties. Client's remedy with respect to the foregoing warranty shall be to receive an Update to the TriTech Software that is Year 2000 compliant. 13.3 TriTech further warrants and represents that the TriTech Software does not contain any "back door", "time bomb", "Trojan horse", "worm", "drop dead device" or other program routine or hardware device inserted and intended by TriTech to provide a means of unauthorized access to, or a means of disabling or erasing any computer program or data, or otherwise disabling the CAD System. (Nothing herein shall be deemed to constitute a warranty against virnses. The provisions of paragraph 13.5.5, below, shall constitute the agreement of the parties with respect to virnses.) Client's sole remedy with respect to the foregoing warranty shall be to receive an Update to the TriTech Software that does not contain any of the above-described routines or devices. 13.4 Equipment, Third Party Software and/or Third Party Products acquired under this Agreement are warranted by the manufacturers or licensors thereof, not by TriTech. TriTech shall pass through to Client any third party warranties granted to it. If, during the warranty period for an item of Equipment, Third Party Software or Third Party Products, Client determines that it does not perform as warranted, Client shall contact TriTech using the procedures described in Addendum B. TriTech shall perform Help Desk functions by receiving calls and providing reasonable assistance to Client in determining the causes of the reported problem and in assisting Client in making claims under applicable third party warranties. Notwithstanding the above, TriTech makes no warranties, express or implied, with respect to such Equipment, Third Party Software or Third Party Products except that, during the Warranty Period for the TriTech Software, the TriTech Software shall be compatible therewith (i.e., shall communicate, share data and otherwise work together without additional software or hardware not provided under this Agreement) provided that the Equipment, Third Party Software and Third Party Products are used and maintained by Client as specified or instrncted by TriTech, or the respective vendors thereof, provided further that such items have not been changed since the Delivery thereof such that the TriTech Software is no longer compatible without modification, and provided further that such items are Year 2000 Compliant (as that term is defined herein). 13.4.1 Notice: The design of keyboards, computer disks, chairs and other items in the workplace ("ergonomic characteristics") affect the comfort, efficiency and safety of such items with respect to people who use them. Such ergonomic characteristics are determined by the manufacturer of such items, and the manner of their use in the workplace. To the extent allowed by law, TriTech disclaims all warranties, express or implied, with respect to the ergonomic characteristics of said items. Client shall adopt and regularly practice generally accepted workplace safety practices to promote safety and prevent injury from the use of such items and shall hold TriTech harmless from and against all claims, actions or proceedings related to the ergonomic characteristics of such items and injuries related to or caused therefrom. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 19 of 51 13.5 If the TriTech Software is unable to function as warranted due to anyone or more of the following factors, additional charges may be imposed by TriTech for actions necessary to correct or work-around such factors: 13.5.1 Modification of the TriTech Software, Third Party Software or Equipment by Client or a third party whether or not permitted hereunder. 13.5.2 Misuse or neglect, including without limitation failure to use the TriTech Software as described in the TriTech Documentation, or other instrnctions provided by TriTech. 13.5.3 Software not provided by TriTech, not approved by TriTech in writing or not specified as compatible in the TriTech Documentation. 13.5.4 Equipment which does not meet the configuration requirements specified in the TriTech Documentation, by failure of Client to provide and maintain the site and facility requirements described in Section 8.0 herein, or the use of "clones" (generic "look-alike" equipment) as substitutes for the Equipment listed in Addendum A-5, except to the extent explicitly approved by TriTech in writing. 13.5.5 Computer virnses that have not been introduced into Client's system by TriTech. Client shall maintain up to date virns checking software and shall check all software received from TriTech or any other person or entity for virnses before introducing that software into any part of the CAD System including, but not limited to, Workstations or Servers. If desired by Client, TriTech will provide Updates on media rather than direct downloading to facilitate this virns checking. If, despite such check, a virns is introduced by TriTech, TriTech will provide a virns-free copy of the TriTech Software, and will, at its expense, reload said software (but not Client's data) on Client's Equipment. Client shall be responsible for reloading its data and, to that end, shall practice reasonable back-up procedures for the CAD system to mitigate the consequences of any virns. 13.5.6 Third Party Software, including but not limited to operating system software. 13.5.7 Lack of Year 2000 Compliance of hardware, firmware, software, data or other items manufactured, developed and/or otherwise provided by Client or third parties, including but not limited to Equipment, Third Party Software and/or Third Party Products. 13.5.8 Equipment or software provided by third parties with which the TriTech Software interfaces or operates (including but not limited to Third Party Software and/or Third Party Products), including but not limited to problems caused by changes in such equipment or software. If such changes occur which require modifications or other actions with respect to the TriTech Software, such modifications or actions shall (unless identified in the Addendum A-4 as a line item in this Agreement) be subject to the mutual written agreement of the parties, including but not limited to, additional charges by TriTech at its then current rates for engineering and technical support. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 20 of 51 13.6 After the Warranty Period, TriTech's obligations with respect to operation of the items purchased and/or licensed hereunder shall be as specified in the MAINTENANCE AND SOFTWARE SUPPORT section of this Agreement. 13.7 If mapping information is supplied with the TriTech Software, TriTech makes no representation or warranty as to the completeness or accuracy of the mapping data provided with the TriTech Software. The completeness or accuracy of such data is solely dependent on the information supplied by the Client or the mapping database vendor to TriTech. 13.8 Problems in the TriTech Software or transmission of data caused by wireless services are not warranted by TriTech, or covered under the terms of this Agreement. Client's use of services provided by wireless service providers or carriers, and the security, privacy, or accuracy of any data provided via such services is at Client's sole risk. 13.9 Client is responsible for maintaining the required certifications for access to Client's state CJIS system(s), NCIC and/or other local state, federal and/or other applicable systems. 13.10 TRITECH MAKES AND CLIENT RECEIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14.0 MAINTENANCE AND SOFTWARE SUPPORT 14.1 Annual TriTech Software Support shall begin upon expiration of the Warranty Period, under the terms of a Software Support Agreement to be entered into between the parties. On or before expiration of the Warranty Period, and at each annual anniversary thereof, TriTech shall provide to Client a Software Support Renewal Agreement for signature and payment of the then-current Software Support fees, provided, however, that the rate for Support fees charged to Client is not greater than the lower of such rates offered to other similarly situated Clients of TriTech. TriTech reserves the right to change the terms and conditions for Software Support at the time of renewal by written notice to Client provided, however, such services shall in no event be less than Client provided during the Extended Warranty Period. The rendering by TriTech of Software Support for the coming year shall be subject to Client executing the Software Support Renewal Agreement and paying the applicable Software Support fee(s). 14.1.1 If Client fails to keep an annual Software Support Agreement in effect, any later resumption of annual Software Support services by TriTech shall be subject to payment by Client of all past unpaid annual Software Support fees in addition to the Software Support fee for the current support year. Client acknowledges and agrees that the preceding clause is reasonable in light of the fact that the expenses incurred and resources devoted by TriTech to further development, enhancement and support of the TriTech Software must be spread over TriTech's customer base and fairly shared by all TriTech Software users. 14.1.2 In the absence of a currently effective annual Software Support Agreement, any Telephone Support, Software Error correction and/or software Update services Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 21 of 51 requested by Client and agreed to by TriTech shall be subject to TriTech's support policies then in effect, the availability of its support personnel and resources and its then current time and material rates, plus Update license fees, expenses and other charges. 14.1.3 Notwithstanding anything to the contrary herein, Software Support for the TriTech Software shall be subject to and conditional on Client's implementation and use of a version of the TriTech Software that is the most current production version thereof made available to Client. If Client does not implement the most current production version when it is made available, TriTech shall only be obligated to provide Software Support for Client's version of the TriTech Software for a period of twelve (12) months thereafter. 14.2 If, at any time after installation of the TriTech Software, Client desires to load on a CAD Workstation any software not provided by TriTech, it shall, before loading such software, follow the procedures in the then current Client Support Services Manual, and contact the TriTech Technical Services Department at the telephone numbers listed in Addendum B. Such action shall not constitute approval, express or implied, unless approval for the loading of specific software on a CAD Workstation, nor any express or implied warranty, representation or other obligation by TriTech with respect to such software, including but not limited to its suitability, operability or capability to meet Client's needs or expectations. In no event will such third party software be installed on a Server. Client agrees that if the loading of such third party software degrades the performance of the CAD System, Client shall immediately uninstall such software. Client shall absolve, discharge and release TriTech from any obligations or liabilities related to operation or performance of the CAD System, the TriTech Software, or any other item provided by TriTech under this Agreement, including but not limited to any liabilities for damages related thereto in connection with the installation of such third party software. 14.3 Changes in Third Party Software, Third Party Products, or Equipment: Unless listed as a line item in Addendum A-4, TriTech Software Support shall not include design, engineering, programming, testing, implementation or other services rendered necessary by changes in Third Party Software, Third Party Products, or Equipment ("Third Party Changes"). Any such services shall be subject to additional charges by TriTech and the mutual written agreement of the parties as to the terms and conditions under which such services are rendered. Absent such agreement, TriTech shall be under no obligation, express or implied, with respect to Third Party Changes or modifications to the TriTech Software resulting therefrom. 14.4 Equipment: Maintenance and support for the Stratus products provided hereunder will be provided as described in 14.5 below. Maintenance and support for all other Equipment sold hereunder is not included under this Agreement. However, since proper computer equipment maintenance is required for proper system operation, Client agrees to acquire and keep in force computer and peripheral equipment maintenance agreements for the equipment used to operate the TriTech Software or to provide such maintenance in-house with qualified personnel. If Client determines that an item of Equipment provided under this Agreement does not perform as provided in the applicable specifications, Client may, provided that a current Software Support Agreement with TriTech is in force, contact TriTech using the procedures described in Addendum B. TriTech shall thereupon provide Help Desk services to Client with respect to the reported problem. Notwithstanding the above, TriTech is not and shall not be a Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 22 of 51 party to such third party maintenance agreements nor shall TriTech have any obligation or liability thereunder. 14.5 Support and maintenance for the Stratus ftServers™ and related Stratus products will be provided to Client by Stratus as a subcontractor to TriTech. For other than automatically generated calls, Client shall first notify TriTech of any system errors involving the Stratus ftServers™ or other Stratus products. Support and maintenance for the Stratus products is more fully described in Addendum C, Hardware and Software Maintenance and Support Agreement for Stratus ftServer™. 15.0 SOURCE CODE ESCROW 15.1 Subject to payment of the applicable escrow fees by Client and Client's execution of the applicable escrow documents, TriTech shall, on or before the occurrence of Go Live for the TriTech Software (less Interfaces and CAD Modifications), enroll Client as a Preferred Beneficiary of TriTech's Source Code escrow account with Iron Mountain Intellectual Property Management. The location of the escrow shall be Iron Mountain's storage facilities in Norcross, GA. Client shall pay all escrow fees and expenses associated with the Escrow, including but not limited to first year fees, renewal year fees, and fees for additional services, if any, selected by Client. Each month, TriTech shall deposit in Escrow updated Source Code containing (i) all Updates to the TriTech Software released during the preceding month and (ii) any Modification and/or Interfaces released for live operations during the preceding month. Source Code Escrow shall be kept in effect until (i) Client gives TriTech written notice of termination of the escrow, (ii) the escrow is canceled by the Escrow Agent due to non-payment of escrow charges by Client, or (iii) this Agreement is terminated. Source Code released under the terms of the Source Code Escrow Agreement shall be deemed part of the TriTech Software hereunder, subject to the terms and conditions of this Agreement, including but not limited to the license terms in Section 5.0, except as modified below. 15.2 Source Code shall be released to Client only upon the occurrence of and only during the duration of one of the following conditions: 15.2.1 TriTech's persistent and uncured failure to carry out or provide for the carrying out of material warranty or Software Support obligations imposed upon it pursuant to this Agreement or any Software Support Agreement between the parties with respect to the TriTech Software, which failure persists for a period of 30 days after written notice from Client to TriTech asserting such failure and the intention to demand a release of Source Code from escrow, or 15.2.2 TriTech's failure to continue to do business in the ordinary course without providing an alternate source of warranty or Software Support, which is directly comparable to the warranty and/or Software Support provided herein by a ready, willing and able assignee. 15.3 The escrowed Source Code and other material released to Client hereunder shall be subject to all of the terms and conditions of this Agreement, including without limitation the Confidentiality provisions herein, except as specifically modified in this paragraph. Without Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 23 of 51 limiting the generality of the foregoing, the Source Code shall, except for periods of actual use, be kept in a secure, locked container and a secure protected computer file with access limited only to those with a need to know for purposes of software maintenance. Any person or entity granted access shall be required to agree in writing to comply with this paragraph. TriTech shall, upon request, be provided with a copy of such agreement(s). 15.4 Provided that a release of Source Code is made in accordance with the terms of the Escrow Agreement, Client is granted a license to copy and Use the Source Code for the sole purpose of software maintenance. For purposes of these Source Code Escrow provisions, the term "software maintenance" means correction of software errors and preparation of software modifications and enhancements. If Client creates new and original computer code not derived from the TriTech Software or the ideas, processes, methods of operation, technology or know- how implemented therein, in the process of software maintenance, the intellectual property rights (including copyright, patent and trade secret) in and to that specific new and original code shall be owned by Client. However, if Client's enhancements or other modifications result in the creation of a derivative work from the TriTech Software, or a work based upon the ideas, processes, methods of operation, technology or know-how implemented therein, the intellectual property rights (including copyright, patent and trade secret) in and to such work shall be owned by TriTech and Client's rights to use such work shall be limited to those granted with respect to the TriTech Software in this Agreement. No rights to distribute Source Code or derivative works therefrom are granted hereunder. 16.0 DEF AUL T AND TERMINATION 16.1 TriTech may terminate this Agreement and the TriTech Software licenses granted herein at any time if (i) Client fails to comply with any material term or condition of this Agreement unless (a) in the case of failure to pay monies due to TriTech, Client cures such failure within fifteen (15) days after written notice of such failure by TriTech or (b) in other cases, Client cures such failure(s) within thirty (30) days of such notice or in the case of failures not reasonably susceptible to cure within thirty (30) days, Client commences action to cure such failure within such period and continues such action with due diligence until the failure is cured, or (ii) Client's normal business operations are actually discontinued for more than thirty (30) days by reason of insolvency, bankruptcy, receivership or business termination. Such termination shall not affect TriTech's right to receive and retain the Contract Price and other fees, charges and expenses earned hereunder. 16.2 Client may terminate this Agreement if (i) TriTech fails to comply with any material term or condition of this Agreement unless (a) TriTech cures such failure within thirty (30) days after written notice thereof from Client or (b) in the case of failures not reasonably susceptible to cure within thirty (30) days, TriTech commences action to cure such failure within such period and continues such action with due diligence until the failure is cured (if TriTech has been unable to cure such failure with ninety (90) days after written notice thereof, TriTech and Client shall negotiate in good faith an extended time period for such cure), or (ii) TriTech's normal business operations are disrnpted or discontinued for more than thirty (30) days by reason of insolvency, bankruptcy, receivership or business termination and no successor or assignee is Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 24 of 51 appointed who is ready, willing and able to assume and perform TriTech's executory obligations under this Agreement. 16.3 Non-appropriation of Funds. In the event that Client's funding for this Agreement is terminated or reduced, Client may terminate this Agreement upon thirty (30) days written notice to TriTech. Such termination shall not affect TriTech's right to receive and retain the fees, charges, and expenses earned hereunder up to the date of termination. 16.4 Upon termination, Client shall permanently remove and destroy all copies of the TriTech Software from its computer system, media, or other locations, destroy all copies of the TriTech Documentation and associated materials and certify to TriTech in writing that Client has performed said actions and has not retained or permitted others to retain any such copies whether on a computer system or Server, hard copy or CD-ROM, magnetic or other media, backup or archival copies, or otherwise. 17.0 LIABILITY 17.1 TriTech shall indemnify, defend, save, and hold Client harmless from any and all claims, lawsuits or liability, including attorneys' fees and costs, allegedly arising out of, in connection with, or incident to any loss, damage or injury to persons or property or arising from a wrongful or negligent act, error or omission of TriTech, its employees, agents, contractors, or any subcontractor as a result of TriTech's or any subcontractor's performance pursuant to this contract; however, TriTech shall not be required to indemnify Client for any claims or actions caused to the extent of the negligence or wrongful act of Client, its employees, agents, or contractors. Notwithstanding anything to the contrary in the foregoing, if a claim, lawsuit or liability results from or is contributed to by the actions or omissions of Client, or its employees, agents or contractors, TriTech's obligations under this provision shall be reduced to the extent of such actions or omissions based upon the principal of comparative fault. 17.2 Notwithstanding the foregoing, the total liability of TriTech for any claim or damage arising from or otherwise related to this Agreement, whether in contract, tort, by way of indemnification or under statute shall be limited to direct damages which shall not exceed (i) the Contract Price, or (ii) in the case of bodily injury, personal injury or property damage, as a result of failure of the TriTech Software to perform in accordance with the Specifications, for which defense and indemnity coverage is provided by TriTech's insurance carrier, the coverage limits of such insurance. 17.3 IN NO EVENT SHALL TRITECH OR ITS SUPPLIERS BE LIABLE WHETHER IN CONTRACT OR IN TORT FOR LOST PROFITS, LOST SAVINGS, LOST DATA, LOST OR DAMAGED SOFTWARE, OR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF, OR OTHERWISE RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER TRITECH HAS NOTICE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. 17.4 Nothing herein shall be constrned to waive or modify the provisions of section 768.28, Florida Statutes or the doctrine of sovereign immunity. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 25 of 51 18.0 INSURANCE 18.1 Beginning at the start of TriTech's performance under this Agreement and ending when TriTech is no longer providing to Client annual Software Support for the TriTech Software, TriTech shall maintain in force a policy of General Liability Insurance with coverage limits of $1,000,000 per occurrence, $2,000,000 aggregate. 18.2 TriTech shall cause Client to be added as an additional insured to the above- described policy. 19.0 COPYRIGHT & PATENT INFRINGEMENT 19.1 TriTech will at its expense defend against any claim, action or proceeding by a third party ("Action" herein) for infringement by the TriTech Software of copyright or trade secrets, provided that Client immediately notifies TriTech in writing of such Action and cooperates fully with TriTech and its legal counsel in the defense thereof. TriTech may in its discretion (i) contest, (ii) settle, (iii) procure for Client the right to continue using the TriTech Software, or (iv) modify or replace the TriTech Software so that it no longer infringes (as long as the functionality and performance described in the Specifications substantially remains following such modification or replacement.) TriTech will reimburse Client for its reasonable expenses incurred, excluding Client attorney's fees, or labor costs, in providing assistance to TriTech in the defense of such action. Client may participate in the defense of such Action at its own expense. If TriTech concludes in its sole judgment that none of the foregoing options are commercially reasonable, and Client's use of the TriTech Software is permanently enjoined as a result of a judgment of a court of competent jurisdiction in such Action, then TriTech will return to Client the TriTech Software license fee(s) paid by Client under this Agreement less a prorated portion of said fee(s) for Client's use of the TriTech Software (calculated by multiplying the ratio of the number of months of actual Use in Live Operations to sixty (60) months times the license fees paid) and the licenses granted in this Agreement shall terminate. In addition, in the event such Action results in a money judgment against Client which does not arise, wholly or in part, from the actions or omissions of Client, its officers, directors, employees, contractors, agents, or elected officials, or a third party, TriTech will, subject to Section 17.0 herein, indemnify Client therefrom. 19.2 Notwithstanding the above, TriTech shall have no duty under this section 19.0 with respect to, and Client shall hold TriTech harmless from and against any claim, action or proceeding arising from or related to infringements (i) by Third Party Software, Third Party Products or Equipment, (ii) arising out of modifications to the TriTech Software and/or TriTech Documentation not made by or under the direction of TriTech, (iii) resulting from use of the TriTech Software to practice any method or process which does not occur wholly within the TriTech Software, or (iv) resulting from modifications to the TriTech Software or TriTech Documentation prepared pursuant to Specifications or other material furnished by or on behalf of Client. This section 19.0 states the entire obligation of TriTech regarding infringement of intellectual property rights, and it will survive the termination of this Agreement. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 26 of 51 20.0 SALES, USE AND PROPERTY TAX 20.1 Unless exempt from such taxes, Client shall be solely responsible for payment or reimbursement to TriTech of all sales, use, value added or similar taxes imposed upon this Agreement by any level of government, whether due at the time of sale or asserted later as a result of audit of the financial records of either Client or TriTech. If exempt, Client shall provide to TriTech written evidence of such exemption. Client shall also pay any personal property taxes levied by government agencies based upon Client's use or possession of the items acquired or licensed in this Agreement. 21.0 SEVERABILITY 21.1 If any term, clause, sentence, paragraph, article, subsection, section, provIsIOn, condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable. 22.0 FORCE MAJEUREIEXCUSABLE DELAY 22.1 Neither party shall be responsible for failure to fulfill its obligations hereunder or liable for damages resulting from delay in Delivery or performance as a result of war, acts of terrorism, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of equipment or software from suppliers, default of a subcontractor or vendor (if such default arises out of causes beyond their reasonable control), the actions or omissions of the other party or its officers, directors, employees, agents, contractors or elected officials and/or other similar occurrences beyond the party's reasonable control ("Excusable Delay" herein). In the event of any such Excusable Delay, Delivery or performance shall be extended for a period of time as may be reasonably necessary to compensate for such delay. 23.0 CONSTRUCTION AND HEADINGS 23.1 The division of this Agreement into sections and the use of headings of sections and subsections are for convenient reference only and shall not be deemed to limit, constrne, affect, modify, or alter the meaning of such sections or subsections. 24.0 WAIVER 24.1 The failure or delay of any party to enforce at any time or any period of time any of the provisions of this Agreement shall not constitute a present or future waiver of such provisions nor the right of either party to enforce each and every provision. 24.2 No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 27 of 51 expressed or implied, shall not constitute a consent to, waiver of or excuse for any other, different or subsequent breach. 25.0 ENTIRE AGREEMENT 25.1 This Agreement and its Addenda or Amendment(s) represent the entire agreement between the parties hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement. 26.0 APPLICABLE LA W 26.1 Except to the extent that this Agreement is governed by the laws of the United States, this Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of Florida without regard to its conflict of laws provisions. Venue and jurisdiction shall be in the State Courts located in Pinellas County, Florida. 27.0 ASSIGNMENT 27.1 Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by Client without the prior written consent of TriTech, which consent will not be unreasonably withheld. For purposes of this Agreement, it is agreed, but not by way of limitation, that TriTech's withholding of consent is not unreasonable if the proposed assignee is a person, company or other entity which competes with TriTech directly or indirectly, whether itself or through a parent, subsidiary, or entity which is owned or controlled by a competitor of TriTech. Further, TriTech may require the proposed assignee to execute and agree to be bound by this Agreement. TriTech may assign this Agreement to an entity ready, willing and able to perform TriTech's executory obligations hereunder, upon the express written assumption of the obligations hereunder by the assignee. 28.0 NOTICES 28.1 All notices required to be given under this Agreement shall be made in writing by (i) first-class mail, postage prepaid, certified, return receipt, (ii) by regularly scheduled overnight delivery, (iii) by facsimile or e-mail followed immediately by first-class mail, or (iv) by personal delivery, to the address set forth herein, or such other address as provided in writing. Such notices shall be deemed given three (3) days after mailing a notice or one (1) day after overnight delivery thereof. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 28 of 51 29.0 ORDER OF PRECEDENCE 29.1 The following documents shall comprise the Agreement between the parties concerning the subject matter of this Agreement, and in the event of any dispute arising from or related to this Agreement, shall have the following order of precedence: A. This Agreement and all Addenda and other documents attached to or incorporated by reference herein; B. The applicable Client approved OSDs, IRDs and ATPs. 30.0 GENERAL TERMS 30.1 This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this paragraph shall be constrned as a consent to any assignment of this Agreement by either party except as provided in the ASSIGNMENT section of this Agreement. 