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09/20/2007 City Council Agenda Location: Council Chambers - City Hall Date: 9/20/2007- 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 Pinellas County Historic Preservation Task Force - Commissioner Karen Seel ~ Attachments 4.2 Proclamation: Hispanic Heritage Month - Maria Nieves Edmonds, Hispanic Leadership Council; Sandra Lythe, YWCA Hispanic Services Director; Robin Gomez, City of Clearwater. ~ Attachments 4.3 Proclamation: The Big Read - National Endowment for the Arts. Presentors: Margo Walbolt, Clearwater Cultural Affairs Manager; Mary Brown, Executive Director - Pinellas Public Library Cooperative. ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the September 6, 2007 City Council 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 Set the FY 2007/08 Millage Rate, approve the FY 2007/08 Operating and Capital Improvement Budgets and adopt Ordinances 7865-07, 7866-07 and 7867-07 on second reading. ~ Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District consisting of a portion of 2949 Sunset Point Road (consisting of a portion of metes and bounds 14/154 in section 5, Township 29 South, Range 16 East); and Pass Ordinances 7856-07, 7857-07, and 7858-07 on first reading. (ANX2007-07016) ~ Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2951 Sunset Point Road (consisting of a portion of metes and bounds 14/154 in section 5, Township 29 South, Range 16 East); and Pass Ordinances 7859-07, 7860-07, and 7861-07 on first reading. (ANX2007 -07017) ~ Attachments 7.4 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2790 Morningside Drive (Lot 10, Winwood); and Pass Ordinances 7862-07, 7863-07 and 7864-07 on first reading. (ANX2007- 07018) ~ 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 a Future Land Use Plan Amendment from the Institutional (I) Classification to the Residential Urban (RU) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 1520 S. Prospect Avenue (consisting of Lots Eleven and Twelve, Block C, Second addition to Belmont Subdivision); and Pass Ordinances 7852-07 and 7853-07 on first reading. (LUZ2007-06003) ~ Attachments City Manager Reports 9. Consent Agenda 9.1 Approve the 2007 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) I@l Attachments 9.2 Approve amendments to the Capital Improvement Program (CIP) with a zero net budget change to restrncture current Water and Sewer Utility Fund revenue bond projects as advance preparation for postponing until FY2009 the planned FY2008 bond issuance. (consent) I@l Attachments 9.3 Approve payment of insurance premiums for insurance policies for an amount not to exceed $625,000, with policy effective dates beginning during the time period October 1,2007 to September 30,2008. (consent) I@l Attachments 9.4 Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.5 Request authorization in amount not to exceed $500,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1,2007 to September 30,2008, and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 9.6 Approve a change to the City Council's Budget Policy "Central Insurance Reserve Policy" as recommended by staff. (consent) ~ Attachments 9.7 Approve FY 07/08 Blanket Purchase Orders for: Baker & Taylor - $262,500; Ingram Library Services - $155,000; and Ebsco Subscription Services - $100,000. (consent) ~ Attachments 9.8 Approve Department of Environmental (DEP) Agreement: LE644 for CV A 07-488 for Clean Vessel Act Grant Program funding to replace the existing pump out system at the Municipal Marina and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.9 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.10 Award a blanket purchase order contract to CBS Radio of St. Petersburg, Florida, in the amount of $300,000, for the purpose of reimbursing net proceeds, if any, from special events co-sponsored by CBS Radio and the City of Clearwater and authorize the appropriate officials to execute same. (consent) I@l Attachments 9.11 Approve a Council policy to allow 12 and 13 year olds to use City recreation center fitness areas under the direct supervision of a parent, guardian or designated responsible adult. (consent) I@l Attachments 9.12 Approve a five-year contract with IKON Financial Services for high-speed copier lease and maintenance for a monthly total of $2082.38 plus overages as allowed by contract in accordance with Miami-Dade County Public Schools Bid #128-FF11. (consent) ~ Attachments 9.13 Approve Work Order Amendment 3 in the amount of $84,902.97 to Wade-Trim, Inc., an Engineer of Record, for engineering design and construction administration services for the Druid Trial and Beach Connector Trail (Project number 04-0021-PR) and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.14 Award contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $2,025,994.50 for Pump Station 16 Relocation (02-0002-UT), which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.15 Approve a work order to McKim and Creed, P.A., in the amount of $893,925 for professional engineering services related to the Water Treatment Plants 1 and 3 Wellfield Expansion Project - Phase 2 - (07-0037- UT), and that the appropriate officials be authorized to execute same. (consent) ~ Attachments 9.16 Approve renewing an Interlocal Agreement for Planning Services with the Pinellas Planning Council from September 30,2007 to October 1,2010. (consent) ~ Attachments 9.17 Authorize instituting a civil action against Line Corp., to recover $5,861.70 for damage to City property. (consent) ~ Attachments 9.18 Authorize instituting a civil action against McGeehan Construction, Inc., to recover $5,102.26 for damage to City property. (consent) ~ Attachments 9.19 Authorize instituting a civil action against Metron Construction Company to recover $406.63 for damage to City property. (consent) ~ Attachments 9.20 Authorize instituting a civil action against R. 1. Kielty Plumbing, Inc., to recover $210.75 for damage to City property. (consent) ~ Attachments 9.21 Authorize instituting a civil action against Steve's Excavating and Paving, Inc., to recover $487.97 for damage to City property. (consent) ~ Attachments 9.22 Authorize instituting a civil action against Traffic Control Products of Florida, Inc. to recover $3,483.21 for damage to City property. (consent) ~ Attachments 9.23 Authorize instituting a civil action against Ultra Underground Contractors, Inc., to recover $1,577.74 for damage to City property. (consent) ~ Attachments 10. Other items on City Manager Reports 10.1 Amend the City's fiscal year 2006/07 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 7868-07 and 7869-07 on first reading. ~ Attachments 10.2 Approve the State of Florida Department of Transportation contract renewal for sweeping State roadways as outlined in the Maintenance Agreement, FIN project 42193917201 and adopt Resolution 07 - 22. ~ Attachments Miscellaneous Reports and Items 11. City Attorney Reports 11.1 Amend the Election Code to provide for the General Election in 2008 and every 4 years thereafter to be held in conjunction with the Presidential Preference Primary and pass Ordinance 7886-07 on first reading. ~ Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports ~ Attachments 13. Other Council Action 13.1 Other Council Action ~ Attachments 14. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Pinellas County Historic Preservation Task Force - Commissioner Karen Seel SUMMARY: Meeting Date:9/20/2007 Review Approval: 1) Clerk Cover Memo Item # 1 , . PRESERVING OUR PAST FOR OUR FUTURE HISTORIC PINELLAS COUNTl Presented by Historic Preservation Task Forc~ Chairman, Commissioner Karen S A Task Force of Pinellas County Gove Item # 1 ~ HISTORIC PRESERV A TJ, TASK FORCE (HPTFJ . Created in June 2005 . To Address Demolition/Developmer on Historically Significant Structure - Buildings I Facilities - Neighborhoods I Communities - Public Facilities of Significance - Bridges I Roads - Cemeteries - Archeological Sites Item # 1 '- HISTORIC PRESERV A T/I TASK FORCE (HPTF) . Comprised of 12 Members from the Cl . Advisory to Board of County Commis, . Municipalities . "Clearing House" of Information and I . Change process of development reviE . Create incentives I encourage preser' countywide Item # 1 INITIAL STRA TEGIES OF I . Define historically significant (broad definition) . What do we want to preserve? Result = Create Criteria Cleveland Street - 1895 Item # 1 INITIAL STRA TEGIES OF f . Update inventory of historical or arc~ sites utilizing the criteria - Outreach to municipalities - Understand those that have been Sl and those that have not - Result: Create database I clearing t inventory Item # 1 . Ordinance Summary . Establish a registry of historic resources . Develop preservation regulations and progra . Provide educational programs and technical . Research and promote financial and tax ince . Preserve historic resources owned by the Cc . Place policies in comprehensive plan . Modify project review procedure to avoid ne~ impact on historic resources . Update comprehensive plan, land developmE regulation and countywide plan . Evaluate a countywide ordinance to restrict t demolition of historic resources . The County commission to establish an ong4 program directed by a historic preservation c board Item # 1 PROCESS / ORDINANC DEVELOPMENT e Process Change - Development Review - Education I Outreach - Ordinance Development e Ordinance Development - Legal Development I Review - Outreach to Communities - Follow-Up and Review e BCC Implementation Item # 1 NEXT STEPS e Inventory Development - Mapping - Categorization . Process Development & CI - Education - Staff alteration in thinking . Ordinance Development Item # 1 QUESTIONS? Contact us at: www .pinellascounty .org/histc Item # 1 Attachment number 2 Page 1 of 1 ORDINANCE NO. REVISED DRAFT Final Version Per May 14, 2007 Meeting AN ORDINANCE ESTABLISHING A PINELLAS COUNTY COUNTYWIDE HISTORIC PRESERVATION PROGRAM WHEREAS, on June 28, 2005, by Resolution 05-135, the Board of County Commissioners established a task force to evaluate historic preservation in Pinellas County and make recommendations concerning a countywide historic preservation program, WHEREAS, the Historic Preservation Task Force included members from the diverse regions of Pinellas County with a variety of educational and professional backgrounds, representing municipalities, non-profit historic preservation organizations and historical societies, County staff and others, WHEREAS, the Historic Preservation Task Force conducted independent research on the status of historic preservation programs generally and within