30.2 This Agreement shall not become a binding contract until signed by an authorized officer of each party, and it is effective as of the date so signed. 30.3 This Agreement may be executed in any number of identical counterparts, and each such counterpart shall be deemed a duplicate original thereof. 30.4 The provisions contained herein shall not be constrned in favor of or against either party because that party or its counsel drafted this Agreement, but shall be constrned as if all parties prepared this Agreement. 30.5 Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the use of any gender, be it masculine, feminine or neuter, shall include all of the genders. 30.6 A facsimile of this Agreement, its exhibits and amendments, and notices and documents prepared under this Agreement, generated by a facsimile machine (as well as a photocopy thereof) shall be treated as an original. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 29 of 51 30.7 EACH PARTY'S ACCEPTANCE HEREOF IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT AND NO DIFFERENT OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER, CONFIRMATION OR OTHER WRITING SHALL HA VE ANY FORCE OR EFFECT UNLESS EXPRESSLY AGREED TO IN WRITING BY THE PARTIES. THIS AGREEMENT IS EFFECTIVE AS OF THE LAST DATE OF SIGNATURE BELOW: COUNTERSIGNED: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor By: William B. Horne II City Manager Date Date Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E.Goudeau City Clerk Date Date TRITECH SOFTWARE SYSTEMS Christopher D. Maloney President and CEO Date Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 30 of 51 ADDENDUM A SUMMARY OF CONTENTS Addendum No. and Description A-I Statement of Work A-2 TriTech Software, Designated Application(s), Number of Workstation Licenses, Installation and Shipping Instrnctions A-3 Interfaces A-4 TriTech Services A-5 CAD Equipment A -6 Third Party Software A-7 Contract Price Summary A-8 Payment Schedule A-9 Site Preparation and Support Connectivity Guide Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 31 of 51 ADDENDUM A-1 STATEMENT OF WORK (To be Provided) Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 32 of 51 ADDENDUM A-2 NUMBER OF TRITECH SOFTWARE LICENSES, INSTALLATION AND SHIPPING INSTRUCTIONS TriTech Software - Clearwater Dispatch System Software 1 Primary- Server Software License - Multi 15 Dispatcher/Call Taker User Software License 2 Supervisor - User Software License 1 QA/Training- Server Software License 1 Site License for TRU, Command Van, QA/training Site License 1 Hot Standby-Server Software License 1 VisiNet Browser Site License 1 Data Archive Server License 1 Event Playback Module 17 NCIC/FCIC Query User License 1 SOP Module 1 Quickest Path Unit Recommendation Module 1 Geofile Cross Reference 1 Snapshot Module 1 Protocol Caller Instruction Module 1 Alertline 1 GISLink Utility License Total TriTech Dispatch Software - Clearwater $ 356.500 1 VisiNet Mobile Server 1 VisiNet Mobile Mapping Server 1 VisiNet Mobile to CAD Interface 210 VisiNet Mobile Base Client License (with NCIC forms) 210 VisiNet Mobile A VL License with mapping 1 Message Switch / NCIC Interface License (Included in CAD Pricing) Total TriTech Mobile Software - Clearwater $ 228.000 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 33 of 51 ADDENDUM A-2 (continued) INSTALLATION AT DESIGNATED LOCATION AND SHIPPING INSTRUCTIONS Clearwater - Deliver To: City of Clearwater Attn: Deputy Chief Baird 645 Pierce St. Clearwater, FL 33756 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 34 of 51 ADDENDUM A-3 INTERFACES Interfaces - Clearwater ANI/All Interface License Master Timing Source Interface (Services fee only) NCIC/FCIC Interface 7 Connection Fee (NCIC/FCIC, RMS, PCO Computer, DAVID, Coplink, MNI, PCJIS, PCSO Booking) One way RMS standard incident transfer license CAD2CAD/CAD2A VL Interface Interface Manager License Total Interfaces - Clearwater Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States $ 166.500 System Purchase Agreement Page 35 of 51 ADDENDUM A-4 TRITECH SERVICES AND MISCELLANEOUS Clearwater Mapping Services GIS Consulting Map Conversion Response Area Import Service, > 200 Response Areas Total Mapping Conversion Services - Clearwater $ Project Services System Configuration Project Management Code File Building and DOLF Systems Orientation Business Analyst Services NetClock Configuration Escrow Fee Travel (Not to Exceed) Shipping Total TriTech CAD Project Services - Clearwater Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States 15.400 $ 232.730 System Purchase Agreement Page 36 of 51 ADDENDUM A-4 (continued) Project Services 1 Mobile System Configuration & Testing 1 GIS Conversion 1 Project Services 1 System Administration Training 2 Train-the-Trainer Training (Includes VisiNet Browser) Total TriTech Mobile Project Services - Clearwater Training 5 User Training Course 1 Train the Trainer 1 API Training Class 1 System Administration Training Course 1 GISLink Utility Training Class Total CAD Training Services - Clearwater Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States $ 48.700 $ 47.600 System Purchase Agreement Page 37 of 51 Clearwater ftServer 5700 Dual Core, Dual Processor Maintenance ADDENDUM A-5 EQUIPMENT Total Primary CAD Server Hardware $ Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States 47,650 9,333 56,983 System Purchase Agreement Page 38 of 51 ADDENDUM A-6 THIRD PARTY SOFTWARE AND SPECIAL PRODUCTS PROVIDED BY TRITECH Clearwater Third Party Software 2 18 1 18 Replistor Point in Polygon ESRI client ArcGIS Runtime Engine ESRI NetEngine Deployment Total Third Party Software - Clearwater $ 16,794 810 500 1 ,440 19,544 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 39 of 51 ADDENDUM A-7 CONTRACT PRICE SUMMARyl Clearwater System Summary VisiCAD VisiNet Mobile CAD Stratus ft5700 Server $ $ $ Total System $ 839,774 276,700 56,983 1,171,956 TriTech Preferred Discount $ (277,235) Net System Cost - Clearwater $ 894.721 Support fees will be invoiced under the Software Support Agreement I Shipping costs, travel costs and any applicable sales, use value added or similar taxes shall be paid by Client. Unless such costs or taxes are listed as a line item herein, they shall be invoiced separately, payable on receipt of the invoice therefor. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 40 of 51 ADDENDUM A-8 PAYMENT TERMS Clearwater VisiCAD Milestone Line Items Sofware and Services Hardware Third Party Software $ 614,488 $ 56,983 $ 19,544 Milestone Payments Contract Signing 15% Software and Services $ 92,173 SOW and Project Plan 15% Software and Services $ 92,173 Completion of DOLF 15% Software and Services $ 92,173 Completion of User Training 15% Software and Services $ 92,173 System Installation 15% Software and Services $ 92,173 Go Live 15% Software and Services $ 92,173 Final Acceptance of Overall System 1 0% Software and Services $ 61,449 Hardware Paid as shipped $ 56,983 Third Party Software Paid as shipped $ 19,544 Total VisiCAD Payments $ 691,015 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 41 of 51 ADDENDUM A-8 (continued) VisiNet Mobile Line Items Software and Services $ 203,706 Milestone Payments Contract Signing 15% Software and Services $ 30,556 SOW and Project Plan 15% Software and Services $ 30,556 Completion of DOLF 15% Software and Services $ 30,556 Completion of User Training 15% Software and Services $ 30,556 System Installation 15% Software and Services $ 30,556 Go Live 15% Software and Services $ 30,556 Final Acceptance of Overall System 1 0% Software and Services $ 20,371 Total VisiNet Mobile Payments $ 203,706 Grand Total $ 894,721 Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 42 of 51 ADDENDUM A-9 SITE PRE PARA TION AND SUPPORT CONNECTIVITY GUIDE (To be Provided) Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 43 of 51 ADDENDUM B SOFTWARE SUPPORT DURING THE WARRANTY PERIOD 1. SERVICES PROVIDED During the Warranty Period, TriTech shall provide Telephone Support, Software Error Corrections and Updates for the TriTech Software as described below: (a) Telephone Support TriTech will provide Telephone Support service twenty-four (24) hours a day, seven (7) days a week, as more fully described in Section 2, below. Client will ensure that only personnel properly trained in the operation and usage of the TriTech Software will utilize the Telephone Support service. (b) Software Error Correction (1) If, during the Warranty Period Client determines that Software Error(s) exist, Client shall immediately notify TriTech pursuant to the guidelines and procedures described in Section 2, below, setting forth the defects noted with specificity requested by TriTech. Upon notification of a reported Software Error, TriTech shall attempt to reproduce and verify the error and, if so verified, will correct the Software Error(s) in accordance with Section 3, below. Notwithstanding the foregoing, TriTech may, at its discretion, reasonably applied, correct Low Priority Software Errors (as that term is described in Section 3), in a future Update to the TriTech Software. If TriTech is unable to reproduce the Software Error and it is necessary to travel to Client's site to reproduce it, Client shall pay TriTech's travel expenses incident to the on-site visit. If the reported problem is determined to have been caused by Equipment, Third Party Software or a Third Party Product, or is otherwise not attributable to the TriTech Software, Client shall, in addition, pay TriTech's labor related to the on-site visit at its then current hourly rates for technical support and engineering. (2) If TriTech determines that the reported error was not a TriTech Software Error but was instead caused by Equipment, Third Party Software or Third Party Products, TriTech shall perform Help Desk functions by assisting Client in its recourse to the manufacturer thereof under the applicable warranties. (c) Updates From time to time at TriTech's discretion, Updates to the TriTech Software and Release Notes documenting the Updates will be developed and provided to Client. All Updates and their accompanying Release Notes shall be subject to the terms and conditions of this Agreement and shall be deemed licensed TriTech Software hereunder. (As provided in the DEFINITIONS section herein, the term "Update" does not include new versions or separate modules or functions that are separately licensed and priced.) Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 44 of 51 2. SOFTW ARE ERROR CORRECTION GUIDELINES AND PROCEDURES (a) All Software Errors reported by Client employees shall be resolved as set forth below. Initial response by TriTech will be based upon the priority assigned by Client's supervisor of the CAD. Resolution response will be based upon the priority jointly agreed on by TriTech and Client. Client will specify a central contact person at each CAD site and a Client CAD coordinator who will be the focal point for all CAD activity. (b) If Client determines a Software Error exists, Client shall immediately notify TriTech by telephone, followed by an error report in writing, setting forth the defects noted with specificity requested by TriTech. The written report must be faxed to TriTech at (858) 799-7013. Telephone notification will be made to TriTech's VisiCAD support line at 1 (800) VisiCAD, 1 (888) VisiCAD, or (858) 799-7050. (c) "Normal Technical Services Hours" are 5:30a.m. through 5:30p.m. (PT/PST), Monday through Friday, excluding holidays. "Normal TriTech Office Hours" are 8:30a.m. through 5:30p.m. (PT/PST), Monday through Friday, excluding holidays. (d) The main support line will be answered by an automated attendant at all hours. The Client can either remain on the line or press 1 to transfer to the Technical Services Department. If a Technical Services representative is available, the call will be answered and handled immediately. If all representatives are busy, the Client will be given the option to leave a message or press 0 (zero) in the case of a Critical Priority Problem, as described below. In the case of Critical Priority Problems (as described below) the Client shall press zero. All other problem reports will operate on a call-back basis after leaving a message in the support voice mailbox. (e) During Normal TriTech Office Hours, pressing zero will transfer the caller to the receptionist who will assist the Client. The receptionist will use these procedures to handle the call appropriately, including finding a Technical Services representative or other personnel to assist the Client. (f) After Normal TriTech Office Hours, pressing zero will transfer the caller to our emergency answering service. When connected to the service, the Client shall provide the operator with his or her name, organization name, call-back number where the Technical Services representative may reach the calling party, and a brief description of the problem (including, if applicable, information that causes the issue to be a Critical Priority Problem). (g) During Normal Technical Services Hours, each Software Error report will be assigned an issue number. This number should be used for all subsequent inquiries relating to the original Software Error report. Problems reported after Normal Technical Services Hours will be logged and assigned an issue number the next business day. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 45 of 51 (h) Client shall provide TriTech with a high speed data connection (as more fully defined in the Site Preparation and Support Connectivity Guide), a separate data quality telephone modem line and a dedicated voice line (in each case as specified by TriTech) to each physical area in which a Server or interface equipment is located to enable TriTech to access, diagnose, update or install a workaround to the system. Client shall additionally provide a voice telephone line located near such areas to allow simultaneous voice and data access. (i) If the problem is not a Critical Priority Problem, TriTech will operate on a call-back basis. If requested or specified in the response time criteria below, a TriTech representative will return the call in a manner consistent with the priority and order in which the call was received. Client will make every effort to respond to TriTech in a timely fashion when requests are made for follow-up calls or additional documentation on the reported problem. 3. PRIORITIES AND SUPPORT RESPONSE (1) Critical Priority Hours of Availability: 24 hours a day, 7 days a week, 365 days a year. Description: A critical software error, which severely impacts the ability of Client to dispatch emergency vehicles. These Errors include: . Software Server software lockup . Data corruption caused by TriTech Software . TriTech Software is inoperable due to one of the following conditions: o Inability to enter new requests for service o Inability to assign a call to a unit o Inability to change status o Inability to dispose of a call o Inability of Client to receive Dispatch Incident Information Initial Response: TriTech will respond with a call back within an average of thirty (30) minutes during Normal Technical Services Hours, and after Normal Technical Services Hours, TriTech will respond with a call back within an average of two (2) hours. An event of Force Majeure, or other delays beyond TriTech's reasonable control, including, but not limited to interruption of telephone or cellular telephone service, or paging services caused by the respective carrier's technical difficulties, shall not constitute a failure of TriTech to respond within the time limits for Critical Priority issues, and shall not constitute a Default under this Agreement. Resolution Response: TriTech will work continuously to provide Client with a workaround solution or to completely resolve the problem. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 46 of 51 Notification: It is the responsibility of Client to notify TriTech of a Critical Priority issue. TriTech will update the Client CAD contact of progress frequently during problem resolution and provide a final report of the status of the system once the workaround has been provided or the problem has been resolved. (2) Hieh Priority Hours of Availability: 24 hours a day, 7 days a week, 365 days a year. Description: A non-critical Software Error which does not prevent the dispatching of emergency vehicles, but which does prevent the User from performing a common-call taking, dispatching, or system administrative function, or performing valid Status Changes. These issues would not have a reasonable workaround. These do not include cosmetic, documentation, reporting, or similar problems. These also do not include questions or inquiries regarding the operation of the software or its installation and training. Initial Response: TriTech will respond with a call back within an average of one (1) hour during normal Business Hours, and after Normal Business Hours, TriTech will respond with a call back within an average of two (2) hours. An event of Force Majeure, or other delays beyond TriTech's reasonable control, including, but not limited to interruption of telephone or cellular telephone service, or paging services caused by the respective carrier's technical difficulties, shall not constitute a failure of TriTech to respond within the time limits for High Priority issues, and shall not constitute a Default under this Agreement. Resolution Response: TriTech will provide a workaround for Client when possible within an average of twenty-four (24) hours. (Providing a workaround would usually result in lowering the priority of the problem.) Unless a reasonable workaround is promptly provided, TriTech will work diligently to resolve the problem as soon as reasonably feasible. If a reasonable workaround is available, TriTech will provide a problem resolution in the form of an Upgrade or modification to the Software in a future update. Notification: It is the responsibility of Client to notify TriTech of a High Priority issue. TriTech will notify the local Client CAD supervisor when a workaround has been provided or the problem has been resolved. TriTech will provide Client a monthly list of outstanding and Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 47 of 51 resolved issues showing all problems reported during the period or unresolved as of the date of the report. (3) Medium Priority Hours of Availability: Normal Technical Services Hours Description: A Software Error which is not Critical, and would be priority, except that there is a reasonable workaround. include but are not limited to: a high These . Reporting errors or calculation problems . Questions or inquiries relating to TriTech Software functionality, system administration, or installation Initial Response: TriTech will respond within an average of twenty-four (24) hours during Normal Technical Services Hours, or on the next business day. Resolution Response: TriTech will correct Medium Priority errors in upcoming releases. Notification: It is the responsibility of Client to notify TriTech of a Medium Priority issue. TriTech will notify the local Client CAD supervisor when a workaround has been provided or the problem has been resolved. TriTech will provide Client a monthly list of outstanding issues and resolutions showing all problems reported during the period or unresolved as of the date of the report. (4) Low Priority Hours of Availability: Normal Technical Services Hours Description: All other software or documentation errors not described above. These include but are not limited to: . Documentation inaccuracies . Cosmetic issues . Misspellings Initial Response: TriTech will not respond to these items unless specifically requested to do so at the time of the request. If a reply is requested, TriTech will respond within an average of twenty-four (24) hours during Normal Technical Services Hours, or on the next business day. Resolution Response: TriTech will correct Low Priority Problems in upcoming releases of the software or documentation. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 48 of 51 Notification: It is the responsibility of Client to notify TriTech of a Low Priority issue. TriTech will notify the local Client CAD supervisor when a workaround has been provided or the problem has been resolved. TriTech will provide Client a monthly list of outstanding issues and resolutions showing all problems reported during the period or unresolved as of the date of the report. Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 49 of 51 ADDENDUM C HARDWARE AND SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT FOR STRATUS FTSERVER (To be Provided) Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 50 of 51 ADDENDUM D MASTER SOURCE CODE ESCROW AGREEMENT (To be Provided) Clearwater 2006 Copyright <9 TriTech Software Systems Unpublished: Rights reserved under the copyright laws of the United States System Purchase Agreement Page 51 of 51 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to Smith & Wesson, Springfield, MA, for the purchase of 300 Smith & Wesson, Model M&P40, .40 caliber weapons at a cost of $123,000; and declare surplus and authorize trade-in of 300 Walther P990 .40 caliber weapons for a credit of $78,600 (net cost $44,400) in accordance with Sec. 2.564 (l)(e) - Impractical to bid, and authorize officials to execute same. (consent) SUMMARY: 1. The new Smith & Wesson weapons are being purchased directly from the manufacturer at a cost of $410 each, less a trade-in value of $262 each for the Walther P990, for a net cost of $148 each. The Smith & Wesson weapon is considered the standard weapon for the Clearwater Police Department. 2. Operational problems regarding the Walther P990 and the lack of a universal rail system that allows attachment of a light to the weapon make this weapon obsolete and not sufficient for the department's needs. 3. It is anticipated these trade-in weapons will be refurbished by Smith & Wesson and marketed back to law enforcement. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other Yes Budget Adjustment: No Annual Operating Cost: Total Cost: to Appropriation Code 010-01131-550400-521-000 Review Approval: 1) Clerk Amount $44,400.00 Appropriation Comment , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Request approval for the City of Clearwater to enter into agreements of understanding with significant reclaimed water users: Chi Chi Rodriguez Youth Foundation, Inc.; Clearwater Country Club, Inc.; Countryside Country Club, Inc.; and the Parks & Recreation Department, to clarify liability, obligations and responsibilities to the Florida Department of Environmental Protection, and new metering rate structure. SUMMARY: At the onset of the City's reclaimed water system, storage lakes were needed for the excess water. At that time, Clearwater entered into agreements with significant reclaimed water users regarding specifics for installation of pipelines and some liability language. Also at that time, reclaimed rates were based on acreage. On December 2,2004, City Council passed Ordinance 7321-04, determining metering of reclaimed water would begin on October 1, 2006 for significant users. The new agreements link reclaimed rates to metered rates contained in the new ordinance. Specifications recently handed down from the Florida Department of Environmental protection ultimately hold the City responsible for overflows from the reclaimed water storage ponds on private property, unless there is an agreement outlining that responsibility lies with the property owner or caretaker; these new agreements address this. Public Utilities staff met with the City Attorney's office and with each significant user to determine the language necessary to effect these changes. The attached agreements are amenable to all parties involved, and will supersede any past agreements between the parties. Current significant users include: Chi Chi Rodriguez Youth Foundation, Inc.; Clearwater Country Club, Inc.; Countryside Country Club, Inc.; and the Parks & Recreation Department. There are no city costs associated with this item. Copies of the agreements are available for review in the Official Records and Legislative Services office. Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a 5-foot Sanitary Easement over, under and across the West 5 feet of Lot 135, GLENWOOD SUBDIVISION, conveyed by Flores, L.L.c., a Florida limited liability company, given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. SUMMARY: Flores, L. L. C. is constructing two single-family homes upon Lot 135, GLENWOOD SUBDIVISION, now divided into two 5963 square foot lots, one addressed at 1532 Rosewood Street, the other as 216 Wood Drive. A boundary survey of the subject property identified a City sanitary sewer line extending along and within the west property line without benefit of easement. The subject easement grant establishes City responsibility and authority to maintain and replace the existing sanitary line, when necessary, in perpetuity. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Clerk ~ .~ r - -- - - - - - . IfIm: -.. .. ~ . !::! . . . 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P i: ? : :.;"! ~ ~S' i1 :~f'~,D~tJ.iELi0,;]t~n0u:2~; ~. :": :~8)~: -/.:.~..~Yt~>? .\ :~. .:~~~?~ f"( I.Y:f~r: '. :.) ..::~~~:~:~ J-=:.?~t~~1 {:.~ t,;;*.1:~.~~~\?~~~:~:;~r~_~.~~: ~PiJ}Y0' ~ . ~ . I .. -. tI . I ~ _ !!!!i!f~ .. ----- = - - -= . II - . ~ . . . . .".::-- .~. .~~t~ . ~~ ....~ \ ~.~ i~. I:.:. "',~ ... .; ~. .~ I"x I ~r:~ .:. ~l ~" ",11/ ;to .:.:!:',) .~ .~ ;~^: ,:(."~ .... "':-":~:...?'~--:::-"'-:":...-:"I--~ ~~ .,.,"'~~:: -...::... =--=~ - - . , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept an 18-month temporary construction easement containing 4,950 square feet, and a perpetual Drainage and Utility Easement containing 1,382.68 square feet, more or less, over, across and upon a portion of Lot 25, HILLCREST ESTATES FIRST ADDITION, conveyed by Brian R. and Marian Ping or, husband and wife (Grantor), in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. SUMMARY: The City is preparing to bid a part of the Alligator Creek, Phase II to construct drainage improvements to Channel A of Alligator Creek. The improvements will consist of "armoring" Channel A with gabion baskets designed to prevent erosion and to provide long- term water quality benefits. The subject easements grant the City both 18 month authority to enter upon an approximately 4,950 square foot portion of Grantor's lands to restore the eroded creek and to construct the gabion armoring, along with perpetual authority over approximately 1,383 square feet of Grantor's property to maintain and/or reconstruct the improvements in the future. This portion of Alligator Creek, Phase II is expected to commence prior to year-end and require approximately 18 months to complete. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Clerk " . . I IJ.~ iOi . - . . iC . . . ~ (f~))~~~ (:~ ,J; _ :.~ ~~.~~~ :-;\;r;~.:).~f;.~ ~~:~~:.:~~~~~ ~.t2.::.' ~~-:t~:~ ).:~:?~)~},~;:. () ~~. - - - - - . . 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M1!11lliDl_:_ i~-(~~~.\1.<:''-''{~f:{T,':'0:~:~~~ . ~. . - . . ! . I . . . . . I . iIi ""i1 -: . . ~J.~" (f ~X.~.:. ~:: ~. ~:J~~V>.~j?~~~..~ I- >~(:,)? L;~.~ ~;~,.i~.~:) .~;i~~; ~ .~;. :;.: h "':.~:.~:..:. . . -- _._~:--~.r" <-....:~ ~Yr.:~:,-' ~ r - ~ . ~~'~</7~~~~~ r ~~~~~ _ .:t;"; ~~~~:~ ~:~~';~1~~;.";".~~.~~/~~~~f..\.~~:\~.~:}-:t~ ~;;;}:..~~~ "\ :'~~... _ .". ~ . . - . .. P'" . . . . ]0 ";r.' -_ )('"1". .r: . .-.... ..- =-=. ;:':,'~'." {"I ;~~ f} ii j, 1~ ;?"., ".l, . ~i.:.'. 'Si'I ',0.', ( '. '\ \ i!i~ {, . ::J~"J:'".- ;;-.. :~.I ~,' .~. ~. ~: ~..::'i' ~:.. - I . I&' ~ -..- . . . . III . I "I~ . .. . I ~J- ~ . 11 ~I .. it a . ~ m . . I MlM . ~' ~ =: _.m ~liiIlll~ e Jiiii!5!; ~ -=- ~~~J~'- ~ - -- . - . . ; ..~.i'-~. I ,; .: I~i: II"~. _:::~~~:f::~:.:::~~ -........- "'=::"~~I. -----...-- . ---- - -. . . - ~ . . . ..: ;._~,::_ r~;~~;. f.~ ~~: r~~,,(~ :~~~ I'~~:~J.~~.:C~~. or ~:.~. I . .. :~~j~~. ~ r~~.lf D ~ =~ . <~~. .~1;. ~ j.