Pinellas County, WHEREAS, the Historic Preservation Task Force has met for two years_and has now developed recommendations that can be considered by the Board of County Commissioners, WHEREAS, the Historic Preservation Task Force has conducted three community workshops throughout Pinellas County to gain information and public input on the proposed Historic Preservation Program, WHEREAS, the task force has filed its report with the County Commission and encourages the County Commission to adopt an ordinance that would establish the Countywide Historic Preservation Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA, THAT A COUNTYWIDE HISTORIC PRESERVATION PROGRAM IS ESTABLISHED AS FOLLOWS: Section 1. Declaration of Historic Preservation as Public Policy. The Board of County Commissioners finds that Pinellas County and its municipalities have played an important part in the history of the State of Florida and the nation and that history is evidenced by the historic resources located throughout Pinellas County. Historic resources are defined to include historic buildings, structures and objects, historic districts and archaeological sites. The Board further finds that the preservation and protection of these historic resources ate a public necessity due to their character and Item # 1 Attachment number 2 Page 1 of 1 value as visible reminders of the shared history and heritage of these municipalities, Pinellas County, Florida and the nation. The Board finds that the preservation and protection of these historic resources contribute to the education, culture, economy and quality of life of the citizens of Pinellas County. The Board further finds that the County's historic resources are irreplaceable and therefore, this legacy must be protected for future generations. The Board finds that preservation of historic resources will assist in the creation of a higher quality of life for all citizens; therefore, the Board directs that historic preservation goals be integrated into all aspects of County policies and procedures and encourages decisions that support and further the goals of historic preservation. Section 2. Benefits of Historic Preservation. The Board of County Commissioners finds that there are many diverse and valuable benefits that arise from historic preservation including the following benefits: a. Historic resources are a tangible reminder of our past, of our ancestors and their way of life. The preservation of these historic resources educates us on our past, expresses the connections across generations and cultures and provides continuity of our shared history. b. Historic resources are valued as things of beauty as they evidence a variety of architectural styles, building methods and materials as well as expressing our cultural diversity and values. c. Through their architecture and aesthetic appeal, historic resources create a sense of place that is unique to each site, the surrounding community, the municipality and to Pinellas County. d. Historic preservation is a significant positive contributor to the economy of Pinellas County and Florida through heritage tourism, creation of jobs, private investment in historic sites and enhancement of the value of historic areas. In 2002, the total economic impact of historic preservation in Florida was $4.2 billion dollars annually and this impact is expected to continue. (Source: Economic Impacts of Historic Preservation in Florida by the Center for Governmental Responsibility at the University of Florida College of Law and the Center for Urban Policy Research at Rutgers, the State University of New Jersey, September, 2002.) Section 3. Establishment of Countywide Historic Preservation Program. The Board of County Commissioners hereby establishes the components of the Countywide Historic Preservation Program as follows: 1. Survey and Identification: The County shall establish and maintain a Register of Historic Resources (defined to include significant historic buildings, structures -2- Item # 1 Attachment number 2 Page 1 of 1 and objects, historic districts and archaeological sites) within the County and its municipalities. The Register of Historic Resources will be updated on a regular basis, readily available to the public through the County's website and shall be organized to allow for research on the major features of the site, such as building type, year built, style, location/jurisdiction, architect/builder and applicable County criteria. The criteria for listing historic resources on the County's Register shall be consistent with the standards established by the National Park Service for the National Register of Historic Places and with the criteria described on Exhibit A. The eight local criteria that reflect the themes of development and history in Pinellas County include: Coastal Living, Tourism, Agriculture, Transportation, Wars, Florida Boom, Community Life, Pre-History/Archaeology. 2. Preservation Programs: The County shall develop and promote preservation regulations and programs that support the historic preservation policies of this ordinance Programs that will be pursued include the identification of a model historic preservation plan element, model preservation ordinance, model design guidelines as well as outstanding examples of preservation documents and programs from other governments or preservation sources. This information will be readily available to the public through the County's website and in publication form. 3. Educational Outreach: The County shall provide educational programs and technical assistance to municipalities, historic property owners, architects and contractors, preservation commission and historic society members, developers, historic preservation professionals and other citizens interested in historic preservation. The educational programs may include but are not limited to a "how- to tool box" for preservation advocates describing preservation methods, workshops and conferences, technical assistance, preservation website, publications and presentations. 4. Financial Incentives: The County shall research, develop and promote financial and tax incentives at all levels of government that will encourage historic preservation. In addition to promoting and adopting the existing historic preservation incentives such as the local ad valorem tax incentive and the federal income tax credit, other financial and tax incentives for adoption by local governments and the State of Florida shall be pursued. The program shall also develop and promote creative local incentives and emergency funding for threatened historic/ archaeological sites. - 3 - Item # 1 Attachment number 2 Page 1 of 1 .' 5. The County shall demonstrate leadership through protecting and preserving the historic resources owned or leased by the County. 6. The County shall integrate the historic preservation public policy of this ordinance and all historic resources into its planning processes, including the Comprehensive Plan and all of its elements, neighborhood/sector plans and any other applicable plans that govern the future development in the County. When reviewing a land use plan amendment, rezoning application and/or site plan application, the County shall evaluate the impact of such request on any historic resources within or in the vicinity of the site and determine if there are alternatives that will not negatively affect the historic resources. 7. Within one year after adoption of this ordinance, the County shall evaluate its Comprehensive Plan, Land Development Regulations, policies and procedures to determine their level of consistency with the historic preservation public policy as adopted in this ordinance. As soon as is practicable after the evaluation is complete, the County shall amend its Comprehensive Plan, Land Development Regulations, policies and procedures to include goals, objectives, regulations, policies and procedures that implement this historic preservation public policy. The Board finds that a historic preservation protection ordinance is a critical component in the implementation of this Historic Preservation policy and directs the County staff to include such an ordinance in its implementation methods. The Board further recognizes that there are varying levels of significance among the historic resources on the Historic Register; therefore, the revised Comprehensive Plan and Land Development Regulations will reflect varying levels of protection for historic resources based on the differing levels of significance. Immediately after adoption ofthis ordinance and while the review of the County's Comprehensive Plan and ordinances are underway, the County shall develop a process to identify threatened historic resources and a method to place a hold on irreparable harm to the historic resource while alternatives to demolition are explored. 8. The Board of County Commissioners directs the County staff to also conduct an evaluation of the Countywide Plan and Rules and any other applicable planning documents to determine their level of consistency with the historic preservation public policy as adopted in this ordinance. The Board directs that this evaluation be conducted within one year after adoption of this ordinance. As soon as is practicable after the evaluation is complete, the County staff, in cooperation with the Pinellas Planning Council, shall propose amendments to the Countywide Plan and Rules that implement this historic preservation public policy. 9. The protection of historic resources of countywide, state or national significance is declared to be in the County's public interest. Therefore, within one year of adoption of this ordinance, the County shall research and evaluate an ordinance to - 4- Item # 1 Attachment number 2 Page 1 of 1 restrict the demolition of historic resources that have countywide, state and/or national significance as determined by a qualified historic preservation professional. 