~ I ~~. ~ ~ {i_&J5~ , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :':: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a renewable 5-year term interlocal agreement with Pinellas County Government allowing the County to use the Ross Norton Recreational Facility as a Public Disaster Shelter and authorize the appropriate officials to execute same. SUMMARY: Pinellas County Emergency Management Staff was contacted regarding the potential use of the soon -to-be-constructed Morningside Recreational Facility, Ross Norton, and the North Greenwood Recreation facilities for public disaster shelters to be operated by the County. Pinellas County Emergency Management expressed interest and commissioned a shelter feasibility study of the two existing facilities. The Ross Norton facility passed the American Red Cross Shelter Survey method (Least Risk Decision Making), ARC 4496 Standard. An lnterlocal Agreement between the City of Clearwater and Pinellas County government is proposed for the use of the Ross Norton facility as a public disaster and hurricane evacuation shelter. Under the terms of this agreement, once notified that the shelter activation was needed, the City Recreation staff would prepare the facility for shelter use: secure loose exterior tables, chairs, bleachers, etc. and then turn the facility over to Pinellas County Emergency Management staff. One Parks and Recreation facility maintenance crew member would remain on-duty at all times to ensure proper operation, maintenance, and repairs of our building systems. The County would be responsible for all shelter operations including feeding, housing, management, etc. as with all other public shelters. Once the shelter use was no longer needed, the County would arrange to clean, repair, and restore the facility to its pre- shelter use, to be re-opened as a recreational facility by City staff. The County will reimburse the city a contractual flat-rate for utilities and costs, and for the total personnel costs for the City facility maintenance worker. The County will be provided with the required financial information to enable them to submit for reimbursement of those costs from FEMA, when applicable. The County will fund and install an electrical transfer switch and connector so they can deploy a trailer-mounted generator for emergency electrical power. This agreement will be the first of it's kind between the County and any City for the use of a City facility for public disaster/hurricane shelter. As the Morningside Recreational Facility project moves forward, the County has indicated it will attend meetings and contribute requests for structural or functional upgrade or changes to ensure it's suitability as a public disaster shelter and to fund those incremental cost increases as required. It is explicitly clear to the County, that the City will not get involved in operating any public disaster or hurricane shelters: that is outside of the City's scope of responsibility under state law. Review Approval: 1) Clerk INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into this _ day of , 2006, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, COUNTY is a "local emergency management agency," pursuant to Chapter 252, Florida Statutes, and therefore has the responsibility for Emergency Management for the County; and WHEREAS, m furtherance of the County's Comprehensive Emergency Management Plan, the COUNTY and the CITY desire to cooperate in the interest of public safety by providing facilities and necessary personnel to assist before, during and following a disaster; and WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969." NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, and the promises and covenants contained herein, the Parties agree as follows: Section 1. Purpose and Term. The purpose of this Agreement is to provide for cooperation and coordination between the COUNTY and the CITY in carrying out joint responsibility to serve the citizens of Pinellas County during disasters or enemy attack, by providing the subject facility for the evacuation of citizens in preparation for or following a disaster. The City of Clearwater will not engage in the management or operation of this public disaster shelter. The term of this Agreement shall be five (5) years from the date of final execution of this Agreement. This Agreement may be renewed in writing, by both parties, for additional five (5) year terms. In the event the Facility must undergo certain repairs, improvements, or modifications, the CITY shall give sixty (60) days notice to the COUNTY, whenever possible. Such notice shall include the reason for the Facility closure and an anticipated re-opening date. Ross Norton Facility Page 1 Section 2. Definition of Disaster. A disaster shall be defined as an occurrence such as a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, weather-related event, pandemic, pestilence, famine, civil disturbance, fire, explosion, building collapse, transportation accident, hazardous material incident, terrorist attack, or other situation that is life threatening, causes human suffering or creates human needs that the victims cannot alleviate without assistance. Section 3. Duties of the CITY. The CITY agrees to: A. Provide the Parks and Recreation facility known as Ross Norton Recreation and Aquatic Complex, located at 1426 S. Martin Luther King Jr. Avenue, Clearwater, Parcel No. 22/29/15/00000/320/0100, hereinafter referred to as the "Facility". For purposes of this Agreement, the portions of the Facility to be utilized shall be the lobby, gymnasium, multi purpose room, kitchen, fitness center, teen lounge, and a set of restrooms. B. Provide staff person(s) with knowledge and access to the Facility, its supplies, storage capacities, plant operations, and other essential facility functions. It is expressly understood that such staff shall have final authority in matters relating to utilization at the Facility, provided that the health, safety and welfare of disaster victims shall guide such decisions. C. Provide such employee support, personnel, and existing equipment use as are needed to facilitate coordination and delivery of centralized emergency disaster support covered by this Agreement. The CITY shall secure any outdoor items, such as tables, bleachers, lifeguard stands, umbrellas, to prevent such items from becoming airborne or causing injury or harm. CITY shall relocate requested exterior tables not already installed or fastened to the ground to inside the facility as designated by COUNTY. D. Provide appropriate law enforcement, emergency medical services, and fire protection, in accordance with other County-wide agreements for Public Shelters in effect, at the Facility. E. Protect the floor of the gymnasium from damage. F. Identify and designate a location for the placement of a trailered generator. CITY shall install bollards at such location for the securing of the generator at such site. G. Lock and secure any and all doors, gates and points of entry from access to the aquatic area and the skateboard area, subject to the provisions of Fire Codes. H. The CITY shall submit such billing information and financial or expense reports necessary for COUNTY to apply for FEMA reimbursements for shelter operations, as requested by the COUNTY in a timely fashion. Ross Norton Facility Page 2 Section 4. Duties of the COUNTY. The COUNTY, through its Department of Emergency Management, agrees to: A. Use, operate, and manage the Facility as a shelter for victims affected by a Disaster, as that term is defined above. The COUNTY shall provide such services through a third party contractor. B. Cooperate with the designated CITY personnel at the Facility. C. Provide notice to the CITY in the event of the need of use of the Facility. COUNTY shall provide as much advance notice as reasonably possible under the Disaster circumstances. D. Provide a portable generator for use during COUNTY'S occupancy. E. Restore, make repairs to property, buildings, and facilities as may be caused by or incidental to the use as a disaster shelter, and clean the Facility to a pre-shelter use condition for use as a recreation facility based upon approval of the CITY upon the conclusion of the Disaster. F. Provide the CITY with specific requests for billing and financial information to enable the COUNTY to submit for reimbursement from FEMA for operation of the shelter. Section 5. Facility Alterations. As a condition of this Interlocal Agreement, the COUNTY agrees to make certain alterations to the Facility. Such alterations shall include a transfer switch to accommodate a portable generator for use during COUNTY'S occupancy, and others, with prior approval of the CITY, that the County requests for use as a disaster shelter. Section 6. Reimbursable Expenses to the CITY. The COUNTY agrees to reimburse the CITY for reasonable expenses as set forth below: A. General Guidelines. The financial obligation of the COUNTY undertaken in this Agreement for reimbursement to the CITY shall include reasonable reimbursement of incurred operation expenses, replacement of supplies, equipment and/or property consumed, and utilities, as may be caused by or incidental to the use as a disaster center. The hourly per diem rate for such reimbursement shall be $20.00 per hour. The hourly rate may be increased each year up to an amount not to exceed ten (10%) percent. However, such hourly rate shall always be the actual and trne costs incurred by the CITY. B. Actual Emergencies. Expenses shall be paid by Pinellas County Emergency Management for the Facility, staff on duty, staff on standby, and shall be actual current per hour straight time rate and actual per hour overtime rates for, transportation, warehouse, custodial, maintenance, and other eligible staff. COUNTY shall not pay Ross Norton Facility Page 3 CITY staff costs for law enforcement, emergency medical services, and fire protection. Costs of eligible expenses must be reasonable and not exceed the budgetary loss incurred for providing such services. A detailed billing of these costs that meets Federal Emergency Management Administration (FEMA) Guidelines in response to specific requests, guidance, and details as provided for by the COUNTY, must be provided. C. County Retained Funds: The COUNTY will use its best efforts to recover funds from federal agencies when a declaration has been issued pursuant to Chapter 252, Florida Statutes. Pursuant to the terms of this Agreement, these funds shall be obtained and retained by the COUNTY to offset the cost paid to the CITY. Section 7. Plannine and Notices. Cooperative arrangements for planning, exchange of information and notifications regarding preparedness and disaster operations shall be developed and maintained by the respective parties' Departments of Emergency Management. Any Notices required to be provided under the provisions of this Agreement shall be sent by Certified Mail, return receipt requested, to the following parties: COUNTY Gary Vickers, Director Dept. of Emergency Mgt. 400 S. Ft. Harrison Ave., Clearwater, FL 33756 CITY William Vola, Coordinator Dept. of Emergency Mgt. 112 S. Osceola Ave. Clearwater, Fl 33756 With a copy to the following: Lease Management Division 201 Rogers Street Clearwater, FL 33756 Clearwater Parks and Recreation Director 100 S. Myrtle Ave Clearwater, FL 33756 Section 8. Indemnification Provision. The COUNTY and the CITY agree to be responsible for their own acts of negligence or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for damages resulting from said negligence. Nothing herein shall be constrned to waive or modify the provisions of Section 768.28, Florida Statues or the doctrine of sovereign immunity. Section 9. Fiscal Fundine. In the event that funds are not appropriated by the COUNTY in any succeeding fiscal year for purposes described herein, then COUNTY and CITY shall be Ross Norton Facility Page 4 relieved from obligation to perform those purposes, tasks, or obligations until such time as funds are budgeted and appropriated, if ever, without penalty to COUNTY or CITY. Section 10. Entire Aereement. The Agreement as hereinabove set forth, including all exhibits and riders, if any, incorporates all covenants, promises, agreements, conditions and understandings between the parties, and no covenant, promise, agreement, condition or understanding, either written or oral, not specifically set forth herein shall be effective to alter the performance or the rights of the parties as hereinbefore stated. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Interlocal Agreement the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Frank V. Hibbard Mayor-Commissioner Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk ATTEST: Ken Burke Clerk of Circuit Court PINELLAS COUNTY, FLORIDA By and through its Board of County Commissioners By: Print Name: Print Title: By: Print Name: Print Title: (SEAL) APPROVED AS TO FORM OFFICE OF THE COUNTY ATTORNEY By: Title: Asst. County Attorney Whitney/2006-0051 Ab'Teement Final.doc Ross Norton Facility Page 5 , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :':: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve purchase of excess liability, crime, EMS policies, boiler & machinery, marina operations liability, and flood insurance coverages for an amount not to exceed $580,000, authorize appropriate officials to execute same and authorize staff to negotiate and purchase property insurance coverage for expiring/expired layers of property insurance if cost effective and to self insure those layers for which cost effective insurance is not available, such purchases to be brought back to the Council as a ratify and confirm at the next subsequent Council meeting. SUMMARY: The Risk Management Division of the Finance Department purchases certain insurance coverage for the City. This insurance is purchased through the efforts of three brokers: Acordia Southeast, Insurance & Risk Management Services (IRMS), and Arthur J. Gallagher & Co. (Florida). Risk Management is recommending approval of the following coverages at a cost not to exceed $580,000 (see attachment A for detailed premium amounts and comparisons with prior year). Boiler & Machinery 10/1/06-10/1/07 Marina Operators Legal Liability 10/1/06-10/1/07 Flood (specific properties) Annual term; various renewal dates Crime & Dishonesty 10/1/06-10/1/07 Excess Liability/Workers Compensation 10/1/06-10/1/07 EMS Liability (reimbursed) 10/1/06-10/1/07 1. General Liability/Professional Liability 2. Business Automobile Liability 3. Excess EMS General/Auto/Professional Liability The storage tank liability policies are not set for renewal until May 20, 2007. It is Risk Management's intent to bring forward the renewal information for this coverage when the April 1 property renewal is discussed. The current excess property program is a layered program. Several layers become due on October 1, 2006, but the bulk of the coverage is in place until April of 2007. Property insurance has increased significantly in the last year, while capacity (availability) of insurance in the Southeast has decreased. Due to the difficult insurance market, Risk Management is still working with brokers to obtain coverages that are due to expire on 10/1/06. We will come to the Council with a ratify and confirm agenda item should we be able to secure coverages. We are contemplating that we may need to self- insure additional layers of insurance in order to keep our $500,000 self-insured retention through 4/1/07. Newly purchased layers of insurance will most probably be for a six-month term so that the total property insurance program will renew on April 1, 2007. It is Risk Management's goal to secure property insurance that renews on April 1, for all layers in subsequent years. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $580,000 10/1/2006 to 10/1/2007 Annual Operating Cost: Total Cost: $580,000 Appropriation Code 0590-07000-545100-519- 000-0000 Amount Appropriation Comment Review Approval: 1) Clerk Excess Liability $7M Crime EMS policies Boiler & Machinery Marina Operators Liability Flood (estimates) Attachment A Premium Comparison 05-06 06-07 $348,000 $ 16,085 $127,056 $ 11,315 $ 21,423 $ 25,000 $ 548,879 $359,000 $ 17,290 $139,028 $ 11,465 $ 22,147 $ 25,000 $573,930 Landmark Insurance Co $359,012,479 XS of $50M Expires 4/1/2007 Landmark Insurance Co $lOM XS of $40M Expires 4/1/2007 James River Ins Co Traders & Pacific $5M XS part of $15M $lOM part of $15M XS of $25M XS of $25M c" 0 '~nn. Expires 4/1/07 .,/ ,)ILUU" Es sex Insurance Co Arch Specialty Ins Co $2.5M Great American $6.0M part of $ 10M part of $1.5M part of $ 10M XS of $15M $ 10M XS of $15M XS of Expires 4/1/2007 $15M I Hll1 I1fiflf, '''' "'~"'" Underwriters at Lloyds $5M XS of $ 10M Lexington Insurance Co $lOM Primary Expires 4/1/2007 $500,000 Self Insured Retention Attachment B - Current Property Program , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :':: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt resolutions to file liens as follows: 1) Resolution 06-17 for $12,832.40 on 1111 LaSalle Street; Greenwood Park Number 2, Block F, Lot 29; Owner of record: Shawn Johnson & Alexandria Wilburn, 12086 134th Place, Largo, Florida 33778;2) Resolution 06- 18 for $4,934.34 on 1126 Tangerine Street; Greenwood Park, Block C, Lot 29 and W lOfeet of Lot 30; Owner of record: Reuben L. Triplett & Sylvia Triplett, 1349 Springdale Street, Clearwater, Florida 33755.3) Resolution 06-19 for $6,772.11 on 608 Harold Court; Marshall & Brandon's Subdivision, Lots 7, 8, & 9 & E 20ft. of Lot 10 & vacated easterly 80 ft. of Harold Court per O.R. 13949; Owner ofrecord: Harold Court Townhomes LLC, 2506 S. MacDill Avenue, Tampa, Florida 33629.4) Resolution 06-20 for $4,568.83 on 321 Coronado Drive; Columbia Sub. No.2, Block A, Lot 6; Owner of record: Roland Rogers, 321 Coronado Drive, Clearwater, Florida 33767 and the appropriate officials be authorized to execute same. SUMMARY: The City's Building Official determined that the residential structures located on the four properties listed above were found to be unsafe, unsanitary, unfit for human habitation, dangerous and/or detrimental to the health, safety and general welfare of the community, and therefore, did not comply with the requirements of the Clearwater Code of Ordinances and the Standard Building Abatement Code. On the first two (Res. 06-17, 06-18), the property owners were each notified, however, they did not abate the unsafe conditions. After taking the required legal steps for each of these two cases, the City hired a contractor and the structures were demolished. For Res. 06-19, the charges involved are the costs the City incurred for securing the structures and keeping them secured when the owner didn't abate the unsafe structure situation. For Res. 06-20, the charges involve the costs the City had incurred to secure the building and kept it secure during the period prior to the owner rehabilitating the structure. A summary of the dates and cost of the demolitions and/or securing the structures are as follows: 1) Res. No. 06-17 for $12,832.40 on 1111 LaSalle Street; Greenwood Park No.2, Block F, Lot 29; Owner of record: Shawn Johnson & Alexandria Wilburn, 12086 134th Place, Largo, Florida 33778; Date of Demolition: December 13, 2005.2) Res. No. 06-18 for $4,934.34 on 1126 Tangerine Street; Greenwood Park, Block C, Lot 29 and W 10ft. of Lot 30; Owner ofrecord: Reuben L. Triplett & Sylvia Triplett, 1349 Springdale Street, Clearwater, Florida 33755; Date of demolition: March 5,2004.3) Res. No. 06-19 for $6,772.11 on 608 Harold Court; Marshall & Brandon's Subdivision, Lots 7, 8, & 9 & E 20ft. of Lot 10 & vacated easterly 80 ft. of Harold Court per O.R. 13949; Owner of record: Harold Court Townhomes LLC, 2506 S. MacDill Avenue, Tampa, Florida 33629; Date of securing the structure: June 17,2005.4) Res. No. 06-20 for $4,568.83 on 321 Coronado Drive; Columbia Sub. No.2, Block A, Lot 6; Owner of record: Roland Rogers, 321 Coronado Drive, Clearwater, Florida 33767; Date of securing the structure: September 16, 2005. Sufficient time has been provided to each of the owners to reimburse the City for the costs incurred in these unsafe building abatement cases; however, the amounts have not been paid. Staff recommends approval of attached Resolutions No. 06-17, 06-18, 06-19 and 06-20 that allow liens to be placed on the properties in the amounts noted above for all of the costs incurred by the City after the owners failed to abate the dangerous residential structures at the addresses gIven. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk RRSOT,TJTTON NO. Otl-17 A RESOLUTION OF THE CITY OF CLEARW A TER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN GREENWOOD PARK NO 2 , CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1111 LASALLE STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $12,832.40 FOR THE COSTS INCURRED BY THE CITY ORDERING THE OWNER TO ABATE A DANGEROUS STRUCTURE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City's costs of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 The Building Official having ordered the abatement of the unsafe building situated on the following described property: Greenwood Park No.2 Elk F, Lot 29 (Parcel Number 10-29-15-33552-006-0290 ). Owner of record: Shawn Johnson, Alexandria Wilburn th 12086 134 Place Largo, FL 33778-1011 and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS (See Attachment "A") $12,832.40 Resolution No. 06 - 17 Section 2 As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of ten percent (10%) per annum. Section:1 The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006 Attest: Frank Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 06- 17 u Interoffice Correspondence Sheet To: Leslie Dougall-Sides, Assistant City Attorney From: Kevin Garriott, Building Official Subject: Demolition lien - 1111 LaSalle Street Date: August 31, 2006 We have attached Resolution No. 06-17 to file a demotion lien on the above property. This property was demolished without the filing of a Waiver of Notice and Hearing, but with completion by the owner. As a result, only partial costs were incurred by the City. The demolition was completed on December13, 2005. Attachment "A" is included containing an itemization of the expenses incurred in this demolition. The Notice of Violation, title search, and other notices are included. Resolution No. 06 - 17 ATTACHMENT "A" Resolution 06-17 (1111 La Salle Street - Clearwater, Florida) TASK TTMR NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS 27.5 RXPRNSRS A MOlTNT Twenty seven point five (27.5) hours @ $53.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search Fidelity Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition (Kimmins Contracting) Legal filings Advertising Sign Securing structure $1,475.50 39.56 71.51 150.00 N/A N/A N/A 8,617.00 20.00 55.61 40.00 2,363.22 TOTAL EXPENSES $12,832.40 LIEN AMOUNT $12,832.40 Resolution No. 06 - 17 RESOLUTION NO. 06-18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN GREENWOOD PARK, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 1126 TANGERINE STREET, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $4934.34 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE WITHOUT THE CONSENT OF THE OWNER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City's costs of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 The Building Official having ordered the abatement of the unsafe building situated on the following described property: Lot 29 west 10 Feet of Lot 30 Block C Greenwood Subdivision (Parcel Number 10-29-15-33534-003-0290 ). Owner of record: Reuben L Triplett & Sylvia Triplett 1349 Springdale Street Clearwater, Florida 33755 and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS (See Attachment "A") $4,934.34 Resolution No. 06- 18 Section 2 As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (10%) per annum. Section 3 The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Attest Frank Hibbard Mayor Approved as to form: Attest Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 06- 18 u Interoffice Correspondence Sheet To: Leslie Dougall-Sides, Assistant City Attorney From: Kevin Garriott, Building Official Subject: Demolition lien - 1126 Tangerine S1. Date: August 31, 2006 We have attached Resolution No. 06-18 to file a demotion lien on the above property. This property was demolished without the filing of a Waiver of Notice and Hearing, but with completion by the owner. As a result, only partial costs were incurred by the City. The demolition was completed on March 5, 2004. Attachment "A" is included containing an itemization of the expenses incurred in this demolition. The Notice of Violation, title search, and other notices are included. Resolution No. 06 - 18 ATTACHMENT "A" Resolution 06-1 8 (1126 Tangerine Street - Clearwater, Florida) TASK NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS EXPENSES Sixteen (16) hours @ $53.00 per hour Film, developing, and prints Certified Mail and regular postage Advertising Legal Filings Title Search - Fidelity Title Services, Inc. Asbestos Survey - Occupational Health Conservation, Inc. Asbestos Removal - Lang Engineering of Florida Monitoring of Asbestos Removal - Occupational Health Conservation, Inc. Demolition (Howard Jimmie Contractor) TOTAL EXPENSES LIEN AMOUNT TIME 16 AMOUNT $848.00 26.68 22.35 75.31 12.00 150.00 N/A N/A N/A 3800.00 $4,934.34 $4,934.34 Resolution No. 06 - 18 RESOLUTION NO. 06-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN MARSHALL & BRANDON'S SUBDIVISION, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 608 HAROLD COURT, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $6,772.11 FOR THE COSTS INCURRED DURING ABATEMENT OF A DANGEROUS STRUCTURE PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City's costs of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 The Building Official having ordered the abatement of the unsafe building situated on the following described property: Marshall & Brandon's Sub lots 7,8,9, & E 20ft of lot 10 & vac E'ly 80ft of Harold Ct. per O.R. 13949 (Parcel Number 16-29-15-55602-000-0070 ). Owner of record: Harold Court Townhomes LLC 2506 S MacDill Avenue Tampa, Florida 33629-7218 and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS (See Attachment "A") $6,772.11 Resolution No. 06- 19 Section 2 As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (10%) per annum. Section 3 The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Attest Frank Hibbard Mayor Approved as to form: Attest Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 06- 19 u Interoffice Correspondence Sheet To: Leslie Dougall-Sides, Assistant City Attorney From: Kevin Garriott, Building Official Subject: Demolition lien - 608 Harold Court Date: August 31, 2006 We have attached Resolution No. 06-19 to file a demotion lien on the above property. This property was demolished without the filing of a Waiver of Notice and Hearing, but with completion by the owner. As a result, only partial costs were incurred by the City. The demolition was completed on June 3, 2005. Attachment "A" is included containing an itemization of the expenses incurred in this demolition. The Notice of Violation, title search, and other notices are included. Resolution No. 06 - 19 ATTACHMENT "A" Resolution 06-1 9 (608 Harold Ct. - Clearwater, Florida) TASK TIME NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs EXPENSES AMOUNT Reinspections @ $53.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search - Fidelity Title Services, Inc. Misc Expenses ( filings, advertising.. Securing of buildings. Demolition (By owner) $5,459.00 130.06 26.93 225.00 64.00 867.1 2 N/A LIEN AMOUNT $6,772.11 $6,772.11 TOTAL EXPENSES Resolution No. 06 - 19 RESOLUTION NO. 06-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN COLUMBIA SUB NO.2, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 321 CORONADO DRIVE, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $4,568.83 FOR THE COSTS INCURRED DURING ABATEMENT OF A DANGEROUS STRUCTURE WITHOUT THE CONSENT OF THE OWNER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not comply with the requirements of said Code before expenses were incurred; and WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe building, and the City's costs of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 The Building Official having ordered the abatement of the unsafe building situated on the following described property: COLUMBIA SUB NO.2 BLK A, LOT 6 (Parcel Number 08-29-15-17586-001-0060 ). Owner of record: ROLAND ROGERS 321 CORONADO DRIVE CLEARWATER, FLORIDA 33767 and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS (See Attachment "A") $4,568.83 Resolution No. 06- 20 Section 2 As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate of eight percent (10%) per annum. Section 3 The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4 This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2006. Attest Frank Hibbard Mayor Approved as to form: Attest Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 06- 20 u Interoffice Correspondence Sheet To: Leslie Dougall-Sides, Assistant City Attorney From: Kevin Garriott, Building Official Subject: Demolition lien - 321 Coronado Dr. Date: August 31, 2006 We have attached Resolution No. 06-20 to file a lien on the above property. These cost were incurred during the rehab without the filing of a Waiver of Notice and Hearing, but with completion by the owner. As a result, only partial costs were incurred by the City. The rehabilitation was completed on September 16, 2005. Attachment "A" is included containing an itemization of the expenses incurred in this during rehabilitation The Notice of Violation, title search, and other notices are included. Resolution No. 06 - 20 ATTACHMENT "A" Resolution 06-20 (321 Coronado Dr. - Clearwater, Florida) TASK TIME NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS 41.5 EXPENSES AMOUNT Forty one &1/2 (41.5) hours @ $53.00 per hour Film, developing, and prints Certified Mail and regular postage Title Search - fidelity Title Services, Inc. Securing structure Miscellaneous costs Legal filings Rehabilitation(Byowner) $2,199.50 28.48 187.08 150.00 1,932.17 55.60 16.00 N/A LIEN AMOUNT $4,568.83 $4,568.83 TOTAL EXPENSES Resolution No. 06 - 20 -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, September 20,20066:39 PM To: Akin, Pam Cc: Horne, William; Kronschnabl, Jeff; Garriott, Kevin; Wright, Bill Subject: Lien Filing Authorization for September 21 City Council Meeting Importance: High Following the questions raised at Monday's worksession I have again reviewed the documentation provided by Development Services re filing of liens on four properties. The documentation shows the following regarding the subject properties: 1. 1111 LaSalleSt.: A Notice of Intent to Lien was recorded at 13462/1305 on 3/29/04. In addition, a Notification of Unsafe Building was advertised on 11/7/04. Two other such ads were prepared, for 7/17/05 and 7/8/05, but the file does not reflect documentation of the ads running. Service on the owner of record is required by the Standard Unsafe Building Abatement Code Secs. 302.1.2 and 302.1.3. The Owner as shown on an 0 & E Report dated 3/29/04 was Estate of Elizabeth Grier. The probate case on Ms. Grier was not instituted, however, until 8/27/04. A letter sent to Elizabeth Grier was returned Attempted not Known 3/19/04. On a subsequent Report dated 7/13/05 the owners are listed as Shawn Johnson and Alexandria Wilburn. Shawn Johnson was served on [date obscured, signed for by Darlene Johnson]. I do not locate verification of service on Wilburn, but the Notice of Intent to Lien should cover her. In addition, a letter from Gregg G. Heckley, Esq. apparently representing the subsequent owners/heirs dated 2/14/05 indicates that at least as of 1/1/05, Shawn Johnson and Alexandria Wilburn own the property. A Request for Legal Services Form dated 3/10/05 concerning the probate issue appears in the file. I have not been able to locate a written response and none appears in the file. In that there was an attempt to serve the owner [who was probably deceased at the time and thus actual service impossible--this could be verified through the Death Certificate], there was a gap of some ten months between the initiation of the Unsafe case and change of ownership of the property, there was no Order Appointing a Personal Representative shown on the probate docket, and the Notice of Intent to Lien was recorded prior to the probate case being filed and prior to the heirs taking ownership, a court might well find that the City's service and notice were sufficient. 2. 1126 Tangerine St.: A Notice of Intent to Lien was recorded at 12703/2244 on 4/29/03. In addition, a Notification of Unsafe Building was advertised on 5/11/03. Service on the owner of record is required by the Standard Unsafe Building Abatement Code Secs. 302.1.2 and 302.1.3. Service on owners Reuben and Sylvia Triplett [signed for by Bea Navarra, undated] was obtained. 3. Harold Ct.: There is documentation in this file concerning three parcels. The Property Appraiser's website shows the three as being consolidated as of 10/05 under Harold Court Townhomes, LLC ownership. A. Parcel 16-29-15-55602-000-0070 I do not find a Notice of Intent to Lien reqardinq this parcel. Service on the owner of record is required by the Standard Unsafe Building Abatement Code Secs. 302.1.2 and 302.1.3. Service on owner Harold Court Townhomes LLC [signed for by L. Richardson 7/16/04 and signed for by Linda Duskelsky undated], and CKS Enterprises [signed for by A. Lunnen 9/2/ year unknown] was obtained. Note that the service is prior to the purchase date as shown on the PA website [10/05]. NOTE: No 0 & E Report concerning this parcel is in the file. NOTE that the Resolution as drafted covers ONLY this parcel and not Parcels 0080 and 0090. B. Parcel 16-29-15-55602-000-0080 A Notice of Intent to Lien was recorded at 12166/1689 on 8/6/02. Service on the owner of record is required by the Standard Unsafe Building Abatement Code Secs. 302.1.2 and 302.1.3. Service on owner indicated by 0 & E Report Harbor Oaks Development, LLC [signed for by Louanne Love 4/1, no year indicated] and former owner Larry Dimmitt Cadillac [signed for by Janis Frist 2/10/99] was obtained. C. Parcel 16-29-15-55602-000-0090 Notices of Intent to Lien were recorded at 12525/2335 and 2350 on 2/10/03. Service on the owner of record is required by the Standard Unsafe Building Abatement Code Secs. 302.1.2 and 302.1.3. Service on owner Harold Court Townhomes LLC [signed for by L. Richardson 7/16/04 and signed for by Linda Duskelsky undated]. What I do not find is indication of service on former owner Estate of Larry C. Matlock, Personal Representative Vicky L. Matlock. The Estate was listed as Owner in the 0 & E Report dated 2/27/03. Therefore, Parcel 0090 needs further clarification prior to lien approval. 4. 