10. The County shall authorize the staff and financial resources required to implement and administer the historic preservation public policy of this ordinance. Section 4. Local Historic Preservation Program for Municipalities. The Board of County Commissioners encourages all municipalities within the County to embrace the importance of historic preservation public policy as adopted in this Ordinance and will assist and support the municipalities as they develop their local preservation program. The Board of County Commissioners strongly encourages each municipality to adopt a local historic preservation program with the following minimum components. a. Survey and identify historic resources (defined to include historic buildings, structures and objects, historic districts and archaeological sites) within its boundaries in accordance with the standards established by the National Park Service for the National Register of Historic Places. Historic resource surveys should be an ongoing systematic process with the goal to ultimately survey all historic areas within the municipality's boundaries. b. Protect the historic resources within its municipal boundaries through local regulations. The municipality is encouraged to develop its historic preservation program in compliance with the Certified Local Government program established by the National Park Service. c. Integrate the goals of historic preservation and all historic resources into its planning processes, including the Comprehensive Plan and all of its elements, neighborhood/sector plans and any other applicable plans that govern the future development in the municipality. When reviewing a land use plan amendment and/or rezoning application, the municipality will evaluate the impact of such request on any historic resources within or in the vicinity of the site and determine if there any alternatives that will not negatively affect the historic resources. d. Demonstrate leadership through protecting and preserving the historic resources owned or leased by the municipality. e. Develop and implement regulatory and financial incentives to encourage private property stewardship of historic resources. f. Municipalities who have adopted a local preservation program composed with these minimum components (Items a-e above) shall be given priority in technical assistance, educational opportunities, financial incentives and other preservation resources offered by the County. - 5 - Item # 1 Attachment number 2 Page 1 of 1 The following elements are optional components of a historic preservation program and the Board strongly encourages the municipalities to additionally incorporate these components into its local preservation program. I. The municipality is encouraged to develop diverse educational programs to inform historic property owners, citizens and the development community about the municipality's preservation program and the importance of historic preservation. 2. The municipality is encouraged to publish information about historic resources and make this information accessible to the public. 3. The municipality is encouraged to implement other preservation programs and projects that reflect its community character. Section 5. Implementation. The Board of County Commissioners shall appoint a Historic Preservation Advisory Board to implement the historic preservation policy of this ordinance. The Historic Preservation Advisory Board shall be composed of a minimum of seven (7) and a maximum of fifteen (15) individuals to include one member from the Board of County Commissioners, who shall serve as the Chairman of the Advisory Board for the initial term. The Historic Preservation Advisory Board shall be composed of community advocates; municipal representatives; and historic preservation professionals with expertise and/or knowledge in the historic preservation field and shall, to the extent possible, include representation from the following fields: archaeology, preservation architecture, history, architectural history, historical museum studies and preservation planning. The Historic Preservation Task Force as appointed in Resolution 05-135 shall serve as the Historic Preservation Advisory Board for an initial term to complete the initial education and information resources materials. The Historic Preservation Advisory Board shall direct the development of the Countywide Program and assist the municipalities in developing their local preservation program. The Board of County Commissioners directs the Advisory Board to meet on a regular basis and to annually report to the Board as to its accomplishments and additional recommendations for the future. Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. - 6 - Item # 1 Attachment number 2 Page 1 of 1 EXHIBIT A PINELLAS COUNTY REGISTER OF HISTORIC RESOURCES REGISTER LISTING CRITERIA Buildings, sites, structures, objects and districts within Pinellas County are considered historically significant resources if they possess and exhibit significance in American history, architecture, archaeology, engineering and lor culture. Historically significant buildings, sites, structures, objects and districts shall be included on the Pinellas County Register of Historic Resources when they meet the following general and local criteria. A. GENERAL CRITERIA I. The historic resource is at least 50 years of age. A building, site, structure, object or district may be included on the Register of Historic Resources if it is less than 50 years of age and meets the criteria of the National Register of Historic Places regarding age showing exceptional importance to the nation, State of Florida or Pinellas County, and 2. The building, site, structure, object or district meets one or more of the following criteria: a. The building, site, structure, object or district is the location of a significant local, state or national event, and/or b. The building, site, structure, object or district is associated with the life of a significant person(s), and/or c. The building, site, structure, object or district embodies the distinctive characteristics of an architectural style, historical period, method of construction or is the work of a master builder, designer or architect whose individual work has influenced the development of the nation, State of Florida or Pinellas County, and/or d. The site has yielded or is likely to yield information important to the prehistory or history of the nation, the State of Florida or Pinellas County. - 7 - Item # 1 Attachment number 2 Page 1 of 1 B. LOCAL CRITERIA Pinellas County further identifies the following major themes in the development of this County and recognizes that buildings, sites or districts that reflect one or more of these themes are considered historically significant resources. I. Coastal Livin2:-Pinellas County's location on the Gulf of Mexico, Tampa Bay and the Intercoastal Waterway are reflected in historic sites and buildings used by the County's water-dependent industries such as fishing, shipping and spongmg. 2. Tourism-Drawn by the beautiful beaches and weather, tourists have been attracted to Pinellas County since the late 1880s. Neighborhoods, hotels, beach lodgings and resorts developed to house the tourists while attractions were established to entertain them. Historic resources related to tourism include neighborhoods, historic hotels, resorts and motor courts, baseball spring training facilities, roadside attractions, gardens and other entertainment sites. 3. A2:riculture-As the first industry in Pinellas County, agricultural historic resources are reflected in many areas ofthe County in farm/grove sites, warehouses, packing plants, support businesses, ditches/canals and other historic landscape features. 4. Transportation-The diverse modes of transportation (boat, railroad, car, airplane) greatly influenced the patterns of growth in Pinellas County at various periods in time. Historic resources related to transportation include piers and boat docks, train depots, bridges, airports, and historic/scenic roads and trails or sections of roads. 5. Wars-The effect of American wars is generally evidenced indirectly in Pinellas County, i.e., forts and other defense mechanisms instead of battlefields. Historic resources related to wars include Fort De Soto, military training facilities, airfields, and the Cold War defense industry buildings. 6. Florida Boom Era-Florida's real estate boom in the 1920s was experienced in Pinellas County as evidenced by the explosion of construction especially in housing and tourist hotels. Historic resources of the Boom Era include neighborhoods, tourist hotels, resorts and commercial buildings. - 8 - Item # 1 Attachment number 2 Page 1 of 1 B. LOCAL CRITERIA. cont'd. 7. Community Life-Pinellas County was settled by and continues to attract diverse ethnic communities from different parts of the nation and world. These residents bring with them their social and cultural lifestyles which are exhibited in historic resources such as schools, religious sites, hospitals, post offices or other government buildings, meeting places, entertainment sites (e.g., theatres) parks, recreation sites and cemeteries. 8. Pre-Historv/Archaeolo2:V- Prior to settlement by Europeans, Pinellas County was occupied for more than ten thousand years by a succession of aboriginal cultures. From the Paleo indian to the Safety Harbor periods, the prehistory and early history of Pinellas County is reflected in a variety of archaeological site types. These include aboriginal mounds, middens, cemeteries, quarries, camps and villages, ceremonial sites, as well as historic period fishing ranchos, forts, homesteads, trails, domestic and industrial refuse sites, work camps and shipwrecks. -9- Item # 1 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Hispanic Heritage Month - Maria Nieves Edmonds, Hispanic Leadership Council; Sandra Lythe, YWCA Hispanic Services Director; Robin Gomez, City of Clearwater. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 2 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: The Big Read - National Endowment for the Arts. Presentors: Margo Walbolt, Clearwater Cultural Affairs Manager; Mary Brown, Executive Director - Pinellas Public Library Cooperative. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the September 6, 2007 City Council Meeting as submitted in written summation by the City Clerk SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 4 Attachment number 1 Page 1 of 15 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 6, 2007 Unapproved Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Also present: William B. Horne II Joe Roseto Rod Irwin Pamela K. Akin Cynthia E. Goudeau Brenda Moses Mayor Vice-Mayor Councilmember Councilmember Councilmemb City Mana Interim As Assistant CI City Attorney City Clerk Board Rep The Mayor called the meeting to order at 6:00 was offered by Rabbi Arthur Baseman from Temp Pledge of Allegiance. To provide continuity for researc necessarily discussed in that order. 4. Presentations to the City for munity Park. h School Students - Na ano 2007. and National ation: Sickle Cell Awareness Month - Se tember 2007. 4.6 Proclamation: Water Reuse Week - September 9 to 12, 2007. 