321 Coronado Dr.: A Notice of Intent to Lien was recorded at 11974/2461 on 4/30/02. In addition, a Notification of Unsafe Building was advertised on 8/11/02. Service on owners Yolanda Darosa(5/1/02), Frank Perez (5/1/02), and Anthony Amico [signed for by Doreen Laffey 5/31/02] was obtained. In addition, a letter was received from attorney Pat Maguire indicating that he represented Anthony Amico and Frank Perez, indicating that they received notice. IN SUMMARY: It appears from the file that the lien authorization requests for 1111 LaSalle, 1126 Tangerine, and 321 Coronado demonstrate both proper notice to the owner of record and the filing of Notices of Intent to Lien sufficient to put subsequent owners on notice of the City's claim. Therefore, those items could go forward. As to 608 Harold Court, because of the issues outlined above, it may be best to postpone the item pending clarification. , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' .,~ :':: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Joint Participation Agreement with the Florida Department of Transportation (FDOT), District Seven, to provide funding of $436,000 this fiscal year and $1,857,670 in fiscal year 2007 to the City of Clearwater to resurface SR 60/Cleveland Street/Gulf to Bay Boulevard within the corporate limits of Clearwater, Florida, from West of Pierce Boulevard to Highland A venue, and Adopt Resolution 06-51 authorizing it's officers to execute this Joint Participation Agreement with the Florida Department of Transportation, District Seven. SUMMARY: . On August 21,2000, the FDOT and the City executed a Jurisdictional Transfer Agreement, hereby attached by reference and made a part hereof, whereby the City would own and maintain SR 60/Cleveland Street/Gulf to Bay Boulevard from 0.476 miles West of Pierce Boulevard to Highland A venue. . Said Jurisdictional Transfer Agreement was amended on February 13, 2006 and is hereby incorporated by reference herein, and the FDOT agreed to provide to the CITY, funds in the amount of $436,000 (four-hundred thirty- six thousand dollars) for preliminary engineering activities, as programmed in the FDOT's Adopted Five Year Work Program as Financial Project Number 411336 1 3801 in FDOT fiscal year 2006 and the amount of $1,857,670 (one million eight-hundred fifty seven thousand, six hundred seventy dollars), as programmed in the FDOT's Adopted Five Year Work Program as Financial Project Number 411336 1 58 01 in FDOT fiscal year 2008 as compensation to the CITY for its construction of the resurfacing of S.R. 60/Cleveland Street from Myrtle Avenue to Frederica Lane. . An FY 2007 first quarter amendment will increase the budget for FDOT revenue (334411) by $2,293,670 in the Capital Improvement Program project 0315-92269, Downtown Streetscape. . A copy of the agreement is available at the Office of Official Records and Legislative Services. Type: Current Year Budget?: Other None Budget Adjustment: Yes Budget Adjustment Comments: See summary section. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Review Approval: 1) Clerk CITY OF CLEARWATER FPN: 411336 1 38/58 01 JOINT PARTICIPATION AGREEMENT This Agreement made by and entered into on this day of , 2006, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, whose address for purposes of this agreement is 11201 North McKinley Drive, Tampa, Florida, 33612-6456, (hereinafter called the "DEPARTMENT"), and the CITY OF CLEARWATER, a municipal corporation of the state of Florida whose address for purposes of this agreement is 100 South Myrtle Avenue, Clearwater, Florida, 33758-4748 (hereinafter called the CITY); WIT N E SSE T H: WHEREAS, the DEPARTMENT is authorized to enter into agreements with governmental entities in accordance with Section 334.044, Florida Statutes; and WHEREAS, on August 21, 2000, the DEPARTMENT and the City executed a Jurisdictional Transfer Agreement, hereby attached by reference and made a part hereof, whereby the City would own and maintain SR 60/Cleveland Street/Gulf to Bay Boulevard from 0.476 miles West of Pierce Boulevard to Highland A venue; and WHEREAS, said Jurisdictional Transfer Agreement was amended on Febrnary 13,2006 and is hereby incorporated by reference herein, and the D EP AR TMENT agreed to provide to the CITY, funds in the amount of $436,000 (four-hundred thirty-six thousand dollars) for preliminary engineering activities, as programmed in the DEP AR TMENT' s Adopted Five Y ear Work Program as Financial Project Number 411336 1 38 01 in fiscal year 2006 and the amount of $1 ,857,670 (one million eight-hundred fifty seven thousand, six hundred seventy dollars), as programmed in the DEPARTMENT's Adopted Five Year Work Program as Financial Project Number 411336 1 58 01 in fiscal year 2008 as compensation to the CITY for its constrnction of the resurfacing of S.R. 60/Cleveland Street from Myrtle Avenue to Frederica Lane. WHEREAS, the City by Resolution No. , a copy of which is attached hereto, and by reference made a part hereof, has authorized its officers to execute this Agreement on its behalf. NOW, THEREFORE, for and in consideration of the premises herein and other mutual benefits to accrne to each of the parties hereto, it is mutually agreed as follows: SECTION 1 OBLIGATIONS OF THE CITY 1.1 The City shall perform all phases of the project, including design, constrnction and 1 constrnction engineering inspection. 1.2 The City shall be responsible for all costs associated with the project that may be above the amounts currently programmed in the DEP AR TMENT' s Work Program and included in this agreement. 1.3 The City shall keep complete records and accounts in order to record complete and correct entries as to all costs, expenditures, and other items incidental to the cost of the Project. 1.4 Exhibit "A", Project Description and Responsibilities, is attached hereto and made a part of this agreement. SECTION 2 OBLIGATIONS OF THE DEPARTMENT 2.1 The DEP AR TMENT shall provide funds to the City as programmed in the DEP AR TMENT' s Adopted Five Year Work Program as FPN 411336 1 38 01 and 411336 1 58 01. SECTION 3 COMPENSATION AND PAYMENT 3.1. The CITY submitted a letter requesting payment of a single lump sum in the amount of $436,000 (jour hundred thirty six thousand dollars) to the DEPARTMENT on August 24, 2006, as programmed under FPN 411336 1 3801. 3.2 The CITY shall submit a letter requesting payment of a lump sum payment to the DEPARTMENT in the amount of $1,857,670 (one million, eight hundred fifty seven thousand, six hundred seventy dollars) during State Fiscal Year 2007/2008, as programmed under FPN 411336 1 5801. 3.3 The parties recognize and accept the funding restrictions set forth in Section 339.135 (6)(a), Florida Statutes, which provides as follows: (a) "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEP AR TMENT shall require a statement from the comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to 2 be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Section 339.135 (6)(a), Florida Statutes. SECTION 4 AUDIT RESPONSIBILITIES The administration of resources awarded by the DEPARTMENT to the CITY may be subject to audits and/or monitoring by the DEPARTMENT, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instrnctions provided by the DEP AR TMENT staff to the CITY regarding such audit. The CITY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT' s Office ofInspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the DEPARTMENT by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 3 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rnles of the DEPARTMENT of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the DEPARTMENT by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the D EP AR TMENT of Financial Services, and the Auditor General. This section does not limit the authority of the DEPARTMENT to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The DEPARTMENT at each of the following addresses: Florida DEP AR TMENT of Transportation Lawrence Taylor, District JP A/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 5 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the DEPARTMENT for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e )(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida D EP AR TMENT of Transportation Lawrence Taylor, District JP A/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the DEP AR TMENT at each of the following addresses: Florida D EP AR TMENT of Transportation Lawrence Taylor, District JP A/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The DEPARTMENT at each of the following addresses: Florida D EP AR TMENT of Transportation Lawrence Taylor, District JP A/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The DEPARTMENT at each of the following addresses: Florida D EP AR TMENT of Transportation Lawrence Taylor, District JP A/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 6 Tampa, FL 33612 5. Any reports, management letter, or other information required to be submitted to the DEPARTMENT pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the DEP AR TMENT for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEP AR TMENT, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. SECTION 5 INDEMNIFICATION 5.1 To the extent provided by law, the City shall indemnify, defend, and hold harmless the DEP AR TMENT 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 City, its agents, or employees, during the performance of the Agreement, except that neither the City, its agents, or its employees will be liable under this paragraph for any claim, 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, contractors, or employees during the performance of the Agreement. 5.2 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 (14) 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. 7 SECTION 6 COMMENCEMENT AND TERMINATION OF AGREEMENT 6.1 This Agreement shall take effect upon being executed by the parties and shall be terminated upon the earlier of the mutual consent of the parties; or two hundred forty (240) days after final acceptance of the Project; or in accordance with the provisions found in Section 3.1 (c ). SECTION 7 MISCELLANEOUS PROVISIONS 7.1 Any amendment to or modification of this Agreement or any alteration, extension, supplement, or change of time or scope of work shall be in writing and signed by both parties. 7.2 Any notice or other document which either party is required to give or deliver to the other shall be given in writing and served either personally or mailed to: Ms. Mahshid Arasteh, P.E. Public Works Administrator City of Clearwater P. O. Box 1100 Clearwater, FL 33758-4748 (727) 562-4757 Mr. Lawrence Taylor District JP A/LAP Administrator Florida DEP AR TMENT of Transportation 11201 N. McKinley Drive, MS 7-350 Tampa, Florida 33617-6403 (813) 975-6434 7.3 If any word, clause, sentence, or paragraph of the Agreement is held invalid, the remainder of the Agreement would continue to conform to the intent of this Agreement. 7.4 This Agreement shall be governed and constrned in accordance with the laws of the State of Florida. 7.5 Nothing herein shall be constrned to create any third party beneficiary rights in any person not a party to this Agreement. SECTION 8 ENTIRE AGREEMENT This document embodies the whole Agreement of the parties. There are no promises, terms, conditions, or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal between the parties hereto. This Agreement may be modified only in writing executed by all parties. This 8 Agreement shall be binding upon the parties, their successors, assigns and legal representatives. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 9 CITY OF CLEARWATER FPN: 411336 1 38/58 01 IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have caused these presents be executed, the day and year first above written. CITY OF CLEARWATER DEPARTMENT OF TRANSPORTATION CITY CLERK RESOLUTION No. MA YOR CITY OF CLEARWATER SCOTT W. COLLISTER, P.E., CPCM DIRECTOR OF TRANSPORTATION DEVELOPMENT DATE DATE LEGAL REVIEW LEGAL REVIEW ATTORNEY CITY OF CLEARWATER ATTORNEY DEPARTMENT OF TRANSPORTATION 10 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, DEP AR TMENT of Transportation and the City of Clearwater dated _, 2006. PROJECT LOCATION: SR 60/Cleveland Street/Gulf to Bay Boulevard within the corporate limits of Clearwater, Florida, from West of Pierce Boulevard to Highland A venue. PROJECT AGREEMENT DESCRIPTION: The project agreement provides funding to the City of Clearwater to resurface the above referenced area. SPECIAL CONSIDERATIONS BY DEPARTMENT AND CITY The DEPARTMENT will provide funds to the CITY in lump sum payments, upon written request, during the fiscal years in which funds are programmed in the Adopted Five Year Work Program under FPN 411336 1 3801 and 411336 1 5801. 11 EXHIBIT "A" RESOLUTION NO. 065-51 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING EXECUTION OF A JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SEVEN, TO PROVIDE FUNDING TO THE CITY OF CLEARWATER TO RESURFACE SR 60/CLEVELAND STREET/GULF TO BAY BOULEVARD WITHIN THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA FROM WEST OF PIERCE BOULEVARD TO HIGHLAND AVENUE; PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Department of Transportation (FDOT) is authorized to enter into agreements with governmental entities in accordance with Section 334.044, Florida Statutes; and WHEREAS, on August 21, 2000, the FDOT and the City executed a Jurisdictional Transfer Agreement, hereby attached by reference and made a part hereof, whereby the City would own and maintain SR 60/Cleveland Street/Gulf to Bay Boulevard from 0.476 miles West of Pierce Boulevard to Highland Avenue; and WHEREAS, said Jurisdictional Transfer Agreement was amended on Febrnary 13, 2006 and is hereby incorporated by reference herein, and the FDOT agreed to provide to the CITY, funds in the amount of $436,000 (four-hundred thirty-six thousand dollars) for preliminary engineering activities, as programmed in the FDOT's Adopted Five Year Work Program as Financial Project Number 411336 1 38 01 in fiscal year 2006 and the amount of $1,857,670 (one million eight-hundred fifty seven thousand, six hundred seventy dollars), as programmed in the FDOT's Adopted Five Y ear Work Program as Financial Project Number 411336 1 5801 in fiscal year 2008 as compensation to the CITY for its constrnction of the resurfacing of S.R. 60/Cleveland Street from Myrtle Avenue to Frederica Lane. WHEREAS, the City Council wishes to authorize an office of the City to enter into a Joint Participation Agreement with the State of Florida Department of Transportation, District Seven; Resolution No. 06-51 NOW THERFORE BE IT RESOLVED by the City Council of Clearwater, Florida, in regular session duly assembled that: 1. The Mayor is hereby authorized to execute a Joint Participation Agreement for a portion of S.R. 60/Cleveland Street/Gulf to Bay Boulevard 2. City staff is authorized to make payment requests for the $436,000 this fiscal year and for the $1,857,670 after July 1, 2007. 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 2006. Frank V. Hibbard Mayor Approved as to form: Attest: Carlos F. Colon Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution No. 06-51 , (. ~L~,rr.'Iu. A~\." .~~~~ ~ ' .,~ :-:: r:' .~ C:i, "~'V8:<c ,="". ... :~ . ..... ,~ -~ ...... '~ -i1"\; -. - .. . ~-.- ',:.,:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2005/06 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 7710-06 and 7711-06 on first reading. SUMMARY: The fiscal year 2005/06 Operating and Capital Improvement Budgets were adopted in September 2005 by Ordinances 7497-05 and 7498-05. Section 2.521 of the City's Code of Ordinances requires that the City Manager prepare a quarterly report detailing income and expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all active capital improvement projects. The attached memorandum outlines the major issues detailed in the accompanying report. Type: Current Year Budget?: Other Yes Budget Adjustment: Yes Budget Adjustment Comments: Amends budget does not purchase goods or services. Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: Other Review Approval: 1) Clerk Third Quarter Budget Review Fiscal 2005-06 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Horne, City Manager COPIES: Garry Brnmback, Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report DATE: September 1,2006 Attached is the Third Quarter Budget Review in accordance with the City Code of Ordinances. The report is based on nine months of activity (October, 2005 through June, 2006) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund General Fund revenues and expenditure amendments reflect a net increase of $1,605,510. Major reasons for the overall General Fund expenditure increase includes the appropriation of $1 million General Fund revenues to the emergency operations project, increases in utility costs in recreational facilities totaling $ 202,740, an increase of $108,500 in contractual service costs for outside inspections in Development Services which has been previously approved by the Council, funding in the amount of $182,030 for the payment of accrned leave for several retirements, $77,000 recognizing an increase for the emergency operations budget which is offset by related grants, and an increase of $35,240 is due to special event activities. All budget increases are offset by increases in anticipated revenues. In addition, it is expected that approximately $1.9 million will be transferred to General Fund reserves at year-end. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. Estimated General Fund reserves at third-quarter are approximately $17.3 million, or 15.6% of the current year's General Fund budget, and 14.0% of the 2006/07 proposed budget, exceeding the City's minimum reserve policy by approximately $6.8 million. Third Quarter Budget Review Fiscal 2005-06 City Manager's Transmittal Other siJ?nificant increases to the budgets of other City Operating Funds are noted follows. Water and Sewer Fund The Water and Sewer Fund recognizes the transfer of $3.6 million of retained earnings in the Water and Sewer Fund to capital improvement projects funding projects with available cash first, due to the reduction of bond funding with the issuance of the 2006 Revenue Bonds. Stormwater Fund There are no expenditure amendments to the Stormwater Fund. The only amendment recognizes the return of $2 million from the capital improvement fund recognizing the "75%" funding level for capital projects approved by Council with the adoption of the 2006 Storm water rate study. Solid Waste Fund The Solid Waste Fund recognizes an increase of $51,480 in various operating line items, which is offset by anticipated increases in revenues for cash pool interest earnings and other miscellaneous revenues. Recvcline Fund Expenditure amendments totaling $33,800 primarily reflect an increase in the cost of inventory for resale due to higher market prices. This increase is more than offset by increased revenue from the sale of recyclables and higher than anticipated interest earnings. Marine and Aviation Fund At third quarter, the Marine and Aviation Fund recognizes an increase of $1 million for fuel purchases which is offset by anticipated revenues from gas and oil sales. The Council had previously approved this amendment in August 2006. Garaee Fund Proposed amendments to the Garage Fund total $464,830. The primary amendment to the Garage Fund reflects increased costs for fuel and parts, which is offset by anticipated increases in revenue from the sale of surplus vehicles and service charges to departments. Third Quarter Budget Review Fiscal 2005-06 City Manager's Transmittal Capital Improvement Fund Third quarter amendments to the Capital Improvement Fund reflect a decrease of $4,774,158. This decrease is primarily due to two specific issues: First, the return of $2 million to the Stormwater Fund from recognizing the "75%" funding level for capital projects approved by Council with the adoption of the 2006 Stormwater rate study; and second, a $2.4 million decrease in project 315-94234, Motorized Equipment, which is a budget adjustment only, recognizing an adjustment between budget and actual cost savings of equipment purchased over several fiscal years. Project budget increases not previously approved by the Council are outlined on page 18 and includes budgeted increases of $320,185 to project 96124, Storm Pipe System Improvements and $123,394 to 343- 96619, WWTP Generator Replacements, funded by interest earned on bond proceeds. Special Proeram Fund The Special Program Fund reflects a net budget increase of $2,813,792 at third quarter. Amendments include the transfer of almost $1 million from the General Fund to provide additional funding to the emergency operations project, $300,000 from savings in the Fire Department operating budget to support further training efforts, $445,540 in CDBG program income, almost $370,000 from Special Event programs and $300,680 from police fines and court proceeds to support public safety programs. CITY OF CLEARWATER THIRD QUARTER SUMMARY 2005/06 FY 05/06 Amended Third Third Third Adopted Previous Quarter Quarter Quarter Amended Description Budget Quarter Projected Actual Variance % Adjustment Budget General Fund: Revenues 111,399,910 111,710,529 89,437,467 93,208,270 3,770,803 4% 1,605,510 113,316,039 Expenditures 111,399,910 111,710,529 87,819,910 86,116,232 1,703,678 2% 1,605,510 113,316,039 Utilitv Funds: Water & Sewer Fund Revenues 51,781,310 51,781,310 38,438,676 38,127,743 -310,933 -1% 3,632,682 55,413,992 Expenditures 49,847,580 49,847,580 38,227,254 37,914,086 313,168 1% 3,632,682 53,480,262 Stormwater Fund Revenues 11,531,030 11,531,030 8,648,265 8,503,794 -144,471 -2% 2,083,895 13,614,925 Expenditures 11,398,620 11,323,620 8,985,894 8,818,217 167,677 2% 0 11,323,620 Gas Fund Revenues 42,062,990 48,337,940 37,644,891 35,874,013 -1,770,878 -5% -709,100 47,628,840 Expenditures 40,533,050 47,012,970 38,345,018 34,791,812 3,553,206 9% -723,430 46,289,540 Solid Waste Fund Revenues 17,298,140 18,365,957 13,885,986 14,006,487 120,501 1% 54,800 18,420,757 Expenditures 17,298,140 17,346,940 13,235,405 12,824,918 410,487 3% 51,480 17,398,420 Recvclinq Fund Revenues 2,557,900 2,708,956 2,071,628 2,209,805 138,177 7% 85,000 2,793,956 Expenditures 2,557,020 2,672,236 2,074,199 2,024,645 49,554 2% 33,800 2,706,036 Enterorise Funds: Marine & Aviation Fund Revenues 3,850,400 3,850,400 2,887,818 3,178,502 290,684 10% 1,171,481 5,021,881 Expenditures 3,601,820 3,601,820 2,790,633 3,327,534 -536,901 -19% 1,000,000 4,601,820 Parkinq Fund Revenues 4,782,260 4,723,084 3,509,419 4,118,818 609,399 17% 350,000 5,073,084 Expenditures 4,609,970 4,513,470 3,482,117 3,319,746 162,371 5% 0 4,513,470 Harborview Center Revenues 2,211,770 692,150 566,313 557,435 -8,878 -2% 0 692,150 Expenditures 2,211,770 692,150 621 ,240 625,191 -3,951 -1% 0 692,150 Internal Service Funds: General Services Fund Revenues 4,117,710 4,124,710 3,095,272 3,099,377 4,105 0% 2,550 4,127,260 Expenditures 4,104,120 4,111,120 3,160,339 3,125,870 34,469 1% 2,550 4,113,670 Administrative Services Revenues 9,106,290 9,106,290 6,829,719 6,686,354 -143,365 -2% 0 9,106,290 Expenditures 9,053,370 9,053,370 7,031,308 6,766,540 264,768 4% 0 9,053,370 Garaqe Fund Revenues 11,330,890 11,901,538 8,271 ,268 8,957,849 686,581 8% 464,934 12,366,472 Expenditures 11,330,890 11,890,408 9,188,275 9,246,968 -58,693 -1% 464,830 12,355,238 Central Insurance Fund Revenues 19,759,210 20,984,883 14,543,404 14,381,329 -162,075 -1% 0 20,984,883 Expenditures 18,737,140 19,962,813 15,295,575 14,487,206 808,369 5% 0 19,962,813 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2005-06 REPORT PAGE # General Fund Operating Budget......................................................................................................................... ............ 3 Utility Funds Operating Budget........................................................................................................................ ............. 7 Other Enterprise Funds Operating Budgets ................................................................................................................ 12 Internal Service Funds Operating Budgets................................................................................................................... 14 Capital Improvement Program Budget......................................................................................................................... 18 Special Program Fund Budget......................................................................................................................... ............. 34 Special Development Funds ......................................................................................................................................... 46 Administrative Change Orders........................................................................................................................ .............50 Ordinances.................................................................................................................... ................................................52 Third quarter budgets were projected in the following manner: All department expenditure budgets have been established on a month-to-month basis so that projects identified in the report are not simply time percentages applied to annual budgets but rather department director's judgment of month-to-month expenditures. This technique was also used for revenue projections. The actual and projected data contained in this review represents nine months, October 1,2005 through June 30,2006. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2006. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 15, 2005. Third Quarter Projections Monthly budgets submitted by departments are based on prior year experience and unique circumstances. Third Quarter Actual Self-explanatory. Variance Difference between Third Quarter projected and Third Quarter actual. Variance % % of variance to Third Quarter projection. Adjustments Adjustments that have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed based on Third Quarter review. Amended Budget Adding the Original Budget and Adjustments. Amended Budget % Percentage change of amended budget to original budget. 1 Capital Improvement Projects The amended 2005/06 Capital Improvement Projects budget report is submitted for the City Council review. This review provides the opportunity to analyze the status of all active projects and present formal amendments to the project budget. The Capital Improvement and Special Program funds information is presented as follows: Definitions: Budget The budget as of October 1, 2005, which includes budgets from prior years, which have not been completed. Amendment Amendments which have been approved by the City Council, made at the Manager's discretion, and/or adjustments proposed as a result of the Third Quarter reVIew. Revised Budget Adding columns one and two. Expenditure Self-explanatory. Encumbrance Outstanding contract or purchase order commitment. Available Balance Difference between revised budget and expenditure plus encumbrance. Status C - project is completed Amend Ref Reference number for description of amendment. 2 Propertv Taxes Franchise Fees Licenses & Permits Interaovernmental: Sales Tax/ Communications Svcs Tax/Other Charaes for Service Interest Income Miscellaneous Interfund Charaes/Transfers In Transfer ( to) from Retained Earninas Increase/ (Decrease) 304,230 1,104,000 1,028,800 716,000 (3,500) 350,000 (136,260) 160,000 (1,917,760) 1,605,510 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2005/06 Description By the end of August, basically all property tax revenues have been received. The budget is adjusted to reflect actual collections for the year. The budget amendment reflects an increase in anticipated revenues from electric franchise fees based upon collections for the first ten months of the year. Electric franchise collections are $ 875,000, or 17%, more than last year's collections as of the end of July. At third quarter, license and permit revenue is increased by $1,028,800, primarily due to higher than anticipated revenues generated from building permits. Permit revenue is $847,000, or 45%, more than last year's collections as of the end of July. This amendment increases Federal Grant revenue in the amount of $77,000 to reflect funds received to support an emergency management coordinator program. This revenue offsets an increase in expenditures within the City Manager's Office for this purpose at third quarter. In addition, we have received $119,000 from FOOT as a reimbursement for related street improvements. The amendment also reflects an increase of $520,000 in anticipated revenue sharing proceeds. A $3,500 reduction is proposed at third quarter to user revenues generated by Parks & Recreation programs and events. The third quarter amendments recognize an anticipated increase of $350,000 in interest earnings based upon a slight improvement in interest rates. This amendment increases Miscellaneous revenues by $38,740 for higher Vending Machine revenue generated at Parks & Recreation centers and other city facilities. The amendment also reflects a budget decrease of approximately $175,000 in capitalized labor charges to projects. The budget amendment of $160,000 reflects higher than anticipated receipts for public service material charges. With higher than anticipated revenues for the fiscal year, the budget amendment reflects the anticipated transfer of $1,917,760 to retained earnings at the end of the fiscal year. 3 Citv Manaaer's Office City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Description 77,000 This $77,000 amendment increases the budget to support the emergency management coordinator program. Federal Grant revenue received in this same amount offsets this increase in expenditures at third quarter. Citv Auditor 2,500 The budget amendment reflect an increase of $2,500 to expenditures to offset minor increases in several categories. This increase is offset by a decrease in the Official Records and Legislative Services operating budget. Development & Neiahborhood Services At third quarter two amendments increase the budget by $132,830. The Fire Plans Review operation, and three FTEs, transfers to the Fire Department to allow coordination of activities within the Fire Department. This involves the transfer of operational savings in the amount of $24,320 from Fire to Development Services to close the Fire Plans review operation and transfer this operation to the Fire Department. Additionally, an amendment to increase Contractual Services by $108,500 was approved by the Council at the July 18, 2006 Council meeting. This allows contractor assistance with plans review of the current influx of site plans and is offset by higher building permit revenue. 132,820 Fire (24,320) Two amendments are proposed at third quarter. One amendment transfers the Fire Plans Review responsibilities and three FTEs from Development Services to the Fire Department to allow coordination of activities within the Fire Department. This amendment also reflects the transfer of operational savings in the amount of $24,320 from Fire to Development Services to close out the Fire Plans review operation in that Department. A second amendment will transfer $300,000 of operational savings to the Special Program Fund project 181-99843, Management Training Initiatives, to fund instructional programs for Fire personnel. 4 Human Resources City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Description This budget amendment reflects a budget increase of $70,300 for retirement payout expenses for a long-term employee. This increase will be more than offset by anticipated increases in several revenue categories. 