4.7 Proclamation: United Way Month - September 2007. Item # 4 Attachment number 1 Page 2 of 15 5. Approval of Minutes 5.1 Approve the minutes of the Auqust 14, 2007 City Council Meetinq, the Januarv 16, Julv 25, and Auqust 13, 2007 City Council Special Meetinqs as submitted in written summation bv the City Clerk. Councilmember Petersen moved to approve the regular minutes of th 14, 2007 City Council Meeting, and the January 16, July 25, and Augu t 13, Council Special Meetings as submitted in written summation by th Cle motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda John Wiser encouraged bicycle-riding and expressed con stops by a police officer regarding insufficient lighting; reported M Committee needs a member. Mayor Hibbard said that the appointment will b Reverend Flovd Irwin expressed concer: Eva Kunowska expressed concern r Clearwater Beach Visitor Center. il adopted Ordinance 6137-97. The ordinance aring prior to the adoption of the capital nny for Pinellas tax, and at any time in for Pinellas funding of $500,000 or more. Penny for nellas projects as approved by the City e new list for Recommended Project Funding as included rovement plan through the final year of Penny receipts in re no significant changes proposed. The projects remaining e current Penny for Pinellas tax include: Druid Road 00, Morningside Recreation Center - $2,600,000, Recreation ong Center Infrastructure Improvements - $1,050,000. member Cretekos moved to approve the recommended Penny for Pinella ject list, as revised, for Fiscal Years 2007/08 through 2009/10. The motion was duly seconded and carried unanimously. 7.2 Set a final millaqe rate of 4.6777 mills for fiscal year 2007/08 levied aqainst nonexempt real personal property within the City and pass ordinance 7865-07 on first readinq. Item # 4 Attachment number 1 Page 3 of 15 Budget Director Tina Wilson provided a PowerPoint presentation regarding the proposed budget. In accordance with Chapter 200 of the Florida Statutes, which defines the requirements for "Determination of Millage" and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final millage rate for the new fiscal year. The adoption of this ordinance to establish the millage rate and the two related budget ordinances are an integral part of fulfilling these requirements. The City Council set a proposed millage rate of 4.6777 mill which is the rate that appeared on the TRIM bill notices mailed t The millage rate of 4.6777 mills represents a 10.2% decrease f rate of 5.2088 mills, and a 7.0% millage decrease from the roll mills. The millage rate of 4.6777 mills represents the "maximu 1 B, the Property Tax Reduction and Reform Law, adopted by the signed into law earlier this summer, which amended the method Q millage rate for local governments. The proposed budget and millage rate were dis meetings and workshops earlier this summer. In citizen input was held on August 13, 2007. Ordinance 7865-07 is now presente mills to support the operating and ca ital b Three persons spoke i changes to the state tax s ted as residents, elief from the and the Governor. to approve setting a final millage rate of 4.6777 onexempt real personal property within the rried unanimously. s presente or first reading and read in full. to pass Ordinance 7865-07 on first reading. The motion roll call, the vote was: rsen, Cretekos, Gibson, and Hibbard. In accordance with Chapter 200 of the Florida Statutes and the rules governing Truth in Millage (TRIM) Compliance, the City Council must hold two public hearings to adopt a final budget. The adoption of this ordinance and the related ordinances adopting the 2007/08 millage rate and Capital Improvement Budget are an integral part of fulfilling these requirements. Item # 4 Attachment number 1 Page 4 of 15 On June 29, 2007, the City Manager presented to the City Council a detailed preliminary Annual Operating Budget that outlined estimated revenues and proposed expenditures for the 2007/08 fiscal year. The budget was discussed at several City Council meetings earlier this summer and the City Council made changes to the proposed budget at the July 19th and July 25th meetings. Ordinance 7866-07 is now presented in order to adopt the operating budget for fiscal year 2007/08 and authorize the City Manager to issue instructions to achieve and accomplish authorized rvices. In response to questions, the Mayor said the Florida Leagu Clearwater is the only city to complain regarding increased due Council send the League a letter opposing the increase and to same amount of dues as last year. Councilmember Cretekos moved to approve the City of C Operating budget for the 2007/08 fiscal year. The motion was d carried unanimously. Ordinance 7866-07 was presented for first rea Councilmember Gibson moved to pass Ordinance was duly seconded and upon roll call, the vote "Ayes"; Doran, Petersen, Cretekos, "Nays"; None. the rules governing City Council m a two public hearings to ordinance and the related ordinances ating Budget are an integral part of fulfilling City Mana r presented to the City Council a detailed provement Budget that outlines estimated revenues and 2007/08 fiscal year, as well as a six year plan for the he budget was discussed at several City Council meetings City Council made changes to the proposed budget at the eetings. Ordinance #7867-07 is now presented in order to ovement budget for the fiscal year 2007-08 and authorize the City nstructions to achieve and accomplish authorized services. ncilmember Petersen moved to adopt the Fiscal Year 2007/08 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program. The motion was duly seconded and carried unanimously. Ordinance 7867-07 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 7867-07 on first reading. The motion was duly seconded and upon roll call, the vote was: Item # 4 Attachment number 1 Page 5 of 15 "Ayes"; Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays"; None. The existing properties total 9.77 acres (hotel site 7.36 acr Tourist District; 3.67 acres zoned Open Space/Recreation Distri acres) and is located on the west side of Mandalay Avenue betw Ambler Streets. On July 17, 2007, the Community Deve conditions a Flexible Development applicatio to the Clearwater Beach Recreation Center Sandpearl Resort project (39 wet sliRS and public usage and 27 slips will be to with a deviation to allow the do ie p s to e the waterway and a reduc . uired parking fr located at 69 Bay Espla 2007 -02003). te obligations. The from private ent provides a ar term for the lease, with al terms of five years each and includes the of the Development Agreement, due to e submerge and where the boat docks are proposed. greement assumed State ownership of the submerged ubmerged land lease from the State of Florida. Both the ment and the proposed amendment provides for: to pursue, at the developer's expense, permits to construct the nt between the City and the developer to permit the developer to docks, at the developer's sole expense, and lease a revised number m the City, with the remaining revised number of slips (15) to be utilized by the The slips to be leased to the developer are a maximum 67% of the total number of slips; 3) The developer to pay all maintenance and repair costs; 4) The use of the boat slips leased by the developer be limited to owners, tenants and guests of the Sandpearl project; 5) The developer to provide a shuttle service from Sandpearl to the boat docks; and 6) The assignment of leases for the boat slips to project owners. The amended Development Agreement includes the following: Item # 4 Attachment number 1 Page 6 of 15 1) The use of the boat slips leased by the developer be expanded to include Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, on the north by Rockaway Street and on the south by Papaya Street; and 2) The assignment of leases for the boat slips to also include Beach Club members and other owners and tenants that own or lease residences within the geographical area bordered on the west by the Gulf of Mexico, on the east by Clearwater Bay, 0 the north by Rockaway Street and on the south by Papaya Street. Replaces Exhibit N (boat docking facilities site plan), ba submitted under FLD2007-02003, which reduces the total num slips and reduces the actual percentage of slips leased to San slips). Replaces Exhibit N-1, which provides for the lease agree including the following (many provisions are the same or are si adopted Development Agreement and the proposed amended De elop Agreement): a five lease permittl period. 1) The scope of the project with the nu hours of operation of the City controlled slips a fireboat or other boats operated by the Ci purposes; 4) The ability to install gates or 0 utilize only low profile pilings an pole the disallowance of any boat Iif oot arger of slips allowing boat lifts an 13 or 50 p and the disallowance of f any vessels; oth devel trolled and City and pa maintenance y owne nts and guest d other and tenants th or lease residences within ered 0 st by the Gulf of Mexico, on the east by h by Ro Street and on the south by Papaya Street; 9) ice fro earl to the boat slips; 10) The assignment espond to s at the boat docks on a 24 houri 7 day require on-s security; 11) The developer to prepare and its and to bear all costs to prepare such applications and or charges; 12) sets out the annual rental to the City of the Provides for the City share of common expenses and sets City's share of the common expenses; 14) Provides for ruction within one year of receiving all permits; 15) Provides for e lease, with the City's option for five successive renewal terms of d 16) Provides for City ownership of the docks at the end of the all wal options, or the ability for the City to pay a cost for the design, nd construction of the docks for City use for all slips at any lease renewal The Community Development Board (CDB) reviewed this Development Agreement at its public hearing on July 17, 2007, and unanimously recommended approval. The Development Agreement has been amended since the CDB meeting to reflect a need to define "low profile pilings andlor tie poles," which was discussed by the CDB. Item # 4 Attachment number 1 Page 7 of 15 Marine & Aviation Director Bill Morris said the Marine Advisory Board reviewed the proposal four times. In January 2005, the board opposed the terms of the agreement, not the concept. Over subsequent meetings the Board favored the docks but felt the City should receive half of the slips and obtain full ownership more quickly. Ed Armstrong, representative, said Council approved the lease and c for 54 slips in December 2006. The project was downsized to 42 slips fter i Belle Harbour residents. The CDB then unanimously voted to apR e submerged land does not have an OSR (Open Space Recreatio atio not require a referendum. Three individuals expressed concern with the proposed development agreement. One person spoke in support of the project. Mr. Armstrong stated the City can establish sec operation, etc. for the public docks. The applicant' build the boat slips and provide an amenity to t public meetings, meetings were held also wit ewas tarily he said . Mr. said the public Michael Delk said tion of commercial hat the City has an obligation to Belle Harbour cement of the public docks. Concern was in the best interest of the entire City not a kos moved to approve an amendment to an adopted een The Sandpearl Resort, LLC (formerly known as CBR e Residences at Sand pearl Resort, LLC (formerly known as and the City of Clearwater (previously DV A2004-00005 cil on January 20, 2005) relating to the provision of a 42-slip nction with the Sand pearl Resort project (39 wet slips and three day slips will be for public usage and 27 slips will be leased to the esort) in the submerged lands adjacent to the Clearwater Beach Recreation Center ( Bay Esplanade). The motion was duly seconded. Councilmembers Doran, Petersen, Cretekos, and Mayor Hibbard voted "Aye"; Councilmember Gibson voted "Nay". Motion carried. Resolution 07-17 was presented and read by title only. Councilmember Petersen moved to pass and adopt Resolution 07-17 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: Item # 4 Attachment number 1 Page 8 of 15 "Ayes": Doran, Petersen, Cretekos, and Hibbard. "Nays": Gibson. Motion carried. In response to a question, Ms. Akin said the City is in control of the rul pertaining to the public docks and hours of operation. Staff will bring f rwar ordinance at the next meeting. It was suggested the Belle Harbour Homeowners' Asso recommendations regarding regulations of the public docks. 7.6 Chapter 163 of the Florida State Statutes, a Administrative Code provide that the local gover shall adopt written procedures to provide for a planning process, including consideration of and Evaluation and Appraisal Reports. The Planning Departme amendments to the Compre e public participation as p planning and are s. ard reviewed this proposed resolution at its 07 and supported the proposed process. ve establishing written procedures to blic partici in the planning process, including to the Comprehensive Plan and Evaluation and Appraisal Iy seconded and carried unanimously. s presented and read by title only. Council member Cretekos esolution 07-14 and authorize the appropriate officials to tion was duly seconded and upon roll call, the vote was: oran, Petersen, Cretekos, Gibson, and Hibbard. None. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7800-07 on second readinq, relatinq to wellhead protection, amendinq Chapter 24, Public Health, Article III, Wellhead Protection, addinq new section 24.64, Permit Requirements, and renumberinq sections. Item # 4 Attachment number 1 Page 9 of 15 Ordinance 7800-07 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7800-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes"; Doran, Petersen, Cretekos, and Gibson. "Nays"; None. Absent: Hibbard. Ordinance 7846-07 was presented for second reading an Councilmember Petersen moved to pass and adopt Ordinance final reading. The motion was duly seconded and upon roll call, t "Ayes"; Doran, Petersen, Cretekos, and G' "Nays"; None. Absent: Hibbard. read by title only. s and adopt Or e 7847-07 on second and ded and upon roll call, the vote was: mance 7848-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7848-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes"; Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays"; None. Item # 4 Attachment number 1 Page 10 of 15 8.5 Adopt Ordinance 7849-07 on second readinq, annexinq certain real property whose post office address is 2186 Drew Street into the corporate limits of the city and redefininq the boundary lines of the city to include said addition. Ordinance 7849-07 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7849-07 on second and final reading. The motion was duly seconded and upon roll call, the vote was' "Ayes"; Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays"; None. Ordinance 7850-07 was presented for second r Councilmember Doran moved to pass and adopt final reading. The motion was duly seconded "Ayes"; Doran, Petersen, Cretekos, "Nays"; None. read by title only. and adopt Ordin 849-07 on second and ded and upon roll call, the vote was: Approved as submitted, less Item 9.1 and 9.14. This item was pulled from the Consent Agenda for discussion. The formal agreement between the City of Clearwater and Pinellas County is to reflect the time frame and distribution percentages for the Infrastructure Sales Tax Renewal. Item # 4 Attachment number 1 Page 11 of 15 The City Council reviewed the distribution percentages and approved the Penny for Pinellas list of City projects on July 20, 2006, and amended on October 19, 2006. This final approved list has been provided to Pinellas County. The revenue distribution percentages have not changed since reviewed with the Council last year prior to voter approval. The extension of the Infrastructure Sales Surtax for the additional ten-year period was approved by the registered voters of Pinellas County on March 13, 2007. Jail and criminal justice related facilities were given a priority for funding and 'II receive $225 million over the ten-year period as outlined in the agreement. CI arwa ill receive 7.9761 % of the net proceeds remaining after those funds uc The Mayor reported that the Mayors' Council discussed meeting. Cities want to discuss tweaking the distribution formu will receive more, with the County. The Mayor requested to tab meet with the County. Councilmember Petersen moved to table Item 9.1. seconded and carried unanimously. of Joshua Monti for te same. (consent) 9.8 Award a contract to Purvis Curbs of Larqo, Florida and Grosz & Stamper Corporation of Tampa, Florida (Bid #35-07) for $200,000 each (for a total of $400,000) for materials and labor to install various concrete proiects throuqhout the year and authorize the appropriate officials to execute same. (consent) Item # 4 Attachment number 1 Page 12 of 15 9.9 Approve establishinq a new Capital Improvements Proiect (CIP 315-93265) entitled Clearwater Beach Library/Recreation Center Renovations. for a total budqet of $490,000 and approve the transfer of $390,000 of unappropriated retained earninqs of the qeneral fund at third quarter. (consent) hereby residents that have lost loved ones in ian accidents can memorialize the loved days in residential areas and one year in Is will be de gned, installed, and maintained by . The cost to the applicant will be $300. Requests for idential areas must include written permission from of the utting the right-of-way where the memorial is to be placed. t in most details with the Pinellas County policy and FOOT spoke regarding the policy, suggesting various changes. sponse to questions, Traffic Operations Manager Paul Bertels said the policy covers only City-owned rights-of-way. Engineering Director Mike Quillen said Council had suggested the 60-day timeframe at various discussions. He said the City does not intend to search for and remove existing memorials unless complaints are received. He said the $300 charge was established to cover City expenses but can be changed per Council direction. Item # 4 Attachment number 1 Page 13 of 15 Discussion ensued with a suggestion that the 60-day timeframe be extended to a year with no renewal. Councilmember Petersen moved to amend the proposed City Council policy to allow memorial markers on roadways for one year with no renewal and to approve the amended policy. The motion was duly seconded and carried unanimously. 9.16 ove Consent Agenda Items 9.2 - 9.13, and nd carried unanimously. s Revenue Bonds, Series 1998 maturing after September 1, 2007 are eligible redemption on or after September 1, 2007 in whole at anytime or in part on any interest payment date (March 1 and Sept 1) subsequent to September 1, 2007. Resolution 07-15, previously adopted by the Council, authorized issuance of Gas System Refunding Bonds, Series 2007 to refund the Gas Revenue Bonds, Series 1998. Current market interest rates have not yet reached a point where the net present value savings is sufficient to warrant refunding. Refunding potential will continue to be evaluated should interest rates drop. Item # 4 Attachment number 1 Page 14 of 15 In the meantime, the Gas System has reviewed it's future cash needs and has determined that it has excess cash available in capital projects funds due to the slowdown in the housing construction market. In order to redeem a portion of these 1998 Bonds (maturing in 2019 - 2023), a transfer of funds from the CI P fund in the amount of $4,165,000 to the Gas operating fund 423 is required. Funds will come from project 315-96365 (line relocation maintenance Pinellas) in the amount of $665,000; project 315-96377 (new mains and services in Pinellas) in the amount of $50 00, and project 315-96378 (new mains and services in Pasco) in the amount of $3,0 O. These projects will not be adversely affected due to the current slo in g construction. These funds will subsequently be transferred to th rvic the time the bonds are redeemed. A first quarter budget amendment will be processed to tr the CIP Fund to the Gas Fund and then to the Debt Service Fun the 1998 Bonds. illion of a of the 2007 98 cash nd if the refunding pprove authorizing the Gas System Revenue ated as Qualified Tax Exempt Obligations, tanding Gas Revenue Bonds, Series 1998 duly seconded and carried unanimously. presented and read by title only. Council member Doran olution 07-23 and authorize the appropriate officials to as duly seconded and upon roll call, the vote was: etersen, Gibson, and Hibbard. Cretekos. Miscellaneous Reports and Items 11. City Manager Verbal Reports - None. 12. Council Discussion Items Item # 4 Attachment number 1 Page 15 of 15 12.1 Provide direction re schedulina items for Council discussion. Clearwater Marine Aquarium $250,000 Grant Request - Gibson CMA (Clearwater Marine Aquarium) Board Chairman Nathan Hightower said CMA has been a strong corporate citizen, attracting tourists and dedicating efforts to research and education. He reviewed expansion and fundraising plans. T 's is a one-time funding request. Discussion ensued. It was noted that Penny for Pinellas for renovations to the aquarium, as