70,300 Librarv 80,000 This amendment increases the budget $80,000 to cover higher than anticipated utility costs at library locations at third quarter, primarily due to increases in the fuel component of the energy bill. Marine & Aviation 9,500 This amendment reflects a budget increase of $9,500 to cover the payout of accumulated sick and vacation time for a retired employee. This increase will be more than offset by anticipated increases in several revenue categories. Non-Departmental 1,000,000 This amendment provides for the transfer of $1 million to project 181-99927, Emergency Operations, to provide additional funds to prepare for a natural disaster or similar emergency event. Official Records and Leaislative Services Operating savings in the Official Records & Legislative Services budget is transferred to the City Auditor's Office at third quarter to provide for necessary increases in the City Audit operations budget. (2,500) Parks & Recreation 260,210 This amendment increases the budget $122,740 for higher utility costs at recreation facilities, $102,230 to fund pay-out of accumulated vacation and sick time hours to retiring department employees, and an additional $ 30,240 to provide additional funding for special events that were outside the original budget purposes including the Iron Man kickoff celebration, an extra day for Fourth of July Holiday events, and the Hispanic Festival. These budget increases are offset by anticipated increases in General Fund revenues. The net amendment is an increase of $260,210 at third quarter. Net General Fund Expenditure Amendment 1,605,510 5 GENERAL FUND THIRD QUARTER REVIEW For Nine Month Period of October 1, 2005 - June 30,2006 2005/06 2005/06 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL FUND General Fund Revenues Property Taxes 44,878,180 43,980,680 45,126,145 1 ,145,465 3% 304,230 45,182,410 Franchise Fees 7,902,130 5,022,503 5,706,630 684,127 14% 1,104,000 9,006,130 Utility Taxes 10,810,200 7,417,533 7,188,792 (228,741 ) -3% 10,810,200 Licenses, Permits & Fees 4,015,000 2,255,006 3,364,853 1,109,847 49% 1,028,800 5,043,800 Intergovernmental Sales Tax 6,325,000 4,216,664 3,838,019 (378,645) -9% 6,325,000 Communications Services Tax 6,547,070 3,864,712 3,956,880 92,168 2% 6,547,070 Other Intergovernmental 10,010,270 6,977,384 7,467,239 489,855 7% 716,000 10,726,270 Charges for Services 3,762,200 2,600,602 2,863,415 262,813 10% (3,500) 3,758,700 Fines & Forfeitures 842,000 635,000 709,216 74,216 12% 842,000 Interest Income 529,000 396,750 870,853 474,103 119% 350,000 879,000 Miscellaneous Revenues 1,041,540 781,153 575,502 (205,651 ) -26% (136,260) 905,280 Interfund ChargeslTransfers In 14,887,912 11,289,480 11,540,726 251,246 2% 160,000 160,000 Operating Revenues 111,550,502 89,437,467 93,208,270 3,770,803 4% 3,523,270 115,073,772 Transfer (to) from Surplus 160,026 nla (1,917,760) (1,757,734) Total Revenues 111,710,529 89,437,467 93,208,270 3,770,803 4% 1 ,605,510 113,316,039 General Fund Expenditures City Council 299,540 230,691 184,612 46,079 20% 299,540 City Manager's Office 1,075,050 839,537 904,397 (64,860) -8% 77,000 1,152,050 City Attorney's Office 1,580,800 1,229,292 1 ,235,899 (6,607) -1% 1,580,800 City Auditor's Office 145,960 114,301 115,410 (1,109) -1% 2,500 148,460 Development & Neighborhood Svcs 3,912,330 3,067,054 3,043,797 23,257 1% 132,820 4,045,150 Economic Development & Housing 1,417,330 1,091,354 1,085,081 6,273 1% 1,417,330 Equity Services 348,330 269,287 238,777 30,510 11% 348,330 Finance 2,157,900 1,688,927 1,605,921 83,006 5% 2,157,900 Fire 20,658,540 16,537,293 16,011,095 526,198 3% (24,320) 20,634,220 Human Resources 1,207,690 932,501 934,539 (2,038) 0% 70,300 1,277,990 Library 6,083,158 4,839,123 4,778,692 60,431 1% 80,000 6,163,158 Marine & Aviation 482,830 369,244 359,859 9,385 3% 9,500 492,330 Non-Departmental 4,703,759 4,006,799 4,000,077 6,722 0% 1,000,000 5,703,759 Office of Management & Budget 315,680 247,683 234,408 13,275 5% 315,680 Official Records & Legislative Svcs 1,250,160 967,927 831,594 136,333 14% (2,500) 1,247,660 Parks & Recreation 20,250,360 15,675,049 15,412,396 262,653 2% 260,210 20,510,570 Planning 1,484,330 1,153,993 977,873 176,120 15% 1,484,330 Police 33,243,510 25,942,332 25,807,386 134,946 1% 33,243,510 Public Communications 989,192 763,139 713,392 49,747 7% 989,192 Public Works Administration 10,104,080 7,854,384 7,641,027 213,357 3% 10,104,080 Total Expenditures 111,710,529 87,819,910 86,116,232 1 ,703,678 2% 1 ,605,510 113,316,039 6 Water & Sewer Fund Revenues: Expenditures: City of Clearwater Utility Funds Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Description At third quarter, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $2,062,962 for FY 2005/06. 3,632,682 The negative variance in Non-Operating revenues is due to the timing of the year-end closing of the construction bond funds into the Water & Sewer operating fund and the recognition of the related interest earnings in the parent fund. Interest earning receipts area approximately as budgeted for the year in the Stormwater Fund. Revenue amendment increases in the amount of $3,503,449.89 are proposed to use retained earnings to replace bond proceeds for some Capital Improvement Program projects at third quarter as noted below. In addition, a budget increase of $129,232.46 reflects the return of funds from capital project 315-96611, BioSolids Treatment, due to the restructuring of the bond fund proceeds. 3,632,682 Expenditure amendments in the amount of $3,632,682.35 are proposed to increase transfers to the Capital Improvement Program to fund projects. This amendment changes funding from use of bond proceeds to use of fund resources. The CIP projects include: 315-96665 Sanitary Sewer ($1,356,077.49), 315-96619 WWTP Generator Replacement ($445,752.86),315-96620 WWTP Headworks ($188,980), 315-96621 WWTP New Presses ($164,650), 315-96611 Bio Solids Treatment ($305,350), 315-96615 Odor Control ($369,479.31), 315-96764 Reverse Osmosis Plant Expansion Reservoir #1 ($534,979.55), and 315- 96742 Line Relocation Capitalized ($267,413.14). 7 Stormwater Fund Revenues: Expenditures: City of Clearwater Utility Funds Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Description At third Quarter, anticipated revenues of the Stormwater Fund exceed anticipated expenditures by $2,291 ,305 for FY 2005/06. The negative variance in Non-Operating revenues is due to the timing of the year-end closing of the construction bond funds into the Stormwater operating fund and the recognition of the related interest earnings in the parent fund. Interest earning receipts area approximately as budgeted for the year in the Stormwater Fund. Proposed revenue amendments reflect the return of $2,083,894.90 of Stormwater revenue from Capital Improvement Program projects for reappropriation as outlined in the 2006 Stormwater Rate Study. The projects returning funds are: 315-96129 Stevenson Creek Estuary Restoration ($165,870.00), 315-96144 Stevenson Creek Implementation ($674,923.16), 315-96149 Storm System Expansion ($424,000.00), and 315-96154 Alligator Creek 2,083,895 Drainage ($819,101.74). No expenditure amendments are proposed at third o quarter. Gas Fund Revenues: Expenditures: At third Quarter, anticipated revenues of the Gas Fund exceed anticipated expenditures by $1 ,339,300 for FY 2005/06. Revenue amendments include a $1,000,000 decrease in Gas Sales offset by a decrease in inventory purchased for resale, an increase of $150,000 in interest income, use of $139,000 of retained earnings to fund a transfer to Capital Improvement Project 315-96382, Gas Inventory - Work Management System, as approved by the Council June 1, 2006, and a $1,900 increase in miscellaneous items. The net change is a $709,100 reduction in anticipated fund revenues and is entirely offset by a decrease in (709,100) expenditures. Expenditure amendments include decreases of $881,000 in Inventory Purchased for Resale and $65,000 for Promotional Activities, and increases for a $139,000 transfer of retained earnings to capital project 315-96382, Gas Inventory - Work Management System, as approved by the Council on June 1, 2006, $49,000 for pipe, lighting, and roof repairs for gas facilities, and $34,900 to outfit a replacement vehicle. Other minor increases and decreases that net to a $330 decrease result in total net decrease to expenditures (723,430) of $723,330 at third quarter. 8 Solid Waste Fund Revenues: Expenditures: Increase/ (Decrease) 54,800 51 ,480 City of Clearwater Utility Funds Third Quarter Amendments FY 2005/06 Description At third quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $1 ,022,337 for FY 2005/06. Proposed revenue amendment increases reflect $40,000 for higher Cash Pool Interest Earnings, an increase of $13,000 of Other Revenues for compactor rentals, $4,000 for additional Sale of Recyclables, a decrease of $1,200 for lower expected reimbursements of Workers Compensation Claims, and a $1,000 decrease in expected late payment revenues. The net amendment is a $54,800 increase in proposed fund revenues at third quarter. Expenditure amendment increases reflect $45,700 for equipment rental, $4,900 for higher utility costs than projected, and an $800 net increase across other codes. The net budget amendment is a $51,480 increase and is offset by higher expected revenues. Recvclina Fund Revenues: Expenditures 85,000 33,800 At third quarter, anticipated revenues of the Recyclinq Fund exceed anticipated expenditures by $87,920 for FY 2005/06. Proposed revenue amendments reflect increases of $76,000 in the sale of recyclables due to higher than projected market prices for commodities and $9,000 in cash pool interest earnings. The expenditure amendments include increases of $22,000 for the cost of Inventory purchases for resale due to higher market prices for recyclable commodities purchased from adjacent communities, $16,000 for Garage Services due to greater cost of fuel and vehicle repairs, $7,500 for equipment repairs, and $1,300 for employee uniforms. These are partially offset by a $13,000 decrease in personnel expenditures due to using less part time employee hours. The net expenditure amendment for the Recycling Fund reflects a total increase of $33,800 that is more than offset by increased revenues. 9 UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2005 to June 30, 2006 2005/06 2005/06 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget WATER & SEWER FUND Water & Sewer Fund Revenues Operating Revenue 48,179,600 36,134,889 36,151,402 16,513 0% 48,179,600 Non-Operating Revenue 2,896,710 2,172,540 1 ,084,983 (1,087,557) -50% 2,896,710 Contributions 175,000 131,247 891,358 760,111 579% 175,000 Transfers In na 129,232 129,232 Use of Fund Equity 530,000 na 3,503,450 4,033,450 Total Revenues 51,781,310 38,438,676 38,127,743 (310,933) -1% 3,632,682 55,413,992 Water & Sewer Fund Expenditures Public Utilities Administration 760,870 582,742 554,849 27,893 5% 760,870 Wastewater Collection 5,662,880 4,495,233 4,484,970 10,263 0% 1,356,077 7,018,957 WPC/Plant Operations 11,877,230 9,142,362 9,042,477 99,885 1% 1,474,212 13,351,442 WPC/Laboratory Operations 1,515,070 1,154,170 1,180,698 (26,528) -2% 1,515,070 WPC/lndustrial Pretreatment 659,440 507,197 494,952 12,245 2% 659,440 Water Distribution 7,242,620 5,636,584 5,593,487 43,097 1% 802,393 8,045,013 Water Supply 11 ,234,810 8,473,467 8,228,917 244,550 3% 11,234,810 Reclaimed Water 1 ,097,160 887,368 985,617 (98,249) -11% 1 ,097,160 Non-Departmental 9,797,500 7,348,131 7,348,119 12 0% 9,797,500 Total Expenditures 49,847,580 38,227,254 37,914,086 313,168 1% 3,632,682 53,480,262 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 10,819,530 8,114,643 8,311,160 196,517 2% 10,819,530 Non-Operating Revenues 711,500 533,622 192,634 (340,988) -64% 711,500 Transfers In n/a 2,083,895 2,083,895 Use of Fund Equity n/a Total Revenues 11,531,030 8,648,265 8,503,794 (144,471) -2% 2,083,895 13,614,925 Stormwater Utility Expenditures Stormwater Management 4,416,810 3,333,114 3,257,059 76,055 2% 4,416,810 Stormwater Maintenance 6,906,810 5,652,780 5,561,158 91,622 2% 6,906,810 Total Expenditures 11 ,323,620 8,985,894 8,818,217 167,677 2% 11 ,323,620 GAS FUND Gas Fund Revenue Operating Revenues 45,951,100 36,853,759 34,973,231 (1,880,528) -5% (1,000,000) 44,951,100 Non-Operating Revenues 534,640 444,879 532,800 87,921 20% 151,900 686,540 Transfers In na Capitalized Labor 445,000 346,253 367,982 21,729 6% 445,000 Use of Fund Equity 1,407,200 na 139,000 1 ,546,200 Total Revenues 48,337,940 37,644,891 35,874,013 (1,770,878) -5% (709,100) 47,628,840 Gas Fund Expenditures Administration & Supply 33,391 ,870 26,682,483 23,081,708 3,600,775 13% (990,300) 32,401,570 South Area Gas Operations 4,637,230 3,871 ,041 4,054,950 (183,909) -5% 228,110 4,865,340 North Area Gas Operations 6,039,960 5,506,354 5,661,317 (154,963) -3% 105,180 6,145,140 Marketing & Sales 2,943,910 2,285,140 1 ,993,837 291,303 13% (66,420) 2,877,490 Total Expenditures 47,012,970 38,345,018 34,791,812 3,553,206 9% (723,430) 46,289,540 10 SOLID WASTE FUND Solid Waste Revenues Operating Revenues 16,513,900 12,385,422 12,388,312 2,890 0% (1,000) 16,512,900 Non-Operating Revenues 483,800 375,050 492,652 117,602 31% 55,800 539,600 Transfers In 1,161,017 1,125,514 1 ,125,523 9 0% 1,161,017 Use of Fund Equity 207,240 na 207,240 Total Revenues 18,365,957 13,885,986 14,006,487 120,501 1% 54,800 18,420,757 Solid Waste Expenditures Collection 14,206,910 10,811,360 10,557,828 253,532 2% 46,190 14,253,100 Transfer 1,325,670 1,010,143 962,396 47,747 5% 350 1 ,326,020 Container Maintenance 700,090 537,867 539,521 (1,654) 0% 700,090 Administration 1,114,270 876,035 765,173 110,862 13% 4,940 1,119,210 Total Expenditures 17,346,940 13,235,405 12,824,918 410,487 3% 51 ,480 17,398,420 RECYCLING FUND Recycling Revenues Operating Revenues 2,551,900 1,935,822 2,044,777 108,955 6% 76,000 2,627,900 Non-Operating Revenues 157,056 135,806 165,028 29,222 22% 9,000 166,056 Total Revenues 2,708,956 2,071 ,628 2,209,805 138,177 7% 85,000 2,793,956 Recycling Expenditures Residential 938,870 726,553 715,285 11,268 2% 16,100 954,970 Multi-Family 465,510 355,830 353,571 2,259 1% 1,000 466,510 Commercial 1,267,856 991,816 955,789 36,027 4% 16,700 1 ,284,556 Total Expenditures 2,672,236 2,074,199 2,024,645 49,554 2% 33,800 2,706,036 11 Marine & Aviation Fund Revenues: Expenditures: Increase/ (Decrease) 1,171,481 1,000,000 City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2005/06 Description Anticipated revenues of the Marine & Aviation Fund exceed anticipated expenditures by $420,061 at third quarter FY 2005/06. Third quarter revenue amendments reflect increases of $1,170,000 in gas and oil sales due to increased volume and the higher price of fuel, and the return of $1,481 of unused funds from the Special Program Fund project 181-99710, Clearwater Marine Aquarium Improvements. The project closed at First Quarter 2006. Expenditure amendments reflect an increase of $1,000,000 in fuel purchased for resale at the Marina, approved by the Council on 8/3/2006. The increase is due to the increased volume and cost of fuel and is offset by the anticipated revenue increase above. Parkina Fund Revenues: Expenditures: 350,000 o Anticipated revenues of the Parkinq Fund exceed anticipated expenditures by $559,614 at third quarter FY 2005/06. A proposed revenue amendment increase of $350,000 reflects an interfund transfer from the Capital Improvement Program. Project 315-92637, Electronic Signing has been postponed until the completion of Beach Walk and the funds are being returned to the Parking Fund. No amendments are proposed at third quarter. Harborview Fund Revenues: Expenditures: At third quarter, anticipated revenues of the Harborview Fund equal anticipated expenditures for FY 2005/06. o o No amendments are proposed at third quarter. No amendments are proposed at third quarter. 12 ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2005- June 30, 2006 2005/06 2005/06 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget MARINE & AVIATION FUND Marine & Aviation Fund Revenues Operating Revenues 3,630,750 2,723,076 3,058,514 335,438 12% 1,170,000 4,800,750 Non-Operating Revenues 219,650 164,742 118,508 (46,234) -28% 0 219,650 Transfers In 1,481 1,481 na 1,481 1,481 Use of Fund Equity na 0 Total Revenues 3,850,400 2,887,818 3,178,502 290,684 10% 1,171,481 5,021,881 Marine & Aviation Fund Expenditures Marine Department 3,451,530 2,673,270 3,223,237 (549,967) -21% 1,000,000 4,451,530 Airpark 150,290 117,363 104,298 13,065 11% 0 150,290 Total Expenditures 3,601 ,820 2,790,633 3,327,534 (536,901 ) -19% 1,000,000 4,601 ,820 PARKING FUND Parking Fund Revenues Operating Revenues 4,399,090 3,257,094 3,634,457 377,363 12% 0 4,399,090 Non-Operating Revenues 286,670 215,001 447,037 232,036 108% 0 286,670 Transfers In 37,324 37,324 37,324 0 0% 350,000 387,324 Total Revenues 4,723,084 3,509,419 4,118,818 609,399 17% 350,000 5,073,084 Parking Fund Expenditures Public Wks/Parking System 3,265,490 2,539,886 2,369,930 169,956 7% 0 3,265,490 Public Wks/Parking Enforcement 600,000 458,076 460,102 (2,026) 0% 0 600,000 Beach Guard Operations 647,980 484,155 489,715 (5,560) -1% 0 647,980 Total Expenditures 4,513,470 3,482,117 3,319,746 162,371 5% 0 4,513,470 HARBORVIEW FUND Harborview Center Fund Revenues Operating Revenues 230,000 138,753 141,815 3,062 2% 0 230,000 Non-operating Revenues 138,380 103,790 91,850 (11,940) -12% 0 138,380 Transfers In 323,770 323,770 323,770 0% 0 323,770 Total Revenues 692,150 566,313 557,435 (8,878) -2% 0 692,150 Harborview Center Fund Expenditures Harborview Center Operations 692,150 621,240 625,191 (3,951) -1% 0 692,150 Total Expenditures 692,150 621 ,240 625,191 (3,951) -1% 0 692,150 13 General Services Revenues: Expenditures: Increase/ (Decrease) 2,550 2,550 City of Clearwater Internal Service Funds Third Quarter Amendments FY 2005/06 Description At third quarter, anticipated revenues of the General Services Fund exceed anticipated expenditures by $13,590 for FY 2005/06. Revenue amendments reflect an increase of $2,550 in construction charges for work performed by the Projects Crew for departments. Third quarter amendments reflect a net increase of $2,550 primarily due to increases in electric and utility charges. The line item increases are offset by decreases in equipment repair and contractual services costs and the additional revenues noted above. Administrative Services Revenues: Expenditures: At third quarter, anticipated revenues of the Administrative Services Fund exceed anticipated expenditures by $52,920 for FY 2005/06. o o No amendments are proposed at third quarter. No amendments are proposed at third quarter. 14 Garaae Fund Revenues: Expenditures: City of Clearwater Internal Service Funds Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Description 464,934 At third quarter, anticipated revenues of the Garaqe Fund exceed anticipated expenditures by $11 ,234 for FY 2005/06. Amendments reflect an increase of $404,000 for the sale of surplus vehicles, $60,830 in higher Service and Radio charges to user departments, and a $104 return of funds from the closed Capital Improvement Fund project 315- 94235, General Services Storage Building. 464,830 Amendments reflect a $563,400 increase in fuel and repair part purchases for vehicles and radios, and an $11,000 increase in utility costs. These increases are partially offset by a $110,000 decrease for lease/purchase payments on replacement vehicles. Other minor increases and decreases across codes result in a net increase of $464,830 in the budget at third quarter. Central Insurance Revenues: Expenditures: o o At third quarter, anticipated revenues of the fund exceed anticipated expenditures by $1 ,022,070 for FY 2005/06. No amendments are proposed at third quarter. No amendments are proposed at third quarter. 15 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2005 - June 30, 2006 2005/06 2005/06 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendmenl Budget GENERAL SERVICES FUND General Services Fund Revenues Billings to Departments 4,092,710 3,069,522 3,073,422 3,900 0% 2,550 4,095,260 Non-Operating Revenue 32,000 25,750 25,955 205 1% 32,000 Transfers In na Fund Reserves na Total Revenues 4,124,710 3,095,272 3,099,377 4,105 0% 2,550 4,127,260 General Services Fund Expenditures Administration 501,430 389,105 388,850 255 0% 930 502,360 Building & Maintenance 3,609,690 2,771,234 2,737,020 34,214 1% 1,620 3,611,310 Total Expenditures 4,111,120 3,160,339 3,125,870 34,469 1% 2,550 4,113,670 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues Operating Revenue 9,056,290 6,792,219 6,533,483 (258,736) -4% (95,055) 8,961,235 Non-Operating Revenue 50,000 37,500 109,436 71 ,936 192% 95,055 145,055 Transfers In 43,435 43,435 nla Fund Reserves nla Total Revenues 9,106,290 6,829,719 6,686,354 (143,365) -2% 9,106,290 Administrative Services Expenditures Information Technology/Admin 466,020 359,775 305,575 54,200 15% 466,020 Information Tech/Network Svcs 1,783,370 1 ,361 ,238 1,392,589 (31,351 ) -2% 1,783,370 Info Tech/Software Applications 1,734,300 1,396,428 1,369,492 26,936 2% 1,734,300 Info TechITelecommunications 1,279,730 964,967 830,213 134,754 14% 1,279,730 Pub Comm/Courier 175,580 132,696 115,351 17,345 13% 175,580 Pub Comm/Graphics 423,710 324,963 330,199 (5,236) -2% 423,710 ClealWater Customer Service 3,190,660 2,491,241 2,423,120 68,121 3% 3,190,660 Total Expenditures 9,053,370 7,031,308 6,766,540 264,768 4% 9,053,370 GARAGE FUND Garage Fund Revenues Billings to Departments 10,448,180 7,839,200 8,275,102 435,902 6% 60,830 10,509,010 Non-Operating Revenue 549,580 420,938 671,617 250,679 60% 404,000 953,580 Transfers In 11 ,130 11 ,130 11 ,130 nla 104 11 ,234 Fund Reserves 892,648 nla 892,648 Total Revenues 11,901,538 8,271 ,268 8,957,849 686,581 8% 464,934 12,366,472 Garage Fund Expenditures Fleet Maintenance 10,860,340 8,746,599 8,888,539 (141,940) -2% 492,720 11,353,060 Radio Communications 1,030,068 441 ,676 358,429 83,247 19% (27,890) 1,002,178 Total Expenditures 11,890,408 9,188,275 9,246,968 (58,693) -1% 464,830 12,355,238 16 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2005 - June 30, 2006 2005/06 2005/06 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendmenl Budget CENTRAL INSURANCE FUND Central Insurance Fund Revenues Billings to Departments 18,388,060 13,851,412 13,458,870 (392,542) -3% 18,388,060 Non-Operating Revenue 735,000 551,250 767,336 216,086 39% 735,000 Transfers In 146,620 140,742 155,123 14,381 10% 146,620 Fund Reserves 1,715,203 nla 1,715,203 Total Revenues 20,984,883 14,543,404 14,381,329 (162,075) -1% 20,984,883 Central Insurance Fund Expenditures Finance/Risk Management 386,140 300,675 286,266 14,409 5% 386,140 Hum Resources/Employee Benefits 295,980 227,971 175,580 52,391 23% 295,980 Non-Departmental 19,280,693 14,766,929 14,025,360 741,569 5% 19,280,693 Total Expenditures 19,962,813 15,295,575 14,487,206 808,369 5% 19,962,813 17 Clearwater, Florida CAPITAL IMPROVEMENT FUND Third Quarter Summary FY 2005/06 The amended 2005/06 Capital Improvement Program budget report is submitted for the City Council's Third Quarter review. The net proposed amendment is a budget decrease of $4,774,158. This review provides the opportunity to examine the status of all active projects and present formal amendments to the project budgets. Fiscally significant budget increases encompassed within this review are as follows: The City Council did not previously approve the following Capital Improvement Budget increases: Y Storm Pipe System Improvements - To record budget increases of $320,185.41 in Bond Proceeds, which will be transferred from the bond funds and represents interest earnings on the bond proceeds. y Pinellas New Mains-Service Lines - To record a budget increase of $33,754.95 in Property Owner's Share revenue. This reflects actual cash received from property owners for work performed on their property by City crews. y Bio Solids Treatment - To record a budget increase of $89,374.41 in Other Governmental revenue, representing reimbursements from the City of Safety Harbor. y WWTP Generator Replacements - To record a budget increase of $123,393.87 in Bond Proceeds, which will be transferred from the bond fund and represents interest earnings on the bond proceeds. All significant budget increases that haYe been previously approved by the Council are listed below: Downtown Boat Slips Gas Inventory - Work Management System Project Budget Increase $91,370 139,000 Council Approval 7-20-2006 6-1-2006 18 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Streets, Sidewalks & Bridges 315-92266 (2,284) To record a budget transfer of $2,284.07 in Road Millage to project 315-92269, Downtown Streetscape. This will provide funding for items not included in the construction contract. (2,284) Downtown Streetscape 2 315-92269 2,284 To record a budget transfer of $2,284.07 in Road Millage from project 315-92266, Streets, Sidewalks & Bridges. This will provide funding for items not included in the construction contract. 2,284 Drew & 19 Overpass Landscape Improvements - BUDGET AMENDMENT ONLY 3 315-92272 (10,000) * To record a budget decrease of $10,000 in FOOT grant revenue, which will tie to the reimbursement agreement. (10,000) Electronic Signing System - CLOSE PROJECT 4 315-92637 (350,000) To record a budget decrease of $350,000 in Parking Fund revenue, which will be returned to the unappropriated retained earnings of the Parking Fund. This project has been postponed until completion of Beach Walk. (350,000) Community Sports Complex/Bright House Field Networks CLOSE PROJECT 5 315-92829 257 * To record a budget increase of $257.14 in other refund revenue, which represents a refund from a vendor. This 315-92829 (257) will be offset with a budget decrease of $257.14 in Special Development Fund revenue, which will be returned to the Special Development Fund for reappropriation. 315-92829 (25,822) To also record a budget transfer of $25,821.88 in Special Development Fund revenue to project 315-93205, Community Sports Complex Infrastructure Repairs & Improvements. The construction project is complete and can be closed. (25,822) Eddie C. Moore 8 & 9 - CLOSE PROJECT 6 315-93201 (456) To record a budget transfer of $455.80 in Central Insurance Fund revenue to project 315-93252, Eddie C. Moore East Batting Tunnel. The project for fields 8 & 9 is complete and can be closed. (456) Community Sports Complex Infrastructure Repairs & Improvements 7 315-93205 25,822 To record a budget transfer of $25,821.88 in Special Development Fund revenue from project 315-92829, Community Sports Complex (Bright House Field Networks). The construction project is complete and can be closed. 25,822 19 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Long Center Playground To record budget transfers of $70,000 in Penny for Pinellas revenue, as follows: 8 315-93214 50,000 $50,000 from project 315-93246, Long Center Pool 315-93214 20,000 $20,000 from project 315-93272, Bicycle Paths-Bridges This was approved by the City Council on July 20, 2006 with the approval of the grant agreement with Pinellas County. 70,000 Countryside Sports Complex - CLOSE PROJECT 9 315-93245 (500,000) * To record a budget decrease of $500,000 in Other Contributions revenue, which will close the project. The project has not received any partnership contributions at this time and will be brought back to the Council for approval if a partnership is formed in the future. (500,000) Long Center Pool 10 315-93246 (50,000) To record a budget transfer of $50,000 in Penny for Pinellas revenue to project 315-93214, Long Center Playground. This was approved by the City Council on July 20, 2006 with the approval of the grant agreement with Pinellas County. (50,000) National Guard Armory Renovations 11 315-93248 (150,000) * To record a budget decrease of $150,000 in Special Events revenue. There is not enough cash available in the Special Events project in the Special Program Fund to support this project. (150,000) Eddie C. Moore East Batting Tunnel 12 315-93252 456 To record a budget transfer of $455.80 in Central Insurance Fund revenue from project 315-93201, Eddie C. Moore 8 & 9. The project for fields 8 & 9 is complete and can be closed. 456 Bicycle Paths-Bridges 13 315-93272 (20,000) To record a budget transfer of $20,000 in Penny for Pinellas revenue to project 315-93214, Long Center Playground. This was approved by the City Council on July 20, 2006 with the approval of the grant agreement with Pinellas County. (20,000) Downtown Boat Slips 14 315-93405 91,370 To record a budget increase of $91,370 in Special Development Fund revenue, which will be transferred from the unappropriated retained earnings of this fund. This was approved by the City Council on July 20, 2006 to provide funding for Phase III of the Wade-Trim work. 91,370 20 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Pier 60/Sailing Center Maintenance 15 315-93499 30,000 To record a budget transfer of $30,000 in General Fund revenue from project 315-94514, City-Wide Roof Replacements. This is to provide funding for building repairs at the Drew Street Restroom facility. 30,000 Motorized Equipment - Cash - BUDGET AMENDMENT ONLY 16 315-94233 16,700 * To record a budget increase of $16,700 in Insurance Claims-Vehicles. This represents reimbursement for a totaled vehicle. 16,700 Motorized Equipment - Lease Purchase - BUDGET AMENDMENT ONLY 17 316-94234 (2,375,180) * To record a budget decrease of $2,375,180 in Lease Purchase revenue. This reflects the adjustment between budget and the actual cost of the equipment for multiple budget years. (2,375,180) General Services Storage Building - CLOSE PROJECT 18 315-94235 (104) To record a budget decrease of $104.48 in Garage Fund revenue, which will be returned to the Garage Fund for reappropriation. The project is complete. (104) City-Wide Roof Replacements 19 315-94514 (30,000) To record a budget transfer of $30,000 in General Fund revenue to project 315-93499, Pier 60/Sailing Center Maintenance. This is to provide funding for building repairs at the Drew Street Restroom facility. (30,000) Building & Maintenance Vehicles - CLOSE PROJECT 20 316-94525 (8,289) * To record a budget decrease of $8,289 in Lease Purchase revenue. The vehicles have been purchased and the project can be closed. (8,289) Survey Vehicle & Total Stations - CLOSE PROJECT 21 316-94837 (352) * To record a budget decrease of $352 in Lease Purchase revenue, which will close the project. The vehicle and equipment have been purchased. (352) Extended Cab Pickup Truck - CLOSE PROJECT 22 316-94840 (3,176) * To record a budget decrease of $3,176 in Lease Purchase revenue, which will close the project. The vehicle has been purchased. (3,176) Development Services Pickup Truck - CLOSE PROJECT 23 316-94841 (3,431) * To record a budget decrease of $3,431 in Lease Purchase revenue, which will close the project. The vehicle has been purchased. (3,431 ) 21 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Storm Pipe System Improvements 24 315-96124 (150,000) To record a budget transfer of $150,000 in Stormwater Utility revenue to project 315-96141, Kapok Flood Resolution. 357-96124 150,000 To record a budget transfer of $150,000 in '04 Bond proceeds from 357-96141, Kapok Flood Resolution. The above amendments net to zero and will allow the bond revenue to be spent first. 357-96124 180,519 To record a budget increase of $180,518.78 in '04 Bond proceeds, which represents interest earnings on the bond proceeds. This revenue will be directly transferred from the Bond Fund. 375-96124 22,783 To record a budget increase of $22,783.28 in '99 Bond proceeds, which represents interest earnings on the bond proceeds. This revenue will be directly transferred from the Bond Fund. 377-96124 116,883 To record a budget increase of $116,883.35 in '02 Bond proceeds, which represents interest earnings on the bond proceeds. This revenue will be directly transferred from the Bond Fund. 315-96124 (70,922) To record a budget transfer of $70,922.10 in Stormwater Utility revenue to project 315-96125, Prospect lake Park. 377-96124 72,525 To record a budget transfer of $72,524.67 in '02 Bond proceeds from project 377-96125, Prospect lake Park. These last two amendments are necessary to reduce project funding per the 2006 Stormwater Rate Study. 321,788 Prospect lake Park 25 357-96125 (771) To record a budget transfer of $770.94 in '04 Bond proceeds to project 357-96142, Myrtle Avenue Drainage Improvements. This will provide funding for unanticipated environmental work. 315-96125 70,922 To record a budget transfer of $70,922.10 in Stormwater Utility revenue from project 315-96124, Storm Pipe System Improvements. 357-96125 (187,693) To record a budget transfer of $187,692.96 in '04 Bond proceeds to project 357-96154, Alligator Creek Implementation Projects-Phase II. 377-96125 (12,661) To record a budget transfer of $12,661 in '02 Bond proceeds to project 377-96154, Alligator Creek Implementation Projects-Phase II. 377-96125 (72,525) To record a budget transfer of $72,524.67 in '02 Bond proceeds to project 377-96124, Storm Pipe System Improvements. These last four amendments are necessary to reduce project funding per the 2006 Stormwater Rate Study. (202,727) 22 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Stevenson Creek Estuary Restoration 26 315-96129 (165,870) To record a budget decrease of $165,870 in Stormwater Utility revenue, which will be returned to the Stormwater Utility Fund for reappropriation. 357-96129 (194,130) To record a budget transfer of $194,130 in '04 Bond proceeds to project 357-96154, Alligator Creek Implementation Projects - Phase II These amendments are necessary to reduce project funding per the 2006 Stormwater Rate Study. (360,000) Kapok Flood Resolution 27 315-96141 150,000 To record a budget transfer of $150,000 in Stormwater Utility revenue from project 315-96124, Storm System Improvements. 357-96141 (150,000) To record a budget transfer of $150,000 in '04 Bond proceeds to project 357-96124, Storm System Improvements. The above amendments net to zero and will allow the bond revenue to be spent first. 357-96141 (130,000) To record a budget transfer of $130,000 in '04 Bond proceeds to project 357-96152, lake Bellevue Stormwater Improvements. 377-96141 (682,455) To record a budget transfer of $682,455.04 in '02 Bond proceeds to project 377-96152, lake Bellevue Stormwater Improvements. This last two amendments will provide the match for the DEP and SWFWMD grants as well as spend the bond proceeds first. (812,455) Myrtle Avenue Drainage Improvements 28 357-96142 771 To record a budget transfer of $770.94 in '04 Bond proceeds from project 357-96125, Prospect lake Park. This will provide funding for unanticipated environmental work. 771 Stevenson Creek Implementation Projects 29 315-96144 (674,923) To record a budget decrease of $674,923.16 in Stormwater Utility revenue, which will be returned to the Stormwater Utility Fund for reappropriation. This amendment is necessary to reduce project funding per the 2006 Stormwater Rate Study. (674,923) Storm System Expansion 30 315-96149 (424,000) To record a budget decrease of $424,000 in Stormwater Utility revenue, which will be returned to the Stormwater Utility Fund for reappropriation. This amendment is necessary to reduce project funding per the 2006 Stormwater Rate Study. (424,000) 23 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment lake Bellevue Stormwater Improvements 31 357-96152 130,000 To record a budget transfer of $130,000 in '04 Bond proceeds from project 357-96141, Kapok Flood Resolution. 377-96152 682,455 To record a budget transfer of $682,455.04 in '02 Bond proceeds from project 377-96141, Kapok Flood Resolution. This last two amendments will provide the match for the DEP and SWFWMD grants as well as spend the bond proceeds first. 812,455 Alligator Creek Implementation Projects - Phase II 32 315-96154 (819,102) To record a budget decrease of $819,101.74 in Stormwater Utility revenue, which will be returned to the Stormwater Utility Fund for reappropriation. 357-96154 187,693 To record a budget transfer of $187,692.96 in '04 Bond proceeds from project 357-96125, Prospect lake Park. 357-96154 194,130 To record a budget transfer of $194,130 in '04 Bond proceeds from project 357-96129, Stevenson Creek Estuary Restoration. 377-96154 12,661 To record a budget transfer of $12,661 in '02 Bond proceeds from project 377-96125, Prospect lake Park. These amendments are necessary to reduce project funding per the 2006 Stormwater Rate Study. (424,618) Pinellas New Mains-Service Lines - BUDGET AMENDMENT ONLY 33 315-96377 33,755 * To record a budget increase of $33,754.95 in Property Owner's Share revenue. This reflects actual cash received from property owners for work performed on their property by City crews. 33,755 Gas Inventory - Work Management System 34 315-96382 139,000 To record a budget increase of $139,000 in Gas Fund revenue, which will be transferred from the unappropriated retained earnings of the Gas Fund. This was approved by the City Council on June 1, 2006 to provide funding for the implementation of Phase III of this project. 139,000 WWC Interceptor Lines - CLOSE PROJECT 35 343-96605 (561,804) To record a budget transfer of $561,803.68 in '02 Bond proceeds to project 343-96665, Sanitary Sewer R&R. The project is complete and can be closed. (561,804) Bio Solids Treatment - BUDGET AMENDMENT ONLY 36 315-96611 89,374 * To record a budget increase of $89,374.41 in Other Governmental revenue, representing reimbursements from the City of Safety Harbor. 378-96611 (305,350) * To record a budget decrease of $305,350 in '06 Bond proceeds. This will be offset by a budget increase of 315-96611 305,350 $305,350 in Sewer revenue, which will be transferred from the Water & Sewer Fund. These amendments are necessary due to the reduction of bond funding for the 06 Bonds. 24 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Bio Solids Treatment - continued 315-96611 (129,232) To record a budget decrease of $129,232.46 in Sewer revenue. This will be transferred back to the unappropriated retrained earnings of the Water & Sewer Fund. This amendment is necessary due to the reduction of the bond funding for the '06 Bonds. (39,858) NE Filter & Marshall Street Blower/MCC Rehab 37 315-96613 (175,705) To record a budget transfer of $175,704.77 in Sewer revenue to project 315-96619, WWTP Generator Replacements. This was approved by the City Council on September 5, 2006 as part of Change Order #3 to TLC Diversified. (175,705) Odor Control 38 378-96615 (369,479) * To record a budget decrease of $369,479.31 in '06 Bond proceeds. This will be offset by a like budget increase of 315-96615 369,479 $369,479.31 in Sewer revenue, which will be transferred from the Water & Sewer Fund. These amendments are necessary due to the reduction of bond funding for the 06 Bonds. WWTP Generator Replacements 39 343-96619 123,394 To record a budget increase of $123,393.87 in '02 Bond proceeds, which represents interest earnings on the bond proceeds. This was approved by the City Council on September 7,2006 as part of the Change Order #3 to TLC Diversified. 378-96619 (316,520) * To record a budget decrease of $316,520.40 in '06 Bond proceeds. This will be offset by a like budget increase of 315-96619 316,520 $316,520.40 in Sewer revenue, which will be transferred from the Water & Sewer Fund. These amendments were approved by the City Council on September 7,2006 as part of Change Order #3 to TLC Diversified. 315-96619 129,232 To record a budget increase of $129,232.46 in Sewer revenue, which will be transferred from the Water & Sewer Fund. This was approved by the City Council on September 7,2006 as part of Change Order #3 to TLC Diversified. 315-96619 175,705 To record a budget transfer of $175,704.77 in Sewer revenue from project 315-96613, NE Filter & Marshall Street Blower/MCC Rehab. This was approved by the City Council on September 7,2006 as part of Change Order #3 to TLC Diversified. 428,331 WWTP Headworks 40 378-96620 (188,980) * To record a budget decrease of $188,980 in '06 Bond proceeds. This will be offset by a like budget increase of 315-96620 188,980 $188,980 in Sewer revenue, which will be transferred from the Water & Sewer Fund. These amendments are necessary due to the reduction of bond funding for the 06 Bonds. 25 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 I ncrease/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment WWTP New Presses 41 378-96621 (164,650) * To record a budget decrease of $164,650 in '06 Bond proceeds. This will be offset by a like budget increase of 315-96621 164,650 $164,650 in Sewer revenue, which will be transferred from the Water & Sewer Fund. These amendments are necessary due to the reduction of bond funding for the 06 Bonds. Facilities Upgrades & Improvements 42 315-96654 (160,000) To record a budget transfer of $160,000 in Utility R&R revenue to project 315-96664, WPC R&R. This funding is needed to cover unanticipated repairs. (160,000) WPC R&R 43 315-96664 160,000 To record a budget transfer of $160,000 in Utility R&R revenue from project 315-96654, Facilities Upgrades & Improvements. The funding will be used for unanticipated repairs. 160,000 Sanitary Sewer R&R 44 343-96665 561,804 To record a budget increase of $561,803.68 in '02 Bond proceeds from project 343-96605, WWC Interceptor Lines. The Interceptor Lines projects is complete and will be closed. 561,804 378-96665 (1,759,077) * To record a budget decrease of $1,759,077.49 in '06 Bond proceeds. This will be offset by a like budget increase of 315-96665 1,356,077 $1,356,077.49 in Sewer revenue and $403,000 in R&R 315-96665 403,000 revenue. The Sewer revenue will be transferred from the Water & Sewer Fund and the R&R revenue will be transferred from the Utility R&R Fund. These amendments are necessary due to the reduction of bond funding for the '06 Bonds. System R&R - Capitalized - BUDGET AMENDMENT ONLY 45 315-96741 193,990 * To record a budget increase of $193,990.34 in Property Owner's Share revenue. This represents revenue received for work completed at Windward Passage Condos and was approved by the City Council on July 20, 2006. 193,990 Line Relocation - Capitalized 46 378-96742 (639,413) * To record a budget decrease of $639,413.14 in '06 Bond proceeds. This will be offset by a like budget increase of 315-96742 267,413 $267,413.14 in Water revenue and $372,000 in R&R 315-96742 372,000 revenue. The Water revenue will be transferred from the Water & Sewer Fund and the R&R revenue will be transferred from the Utility R&R Fund. These amendments are necessary due to the reduction of bond funding for the '06 Bonds. Water Generators - CLOSE PROJECT 47 316-96762 (297,500) * To record a budget decrease of $297,500 in Lease Purchase revenue. The generators have been purchased and the project can be closed. (297,500) 26 I ncrease/ Amdmt Project (decrease) # Number Amount 48 378-96764 (534,980) * 315-96764 534,980 TOTALS (4,774,158) Transfer Amount CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2005/06 Description RO Plant Expansion - Reservoir #1 To record a budget decrease of $534,979.55 in '06 Bond proceeds. This will be offset by a like budget increase of $534,979.55 in Water revenue, which will be transferred from the Water & Sewer Fund. These amendments are necessary due to the reduction of bond funding for the 06 Bonds. 27 Net Budget Amendment (4,774,158) CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/05 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 551,330 551,330 551,330 0 0 551,330 91148 Police Hurricane Shutters 428,818 428,818 428,818 428,818 0 0 C Sub-Total 980,148 980,148 0 980,148 428,818 0 551 ,330 Fire Protection 91221 EMS Capital Equipment 913,411 913,411 913,411 844,703 4,006 64,702 91226 Vehicular Support 317,509 317,509 317,509 264,171 0 53,338 91229 Replace & Upgrade Airpacks 671 ,500 671 ,500 671 ,500 282,280 0 389,220 91236 Rescue Vehicle 453,744 453,717 453,717 453,717 0 0 C 91237 Northwest Station 2,220,535 2,220,535 2,220,535 2,080,320 127,540 12,675 91240 Fire GIS 74,000 74,000 74,000 10,382 0 63,618 91241 NW Station Furnishings 124,000 85,896 85,896 85,896 0 0 C 91242 Fire Training Facility 3,566,500 3,566,500 3,566,500 44 0 3,566,456 91243 Clwr Mall Fire Station 1,685,762 1,684,072 1,684,072 1,684,072 0 0 C 91245 Fire Garage Door Replcmt 94,000 94,000 94,000 79,639 0 14,361 91247 Traffic Pre-Emption 80,000 80,000 80,000 29,548 0 50,452 91248 Fire ShoplSupply Facility 714,180 708,302 708,302 708,302 0 0 C 91249 Fire Dispatch Radio Replcmt 317,700 317,700 317,700 299,364 16,570 1,766 91250 Heavy Unit Replacement 500,000 499,923 499,923 499,923 0 0 C 91252 Station 48 RenovationlExpansion 200,000 200,000 200,000 0 159,477 40,523 91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 0 101,269 2,898,731 91254 Ladder Truck 850,000 884,380 884,380 0 884,380 0 91255 Exhaust Systems 94,850 94,850 94,850 0 0 94,850 91256 Security Access Systems 64,760 64,760 64,760 0 8,989 55,771 Sub-Total 15,942,451 15,931 ,056 0 15,931 ,056 7,322,363 1,302,231 7,306,462 TRANSPORTATION New Street Construction 92146 Druid Rd Improvements 1,556,050 2,056,050 2,056,050 1,336,978 216,545 502,527 92148 Gateway to the Beach 10,062,697 10,062,697 10,062,697 9,439,195 0 623,502 Sub-Total 11,618,747 12,118,747 0 12,118,747 10,776,173 216,545 1,126,029 Major Street Maintenance 92259 Traffic Calming 4,532,098 4,532,098 4,532,098 1,730,349 131,508 2,670,242 92262 SR 60 Corridor Beaut 3,316,842 3,170,541 3,170,541 2,371 ,206 350,000 449,335 92265 Myrtle AvelAlt 19 1,245,473 1,245,473 1,245,473 1,132,154 85,045 28,274 92266 Streets, Sidewalks & Bridges 11,360,806 11,484,341 (2,284) 11,482,057 7,917,370 379,186 3,185,501 92267 Beach Walk 15,646,776 30,412,195 30,412,195 2,574,839 9,342,315 18,495,042 92268 Bluff to Beach Guideway 140,000 140,000 140,000 90,000 0 50,000 92269 Downtown Streetscape 4,247,970 9,310,974 2,284 9,313,258 311,037 9,000,220 2,000 2 92270 Gulf to Bay I Highland Imprv 1,500,000 1,500,000 1,500,000 0 0 1,500,000 92271 Courtney Campbell Landscape 150,000 150,000 150,000 0 0 150,000 92272 Drew & US 19 Landscape 250,000 250,000 (10,000) 240,000 155 0 239,846 3 Sub-Total 42,389,964 62,195,621 (10,000) 62,185,621 16,127,109 19,288,273 26,770,239 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 389,833 389,833 362,692 22,558 4,584 92340 Clw Bch West Bridge Co 4,792,166 4,967,166 4,967,166 1,432,236 154,000 3,380,930 92341 McMullen Booth Rd Overpass 3,232,121 3,073,741 3,073,741 3,073,741 0 0 C 92342 Beach Connector Trail 193,950 193,950 193,950 99,455 94,495 0 Sub-Total 8,608,071 8,624,691 0 8,624,691 4,968,124 271 ,053 3,385,513 Intersections 92551 City-Wide Intersection Imprv 961,778 815,778 815,778 430,289 14,122 371,367 92552 Signal Renovation 835,698 835,698 835,698 754,479 16,965 64,255 92553 New Signal Installation 761,789 761,789 761,789 475,039 19,812 266,938 92558 Intersection Improvements-II 2,126,009 1 ,340,576 1 ,340,576 365,828 40,000 934,747 Sub-Total 4,685,273 3,753,840 0 3,753,840 2,025,635 90,899 1,637,307 28 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/05 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Parking 92630 Parking Lot Resurfacing 1,329,023 1,329,023 1,329,023 593,285 0 735,737 92632 Pkng Garage Structure Rpr 1,093,432 1,093,432 1,093,432 684,233 0 409,199 92636 Parking Lot Improvement 1,012,977 1,012,977 1,012,977 478,845 86,774 447,358 92637 Elec Real Time Signing Sys 350,000 350,000 (350,000) 0 0 0 0 C 4 92640 Downtown Parking Garage 1,900,000 1,900,000 1,900,000 102,200 0 1,797,800 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 0 0 6,000,000 92644 Pelican Walk Parking Garage 51,800 14,476 14,476 14,476 0 0 C 92646 Station Square Parking 1,300,000 1,300,000 1,300,000 0 0 1,300,000 Sub-Total 13,037,231 12,999,907 (350,000) 12,649,907 1 ,873,038 86,774 10,690,094 Miscellaneous Engineering 92820 Memorial Causeway Br Repl 37,258,665 37,258,665 37,258,665 36,788,946 102,702 367,016 92822 Miscellaneous Engineering 364,025 364,025 364,025 248,807 100 115,118 92827 Global Pos Sys Survey Equip 125,000 88,742 88,742 88,742 0 0 C 92829 Comm Sports Complex Dev 23,662,598 23,662,598 (25,822) 23,636,776 23,636,776 0 0 C 5 92836 Sign Shop Expansion 240,000 319,793 319,793 195,018 113,969 10,806 Sub-total 61 ,650,288 61 ,693,823 (25,822) 61,668,001 60,958,290 216,771 492,941 LEISURE Land Acquisition 93129 Bayview Park 450,000 650,000 650,000 259,304 27,967 362,729 93131 Dailey Property Purchase 0 183,500 183,500 183,500 0 0 C Sub-total 450,000 833,500 0 833,500 442,804 27,967 362,729 Park Development 93201 Eddie C Moore 8 & 9 880,000 880,000 (456) 879,544 879,544 0 0 C 6 93203 Carpenter Fld-Infras Rep/lmp 90,000 90,000 90,000 42,999 0 47,001 93204 Concrete Sidewalk & Pad 312,913 312,913 312,913 309,675 0 3,237 93205 Com Sprts Cmp Infr Rep/lmp 150,000 150,000 25,822 175,822 73,175 0 102,647 7 93210 Mem Cswy LndscplBeaut 1,362,600 1,362,600 1,362,600 99,113 763,845 499,642 93213 Prk Amenity Purch & Rplcmnt 589,942 589,942 589,942 518,965 0 70,976 93214 Long Center Playground 400,000 400,000 70,000 470,000 93,924 223,066 153,010 8 93229 Tennis Court Resurfacing 454,082 454,082 454,082 419,631 24,750 9,701 93230 Playground & Fitness Eqpmnt Purchase & F 991,130 1,005,210 1,005,210 932,085 59,542 13,583 93232 Long Center 1,036,821 1,036,821 1,036,821 951,891 71,946 12,984 93241 Crest Lake Pk Improvemts 200,000 200,000 200,000 2,805 15,445 181,750 93244 P&B Trucks 18,500 18,500 18,500 13,404 0 5,096 93245 Countryside Sports Complex 500,000 500,000 (500,000) 0 0 0 0 C 9 93246 Long Center Pool Project 800,000 1,000,000 (50,000) 950,000 499,120 327,728 123,152 10 93247 Fitness Equipment Replacement 25,000 25,000 25,000 15,394 0 9,606 93248 National Guard Armory Renovation 330,000 330,000 (150,000) 180,000 5,228 39,600 135,172 11 93250 Mobile Performance Platform 39,083 39,083 39,083 39,083 0 0 C 93251 Morningside Rec Ctr Replacement 0 35,000 35,000 32,892 2,108 0 93252 EC Moore E Batting Tunnel 0 225,000 456 225,456 0 0 225,456 12 93253 Ross Norton Complex 3,767,725 4,067,287 4,067,287 4,063,233 3,750 304 93262 Fencing Replacemt Program 719,555 719,555 719,555 693,437 0 26,118 93269 Light Replacement 1,356,676 1,356,676 1,356,676 1,237,415 0 119,262 93271 Swimming Pool R&R 445,000 234,400 234,400 223,822 499 10,079 93272 Bicycle Paths-Bridges 6,880,000 550,000 (20,000) 530,000 60,937 52,548 416,515 13 93273 Restrooms on Clwr Beach 600,000 600,000 600,000 0 0 600,000 93274 P&R Technology Upgrades 178,000 178,000 178,000 133,449 0 44,551 93275 Dog Park @ Crest Lake 130,000 115,920 115,920 115,920 0 0 C 93277 Harborview Infra Rep/lmpr 276,541 276,541 276,541 198,735 2,645 75,161 93278 Long Center Infra Repairs 217,000 202,000 202,000 127,175 19,885 54,939 93286 Pking LotlBike Pth Rsr/lmprv 286,943 286,943 286,943 224,369 141 62,433 Sub-Total 23,037,512 17,241,474 (624,178) 16,617,296 12,007,423 1,607,498 3,002,375 Marine Facilities 93401 Marina/Boating Access Study 75,000 75,000 75,000 75,000 0 0 C 93402 Bayfront Promenade 900,000 1,047,007 1,047,007 66,134 3,557 977,316 93403 Beach Guard Facility Maint 10,000 10,000 10,000 10,000 0 0 29 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/05 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Marine Facilities (cont) 93404 High & Dry Marina Feasibility Study 0 54,000 54,000 27,929 26,071 0 93405 Downtown Boat Slips 0 345,426 91,370 436,796 29,718 248,708 158,370 14 93406 Marina Pump Out Boat 0 41,000 41,000 39,500 0 1,500 93413 UtilitieslSvcs Replace 363,966 363,966 363,966 361,622 0 2,344 93429 Dock Replacement & Repair 319,040 319,040 319,040 287,401 0 31,638 93487 Fishing Piers 356,031 207,612 207,612 207,612 0 0 C 93490 Fuel System R&R 140,000 140,000 140,000 38,420 0 101,580 93494 Fuel Tank Replacement 247,500 358,220 358,220 302,396 55,815 9 93495 Dock Construction 70,000 59,750 59,750 12,840 0 46,910 93496 Marine Fac DredglMaint 630,329 506,009 506,009 443,579 4,595 57,834 93497 Docks & Seawalls 430,000 286,085 286,085 116,041 118,104 51,940 93499 Pier 60/Sailing Ctr Maint 80,313 80,313 30,000 110,313 48,218 0 62,095 15 Subtotal 3,622,179 3,893,427 121 ,370 4,014,797 2,066,411 456,850 1,491 ,536 Aviation 94713 Airpark Master Plan Improv 2,723,295 2,658,399 2,658,399 2,658,399 0 0 C 94817 Airpark Maint & Repair 50,000 50,000 50,000 46,757 0 3,243 94838 Airpark FBO Building 253,500 322,305 322,305 295,003 12,001 15,301 Sub-Total 3,026,795 3,030,704 0 3,030,704 3,000,159 12,001 18,544 Libraries 93523 New Main Library 19,192,630 19,230,130 19,230,130 18,682,924 77,529 469,677 93526 Polaris System Upgrade 60,000 59,143 59,143 59,143 0 0 C 93527 Books & Other Lib Mat - II 1,974,271 1,974,271 1,974,271 1,561,584 1,144 411,542 Sub-Total 21,226,901 21,263,544 0 21,263,544 20,303,652 78,673 881 ,220 Garage 94230 Fleet Asset Mgmt Sys 250,702 250,702 250,702 237,552 12,609 540 94232 Radio User Equip Replcmt 600,000 600,000 600,000 393,654 69,930 136,416 94233 Motorized Equip-Cash II 384,032 384,032 16,700 400,732 291,749 33,900 75,084 16 94234 Motorized Equip - LP II 12,459,057 12,552,621 (2,375,180) 10,177,441 8,640,351 994,858 542,233 17 94235 Gen Svcs Storage Bldg 328,673 327,544 (104) 327,439 327,439 0 0 C 18 94236 Radio Simulcast Upgrade 0 462,258 462,258 32,910 429,348 0 Sub-Total 14,022,465 14,577,157 (2,358,584) 12,218,573 9,923,655 1,540,645 754,272 Building Maintenance 94510 Air Cond Replace-City Wide 1,683,459 1,683,459 1,683,459 1,087,324 265,115 331,020 94512 Roof Repairs 517,635 517,635 517,635 443,263 0 74,371 94514 Roof Replacements 1,110,334 1,110,334 (30,000) 1,080,334 727,558 0 352,775 19 94517 Painting of Facilities 513,925 513,925 513,925 262,203 4,945 246,777 94518 Fencing of Facilities 96,698 96,698 96,698 65,896 0 30,802 94519 Flooring for Facilities 744,642 744,642 744,642 593,272 33,155 118,215 94521 Elevator RefurblModernization 220,000 220,000 220,000 0 0 220,000 94522 B&M Asset Mgmt Sys 130,886 130,886 130,886 123,691 5,561 1,634 94524 Long Ct Major Infrst Imprvmts 355,000 155,000 155,000 0 0 155,000 94525 Bldg& Maint Vehicles 111,000 111,000 (8,289) 102,711 102,711 0 0 C 20 94526 Risk Mgmt Office Renovations 0 15,000 15,000 0 0 15,000 94617 Fire Stations I MSB Generators 303,746 303,746 303,746 268,365 1,821 33,560 94619 Structural Eval of City Facilities 135,000 0 0 0 0 0 C Sub-Total 5,922,325 5,602,325 (38,289) 5,564,036 3,674,284 310,597 1,579,156 Miscellaneous 94711 Sand Key Power Line 1,400,000 1,400,000 1,400,000 1,211,815 0 188,185 94714 Downtown Redevelopment 3,350,809 3,350,809 3,350,809 1,323,064 0 2,027,744 94729 City-wide Connect Infra 1,481 ,333 1,481 ,333 1,481 ,333 400,480 109,928 970,925 94736 Geographic Information 952,726 952,726 952,726 733,466 570 218,690 94761 Poll Stor Tank Rem/Repl-Gen 363,658 353,658 353,658 233,333 5,304 115,021 94765 IMR Development 1,441,788 1,441,788 1,441,788 1,342,517 9,012 90,259 94801 Tidemark Upgrade 702,623 702,623 702,623 494,082 31,227 177,314 94803 Envrnmntl Assmt & Clean-up 679,066 679,066 679,066 293,482 125,211 260,372 94809 Financial Sys Replacement 1,050,640 1,050,640 1,050,640 912,536 98,246 39,858 30 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/05 Prey Qtr Amdmts Budget To Date Encumbr Balance Status Ref Miscellaneous (cont) 94814 Network Infra & Server Upgr 585,202 585,202 585,202 533,724 0 51,478 94820 HR Peoplesoft Upgrade 275,000 275,000 275,000 75,420 17,618 181,962 94824 IT Disaster Recovery 150,000 150,000 150,000 49,979 29,360 70,660 94826 Electric Meter Rd Upgrade 70,000 38,814 38,814 38,814 0 0 C 94827 Telecommunications Upgrade 75,000 75,000 75,000 0 0 75,000 94828 Financial Sys Upgrades 150,000 150,000 150,000 7,670 0 142,330 94829 CIS Upgrades I Replcmt 234,873 234,873 234,873 60,290 0 174,583 94830 MS Licensing I Upgrades 50,000 50,000 50,000 0 0 50,000 94831 Evaluation & Appraisal Rept 295,190 295,190 295,190 194,383 100,807 0 94833 Computer Monitors 260,000 260,000 260,000 137,487 0 122,513 94834 ACD Replacement 35,000 31,925 31,925 31,925 0 0 C 94835 Dev Svcs Pickup Truck 20,000 16,539 16,539 16,539 0 0 C 94836 Document & Agenda Mgmt Repl 180,363 180,363 180,363 124,283 0 56,080 94837 Survey Vehicle & Total Station 50,000 50,000 (352) 49,648 49,648 0 0 C 21 94839 Roadway & Traffic Asset Mgt 100,000 100,000 100,000 0 0 100,000 94840 Extended Cab Pickup Truck 17,500 17,500 (3,176) 14,324 14,324 0 0 C 22 94841 Dev Svcs Pickup Truck 20,000 20,000 (3,431) 16,569 16,569 0 0 C 23 94842 MSB Pkg Lot Resurf/lmprvmts 400,000 400,000 400,000 5,909 0 394,091 94843 Station Square Impact Fees 0 0 0 0 0 0 C 94844 CCS Mtr Reading Office Ren 0 35,500 35,500 0 0 35,500 Sub-total 14,390,770 14,378,549 (6,959) 14,371 ,590 8,301,740 527,283 5,542,566 UTI UTI ES Stormwater Utility 96120 Alligator Ck Implementation 3,165,033 2,394,452 2,394,452 2,394,452 0 0 C 96124 Storm Pipe System Improv 7,948,160 5,911,828 321,788 6,233,616 5,020,172 348,032 865,412 24 96125 Prospect Lake Park 7,754,496 7,754,496 (202,727) 7,551,769 7,459,131 23,319 69,320 25 96129 Stev Ck Estuary Restor 8,541,660 8,226,057 (360,000) 7,866,057 2,051,080 0 5,814,977 26 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 67,380 66,521 874,099 96141 Kapok Flood Resolution 19,851,653 19,851,653 (812,455) 19,039,198 18,636,688 102,510 300,000 27 96142 Myrtle Ave Drainage Imprvmt 11,521,263 11,766,831 771 11,767,602 10,955,401 812,201 0 28 96144 Stevensen Crk Impl Projects 9,579,431 9,579,431 (674,923) 8,904,508 5,838,713 3,040,795 25,000 29 96149 Storm Sys Expansion 904,469 904,469 (424,000) 480,469 330,183 0 150,286 30 96150 Morningside/Meadows Drain 3,463 3,463 3,463 127 0 3,336 96152 Lake Bellevue Stormwater Imp 1,783,534 1,783,534 812,455 2,595,989 253,403 32,956 2,309,630 31 96154 Alligator Ck Implemt - II 7,110,000 8,130,582 (424,618) 7,705,964 862,529 233,015 6,610,419 32 96158 Transfer Yard Upgrade 240,000 240,000 240,000 25,420 79,410 135,170 96160 Coopers Point Observation Tower 100,000 100,000 100,000 0 0 100,000 Sub-Total 79,511,163 77,654,796 (1,763,709) 75,891,087 53,894,679 4,738,758 17,257,649 Water System 96721 System R & R-Maintenance 805,269 883,360 883,360 778,160 0 105,200 96739 Reclaimed Water Dist 41,136,811 41,136,811 41,136,811 30,009,511 6,184,648 4,942,651 96740 Water Supply/Treatment 4,842,034 4,842,034 4,842,034 3,363,639 361,452 1,116,944 96741 System R & R-Capitalized 7,889,029 7,889,029 193,990 8,083,019 6,089,877 148,768 1,844,374 45 96742 Line Relocation-Capitalized 10,964,200 9,760,000 9,760,000 5,219,216 792,869 3,747,914 46 96743 Mtr Bkflow Prey Dev/Chang 2,099,182 2,099,182 2,099,182 1,399,232 0 699,950 96744 System Expansion 1,749,673 1,749,673 1,749,673 984,244 0 765,430 96747 Rain Sensor Rebates 1,819 1,819 1,819 1,819 0 0 96748 Water Treatment Facility 8,438,444 8,118,233 8,118,233 8,118,233 0 0 C 96750 Well Rehabilitation 888,100 1,207,598 1,207,598 833,558 203,400 170,641 96752 Water Service Lines 2,817,318 2,873,875 2,873,875 2,015,264 329,164 529,446 96757 Water Pick up Trucks 90,900 90,900 90,900 53,106 0 37,794 96758 Fluoride in Water System 289,780 289,780 289,780 78,028 87,334 124,418 96759 Water Main Ph 15-16-17 2,500,000 2,500,000 2,500,000 165,845 2,286,834 47,320 96760 Elevated Water Tanks Upgrade 2,958,600 2,958,600 2,958,600 115,503 2,068,606 774,492 96761 Telemetry for Wells 565,000 565,000 565,000 12,586 28,014 524,400 96762 Water Generators 600,000 600,000 (297,500) 302,500 302,500 0 0 C 47 96763 Wellfield Expansion 1,033,310 1,033,310 1,033,310 104,696 186,894 741,720 96764 RO Plant Exp Res #1 993,850 993,850 993,850 155,800 224,355 613,695 48 31 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/05 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Water System (cont) 96765 Water Meter Testing Equipment 47,100 47,100 47,100 28,985 0 18,115 96766 Water Quality Monitoring Devices 150,000 150,000 150,000 0 0 150,000 Sub-Total 90,860,418 89,790,154 (103,510) 89,686,644 59,829,801 12,902,339 16,954,504 Sewer System 96605 WWC Interceptor Lines 1 ,287,856 1 ,287,856 (561,804) 726,053 726,053 0 0 C 35 96611 Bio-Solids Treatment 7,496,060 7,496,060 (39,858) 7,456,201 6,130,468 886,270 439,464 36 96613 NE FilterlMarshall Blow MCC 3,023,165 3,023,165 (175,705) 2,847,460 2,728,286 107,049 12,126 37 96615 Odor Control 520,000 520,000 520,000 91,495 59,026 369,479 38 96616 WWTP Internal Recycle Mod 1,075,000 2,340,331 2,340,331 154,374 1,775,623 410,333 96619 WWTP Generator Replacements 850,000 850,000 428,331 1 ,278,331 82,031 417,568 778,732 39 96620 WWTP Headworks 550,000 550,000 550,000 0 361,020 188,980 40 96621 WWTP New Presses 200,000 200,000 200,000 0 0 200,000 41 96630 Sanitary Sewer Ext 1,931,194 1,931,194 1,931,194 821,896 0 1 ,109,298 96634 San Util Reloc Accmmdtn 3,365,348 2,798,728 2,798,728 2,376,894 92,519 329,316 96645 Laboratory Upgrade & R&R 702,959 794,359 794,359 721,201 27,370 45,788 96654 Facilities Upgrade & Improv 1,866,689 1,866,689 (160,000) 1,706,689 1,645,449 191 61,049 42 96664 WPC R & R 6,195,212 6,195,212 160,000 6,355,212 5,874,746 320,963 159,504 43 96665 Sanitary Sewer R&R 19,084,942 18,035,715 561,804 18,597,518 12,494,989 1 ,362,190 4,740,339 44 96670 Poll Stor Tk Remov-WPC 172,926 172,926 172,926 124,276 0 48,650 96685 WPC Master Plan Ph III 1,634,430 1,543,030 1,543,030 1,513,993 28,206 831 96686 Pump Station Replacement 11,149,870 11,123,214 11,123,214 7,217,528 1,874,927 2,030,759 96694 Manhole & Gravity Line Repl 1,226,195 1,252,851 1,252,851 1,252,851 0 0 C 96696 WWC Sewer Upgrades 40,000 35,438 35,438 35,438 0 0 C Sub-Total 62,371 ,845 62,016,766 212,768 62,229,535 43,991,966 7,312,921 10,924,647 2 199,681 Gas System 96358 Environmental Remediation 1,636,936 1,636,936 1,636,936 787,734 101,343 747,858 96365 Line Relocation-Pinell Maint 1,216,089 1,216,089 1,216,089 323,254 10 892,825 96367 Gas Meter Change Out-Pin 850,000 850,000 850,000 92,323 0 757,677 96374 Line Relocation-Pin Capit 2,628,822 2,628,822 2,628,822 1,483,215 157,999 987,607 96376 Line Relocation - Pas Maint 230,000 230,000 230,000 0 0 230,000 96377 Pinellas New Main I Ser 8,859,269 8,895,014 33,755 8,928,769 7,198,063 28,329 1,702,377 33 96378 Pasco New Mains I Ser 7,681,782 7,681,782 7,681,782 5,340,020 32,686 2,309,076 96379 Pasco Gas Mtr Change Out 1,050,000 1,050,000 1,050,000 2,441 0 1,047,559 96381 Line Reloc-Pasco-Capital 455,000 455,000 455,000 954 0 454,046 96382 Gas Inventory - Work mgmt Sys 375,000 375,000 139,000 514,000 13,774 0 500,226 34 96383 Gas Sales Office 250,000 250,000 250,000 0 0 250,000 Sub-Total 25,232,897 25,268,642 172,755 25,441,397 15,241,779 320,368 9,879,251 Solid Waste 96426 Facility R & R 1,451,752 1,451,752 1,451,752 1,054,512 14,181 383,059 96438 Vehicle Acquisition 906,461 906,461 906,461 613,485 0 292,976 96439 Container Screening Pro 129,290 129,290 129,290 18,833 0 110,458 96440 Improvements to SW Complx 208,785 208,785 208,785 73,117 0 135,668 96442 SW Vehicle Replacement 709,769 709,769 709,769 537,020 7,795 164,954 96443 Res Container Acquisition-II 522,283 522,283 522,283 263,269 824 258,190 96444 Comm Container Acquisition-II 984,020 984,020 984,020 541,763 62,593 379,664 Sub-Total 4,912,360 4,912,360 0 4,912,360 3,101,999 85,392 1 ,724,969 Utility Miscellaneous 96516 Citywide Aerial Photo 171,666 171,666 171,666 149,533 0 22,134 96521 PW Infra Mgmt System 1,543,510 1,543,510 1 ,543,510 1,238,171 0 305,339 96523 Pub Utilities Adm