it is not a publicly owned fa It was requested that detailed information regarding ren efforts be provided before further discussion at a future work ses 13. Other Council Action Councilmembers reported on events in which t reviewed upcoming events; welcomed new Churc Academy starting; invited all to Willa Carson H 11 memorial concert at Peace Memorial Chu Doran thanked County Commission Petersen applauded th Street; GotGov applicatio 0 respectful to all as it rep nsportation Authority had its first meeting lopment of Master Plan; expressed ation on MPO when his term as Chair ends. Mayor City of Clearwater Attest: City Clerk Item # 4 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Set the FY 2007/08 Millage Rate, approve the FY 2007/08 Operating and Capital Improvement Budgets and adopt Ordinances 7865-07,7866-07 and 7867-07 on second reading. SUMMARY: Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 1 MILLAGE ORDINANCE ORDINANCE NO. 7865-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, DECLARING THE MILLAGE RATE TO BE LEVIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, FOR OPERATING PURPOSES INCLUDING THE FUNDING OF PENSIONS, DEBT SERVICE, AND ROAD MAINTENANCE FOR CAPITAL IMPROVEMENT EXPENDITURES AT 4.6777 MILLS; PROVIDING AN EFFECTIVE DATE. THE LEVY OF 4.6777 MILLS CONSTITUTES A 7.0% DECREASE FROM THE ROLLED BACK RATE OF 5.0298 MILLS. WHEREAS, the estimated revenue to be received by the City for the fiscal year beginning October 1,2007, and ending September 30,2008, from ad valorem taxes is $50,094,660; and WHEREAS, based upon the taxable value provided by the Pinellas County Property Appraiser, 4.6777 mills are necessary to generate $50,094,660; 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 4.6777 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, 2007. Section 2. The levy of 4.6777 mills constitutes a 7.0% decrease from the rolled back rate. Section 3. This ordinance shall take effect October 1, 2007. 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 Ord inanc8ltffin7j6s-07 Attachment number 2 Page 1 of 2 OPERATING BUDGET ORDINANCE ORDINANCE NO. 7866-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING AN OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; 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 carry on the City government for the fiscal year beginning October 1, 2007, and ending September 30,2008; 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 6,2007, 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, 2007, and ending September 30, 2008, 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.Itm66!575 Attachment number 2 Page 2 of 2 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, 2007. 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.Itm66!575 Attachment number 3 Page 1 of 2 CAPITAL IMPROVEMENT ORDINANCE ORDINANCE NO 7867-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ADOPTING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; 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 carry on said Capital Improvement Program for the fiscal year beginning October 1,2007, and ending September 30,2008; 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 6,2007; 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, 2007, and ending September 30, 2008, a Ordinance NO.ll~iP5 Attachment number 3 Page 2 of 2 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, 2007. 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.ll~iP5 Attachment number 4 Page 1 of 2 EXHIBIT A CITY OF CLEARWATER 2007-08 BUDGETED REVENUE Actual Budgeted Budgeted Revenues Revenues Revenues 2005/06 2006/07 2007/08 GENERAL FUND: Property Taxes 45,191,320 50,277,930 47,273,940 Franchise Fees 9,434,717 9,050,840 9,833,640 Utility Taxes 11,263,964 11,514,320 11,928,390 Licenses, Permits & Fees 5,292,886 4,046,110 4,492,580 Sales Tax 6,450,358 6,748,430 6,564,320 Communications Services Tax 6,853,764 6,549,460 7,045,750 Intergovernmental 11,206,957 11,374,130 11,809,270 Charges for Services 12,741,017 3,784,020 3,763,800 Fines & Forfeitures 1,000,420 836,000 955,000 Interest Income 1 ,281 ,453 719,000 1,263,950 Miscellaneous 1,163,373 1,208,880 1,053,710 Interfund ChargeslTransfers In 6,539,987 15,793,580 17,193,280 TOTAL GENERAL FUND 118,420,216 121,902,700 123,177 ,630 SPECIAL REVENUE FUNDS: Special Development Fund 18,986,744 15,922,920 18,166,980 Special Program Fund 9,050,665 2,172,830 2,132,910 Local Housing Assistance Trust Fund 1,072,935 1 ,241 ,270 1,195,250 ENTERPRISE FUNDS: Water & Sewer Fund 54,302,337 54,340,550 59,930,170 Stormwater Utility Fund 11,588,673 12,551,970 14,436,690 Solid Waste Fund 17,515,874 18,4 75,210 18,153,900 Gas Fund 43,772,050 50,206,760 50,656,650 Recycling Fund 2,942,646 2,685,700 2,834,930 Marine & Aviation Fund 6,714,965 3,945,720 4,823,730 Parking Fund 5,533,187 4,891,660 4,102,130 Harborview Center Fund 680,067 706,040 704,360 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,870,092 9,703,270 10,200,730 General Services Fund 4,108,990 4,202,510 5,236,710 Garage Fund 12,649,076 12,339,640 13,293,770 Central Insurance Fund 19,269,532 22,388,660 21,306,060 TOTAL ALL FUNDS 335,478,049 337,677,410 350,352,600 Ordinartt~rIt'I7r,69-07 Attachment number 4 Page 2 of 2 EXHIBIT A (Continued) CITY OF CLEARWATER 2007-08 BUDGETED EXPENDITURES Actual Budgeted Budgeted Expenditures Expenditures Expenditures 2005/06 2006/07 2007/08 GENERAL FUND: City Council 271,424 288,860 295,920 City Manager's Office 1,157,423 1,269,520 1,268,700 City Attorney's Office 1,484,905 1,616,370 1,676,820 City Audit 147,552 156,500 162,870 Development & Neighborhood Services 3,909,941 4,136,700 4,295,940 Economic Development & Housing 1,298,609 1 ,457,130 1,436,710 Engineering 6,720,589 6,810,110 7,028,070 Equity Services 319,048 343,110 338,200 Finance 2,061,761 2,200,540 2,265,190 Fire 20,286,265 22,734,580 21,423,410 Human Resources 1,241,987 1,333,630 1,231,480 Library 6,052,314 6,611,820 6,433,700 Marine & Aviation 513,753 731,890 1,221,490 Non-Departmental 5,686,472 6,506,570 6,394,690 Office of Management & Budget 304,649 333,310 305,160 Official Records & Legislative Services 1 ,111 ,448 1,359,070 1,255,700 Parks & Recreation 20,441,796 22,273,410 21,888,050 Planning 1,256,677 1,445,380 1,414,750 Police 33,103,685 35,630,590 36,970,730 Public Communications 913,730 1,055,510 1,098,590 Public Services 3,473,044 3,608,100 3,684,770 Allocation to Reserves 1,086,690 TOTAL GENERAL FUND 111,757,072 121,902,700 123,177 ,630 SPECIAL REVENUE FUNDS: Special Development Fund 17,935,844 15,206,700 15,933,750 Special Program Fund 6,101,316 2,022,830 1,832,910 Local Housing Assistance Trust Fund 279,644 1 ,241 ,270 1,195,250 ENTERPRISE FUNDS: Water & Sewer Fund 54,4 78,498 53,874,170 59,930,170 Stormwater Utility Fund 8,225,169 12,124,450 14,436,690 Solid Waste Fund 17,031,533 18,4 75,210 18,068,320 Gas Fund 36,736,797 48,613,190 45,896,470 Recycling Fund 2,522,441 2,677,450 2,834,930 Marine & Aviation Fund 4,742,164 3,708,200 4,774,180 Parking Fund 4,329,617 4,113,090 3,804,260 Harborview Center Fund 626,737 706,040 704,360 INTERNAL SERVICE FUNDS: Administrative Services Fund 8,113,553 9,703,270 10,197,640 General Services Fund 4,254,067 4,202,510 5,235,590 Garage Fund 11,796,924 12,305,160 13,293,770 Central Insurance Fund 19,246,893 22,388,660 19,986,040 TOTAL ALL FUNDS 308,178,269 333,264,900 341,301,960 Ordinartt~rIt'I7r,69-07 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 GENERAL SOURCES: General Operating Revenue General Revenue/County Coop Road Millage Penny for Pinellas Transportation Impact Fee Local Option Gas Tax Recreation Land Impact Fee Open Space Impact Fee Special Program Fund Grants - Other Agencies SELF SUPPORTING FUNDS: Marine/Aviation Revenue Parking Revenue Harborview Revenue Utility System: Water Revenue Sewer Revenue Water Impact Fees Sewer Impact Fees Utility R & R Stormwater Utility Revenue Gas Revenue INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue BORROWING - GENERAL SOURCES: Lease Purchase - General Fund Lease Purchase-Special Events Revenue BORROWING - SELF SUPPORTING FUNDS: Lease Purchase - Water Lease Purchase - Solid Waste Lease Purchase - Recycling Bond Issue - Water & Sewer Bond Issue - Stormwater BORROWING - INTERNAL SERVICE FUNDS: Lease Purchase - Garage Lease Purchase - Administrative Services TOTAL ALL FUNDING SOURCES: Budgeted Revenues 2007/08 2,072,330 706,290 2,820,720 3,350,000 290,000 1,100,000 750,000 750,000 30,000 4,700,000 50,000 303,000 118,910 1,978,500 15,800 250,000 1,044,600 2,706,060 2,609,570 5,945,000 179,000 500,000 383,000 34,000 73,780 160,000 140,000 17,303,000 2,907,730 2,758,500 339,000 $56,368,790 Attachment number 5 Page 1 of 2 Item # 5 Ordinance #7867-07 Exhibit A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 Attachment number 5 Page 2 of 2 Function 2007/08 Police Protection Fire Protection New Street Construction Major Street Maintenance Intersections Parking Misc Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 250,000 451,000 3,775,720 435,000 300,000 35,000 10,155,410 160,000 10,000 706,290 2,840,500 998,000 909,000 5,511,300 6,168,830 160,000 44,000 12,347,280 10,971,460 140,000 56,368,790 Item # 5 Ordinance #7867-07 Attachment number 6 Page 1 of 1 CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY BY FUNCTION FY 2007-2008 THROUGH FY 2012-2013 CAPITAL IMPROVEMENT FUND CITY OF CLEARWATER Schedule of Planned Expenditures Function 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Total Police Protection 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000 Fire Protection 451,000 433,000 1,168,000 1,303,000 894,000 2,151,000 6,400,000 New Street Construction 1,250,000 1,250,000 Major Street Maintenance 3,775,720 4,260,340 4,547,500 4,487,280 4,579,750 4,724,990 26,375,580 Intersections 435,000 435,000 435,000 435,000 435,000 435,000 2,610,000 Parking 300,000 300,000 350,000 350,000 250,000 300,000 1,850,000 Misc Engineering 35,000 35,000 35,000 35,000 35,000 35,000 210,000 Park Development 10,155,410 2,242,500 8,932,500 932,500 1,000,000 1,015,000 24,277,910 Marine Facilities 160,000 265,000 265,000 260,000 260,000 260,000 1,470,000 Airpark Facilities 10,000 10,000 10,000 10,000 10,000 10,000 60,000 Libraries 706,290 724,480 743,210 762,500 782,380 805,850 4,524,710 Garage 2,840,500 2,854,180 2,938,310 3,024,960 3,114,210 3,206,140 17,978,300 Maintenance of Buildings 998,000 658,300 1,317,930 618,000 535,000 540,000 4,667,230 Miscellaneous 909,000 1,000,000 595,000 595,000 595,000 570,000 4,264,000 Stormwater Utility 5,511 ,300 4,830,290 8,113,910 10,028,280 10,614,010 7,701,940 46,799,730 Gas System 6,168,830 6,135,000 5,945,000 6,245,000 6,145,000 6,445,000 37,083,830 Solid Waste 160,000 510,000 670,000 595,000 605,000 713,000 3,253,000 Utilities Miscellaneous 44,000 26,000 26,000 44,000 26,000 26,000 192,000 Sewer System 12,347,280 8,230,420 7,812,330 9,843,380 20,503,050 17,057,120 75,793,580 Water System 10,971,460 14,301,320 12,378,890 10,183,530 15,688,300 21,928,010 85,451,510 Recycling 140,000 160,000 220,000 290,000 290,000 386,000 1,486,000 56,368,790 48,910,830 56,753,580 50,292,430 66,611,700 68,560,050 347,497,380 Itemn#~7-07 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District consisting of a portion of 2949 Sunset Point Road (consisting of a portion of metes and bounds 14/154 in section 5, Township 29 South, Range 16 East); and Pass Ordinances 7856-07, 7857-07, and 7858-07 on first reading. (ANX2007 -07016) SUMMARY: This voluntary annexation petition involves a 0.16-acre property consisting of a portion of one parcel of land occupied by a single- family dwelling. It is located on the south side of Sunset Point Road, approximately 520 feet west of the intersection of Sunset Point Road and Abbey Lake Road. The applicants are requesting this annexation in order to bring all of their property, identified as 2949 Sunset Point Road, into the City. The property is located within an enclave. 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 the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: . The subject property is served by City of Clearwater sanitary sewer service and water. Collection of solid waste is already provided by the City. The property is located within Police District III and service will be administered through the station located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. 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; and . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District as it is part of a larger parcel adjacent to the west. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is located within an enclave and is within the City's urban service area; therefore the annexation is consistent with Section 6( 1 )(b) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 7 I~ o HOMESTEAD 0::: w ~ <l: --l HOMESTEAD PROJECT SITE PRESTIGE Sunrise Dr. Q) (fJ ell o DR ST CROIX 0::: o ST CROIX SARA H DR o Location Map Owner Francisco and Wandi Blanco Case: ANX2007-07016 Site: 2949 Sunset Point Road Property Size 0.16 (Acres): Land Use Zoning PIN: A portion of From: RL (County) R-2 (County) 05-29-16-00000-140-1540 To: RL (City) LMDR (City) Atlas Page: 255B Item # 6 Attachment number 1 Page 2 of 7 Aerial Photo Owner Francisco and Wandi Blanco Case: ANX2007-07016 Site: 2949 Sunset Point Road Property Size (Acres): 0.16 Land Use Zoning PIN: A portion of 05-29-16-00000-140-1540 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 255B Item # 6 .'.:, ,:; Attachment number 1 Page 3 of 7 ~:~ :.:.:. .::; ~/\ I~ 1942 7 1936 ) 40N- :, ::-: I:,~~j ::< 30 ~ ~ 1936 1948 lN' 8 Q ~ ~ a:: " ;.: 1937 UJ '::::::".'.::.< ::( 2 <::( I"i~ ...,J Iil 8 >- '" ;.: :.... UJ '" '" '" '" 1931 ltl co ::. ltl '" 1 <::( '" ..... ':', 82 81 '" '" ':;.' ::- '.:':; ~ '" '" '" ">: '. .... .',: r- - ~ l-- 88140 ---1 ./- 6 t/, /"", 5", .... .... '" '" '" '" '" '" '" '" '" '" SUNRISE DR 40 30 ::. SUNSET POINT RD 44 ... ~ '" '" ~ '" ::':': '" co '" '" .:':: 8 ...;:'1':::' .... '" '" '" 37 G) - 141152 '" '" '" .... ... '" '" '" '" .... '" '" '" '" '" '" '" '" '" '" '" ~ ')'1 'l'IJ "it 'l! f" 6" E) 2.28 Ac(C) 1.01 Ac :,. 141154 :, ;.'::::. ;"'. ,....;:.,: 60 1RRR n /4 80 1882 60 11 10 /// 36 // 1887 / / /60 r- l / 1876 L4~ / 35 12 ---19 / 1881 / / 5 a:: :s: 1880 Q 1870 1874 1875 ::( 34 a:: a:: 8 a:: Q 13 <::( I- Q , 6 ~ 1864 CI) 1868 \~ ~ Q 33 UJ 1869 ~ a:: 14 o 7 '" '" <::( 0 '" 0 '" '" ...,J 1858 u.. '" '" 32 :s: '" ::( 1862 UJ <::( 15 ~ ~ASTLE WOODS LA 1852 0 31 CI) 1857 .... ... <::( '" '" 1856 '" '" 1846 l) '" '" 16 2 30 3 4 1850 1851 17 1 29 E) 2.61 Ac(C) '.., .... .'.:, ,:; Proposed Annexation Map Owner Francisco and Wandi Blanco Case: ANX2007-07016 Site: 2949 Sunset Point Road Property Size 0.16 (Acres): Land Use Zoning PIN: A portion of From: RL (County) R-2 (County) 05-29-16-00000-140-1540 To: RL (City) LMDR (City) Atlas Page: 255B Item # 6 !;;';""":;.' ~A:;t ~1i/ .'.:, ~:~ :.;.;. .::: ~/) 7 :>: ::- :; 1936 I:;:~j 1936 194j 8 ;.' 1937 :;, .;;::::,..;.::.< I"i~ 2 8 :.". 1931 \\! .;.:. ::. 1 '" ". '" ':', '" SUNSET POINT RD ;.., ;':':. ,:; ..":: ::. '. ..'. .',: 1 ~ '" '" r--~ l-- ~.140 ---1 /4 &I '" '" 8 44 "- " '" '" :;';., '" <0 '" '" 2 ~ '" '" 3 ~ '" '" RL "'G~ ,,/~ ?l '" '" 6 '" " '" '" ~ '" '" ...;:",::;. SUNRISE DR 141152 1.01 Ac 8 '" ~ I'; "- 8 a '" '" '" '" '" '" '" '" '" '" '" '" '" 12 11 10 9 8 7 E) 2.28 Ac(C) RS 141154 :, RL 111887 " 11 10 /// // 1RRA / / 160 r- l / 12 L4~ ---19 / / 1880 1881 / / 5 1874 1875 13 a:: RS 8 \ Q \ 6 1868 1 CI) ~' Q 14 0 b:j '" 0 i<l '" '" ~ '" 1862 UJ 15 ~ ~CASTLE WOODS LA CI) 1857 ;;; b:i 1856 <( '" '" l) '" '" 16 RS2 3 4 1851 1850 17 1 E) 2.61 Ac(C) RL '.." .... .'.:, ,:; :-". :.-.";,.;; Future Land Use Map Attachment number 1 Page 4 of 7 .~ 40 T\. r: . 30 ~ ~ ~ ~ ~ t~' ::( :5 ~ i RJ ~ <( 82 81 ;,. 40 30 ~ ~ b es 37 r:!J ~ 60 1882 60 36 1876 35 1870 ~ 34 a:: Q 1864 I- CI) 33 UJ a:: 32 R6) 0 u.. ::( <( 0 31 1852 1846 30 29 ;.':::-"" 80 a:: Q ::( a:: <( ~ Q ~ <( ...,J Owner Francisco and Wandi Blanco Case: ANX2007-07016 Site: 2949 Sunset Point Road Property Size 0.16 (Acres): Land Use Zoning PIN: A portion of From: RL (County) R-2 (County) 05-29-16-00000-140-1540 To: RL (City) LMDR (City) Atlas Page: 255B Item # 6 Attachment number 1 Page 5 of 7 7 ~/~ ~ 1936 40 ~. 3P 1936 194j lN' 8 LD~ Q ~ ~ ~":, a:: 1937 UJ """: "/.::", ..<>:. ::.:" ::( 2 <::( ...,J g :i: . ~:~:J~ 1;!!!J :.';' >- 5 UJ " ":"., a a ltl 0) 0) 1931 :": ltl 'n, <0 ,n. 1 <::( " 81 82 81 40 30 r- - ~ SUNSET POINT RD L- 88140 ~ ~ "j- ---1 /4 44 "- ::";" " ><."",:,; 1 2 3 5 81 '" '" 5 ~ ~ ~ [:j '" ;J; " <0 a '" 81 :"";:: 81 0) 37 '" '" '" 81 81 81 :~:" <::4: '" '" '" (2) 8 8 :":: 8 G) SUNRISE DR lil/ - '" "".?, H1 Ac 8 ;:! I'; "- 8 '" a '" 0) - 81 81 '" '" '" '" '" V ): ~ '" '" '" '" '" 12 11 10 9 8 7 6 ~154 .n ":>. ::""":::. 60 L MDR n1887 / 1882 60 E) //j 80 11 10 // 36 1RRA / / 2"28 Ac(C) /~ r- l / 1876 L4~ / 35 12 ---.J9 / / / 5 a:: :s: 1880 1881 Q 1870 E) 1874 1875 ::( 34 a:: a:: 8 a:: Q 13 <::( I- Q 6 ~ 1864 CI) 2"61 Ac(C) \CI) ~' Q 33 UJ 1868 Q ~ a:: 14 0 &j 85 <::( ~ ,",<::' :': 0 '" ...,J 1858 '" '" 32 :s: '" ::( '"<; '>;~":, 1862 UJ <::( 15 ~ ~ASTLE WOODS LA 0 31 1852 CI) 1857 ~ "- 1856 <::( '" '" 1846 l) 81 81 16 2 30 3 4 1851 1850 c.":; 17 1 29 Zoning Map Owner Francisco and Wandi Bla nco Case: ANX2007-07016 Site: 2949 Sunset Point Road Property Size 0.16 (Acres): Land Use Zoning A portion of PIN: 05-29-16-00000-140-1540 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 255B Item # 6 Attachment number 1 Page 6 of 7 ~/\ ~ 7 1942 1936 / 4ON- 1936 1943 "IN' 8 Q ~ ~ ~"', a:: " 1937 UJ """: "/.::". ..":::::. ,>" ::( 2 <::( ...,J g :i: '.';""', >- ~ ;u;.:::;~! 8 '" I' nil '" '" ~ iwgle- f~ '" '" 'n. co .:C:.::/::i;"l".. :c.; I esident af '" '" 82 81 '" 40 30 r- - ~ SUNSET POINT RD L- 88140 ~ ~ "j- ---1 /~ 44 ... ~ <3 tb 5", '" '" '" ><c.",,:,: ... '" '" '" co '" '" ... ... '" '" '" '" '" ;Y::".:";::::: '" '" '" '" '" '" '" Si 112". .. ., '" :"";: '" \1<: '" 37 '" '" '" '" '" e- SUNRISE DR tr, 14115 . 1(,,"~2 ":"x ,~ il0 G) re - '" '" '" ... ... '" '" Single- '" '" ... '" '" ~ ~ 2~''? '" '" '" '" '" ~ '" 'i\\ "it 'l! 7'" 6" resideni 11 141154 n 60 / 1882 60 E) //j 80 11 Q 10 36 1SlSlR ingle fHDilv // / / 2"28 Ac(C) /res~€ills~ ~9 / / 1876 / 35 12 1881 / / 5 a:: :s: 1880 Q 1870 E) 1874 1875 ::( 34 a:: a:: 8 a:: Q 13 <::( I- Q 6 ~ 1864 CI) 2"61 Ac(C) 1868 ,~ t:. Q 33 UJ o 1869 7 ~ a:: 14 '" '" <::( ~ '" ,":<::' :" 0 '" '" ...,J 1858 '" '" 32 :s: '" ::( '"<; .>:~":. 1862 UJ <::( 15 ~ ~ASTLE WOODS LA 1852 0 31 CI) 1857 ... ... 1856 <::( '" '" 1846 '" '" l) '" '" 16 2 30 3 4 1851 1850 ;."'; 17 1 29 Existing Land Use Map Owner Francisco and Wan di Blanco Case: ANX2007-07016 Site: 2949 Sunset Point R oad Property Size 0.16 (Acres): Land Use Zoning A portion of PIN: 05-29-16-00000-140-1540 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 255B Item # 6 View looking south View looking east on Sunset Point Road Attachment number 1 View looking southeast View looking west on Sunset Point Road ANX2007-07016 Francisco & Wandi Blanco 2949 Sunset Point Road Item # 6 Attachment number 2 Page 1 of 2 ORDINANCE NO. 7856-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 520 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 14/154 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2949 SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI 01 NG AN EFFECTIVE DATE. WH EREAS, 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 (ANX2007 -07016) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 6 Ordinance No. 7856-07 Attachment number 2 Page 2 of 2 Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. Item # 6 Ordinance No. 7856-07 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7857-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 520 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 14/154 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2949 SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2007 -07016) Land Use Cateqorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7856-07. 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 Item # 6 Ordinance No. 7857-07 Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. Ordinance No. 7857-07 Attachment number 3 Page 2 of 2 Item # 6 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7858-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 520 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF A PORTION OF METES AND BOUNDS 14/154 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2949 SUNSET POINT ROAD, 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 (ANX2007 -07016) Zoninq 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. 7856-07. 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 Item # 6 Ordinance No. 7858-07 Attachment number 4 Page 2 of 2 Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. Item # 6 Ordinance No. 7858-07 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2951 Sunset Point Road (consisting of a portion of metes and bounds 14/154 in section 5, Township 29 South, Range 16 East); and Pass Ordinances 7859-07, 7860-07, and 7861-07 on first reading. (ANX2007- 07017) SUMMARY: This voluntary annexation petition involves a 0.96-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Sunset Point Road, approximately 325 feet west of the intersection of Sunset Point Road and Abbey Lake Road. The applicants are requesting this annexation in order to receive City sanitary sewer and solid waste. The property is located within an enclave. 