Bldg R&R 183,054 183,054 183,054 144,926 7,413 30,714 96524 Exotic & Inv Species Cont 212,650 211,585 211,585 211,585 0 0 C 96525 Public Works Complex Bldg 225,000 0 0 0 0 0 C Sub-Total 2,335,880 2,109,815 0 2,109,815 1,744,214 7,413 358,188 32 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1/05 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Recycling 96804 Recycling Carts/Dumpsters 646,925 646,925 646,925 310,496 1,310 335,119 96805 Recyc Expan/Prom/R&R 962,923 962,923 962,923 586,942 0 375,980 96806 Recycling Equip Replac 1,987,037 1,987,037 1,987,037 1,414,303 95,509 477,225 96807 Recycling Van Acquisition 151,000 151,000 151,000 146,600 0 4,400 Sub-Total 3,747,885 3,747,885 0 3,747,885 2,458,341 96,819 1,192,725 513,583,569 524,618,932 (4,774,158) 519,844,774 344,462,458 51,498,070 123,884,245 33 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Safety Programs AmeriCorps Clearwater 2006 - Record $35,435,93 budget and actual transfers from 181-99489 AmeriCorps representing excess match in the AmeriCorps grant to AmeriCorps Clearwater 2006 for additional match for next 99280 35,435,93 year, 35,435,93 Federal Forfeiture - Treasury - Record a $33,404.47 budget increase in federal forfeiture revenue from the Treasury Department to match budgeted revenues with 2 99281 33,404.4 7 actual revenues received, 33,404.47 Justice Assistance Grant FY 05-07 - Record a $872,17 budget increase in interest revenue to match budgeted revenues with actual 3 99283 872,17 revenues received, 872,17 Traffic Safety - Record a $40,00 budget increase in donations to match budgeted 4 99290 40,00 revenues with actual revenues received, 40,00 Police Education Fund - Record a $12,312,81 budget increase in Police Education Fines to match budgeted revenues 5 99317 12,312,81 with actual revenues received, 12,312,81 Investigative Recovery Costs - Record a $36,633,21 budget increase in court forfeiture fees to match budgeted revenues with actual 6 99329 36,633,21 revenues received, 36,633,21 Florida Contraband Forfeiture Fund - Record a $60,992,74 budget increase representing $29,037,13 in interest earnings and $31,955,61 in court forfeiture fees to match budgeted revenues with actual 7 99330 60,992,74 revenues received, 60,992,74 Officer Friendly Program - Record a $62,07 budget increase in donations to match budgeted revenues with actual revenues 8 99332 62,07 received, 62,07 Vehicle Replacement Fund - Record $3,600,00 budget and actual increases representing a transfer from 181-99908 Outside Duty Program, This transfer reflects an additional $20,00 charge per each Outside Duty job that requires a police vehicle, This fund has been established to set aside money for the replacement of vehicles for the Police 9 99350 3,600,00 Department's Take Home Car Plan, 3,600,00 34 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Crime Prevention Program - Record $1,000,00 budget increase in donations to match budgeted revenues with actual 10 99364 1,000,00 revenues received, 1,000,00 Federal Forfeiture Sharing - Record a $159,809,54 budget increase representing $158,770,26 in federal forfeiture revenue from the Department of Justice and $1,039,28 in interest earnings to match budgeted revenues 11 99387 159,809,54 with actual revenues received, 159,809,54 AmeriCorps - Record $91,949,89 budget decrease representing $35,435,93 budget and actual transfers to 181-99280 AmeriCorps 2006 representing excess grant match and $56,513,96 budget reduction to match budgeted revenues with actual expenditures 12 99489 (56,513,96) (35,435,93) and close program, (91,949,89) Public Safety Program Totals: 248,613.05 3,600.00 252,213.05 Community Development Public Facilities & Improvements 2003 - To record a $8,376.43 budget transfer to 181- 99452 Public Facilities 2006 to close prior year HUD programs and roll balance forward to 13 99405 (8,376.43) current fiscal 2006, (8,376.43) Economic Development 2004 - To record $360,903,17 budget transfer representing $195,000,00 transfer to 181-99412 Housing Rehab 2004, $110,000,00 transfer to 181- 99413 Infill Housing 2004 , and $55,903,17 transfer to 181-99453 Economic Development 2006 to proper align 2004 budget with projects and to close prior year HUD programs and roll 14 99411 (360,903,17) balance forward to current fiscal 2006, (360,903,17) Housing Rehab 2004 - To record a $25,434,95 budget transfer representing $195,000,00 from 181-99411 Economic Development 2004, $201,789.49 transfer to 181-99454 Housing Rehab 2006, and $18,645.46 budget reduction prior year Rental Rehab non-HUD fund (685) program revenue credited in error and to close prior year HUD programs and roll balance forward to current 15 99412 (18,645.46) (6,789.49) fiscal 2006, (25,434,95) Infill Housing 2004 - To record a $235,305,04 budget transfer representing $110,000,00 from 181-99411 Economic Development 2004 offset by a $345,305,04 transfer to 181-99458 Infill Housing 2006 to close prior year HUD programs and roll balance forward to current 16 99413 (235,305,04) fiscal 2006, (235,305,04) 35 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Facilities & Improvements 2004 - To record a $922,57 budget transfer to 181-99452 Public Facilities 2006 to close prior year HUD programs and roll balance forward to current 17 99414 (922,57) fiscal 2006, (922,57) Public Services 2004 - To record a $7,613.44 budget transfer to 181-99451 Public Services 2006 to close prior year HUD programs and roll balance forward to current 18 99415 (7,613.44) fiscal 2006, (7,613.44) Program Administration 2004 - To record a $170,770,50 budget transfer to 181-99455 Program Administration 2006 to close prior year HUD programs and roll balance forward 19 99416 (170,770,50) to current fiscal 2006, (170,770,50) Fair Housing 2004 - To record a $13,307,39 budget transfer to 181-99456 Fair Housing 2006 to close prior year HUD programs and 20 99417 (13,307,39) roll balance forward to current fiscal 2006, (13,307,39) Relocation - To record a $45,177,31 budget transfer comprised of $25,177,31 to 181- 99457 Relocation/Demolition and $20,000,00 to 181-99458 Infill Housing 2006 to close prior year HUD programs and roll balance forward 21 99418 (45,177.31) to current fiscal 2006, (45,177.31) Demolition - To record a $27,444,00 budget transfer comprised of $5,732,00 to 181-99458 Infill Housing 2006 and $21 ,712,00 to 181- 99457 Relocation/Demolition 2006 to close prior year HUD programs and roll balance 22 99419 (27,444,00) forward to current fiscal 2006, (27,444,00) Economic Development 2005 - To record a $102,089,01 budget transfer to 181-99453 Economic Development 2006 to close prior year HUD programs and roll balance forward 23 99420 (102,089,01 ) to current fiscal 2006, (102,089,01 ) Housing Rehab 2005 - To record a $63,825,15 budget transfer comprised of $37,815,00 to 181-99452 Public Facilities 2006, $21,470,00 to 181-99458 Infill Housing 2006, and $4,540,15 to 181-99454 Housing Rehab 2006 to close prior year HUD programs 24 99422 (63,825,15) and roll balance forward to current fiscal 2006, (63,825,15) 36 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Infill Housing 2005 - To record a $1 ,312,19 budget transfer comprised of a $2,000,00 budget increase from 181-99427 Fair Housing 2005 offset by a $687,81 budget transfer to 181-99458 Infill Housing 2006 to close prior year HUD programs and roll balance forward 25 99423 1,312,19 to current fiscal 2006, 1,312,19 Public Services 2005 - To record a $1,00 budget transfer to 181-99452 Public Facilities 2006 to close prior year HUD programs and 26 99425 (1,00) roll balance forward to current fiscal 2006, (1,00) Program Administration 2005 - To record a $50,346.40 budget transfer to 181-99455 Program Administration 2006 to close prior year HUD programs and roll balance forward 27 99426 (50,346.40) to current fiscal 2006, (50,346.40) Fair Housing 2005 - To record a $10,000,00 budget transfer representing transfers as follows: $2,000,00 to 181-99423 Infill Housing 2005 and $8,000,00 to 181-99456 Infill Housing 2006 to close prior year HUD programs and roll balance forward to current 28 99427 (10,000,00) fiscal 2006, (10,000,00) RelocationlDemolition - To record a $50,000,00 budget transfer to 181-99458 Infill Housing 2006 to close prior year HUD programs and roll balance forward to current 29 99428 (50,000,00) fiscal 2006, (50,000,00) Public Services 2006 - To record a $7,613.44 budget transfer representing transfer from 181- 99415 Public Services 2004 to close prior year HUD programs and roll balance forward 30 99451 7,613.44 to current fiscal 2006, 7,613.44 Public Facilities 2006 - To record a net $64,564,76 budget increase representing transfers as follows: $8,376.43 from 181- 99405 Public Facilities & Improvements 2003, $922,57 from 181-99414 Public Facilities & Improvements 2004, $1,00 from 181-99425 Public Services 2005, $37,815,00 from 181- 99422 Housing Rehab 2005 and $117,450,00 from 181-99693 Public Facilities & Improvements 2002 offset by a $100,000,24 transfer to 181-99458 Infill Housing 2006 to close prior year HUD programs and roll 31 99452 64,564,76 balance forward to current fiscal 2006, 64,564,76 37 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Economic Development 2006 - To record a $226,341,79 budget increase representing transfers as follows $102,089,01 from 181- 99420 Economic Development 2005, $55,903,17 from 181-99411 Economic Development 2004, and $35,000,00 from 181- 99690 Economic Development 2002 to close prior year HUD programs and roll balance forward to current fiscal 2006 along with $33,349,61 in program income from Economic Development Fund (687) representing 2005 32 99453 33,349,61 192,992,18 program income, 226,341,79 Housing Rehab 2006 - To record a $561,078,99 budget increase representing transfers as follows: $4,540,15 from 181- 99422 Housing Rehab 2005, $54,825,32 from 181-99652 Housing Rehab 1998, and $201,789.49 from 181-99412 Housing Rehab 2004 to close prior year HUD programs and roll balance forward to current fiscal 2006 along with $299,924,03 in program income from Rehab Loan Fund (686), This program 33 99454 299,924,03 261,154,96 income is for years 2004 and 2005, 561,078,99 Program Administration 2006 - To record a $221,116,90 budget transfer comprised of a $170,770,50 budget transfer from 181-99416 Program Administration 2004 and $50,346.40 budget transfer from 181-99426 Program Administration 2005 to close prior year HUD programs and roll balance forward to current 34 99455 221,116,90 fiscal 2006, 221,116,90 Fair Housing 2006 - To record a $18,509,63 budget transfer comprised of a $8,000,00 from 181-99427 Fair Housing 2005, $13,307,39 from 181-99417 Fair Housing 2004 offset by a $2,797,76 transfer to 181-99458 Infill Housing 2006 to close prior year HUD programs and 35 99456 18,509,63 roll balance forward to current fiscal 2006, 18,509,63 RelocationlDemolition 2006 - To record a $46,889,31 budget transfer comprised of a $25,177,31 from 181-99418 Relocation and $21,712,00 from 181-99419 Demolition to close prior year HUD programs and roll 36 99457 46,889,31 balance forward to current fiscal 2006, 46,889,31 38 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Infill Housing 2006 - To record a $658,260.42 budget increase representing budget transfers as follows: $20,000,00 from 181-99418 Relocation, $21,470,00 from 181-99422 Housing Rehab 2005, $687,81 from 181- 99423 Infill Housing 2005, $50,000,00 from 181-99428 Relocation Demolition, $2,797,76 from 181-99456 Fair Housing 2006, $100,000,24 from 181-99452 Public Facilities 2006 $5,732,00 from 181-99419 Demolition and $345,305,04 from 181-99413 Infill Housing 2004 to close prior year HUD programs and roll balance forward to current fiscal 2006 along with $112,267,57 in program income from Rehab Loan Fund (689), This 37 99458 112,267,57 545,992,85 program income is for years 2004 and 2005, 658,260.42 Housing Rehabilitation 1998 - To record $54,825,32 budget transfer to 181-99454 Housing Rehab 2006 to close prior year HUD programs and roll balance forward to current 38 99652 (54,825,32) fiscal 2006, (54,825,32) Economic Development 2002 - To record a $35,000,00 budget transfer to 181-99453 Economic Development 2006 to close prior year HUD programs and roll balance forward 39 99690 (35,000,00) to current fiscal 2006, (35,000,00) Public Facilities & Improvements 2002 - To record a $117,450,00 budget transfer to 181- 99452 Public Facilities 2006 to close prior year HUD programs and roll balance forward to 40 99693 (117,450,00) current fiscal 2006, (117,450,00) Community Development Total: 426,895.75 0.00 426,895.75 39 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Social Services: Affordable Housing Impact Fees - To record a $102,006,97 budget increase representing $68,166,06 in interest earnings and $33,840,91 in rental fees to rnatch budgeted 41 99538 102,006,97 revenues with actual revenues received, 102,006,97 Social Services Total: 102,006.97 0.00 102,006.97 Marine Programs: Beach Guard Donations - Record a $9,460,00 budget increase in donations to rnatch budgeted revenues with actual 42 99707 9,460,00 revenues received, 9,460,00 Marine Programs Total: 9,460.00 0.00 9,460.00 Miscellaneous Programs: JWB - Ross Norton Teen - Record a $5,346,66 budget adjustrnent reflecting transfers of $2,924,33 to 181-99835 JWB - Prograrnrner N, Greenwood and $2,403,33 to 181-99847 JWB - Wood Valley Teens to cornplete the FY 05-06 prograrn and to 43 99822 (5,346,66) properly align expenditures with grant funds, (5,346,66) JWB - Programmer N. Greenwood - Record a $2,943,33 budget transfer frorn 181-181- 99822 JWB - Ross Norton Teen to cornplete FY 05-06 and to properly align expenditures 44 99835 2,943,33 with grant funds, 2,943,33 Special Events YR 03-04 - Record a $366,912,14 budget increase representing $294,691,89 in sales, $22,335,22 in donations, $47,995,03 in sponsorships, $400,00 in rnernberships registrations, and $1,490,00 in rentals to rnatch budgeted 45 99838 366,912,14 revenues with actual revenues received, 366,912,14 40 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Increasel Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Mgmt Training Initiatives - Record a $300,000,00 budget and actual transfers from the fire department's operating budget. This funding will replenish the program and allow the program to continue for another two years past the original projected end date of 2007, The program will continue to allow personnel to attend the National Fire Academy, conduct quarterly officer training, conduct state-of-the- art training, and maintain recruit school 46 99843 300,000,00 concept for newly hired firefighters, 300,000,00 Juvenile Welfare Board - Wood Valley Teens - Record a $2,403,33 budget transfer from 181-181-99822 JWB - Ross Norton Teen to complete FY 05-06 and to properly align 47 99847 2,403,33 expenditures with grant funds, 2,403,33 DriveCam Driver Risk Management Program - Record a $15,000,00 grant received from the Fireman's Fund Insurance Company, The grant will be used to equip our emergency response vehicles with the "DriveCam driver Risk Management Program", The program captures sights and sounds both inside and outside the vehicle and will provide a 20 second recording of a triggering event such as: hard braking, swerving, and collisions, The recording is reviewed, analyzed, and scored, The drivers are then coached to provide ongoing feedback to improve driving skills, Approved by Council 48 99870 15,000,00 September 5, 2006, 15,000,00 State Brownfield Redevelopment - Record a $1,035,05 budget increase in interest to match budgeted revenues with actual revenues 49 99871 1,035,05 received, 1,035,05 Juvenile Welfare Board - Ross Norton Camp '06 - Establish a $29,148,00 budget recognizing revenue received from the Juvenile Welfare Board to establish a 10 week Summer Camp for economically disadvantaged children, Approved by City 50 99883 29,148,00 Commission November 3, 2005, 29,148,00 Juvenile Welfare Board - N. Greenwood Camp '06 - Establish a $81 ,907,00 budget recognizing revenue received from the Juvenile Welfare Board to establish a 10 week Summer Camp for economically disadvantaged children, Approved by City 51 99884 81,907,00 Commission November 3, 2005, 81,907,00 41 Special Program Fund Third Quarter Budget Amendments October 1, 2005 - June 30, 2006 Amdmt Project Number Number Increasel (Decrease) Amount Intrafund Transfer Amount Description Teen Club - Record a $332,50 budget increase in donations to match budgeted revenues with actual revenues received, Net Budget Amendment 52 99889 332,50 332,50 Police - Outside Duty - Record a net $180,621,50 budget increase representing a $184,221,50 budget increase in contractual services to match budgeted revenues with actual revenues received offset by $3,600,00 budget and actual transfers to 181-99350 Vehicle Replacement, The transfers reflect an additional $20,00 charge for each outside 53 99908 184,221,50 (3,600,00) duty job that requires a police vehicle, 180,621,50 Library Special Account - Record a $19,116,11 budget increase in donations to match budgeted revenues with actual 54 99910 19,116,11 revenues, 19,116,11 Emergency Operation - Record $1,000,000,00 budget and actual increases representing general fund revenue to provide additional funds to prepare for andlor provide emergency operational funding during a 55 99927 1,000,000,00 natural disaster or similar emergency event. 1,000,000,00 Tree Replacement Program - Record $27,714,00 budget increase representing $27,604,00 in fines and $110,00 in donations to match budgeted revenues with actual 56 99970 27,714,00 revenues received, 27,714,00 Historical Falfade Program - Record a $429,76 budget increase in interest revenues to match budgeted revenues with actual 57 99979 429,76 revenues, 429,76 Safety Village - Record $1,000,00 budget increase in donations to match budgeted 58 99998 1,000,00 revenues with actual revenues received, 1,000,00 Miscellaneous Programs Total: 2,026,816.06 (3,600.00) 2,023,216.06 Grand Totals: 2,813,791.83 0.00 2,813,791.83 42 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2006 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref PLANNING PROGRAMS 99128 Countrywide Consistency Grant 45,050 45,050 0 45,050 33,910 0 11,140 99141 Historic District Evaluation 40,000 40,000 0 40,000 18,438 0 21,562 99142 Design Review 10,000 10,000 0 10,000 0 0 10,000 99143 Enclave Annexation 15,000 15,000 0 15,000 0 0 15,000 Sub-Total 110,050 110,050 0 110,050 52,348 0 57,702 PUBLIC SAFETY PROGRAMS 99279 Police Recruitments 0 50,000 0 50,000 2,140 0 47,860 99280 AmeriCorps Clearwater 2006 0 228,356 35,436 263,792 82,645 448 180,699 1 99281 Fed Forfeitures - Treasury 0 71,362 33,404 104,766 15,771 11,735 77,261 2 99282 COPS Technology 2005 0 246,661 0 246,661 0 0 246,661 99283 Justice Assistance Grant FY05-07 0 101,801 872 102,673 30,331 0 72,342 3 99284 BeachWalk Police Aides 50,000 50,000 0 50,000 886 0 49,114 99286 COPS 2004 Technology 692,634 692,634 0 692,634 0 0 692,634 99287 Local Law Enforcement Block Grant; 76,615 76,701 0 76,701 76,701 0 0 C 99288 Operacion Apoyo Hispano 2005 98,000 98,000 0 98,000 98,000 0 0 C 99289 Downtown Ambassadors 3,000 3,000 0 3,000 0 0 3,000 99290 Traffic Safety 1,330 1,801 40 1,841 1,240 0 601 4 99291 COPS Homeland Security 333,246 333,246 0 333,246 333,246 0 0 C 99295 Jasmine Courts 200,000 186,236 0 186,236 186,236 0 0 C 99296 Violent Crime & Drug Control 45,000 45,000 0 45,000 45,000 0 0 C 99299 Justice Assistance Grant FY07-08 0 66,807 0 66,807 0 0 66,807 99310 K-9 Equipment 19,258 26,758 0 26,758 24,364 0 2,394 99316 Police Volunteers 64,500 74,500 0 74,500 61,689 216 12,595 99317 Police Education Fund 930,609 961,644 12,313 973,957 851,941 6,211 115,805 5 99323 Weed & Seed 2001 175,000 170,907 0 170,907 170,907 0 0 C 99325 Citizen's Police Academy 34,113 34,113 0 34,113 25,477 0 8,636 99329 Investigative Recovery Costs 1,275,119 1,329,189 36,633 1,365,822 959,979 3,427 402,417 6 99330 FL Contraband Forfeiture Fnd 494,998 556,536 60,993 617,529 439,135 0 178,394 7 99331 Law Enforcement Trust FD '91 2,163,404 2,181,753 0 2,181,753 1,972,036 0 209,718 99332 Officer Friendly Program 127,555 137,958 62 138,020 132,416 0 5,604 8 99350 Vehicle Replacement Fund 38,290 54,390 3,600 57,990 0 0 57,990 9 99353 DUI Education 3,000 3,000 0 3,000 1,420 0 1,580 99354 Law Enforcement 178,159 178,935 0 178,935 178,935 0 0 C 99356 Safe Neighborhood Program 235,645 261,645 0 261,645 181,896 0 79,749 99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 8,345 20,620 1,000 21,620 7,462 0 14,158 10 99387 Federal Forfeiture Sharing 277,133 376,006 159,810 535,816 275,339 0 260,476 11 99489 Americops 514,745 514,745 (91,950) 422,795 422,795 0 0 C 12 99938 Homeless Shelter 1,137,181 1,159,280 0 1,159,280 1,059,280 0 100,000 99947 Safe Neighborhood TV Specialist 398,647 478,648 0 478,648 409,831 0 68,817 Sub-Total 9,594,527 10,791,234 252,213 11 ,043,446 8,065,987 22,037 2,955,426 COMMUNITY DEVELOPMENT 99402 Economic Development 2003 44,366 44,366 0 44,366 44,366 0 0 C 99403 Housing Rehab 2003 100,232 100,232 0 100,232 100,232 0 0 C 99404 Infill Housing 2003 0 0 0 0 0 0 0 C 99405 Public Fac & Imprvmts 2003 441 ,238 441 ,238 (8,376) 432,862 432,862 0 0 C 13 99406 Public Services 2003 241,165 241,165 0 241,165 241,165 0 0 C 99407 Program Admin 2003 176,836 176,836 0 176,836 176,836 0 0 C 99411 Economic Development 2004 424,209 424,209 (360,903) 63,306 63,306 0 0 C 14 99412 Housing Rehab 2004 116,234 116,234 (25,435) 90,799 90,799 0 0 C 15 99413 Infill Housing 2004 235,914 235,914 (235,305) 609 609 0 0 C 16 99414 Public Fac & Imprvmts 2004 815,648 815,648 (923) 814,725 725,687 43,092 45,947 17 99415 Public Services 2004 174,142 174,142 (7,613) 166,529 166,529 0 0 C 18 99416 Program Administration 2004 328,252 328,252 (170,771) 157,482 157,482 0 0 C 19 99417 Fair Housing 2004 22,510 22,510 (13,307) 9,203 9,202 0 0 C 20 43 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2006 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99418 Relocation 45,177 45,177 (45,177) 0 0 0 0 C 21 99419 Demolition 41,712 41,712 (27,444) 14,268 14,268 0 0 C 22 99420 Economic Development 2005 142,205 142,205 (102,089) 40,116 40,116 0 0 C 23 99421 Housing Consulting Service 115,000 115,000 0 115,000 38,576 0 76,424 99422 Housing Rehab 2005 186,985 186,985 (63,825) 123,160 123,160 0 0 C 24 99423 Infill Housing 2005 500 500 1,312 1,812 1,812 0 0 C 25 99424 Public Fac & Imprvmts 2005 302,848 302,848 0 302,848 139,900 75,746 87,203 99425 Public Svces 2005 171,450 171,450 (1) 171,449 155,323 16,127 0 C 26 99426 Program Admin 2005 215,997 215,997 (50,346) 165,651 165,651 0 0 C 27 99427 Fair Housing 2005 10,000 10,000 (10,000) 0 0 0 0 C 28 99428 Relocation & Demolition 50,000 50,000 (50,000) 0 0 0 0 C 29 99433 Infill Housing '97 561,486 561,486 0 561,486 561,486 0 0 C 99451 Public Services 2006 161,998 161,998 7,613 169,611 53,568 108,430 7,613 30 99452 Public Facilities 2006 411,990 411,990 64,565 476,555 33,688 82,562 360,305 31 99453 Economic Development 2006 30,000 30,000 226,342 256,342 20,390 0 235,951 32 99454 Housing Rehab 2006 200,000 200,000 561,079 761,079 37,591 0 723,488 33 99455 Program Administration 2006 200,097 200,097 221,117 421,214 140,706 0 280,508 34 99456 Fair Housing 2006 15,900 15,900 18,510 34,410 4,650 11,250 18,510 35 99457 Relocation IDemolition 2006 50,000 50,000 46,889 96,889 0 0 96,889 36 99458 Infill Housing 2006 10,000 10,000 658,260 668,260 (20,456) 0 688,716 37 99651 Economic Development 99,853 99,853 0 99,853 99,853 0 0 C 99652 Housing Rehabilitation 1998 54,825 54,825 (54,825) 0 0 0 0 C 38 99653 Infill Housing '98 209,815 209,815 0 209,815 209,815 0 0 C 99662 Housing Rehabilitation '99 38,146 38,146 0 38,146 38,146 0 0 C 99663 Home Ownership '99 101,243 101,243 0 101,243 101,243 0 0 C 99670 Housing Relocation 2000 7,568 7,568 0 7,568 7,568 0 0 C 99672 Housing Rehabilitation 2000 122,251 122,251 0 122,251 122,251 0 0 C 99676 Program Administration 2000 194,547 194,547 0 194,547 194,547 0 0 C 99678 Demolition 2000 9,565 9,565 0 9,565 9,565 0 0 C 99681 Economic Dvlopmt 2001 180,501 180,501 0 180,501 180,501 0 0 C 99684 Public Facilities & Imprmts 2001 386,459 386,459 0 386,459 386,459 0 0 C 99685 Public Svces 2001 135,424 135,424 0 135,424 135,424 0 0 C 99686 Program Administration 2002 200,514 200,514 0 200,514 200,514 0 0 C 99690 Economic Development 2002 260,703 260,703 (35,000) 225,703 225,703 0 0 C 39 99693 Public Fac & Improvements 2002 290,934 290,934 (117,450) 173,484 173,484 0 0 C 40 99694 Public Services 2002 190,158 190,158 0 190,158 190,158 0 0 C 99695 Program Adm 2002 215,708 215,708 0 215,708 215,708 0 0 C 99696 Fair Housing 2002 22,429 22,429 0 22,429 22,429 0 0 C 8,764,735 8,764,735 426,896 9,191,631 6,232,873 337,206 2,621,557 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 432,676 432,676 102,007 534,683 132,236 0 402,446 41 99557 Code Enforcement-N Grnwd '96 66,488 0 0 0 0 0 0 C 99562 HUD Special Education 30,000 30,000 0 30,000 25,500 0 4,500 Sub-Total 529,164 462,676 102,007 564,683 157,736 0 406,946 MARINE 99704 Sembler Mitigation Project 549,858 566,102 0 566,102 70,310 70,057 425,736 99707 Beach Guard Donations 36,553 41,158 9,460 50,618 42,858 0 7,761 42 99710 Clw Marine Aquarium Improv 50,000 48,519 0 48,519 48,519 0 0 C Sub-Total 636,411 655,780 9,460 665,240 161,687 70,057 433,497 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 500,000 500,000 0 500,000 70,693 0 429,307 99804 City Manager's Flexibility Fund 567,332 567,332 0 567,332 434,093 27,980 105,259 99822 JWB - Ross Norton Teen 2001 139,029 177,280 (5,347) 171,933 159,535 0 12,398 43 44 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1, 2005 to June 30, 2006 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2006 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99827 United Way 2002 1,500 1,500 0 1,500 1,420 0 80 99828 Vulnerability Assessment 115,000 33,047 0 33,047 33,047 0 0 C 99830 Clw Pedestrian/Bicycle Coordinator 135,108 135,108 0 135,108 130,405 0 4,703 99834 Neighborhood Services Grants 100,000 100,000 0 100,000 71,485 0 28,515 99835 JWB - Programmer N Greenwood 82,549 120,606 2,943 123,549 112,056 0 11,493 44 99837 Federal EPA Assessment 400,000 400,000 0 400,000 288,298 85,505 26,197 99838 Special Events FY 03-04 2,337,689 3,510,088 366,912 3,877,000 3,740,994 388 135,619 45 99843 Mgt Training Initiatives 421,547 421,547 300,000 721,547 270,850 0 450,697 46 99844 United Way 3,000 3,000 0 3,000 542 0 2,458 99845 Assistance to Firefighters Grt Prog 418,925 418,925 0 418,925 281 ,287 0 137,637 99846 Economic Development - QTI 72,970 72,970 0 72,970 7,700 0 65,270 99847 JWB - Wood Valley Teens 31,572 64,048 2,403 66,451 51,658 0 14,793 47 99870 DriveCam Driver Risk Mgmt Prgm 15,000 15,000 0 15,000 48 99871 St Brownfields Redevelopment Acct 143,297 146,070 1,035 147,105 52,764 1,126 93,216 49 99883 JWB - Ross Norton Camp '06 0 0 29,148 29,148 1,803 0 27,345 50 99884 JWB - N, Greenwood Camp '06 0 0 81,907 81,907 4,437 77,470 51 99885 Clearwater Auto Site 0 350,000 0 350,000 131,220 8,295 210,485 99889 Teen Club 0 1,584 333 1,916 568 0 1,348 52 99890 Cultural Art Festival 13,081 13,081 0 13,081 0 0 13,081 99891 Natl Strategies for Advancing Bike 50,000 50,000 0 50,000 50,000 0 0 C 99892 Pinellas County Recycling 58,691 118,747 0 118,747 118,747 0 0 99893 JWB - N, Greenwood Teen 2005 82,500 111,648 0 111,648 51,724 0 59,924 99894 JWB - Ross Norton Teen 2005 33,000 114,907 0 114,907 23,135 0 91,772 99898 Fire Dept Honor Guard 4,975 7,525 0 7,525 3,339 0 4,186 99899 GASB34 Implementation 238,000 238,000 0 238,000 35,238 0 202,762 99903 FROG Reissue Program 10,697 7,989 0 7,989 7,989 0 0 C 99908 Police - Outside Duty 2,619,353 2,983,234 180,622 3,163,855 3,197,102 0 (33,247) 53 99910 Library Special Account 407,328 460,387 19,116 479,503 365,444 6,396 107,663 54 99919 Waste Tire Grant 364,607 364,607 0 364,607 364,607 0 0 99925 Peg Access Support 709,898 729,898 0 729,898 653,783 1,453 74,662 99927 Emergency Operation 3,110,668 3,125,098 1,000,000 4,125,098 2,583,038 57,396 1,484,664 55 99928 Nagano Sister City Program 61,329 66,329 0 66,329 64,478 0 1,851 99931 Folk Art Festival 119,601 119,601 0 119,601 119,601 0 0 C 99939 Brownfield - Federal 500,000 500,000 0 500,000 455,477 38,843 5,680 99941 Moccasin Lake Nature Park 97,920 92,643 0 92,643 92,643 0 0 C 99950 lOB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99962 P&R Specified & Gift Program 1,206,893 1,266,056 0 1,266,056 1,255,416 0 10,640 99963 Economic Devopmt Incentive 188,237 193,558 0 193,558 52,608 0 140,950 99966 Integrated Disability Mgmt Assess 80,000 80,000 0 80,000 40,000 0 40,000 99968 Cleveland Street Maintenance 59,000 59,000 0 59,000 37,630 0 21,370 99970 Tree Replacement Project 628,766 705,514 27,714 733,228 523,406 33,771 176,051 56 99978 Mainstreet Program 12,573 12,955 0 12,955 0 0 12,955 99979 Historical Facade Program 80,956 160,956 430 161,386 86,074 0 75,312 57 99982 EMS IncentivelRecognition 35,925 41,125 0 41,125 26,936 0 14,189 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 42,141 0 7,859 99986 Mediterranean Village 468,264 532,224 0 532,224 263,534 57,456 211,234 99988 Increment Revenue - IMR 302,402 302,402 0 302,402 0 0 302,402 99995 Water Conservation Devices 100,000 100,000 0 100,000 79,387 0 20,614 99997 Main Library Field Trust Fund 115,571 115,571 0 115,571 0 0 115,571 99998 Safety Village 24,766 25,141 1,000 26,141 21,716 0 4,425 58 Sub-Total 17,358,652 19,825,430 2,023,216 21 ,848,646 16,492,878 318,609 5,037,161 TOTAL ALL PROJECTS 36,993,539 40,609,906 2,813,792 43,423,697 31 ,163,509 747,910 11,512,285 45 City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Revenues Ad Valorem Taxes $12,875 Interest Earnings 439,000 Fee in lieu of Drainage 31,840 Fee in lieu of Parking 16,1 00 Fee in lieu of Sidewalks 12,920 Description A budget increase of $12,875 reflects the final anticipated receipt of ad-valorem taxes for the fiscal year, representing road millage, per Council policy. Third quarter amendments reflect an increase of $439,000 due to higher than projected earnings during the fiscal year. Budget amendments ref I ect collections to date for this category of revenues. Budget amendments ref I ect collections to date for this category of revenues. Budget amendments ref I ect collections to date for this category of revenues. Third quarter amendment reflect higher than anticipated collections primarily for projects including the Clearwater Bay Marina, Clearwater Mall Phase II, Renaissance Oaks, Countryside Medical, Highland Townhomes, and Holiday Inn 290,000 Express. Open Space Fees Recreation Facility Impact Fees Third quarter amendment reflect higher than anticipated collections primarily for projects including the Clearwater Bay 50,000 Marina, Highland Townhomes, and Coachman Reserve. Recreation land Impact Fees Third quarter amendment reflect higher than anticipated collections primarily for projects including the Clearwater Bay 235,000 Marina, Highland Townhomes, and Holiday Inn Express. Third quarter amendment reflect higher than anticipated collections primarily for projects including the Roebling Building replacement, Ft. Harrison retail center, and Holiday 190,000 Inn Express. Transportation Impact Fees local Option Gas Tax Third quarter amendments reflect an increase of $50,000 in local option gas tax revenues due to higher than projected 50,000 receipts for the fiscal year. Third Quarter amendments reflect a decrease in the use of Penny reserves to fund the debt associated with the outstanding Penny bonds. Funding for the bond payments will first be paid by the remaining funds received last fiscal year as a $10 million reimbursment from Pinellas County for (2,633,460) the Memorial Causeway Bridge. Appropriation of Designated Reserves 46 Appropriation of Undesignated Reserves Transfer-In from Capital Improvement Fund Expenditures Transfer to Capital Improvement Fund Debt Service on Penny for Pinellas Bonds City of Clearwater SPECIAL DEVELOPMENT FUND Third Quarter Amendments FY 2005/06 Increase/ (Decrease) Description Third Quarter amendments reflect the allocation of $91,370 of unappropriated revenues of the Special Development Fund to project 315-93405, Downtown Boat Slips. This amendment 91,370 was approved by the City Council on 7/20/2006. Third quarter amendments reflect the return of $257.14 of undesignated Special Development Fund revenues from project 315-93487, Community Sports Development 257 Complex, as a result of the closing of this project. $ (1,214,098) Net Revenue Amendments Third Quarter amendments reflect the allocation of $91,370 of unappropriated revenues of the Special Development Fund to project 315-93405, Downtown Boat Slips. This amendment was approved by the City Council on 7/20/2006. 91,370 Third Quarter amendments reflect a decrease in the use of Penny reserves to fund the debt associated with the outstanding Penny bonds. Funding for the bond payments will first be paid by the remaining funds received last fiscal year as a $10 million reimbursment from Pinellas County for (2,633,460) the Memorial Causeway Bridge. $ (2,542,090) Net Expenditure Amendments 47 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2005 - June 30, 2006 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2005/06 2005/06 2005/06 2005/06 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 2,864,740 2,864,740 2,864,740 2,877,615 12,875 Infrastructure Tax 10,406,000 10,406,000 10,406,000 10,406,000 County Reimbursement - Fire Tax 113,650 113,650 113,650 113,650 Interest Earnings 250,000 250,000 250,000 689,000 439,000 Fee in lieu of Drainage 31,840 31,840 Fee in lieu of Parking 16,100 16,100 Fee in lieu of Sidewalks 12,920 12,920 Open Space Fees 132,560 132,560 132,560 422,560 290,000 Recreation Facility Impact Fees 50,000 50,000 50,000 100,000 50,000 Recreation Land Impact Fees 150,000 150,000 150,000 385,000 235,000 Transportation Impact 290,980 290,980 290,980 480,980 190,000 Local Option Gas Tax 936,330 936,330 936,330 986,330 50,000 Appropriation of Designated Reserves 5,300,150 5,300,150 6,500,734 3,867,274 (2,633,460) Appropriation of Undesignated Reserves 301 ,462 449,881 541,251 91,370 Transfer-In from Capital Improvement Plan 2,606,302 2,606,302 2,606,559 257 20,494,410 23,402,174 24,751,177 23,537,079 (1 ,214,098) Expenditures: Transfer to Capital Improvement Fund Road Millage 2,629,000 2,629,000 2,629,000 2,629,000 Infrastructure Tax 8,960,000 8,960,000 9,815,158 9,815,158 Transportation Impact fees 290,000 290,000 290,000 290,000 Open Space Impact fees 120,000 120,000 120,000 Recreation Facility Impact fees 88,962 88,962 88,962 Recreation Land Impact fees 63,500 63,500 63,500 Local Option Gas Tax 1,019,000 1,048,000 1,048,000 1,048,000 Undesignated Special Development Fund 345,426 436,796 91,370 Transfer to Special Program Fund Debt Service on Penny for Pine lias Bonds 6,899,220 6,899,220 6,899,220 4,265,760 (2,633,460) 19,797,220 20,098,682 21,299,266 18,757,176 (2,542,090) 48 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2005 - June 30, 2006 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2005/06 2005/06 2005/06 2005/06 Amendments SPECIAL PROGRAM FUND Revenues: CDBG Grant 1,079,985 1,079,985 1,079,985 1,079,985 CDBG Program Income 445,541 445,541 Home Funds 577,115 577,115 577,115 577,115 Grant Funds 670,019 738,296 789,192 50,896 Police Fines and Court Proceeds 413,688 613,627 914,307 300,680 Donations 143,856 219,169 272,625 53,456 Sales 319,027 941 ,536 1,236,228 294,692 Rentals 38,813 43,336 78,666 35,331 Sponsorships 113,081 114,081 162,076 47,995 MembershipslRegistrations (10,850) (9,550) (9,150) 400 Contractual Services 221 ,287 379,981 564,202 184,222 Interest Earnings 100,000 102,477 125,740 226,319 100,579 Downtown Development Board 13,430 13,430 Parks & Recreation Services 9,037 9,037 General Fund (39,389) (39,389) 1,260,611 1,300,000 Other Refunds 35 110 110 FEMA Reimbursement 14,430 14,430 Community Redevelopment Agency 493,960 493,960 493,960 Recycling Fund 60,056 60,056 60,056 Marine Fund (1,481) (1,481) (1,481) Transfers from General Fund United Way Program 1,500 1,500 1,500 1,500 Sister City Program 3,000 3,000 3,000 3,000 City Manager's Flexibility Fund 100,000 100,000 100,000 100,000 Special Event Funding 75,000 75,000 75,000 75,000 Homeless Shelter Program 100,000 100,000 100,000 100,000 Neighborhood Grants 25,000 25,000 25,000 25,000 GASB #34 Consulting Requirement 50,000 50,000 50,000 50,000 2,111,600 4,536,178 5,727,966 8,541,758 2,813,792 Expenditures: CDBG Grant 1,079,985 1,079,985 1,079,985 1,506,881 426,896 Home Program 577,115 577,115 577,115 577,115 Public Safety 1,140,795 1,541,038 3,288,873 1,747,835 Social Services (66,488) (66,488) 35,519 102,007 Marine 2,939 19,369 28,829 9,460 Community Redevelopment 493,960 493,960 494,390 430 Parks & Recreation 270,987 303,031 414,418 111,388 Sister City Program 3,000 3,000 3,000 3,000 Emergency Operations 14,430 14,430 General Fund United Way Program Fund 1,500 1,500 1,500 1,500 City Manager's Flexibility Fund 100,000 100,000 100,000 100,000 Neighborhood Grants 25,000 25,000 25,000 25,000 Special Event Funding 75,000 578,984 1,270,026 1,636,938 366,912 Homeless Shelter Program 100,000 122,099 122,099 122,099 GASB #34 Consulting Requirement 50,000 50,000 50,000 50,000 Other Miscellaneous Programs 56,303 93,901 142,766 48,865 2,011,600 4,436,178 5,627,966 8,441,758 2,813,792 SPECIAL PROGRAM FUND Revenues: SHIP Funds 820,100 820,100 820,100 820,100 Expenditures: SHIP Program 820,100 820,100 820,100 820,100 820,100 820,100 820,100 820,100 49 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2005/06 In accordance with City of Clearwater Code Section 2.564(2), the City Manager may approve and execute change orders without City Council approval within certain limitations. The following change order have been administratively approved since the last report to the Council based on the code specified criteria: 06/06/06 06/19/06 06/28/06 07/18/06 07/28/06 1. Increases do not exceed 10% over Council approved amount on a cumulative basis. 2. Change does not change the scope of a project. 3. Price increases do not require additional appropriation to the project. 4. Contract price decreases may be approved without limitation. 5. The time for completion may not be extended by more than sixty (60) days, in anyone change or cumulatively for the same project. ***** Administrative Change Order #1 - Drew Street and Lady Mary Drainage Improvement Projects (03-0009-EN) This change order is to move funds to appropriate bid items, resulting in no net change to the contract. Also approve a time extension of 32 days, bringing the revised completion date to April 28, 2006. Castco Construction, Inc. $0 Administrative Change Order #1 - Glen Oaks Stormwater Project (02- 0030-EN). This change order is to allow the contractor a time extension of 59 days due to the excessive amount of changes needed for this project. The contract amount remains the same. David Nelson Construction Company $0 Administrative Change Order #1 - 2005 Drainage Improvements Project (OS-0001-EN). This change order decreases unused bid items and increases bid items due to quantity overruns. This change order results in no net change to the contract amount. Rowland Incorporated $0 Administrative Change Order #2 and final - 2005 Street Resurfacing Cant (OS-0009-EN). This change order decreases the contract amount by $226,698.57 for a new contract total of $1,619,222.93. This is needed to close out the contract and return unused funds to the City. R.E. Purcell Construction Company ($226,698.57) Administrative Change Order #4 and Final - Seville/Sunset Reclaimed Water Project (02-0103-UT). This change order decreases the contract amount by $344,911.74 for a new contract total of $1,857,286.39, and approves a time extension of forty-four (44) days to complete the necessary work. Time delays were beyond the contractor's control. Danella Construction Corporation ($344,911.74) 50 08/02/06 08/08/06 08/28/06 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2005/06 Administrative Change Order #3 - Water Service Line Replacement Contract (04-0068-UT). This change order decreases the contract amount by $38,754.00 for a new contract total of $1,896,045.75 This change is to shift funds from unused items and for additional items that were necessary to comply with the intent of the contract. Westra Construction Corporation ($38,754.00) Administrative Change Order #1 - Long Center Renovation Project (04- 0061-PR). This change order increases the contract amount by $8,064.00 for a new contract total of $828,672.00. This change is necessary to compensate for additional work caused by unforeseen field conditions. Angle & Schmid, Inc. $8,064.00 Administrative Change Order #3 and Final - Stevenson Creek Water Main Replacement Project (04-0037-UT). This change order decreases the contract amount by $34,088.75 for a new contract total of $623,740.57. This change is necessary to close out this project and return unused funds to the City. A&L Underground, Inc. ($34,088.75) 51 ORDINANCE NO. 7710-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER AND SEWER FUND, STORMWATER UTILITY FUND, SOLID WASTE FUND, GAS FUND, RECYCLING FUND, MARINE AND AVIATION FUND, PARKING FUND, GENERAL SERVICES FUND, AND GARAGE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2006, for operating purposes, including debt service, was adopted by Ordinance No. 7497-05; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $10,941,446 for revenues and $6,939,124 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 1 of Ordinance No. 7497-05 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the fiscal year beginning October 1, 2005 and ending September 30, 2006 a copy of which is on file with the City Clerk, the City Council hereby adopts an rlmAnrlArl budget for the operation of the City, a copy of which is attached hereto as Exhibit A. SAction 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: Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk Ordinance No. 7710-06 EXHIBIT A 2005-06 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2005/06 2005/06 2005/06 2005/06 Amendment General Fund: Property Taxes 44,878,180 44,878,180 44,878,180 45,182,410 304,230 Franchise Fees 7,792,130 7,902,130 7,902,130 9,006,130 1,104,000 Utility Taxes 10,810,200 10,810,200 10,810,200 10,810,200 Licenses, Permits & Fees 4,015,000 4,015,000 4,015,000 5,043,800 1,028,800 Sales Tax 6,325,000 6,325,000 6,325,000 6,325,000 Communications Services Tax 6,547,070 6,547,070 6,547,070 6,547,070 Intergovernmental Revenues 10,010,270 10,010,270 10,010,270 10,726,270 716,000 Charges for Current Services 3,674,870 3,772,570 3,762,200 3,758,700 -3,500 Fines & Forfeitures 828,000 828,000 842,000 842,000 Interest Income 529,000 529,000 529,000 879,000 350,000 Miscellaneous 1,146,540 1,041,540 1,041,540 905,280 -136,260 Interfund Charges/Transfers In 14,843,650 14,850,412 14,887,912 15,047,912 160,000 Transfer from Surplus 0 102,526 160,026 -1,457,734 -1,617,760 Total, General Fund 111,399,910 111,611,899 111,710,529 113,616,039 1,905,510 Special Revenue Funds: Special Development Fund 20,494,410 23,402,174 24,751,177 23,537,079 -1,214,098 Special Program Fund 2,111,600 4,536,178 5,727,966 8,841 ,758 3,113,792 Local Housing Asst Trust Fund 820,100 820,100 820,100 820,100 Utility & Other Enterprise Funds: Water & Sewer Fund 51,781,310 51,781,310 51,781,310 55,413,992 3,632,682 Stormwater Utility Fund 11,531,030 11,531,030 11,531,030 13,614,925 2,083,895 Solid Waste Fund 17,298,140 18,317,157 18,365,957 18,420,757 54,800 Gas Fund 42,062,990 48,337,940 48,337,940 47,628,840 -709,100 Recycling Fund 2,557,900 2,657,956 2,708,956 2,793,956 85,000 Marine and Aviation Fund 3,850,400 3,850,400 3,850,400 5,021,881 1,171,481 Parking Fund 4,782,260 4,723,084 4,723,084 5,073,084 350,000 Harborview Center Fund 2,211,770 692,150 692,150 692,150 Internal Service Funds: Administrative Services Fund 9,106,290 9,1 06,290 9,106,290 9,106,290 General Services Fund 4,117,710 4,117,710 4,124,71 0 4,127,260 2,550 Garage Fund 11,330,890 11,803,148 11,901,538 12,366,472 464,934 Central Insurance Fund 19,759,210 20,150,693 20,984,883 20,984,883 Total, All Funds 315,215,920 327,439,219 331,118,020 342,059,466 10,941,446 Ordinance #7710-06 EXHIBIT A (Continued) 2005-06 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2005/06 2005/06 2005/06 2005/06 Amendment General Fund: City Council 297,300 299,540 299,540 299,540 City Manager's Office 1,125,050 1,075,050 1,075,050 1,152,050 77,000 City Attorney's Office 1,505,800 1,505,800 1,580,800 1 ,580,800 City Audit 145,960 145,960 145,960 148,460 2,500 Development & Neighborhood Svcs 3,837,330 3,912,330 3,912,330 4,045,150 132,820 Economic Development & Housing S 1,397,330 1,397,330 1,417,330 1,417,330 Equity Services 348,330 348,330 348,330 348,330 Finance 2,157,900 2,157,900 2,157,900 2,157,900 Fire 20,658,540 20,658,540 20,658,540 20,634,220 -24,320 Human Resources 1,207,690 1,207,690 1,207,690 1,277,990 70,300 Library 6,081,950 6,069,158 6,083,158 6,163,158 80,000 Marine & Aviation 502,830 502,830 482,830 492,330 9,500 Non-Departmental 4,671,660 4,703,759 4,703,759 5,703,759 1,000,000 Office of Management & Budget 315,680 315,680 315,680 315,680 Official Records & Legislative Svcs 1,250,160 1,250,160 1,250,160 1,247,660 -2,500 Parks & Recreation 20,088,080 20,240,730 20,250,360 20,810,570 560,210 Planning 1 ,484,330 1 ,484,330 1 ,484,330 1 ,484,330 Police 33,243,510 33,243,510 33,243,510 33,243,510 Public Communications 976,400 989,192 989,192 989,192 Public Works Administration 10,104,080 10,104,080 10,104,080 10,104,080 Total, General Fund 111,399,910 111,611,899 111,710,529 113,616,039 1,905,510 Special Revenue Funds: Special Development Fund 19,797,220 20,098,682 21,299,266 18,757,176 -2,542,090 Special Program Fund 2,011,600 4,436,178 5,627,966 8,741,758 3,113,792 Local Housing Asst Trust Fund 820,100 820,100 820,100 820,100 Utility & Other Enterprise Funds: Water & Sewer Fund 49,847,580 49,847,580 49,847,580 53,480,262 3,632,682 Stormwater Utility Fund 11,398,620 11,398,620 11,323,620 11,323,620 Solid Waste Fund 17,298,140 17,298,140 17,346,940 17,398,420 51,480 Gas Fund 40,533,050 46,615,660 47,012,970 46,289,540 -723,430 Recycling Fund 2,557,020 2,647,076 2,672,236 2,706,036 33,800 Marine and Aviation Fund 3,601,820 3,601,820 3,601,820 4,601,820 1,000,000 Parking Fund 4,609,970 4,513,470 4,513,470 4,513,470 Harborview Center Fund 2,211,770 692,150 692,150 692,150 Internal Service Funds: Administrative Services Fund 9,053,370 9,053,370 9,053,370 9,053,370 General Services Fund 4,1 04,120 4,1 04,120 4,111 ,120 4,113,670 2,550 Garage Fund 11,330,890 11,793,148 11,890,408 12,355,238 464,830 Central Insurance Fund 18,737,140 19,128,623 19,962,813 19,962,813 Total, All Funds 309,312,320 317,660,636 321,486,358 328,425,482 6,939,124 Ordinance #7710-06 ORDINANCE NO. 7711-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, TO REFLECT A NET DECREASE OF $4,774,158 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2006 was adopted by Ordinance No. 7498-05; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; SAction 1. Section 1 of Ordinance No. 7498-05 is amended to read: Pursuant to the Thirn OIJrlrtAr AmAnnAn Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2005 and ending September 30, 2006, a copy of which is on file with the City Clerk, the City Council hereby adopts a Thirn OIJrlrtAr AmAnnAn budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance #7711-06 55 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06 Original Budget 2005/06 First Qtr Amended Budget 2005/06 Mid Year Amended Budget 2005/06 Third Qtr Amended Budget 2005/06 Amdmnts Fire Protection 6,409,610 6,398,214 6,398,214 6,398,214 New Street Construction 500,000 500,000 500,000 Major Street Maintenance 4,543,740 19,947,308 24,349,397 24,339,397 (10,000) Sidewalks and Bike Trails 16,620 16,620 Intersections 485,000 514,000 (446,433) (446,433) Parking 300,000 262,676 262,676 (87,324) (350,000) Miscellaneous Engineering 43,535 43,535 17,713 (25,822) Leisure/Land Acquisition 383,500 383,500 383,500 Park Development 3,101,000 (3,105,038) (2,695,038) (3,319,216) (624,178) Marine Facilities 1,220,000 1 ,263,492 1 ,491 ,249 1,612,619 121,370 Airpark Facilities 10,000 (436) 13,910 13,910 Libraries 571 ,490 570,633 608,133 608,133 Garage 4,424,100 4,886,358 4,978,793 2,620,209 (2,358,584 ) Maintenance of Buildings 1,001,000 1,001,000 816,000 777,711 (38,289) General Public Buildings & Equipn 135,000 Miscellaneous 1,117,500 1,100,964 1,105,278 1,098,319 (6,959) Stormwater Utility 8,554,580 7,931,697 6,698,213 4,934,504 (1,763,709) Gas System 5,110,000 5,145,745 5,145,745 5,318,500 172,755 Sol id Waste 548,500 548,500 548,500 548,500 Utilities Miscellaneous 269,000 267,935 42,935 42,935 Sewer System 8,706,100 8,215,700 8,351,021 8,563,789 212,768 Water System 7,945,340 7,365,415 6,875,076 6,771,566 (103,510) Recycling 150,000 150,000 150,000 150,000 TOTAL 54,601,960 63,391,199 65,637,324 60,863,166 (4,774,158) 56 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06 Original Budget 2005/06 First Qtr Amended Budget 2005/06 Mid Year Amended Budget 2005/06 Third Qtr Amended Budget 2005/06 Amdmnts GENERAL SOURCES: General Operating Revenue 2,297,610 2,360,228 2,322,728 2,322,728 General Revenue/County Co-op 571 ,490 571,490 571,490 571,490 Special Development Fund (2,500,000) (2,154,574) (2,063,461 ) 91,113 Community Redevelopment Agen 784,450 784,450 784,450 Road Mileage 2,864,740 2,864,740 2,864,740 2,864,740 Recreation Facility Impact Fee 88,962 88,962 88,962 Recreation Land Impact Fee 63,500 63,500 63,500 Open Space Impact Fee 120,000 120,000 120,000 Penny for Pinellas 8,960,000 8,920,206 9,626,945 9,626,945 Transportation Impact Fees 290,000 223,492 223,492 223,492 Local Option Gas Tax 1,019,000 1,048,000 1,048,000 1,048,000 Special Program Fund 150,000 150,000 150,000 (150,000) Grants - Other Agencies 604,500 (5,170,936) (5,100,031 ) (5,110,031) (10,000) Contributions 500,000 500,000 500,000 (500,000) Donations (15,000) (15,000) Other Refunds 257 257 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 235,000 235,000 235,000 235,000 Parking Revenue 310,000 272,676 272,676 (77,324) (350,000) Harbor view Revenue 100,000 100,000 100,000 100,000 Utility System: Water Revenue 373,390 373,390 373,390 640,803 267,413 Sewer Revenue 940,200 940,200 940,200 3,641,257 2,701,057 Water Impact Fees 250,000 250,000 250,000 250,000 Water R & R 1,126,740 1 , 1 26,740 1,126,740 1,498,740 372,000 Sewer Impact Fees 280,000 280,000 280,000 280,000 Sewer R&R 1,190,700 1,190,700 1,190,700 1,593,700 403,000 Stormwater Utility 1,698,870 1,698,870 1,623,870 (460,025) (2,083,895) Gas Revenue 5,120,000 5,120,000 5,120,000 5,259,000 139,000 Solid Waste Revenue 60,000 (959,017) (959,017) (959,017) Recycling Revenue 30,000 30,000 30,000 30,000 Grants 1,612,000 1,952,426 1,966,772 1,966,772 Property Owner's Share 35,745 35,745 263,491 227,745 Donations 119,941 119,941 Other Governmental 89,374 89,374 57 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2005/06 Original Budget 2005/06 First Qtr Amended Budget 2005/06 Mid Year Amended Budget 2005/06 Third Qtr Amended Budget 2005/06 Amdmnts INTERNAL SERVICE FUNDS: Garage Fund 1 77, 1 00 629,358 628,228 628,124 (104) Administrative Services Fund 350,000 350,000 385,500 385,500 General Services Fund 20,000 20,000 20,000 20,000 Central Insurance Fund 849,184 849,184 Insurance Claims 16,700 16,700 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 286,000 258,571 258,571 251,612 (6,959) Improvement Revenue Bond 14,000,000 14,000,000 14,000,000 SELF-SUPPORTING FUNDS: Lease Purchase - Water 278,000 278,000 278,000 (19,500) (297,500) Lease Purchase - Solid Waste 488,500 488,500 488,500 488,500 Lease Purchase - Recycling 120,000 120,000 120,000 120,000 Bond Issue - Water & Sewer 12,400,410 13,397,876 13,397,876 9,777,799 (3,620,076) Bond Issue - Stormwater 5,324,710 6,608,107 6,778,443 7,098,628 320,185 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 4,302,000 4,302,000 4,395,564 2,020,384 (2,375,180) Lease Purchase - Administrative 160,000 156,925 125,739 125,739 Lease Purchase - General Servic4 111,000 111,000 111,000 102,711 (8,289) TOTAL ALL FUNDING SOURCES: 54,601,960 63,391,199 65,637,324 60,863,166 (4,774,158) 58 Interoffice Memorandum To: Mayor and City Council From: Tina Wilson, Budget Director cc: Bill Horne, City Manager Garry Brumback, Assistant City Manager Rod Irwin, Assistant City Manager Date: September 20, 2006 Re: Corrected Third Quarter Budget Ordinance #7710-06 The following outlines the change proposed by the City Council at the September 18, 2006 work session, which will fund a one-time additional $300,000 contribution to PACT, Inc per the agency's request and the correction to Ordinance #7710-06 to document this change at first reading of the ordinance: 1) General Fund expenditures in the Parks and Recreation Department will increase by $300,000, from $1,605,510 on the original ordinance to $1,905,510 in this corrected ordinance. This will provide an increase to the Parks and Recreation Budget transferring $300,000, representing unallocated retained earnings, to the Special Program Fund to establish a project to set these monies aside for the additional PACT contribution. 2) General Fund revenues will also increase in the amount of $1,905,510 and reflect a reduction in the transfer to retained earnings in the amount of $300,000, reducing this amount from $1,917,760 in the original ordinance to $1,617,760 in this corrected ordinance. 3) Special program amendments to revenues and expenditures are increased by $300,000, to the amount of $3,113,792. This recognizes the establishment of a special program project in the amount of $300,000 to fund the PACT contribution from retained earnings. The third quarter ordinance #7711-06, amending the Capital Improvement Budget, remains as provided in the original report. , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :-:: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Supplemental Local Agency Program Agreement with the Florida Department of Transportation in the amount of $3,793,748 for the Beach Walk project. SUMMARY: On May 4, 2006, the Council approved a Local Agency Program Agreement with the Florida Department of Transportation (FDOT) in the amount of $3,822,000 for the Beach Walk project. FDOT just informed staff that Congress has implemented a 0.8% reduction in all federal earmarks which reduces the award amount from $3,822,000 to $3,793,748, and necessitates execution of a supplemental agreement to change this amount. This supplemental agreement must be executed prior to the City advertising the project to bid. Review Approval: 1) Clerk 2) Legal 3) Clerk 4) City Manager 5) Clerk 6) City Manager 7) Clerk 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 1 of 7 SUPPLEMENT NO, 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FIN NO: 416652 1 28/5801 LOCAL AGENCY PROGRAM SUPPLEMENTAL CONTRACT NO: AO 070 Ar"CI:I:MI:....T PROJECT DESCRIPTION The FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT 7 and the City of Clearwater desire to supplement the Agreement entered into and executed on May 4, 2005 as identified above. All provisions in the basic Agreement remain in effect except as expressly modified by this Supplement. The changes to the Agreement are described as follows: Name: Floridil Beilch Willk Initiiltive Length: Termini: Description of Work: The City, using a professional services consultant, will perform the necessary evaluation and documentation activities outlined in the Department's Project Development and Environment (PD&E) Study Manual and perform the Construction activities for the proposed reconfiguration of Gulfview Boulevard as part of the Florida Beach Walk Initiative Project. Reason for Supplement: To include funding provided by Federal Earmarks and local funds for the Construction phase of the project. To extend the agreement expiration date to December 31,2009. To amend article 1.01 Modifications and Additions to include Exhibits 1 and AR attached hereto. Additionally, this agreement revises Exhibits A and B to include as provided below: SPECIAL CONSIDERATION BY AGENCY The City will submit to the Department 60% and 100% design plans for review and approval. At 100% plans submittal, the City will provide the project Bid Package to include Specifications, updated construction estimate, City's Certification Clear Package letters (documentation of utility coordination, Right of Way clearance documentation, environmental permits and environmental determination), draft construction contract and completed contract checklists provided by the Department. All above items must be reviewed and approved and a Notice to Proceed for Construction must be issued by the Department prior to any construction related activities, including project advertisement. Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The City will provide to the Department the following eleven point project milestones schedule upon final execution of this agreement and quarterly thereafter: 1. LAP Agreement Execution Date 4. Permits Clear 7. R/W Certification 10. Award Date 2. NTP to Local Agency 5. Environmental Clear 8. Advertisement Date 11. Construction Completion Date 3. Utility Certification 6. R/R Certification 9. Bid Opening Date The City will let the construction contract prior to June 30, 2007. If the City cannot meet this letting date, the Department must be notified in writing and a new project letting date provided prior to May 1, 2007. Failure to comply with this requirement may be cause for termination of this project agreement and withdrawal of Department funding. The City will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525-010-300). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will issue to the City a Notice to Proceed for the Construction phase after final design plans, bid package, specifications, certification clear package (documentation of utility coordination, right of way clearance documentation, environmental permits and environmental determination), draft construction contract and LAP Checklists have been reviewed and approved. 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 2 of 7 TYPE OF WORK FUNDING (1) (2) (3) (4) (5) PREVIOUS PROJECT ADDITIONAL CURRENT TOTAL TOTAL TOTAL PROJECT PROJECT TOTAL AGENCY FUNDS FEDERAL AND STATE FIINns FIINns FIINns FIINns P.D. & E. a, Agency Work 1 50 000 1 50 000 150 000 b, Other c, Other d, Total PD&E (a+b+c) 150,000 150,000 150,000 P.E. a, Agency Work b, Other c, Department Services d, Total PE Cost (a+b+c) Right-of-Way e, Agency Work t, Other g, Department Services h, Total R/W Cost (e+t+g) Construction i, Contract 3 822 000 3 822 000 28 252 3793748 j, Other k, Other I. Other m, Total Contract Costs 3,822,000 3,822,000 28,252 3,793,748 (i+j+k+l) Construction Engineering n, Agency 0, Other p, Department Forces q, Total Construction Engineering (n+o+p) r, Total Construction Cost 3,822,000 3,822,000 28,252 3,793,748 (m+q) s, TOTAL COST OF $150,000 $3,822,000 $3,972,000 $28,252 $3,943,748 PROJECT (d+hH) 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 3 of 7 EXHIBIT AR Audit Reports Article 5.04, Audit Reports, is modified as follows and supersedes that article: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 4 of 7 state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FOOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Lawrence Taylor, District JPAlLAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards ~ to each of the following: 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 5 of 7 Florida Department of Transportation Lawrence Taylor, District JPAlLAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Lawrence Taylor, District JPAlLAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient ~ to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Lawrence Taylor, District JPAlLAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient d.lrectbL to: A. The Department at each of the following addresses: Florida Department of Transportation Lawrence Taylor, District JPAlLAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 6 of 7 EXHIBIT 1 Single Audit Act Federal Resources Awarded to the Recipient Pursuant To This Agreement Consist Of The Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $3,943,748 Compliance Requirement: Allowed Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the Federal-Aid highways; highway safety activities; bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of State and local priorities within the limit of the funds apportioned or allocated to each State. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 Code of Federal Regulations and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the Federal-aid highway program is a federally assisted State program that requires each State to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State transportation departments (State DOTs). Projects to be funded under the Federal-aid highway program are generally selected by State DOTs or MPOs, in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other Federal aid highway projects, with the territorial transportation agency functioning in a manner similar to a State transportation department. Most FLHP projects are administered by the FHWA Office of Federal Lands Highway and its Divisions or by the various FLMAs. Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal governments and are approved by the Bureau of Indian Affairs (BIA) and the Federal Highway Administration. Due to recent legislation, Tribal governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the Federal Highway Administration jointly select projects. Compliance Requirements Applicable To The Federal Resources Awarded Pursuant To This Agreement Are As Follows: The recipient of Local Agency Program funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Chapters 23 and 49, Code of Federal Regulations. Note: Section .400(d) of OMB Circular A133, as revised, and Section 215.97(5) (a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. (Remainder of this page intentionally left blank) 525-01 0-32 PROJ MGT, RESEARCH & DEV OFC 02/01 Page 7 of 7 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Frank Hibbard Mayor-Commissioner By: Scott W. Collister, P.E., CPCM Director of Transportation Development Attest: Title: Attest: Title: Date: Date: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :-:: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ Meeting Date:9/21/2006 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize Filing in Circuit Court of Application to Vacate Arbitrator's Award in City of Clearwater v. Clearwater Firefighters Association, Inc., IAFF, Local # 1158 [Trevor Murray Discharge], FMCS Case No. 05-58832. SUMMARY: Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :-:: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ SUBJECT / RECOMMENDATION: SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:9/21/2006 Review Approval: 1) Clerk , (. ~L~,rr.'I~A A~\." .~~~~ ~ ' ,,~ :-:: r:' ,~ C:i, "~'V8:<c ,="". ... :~ . ,.... ,~ -~ ...", '~ -i1"\; -. - ,. . ~-.- ',:..:... .,,~ '1>iji'E~~~~ SUBJECT / RECOMMENDATION: SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:9/21/2006 Review Approval: 1) Clerk