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 provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: . The subject property is seeking City of Clearwater sanitary sewer service and solid waste. The property already has a City water account. The property is located within Police District III and service will be administered through the station located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property owner is aware of the need to make payment of sewer impact and assessment fees to the City. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum lot size and width dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is located within an enclave, is continguous, and is within the City's urban service area; therefore the annexation is consistent with Section 6( 1 )(b) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The annexation of this property reduces the enclave. There are pending annexation petitions for small parcels abutting this property (ANX2007-07016 and ANX2007- 08020). Upon annexation of the small parcels, the enclave will be eliminated. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Cover Memo Review Approval: 1) Clerk Item # 7 Attachment number 1 Page 1 of 7 Location Map Owner Albert and Delia Gropper Case: ANX2007-07017 Site: 2951 Sunset Point Road Property Size 0.96 (Acres): Land Use Zoning PIN: 05-29-16-00000-140-1500 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 255B Item # 7 Attachment number 1 Page 2 of 7 Aerial Photo Owner Albert and Delia Gropper Case: ANX2007-07017 Site: 2951 Sunset Point Road Property Size 0.96 (Acres): Land Use Zoning PIN: 05-29-16-00000-140-1500 From: RL (County) R-2 (County) To: RL (City) LMDR (City) Atlas Page: 255B Item # 7 ;~-:r:;?;;f~~j~i~~ ;':.===-,'.i;.!:':-='f:;:'~~~;. :i'.~.:m:.:::~.:.~.;:{ :,:.t:=jif:i.1::"'?-:';';:r~;;! 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'ct::'" 'CrT "'. ~ ~ g >- UJ ~ !Xl ,<:(, 7 ~,,/ "\ 1l14? 1 1936 \ I 4" I I 1936 '>I"" 1937 L 1931 . . . . i 40 30 g ~~~.~~~~~:!'!;1 It) ::....~:-:.;li;l~~.....ii ~ ~:;{::.~:~~~~::~~ Si""Q,grn-f ~:;t -X:::"7 .",.1:... . . . .:"1 resIden~~~.~~~3H~f, 1.nr -Ac IL~~~..:::...~........ ~~::J.::~~j.;~:- ~:.::i~a!:: . ,<<.:....t-!i.:.::.'.:;:: n \V n l' 10 /1} 80 1882 //, 36 // / I 1876 I / 35 / 5 1R70 ---19 / / 34 R 33 .......... "" CO 0> -------c-<r J< CO CO "" 30 ~ A 29 Existing Land Use Map Owner Albert and Delia Gropper Site: 2951 Sunset Point Road Land Use Zoning From RL (County) R-2 (County) To: RL (City) LMDR (City) Case: 82 .... Q Q '" ~ 1864 ~ f- ~ 1R'iR 15 ... lc: <:( 1852 . 0 1846 Attachment number 1 Page 6 of 7 ~- :;:;.... :UI Q .... Q Q ~ ,., 81 80 37 ~ 38 ------e- '" "" Q '" OAK FO -----"'---- AC 1883 1877 41 60 42 1865 . g~E PL 1859 44 45 ';';,;,;" 46 1RA7 47 1841 ANX2007-07017 Property Size (Acres): 0.96 PIN: 05-29-16-00000-140-1500 Atlas Page: 255B Item # 7 View looking east View looking east on Sunset Point Road Attachment number 1 Page 7 of 7 View looking southeast View looking west on Sunset Point Road ANX2007-07017 Albert & Delia Gropper 2951 Sunset Point Road Item # 7 Attachment number 2 Page 1 of 2 ORDINANCE NO. 7859-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF METES AND BOUNDS 14/15 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2951 SUNSET POINT ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, 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, FLORI DA: 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 (ANX2007 -07017) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7859-07 Attachment number 2 Page 2 of 2 Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run west 327 feet for a Point of Beginning; thence continue west for a distance of 211.82 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 211.82; thence proceed south a distance of 250.53 feet to the Point of Beginning. LESS AND EXCEPT the following described parcels: Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 east, Pinellas County, Florida; thence travel west 327 feet for a Point of Beginning; thence continue west for a distance of 18.00 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 18.00 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. AND Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. Item # 7 Ordinance No. 7859-07 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7860-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF METES AND BOUNDS 14/15 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2951 SUNSET POINT ROAD UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL) PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2007 -07017) Land Use Cateqorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7859-07. 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 Item # 7 Ordinance No.7860 -07 Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run west 327 feet for a Point of Beginning; thence continue west for a distance of 211.82 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 211.82; thence proceed south a distance of 250.53 feet to the Point of Beginning. LESS AND EXCEPT the following described parcels: Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 east, Pinellas County, Florida; thence travel west 327 feet for a Point of Beginning; thence continue west for a distance of 18.00 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 18.00 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. AND Commence at the southeast corner of the northeast % of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. Ordinance No.7860 -07 Attachment number 3 Page 2 of 2 Item # 7 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7861-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 325 FEET WEST OF ABBEY LAKE ROAD, CONSISTING OF METES AND BOUNDS 14/15 IN SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2951 SUNSET POINT ROAD, 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 (ANX2007 -07017) Zoninq 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. 7859-07. 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 Item # 7 Ordinance No. 7861-07 Attachment number 4 Page 2 of 2 Commence at the southeast corner of the northeast X of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence run west 327 feet for a Point of Beginning; thence continue west for a distance of 211.82 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 211.82; thence proceed south a distance of 250.53 feet to the Point of Beginning. LESS AND EXCEPT the following described parcels: Commence at the southeast corner of the northeast X of Section 5, Township 29 South, Range 16 east, Pinellas County, Florida; thence travel west 327 feet for a Point of Beginning; thence continue west for a distance of 18.00 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 18.00 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. AND Commence at the southeast corner of the northeast X of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida; thence travel West 511.32 feet for a Point of Beginning; thence continue west for a distance of 27.50 feet; thence travel north for a distance of 250.53 feet; thence travel east a distance of 27.50 feet; thence proceed south a distance of 250.53 feet to the Point of Beginning. Item # 7 Ordinance No. 7861-07 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2790 Morningside Drive (Lot 10, Winwood); and Pass Ordinances 7862-07, 7863-07 and 7864-07 on first reading. (ANX2007-07018) SUMMARY: This voluntary annexation petition involves a 0.14-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the north side of Morningside Drive approximately 60 feet east of Winwood Drive.The property is within an enclave but is not contiguous to existing City boundaries. 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 provisions of Community Development Code Section 4-604.E and Pinellas County Ordinance 00-63 as follows: . On October 23, 1995, an Agreement to Annex was entered into between the City and Tampa Bay Developers, Inc. City records indicate that this property receives City sewer and solid waste service. A sewer impact fee was paid in February 1997. The property is served by County water. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is located within an enclave, is not contiguous to existing municipal boundaries but is within the City's urban service area; therefore the annexation is consistent with Section 6(1 )(b) of Pinellas County Ordinance 00-63 which governs annexation and meets the applicable requirements of Florida Statutes 171. The Pinellas Planning Council (PPC) staff has reviewed this annexation and no objections were raised. Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 7 Location Map Owner Richard Riley Case: ANX2007-07018 Site: 2790 Morningside Drive Property Size (Acres): 0.14 Land Use Zoning PIN: 05-29-16-98470-000-0100 From RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Item # 8 Attachment number 1 Page 2 of 7 Aerial Map Owner Richard Riley Case: ANX2007-07018 0.14 Site: 2790 Morningside Drive Property Size (Acres): Land Use Zoning PIN: 05-29-16-98470-000-0100 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Item # 8 Attachment number 1 Page 3 of 7 ~.~~:~ ~~~~'::~m.~.~~.~~.~~~:.~ . .:." . ~_~ ':'" ~.. ~ ...:::.~~ 'f8.!J:~~ ~!~~:: ~l;Jfl!.~~'~~;~.!~' ;". t::;:~:~::::f.::~:~~.~~$:::~~~~:~~:t~'.,i.~::~'::~::-Y.&.:f!;~~ ';,!Q! ~.;t.:~~;~H.~~.:?:'~~~'''ffo.:.:.:. :"'':o!~:_~:.I~.~ :~! ~'~:~,'i ~I:~~~~I:~.,*:~ :~: ..~:~'S-~~~-':':~:i:i:~0..B ~ ~ :-:~~-i~ ;:;i.:::':;,:':-::" ':;,~':.r:(:I:":~~-~''-:. ~:':'-:,o:':.. 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CI)'" . .. .. . . ;':W;:.\~'",'~':~ :'.'O;:'.'~~~'" :r:..'::~: .:.*,,"i=;.:','::r:': ~..::.}:~~:r-;.~-:'r':;:':'-:;'~ :>-P?~'::r:.:~:..;.[.~,."f:;,;."'.':r:'.'O; :~~~.:-~ :..':::r::-o~~:'''' ~..,~,,-'-';';'" 1759 15 gJ :~: 1772 1765 <0 1768 1760 Zoning Map Owner Richard Riley Case: ANX2007-07018 Site: 2790 Morningside Drive Property Size (Acres): 0.14 Land Use Zoning PIN: 05-29-16-98470-000-0100 From RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A Item # 8 Attachment number 1 Page 6 of 7 ~,~~:~ ~t0~~r~~'s~~~:.; . .:," .~_; .;.:. ~"~~ ".';:'" ~":':<;'~ ~!;~:: ;{;':;;:"~'~~~~.!;' j'" W;:~;;&'::::f.::~:~~.~:;$.:::~~~~:~~:Z.~j'.~::~.::~::-~t.f:';~~ '~""::'I ~'H;'!:~,.,~:~rl')il~~'1W8. ~:~":'l ~~~~: ;::);~ ,!'I::.~ :~::::'I' .,!'I:..,~:~,'i ~I:~:!:I.~.-.,:.:: 1~1' :,!'U.~:~;:::.i~~:!'I::.:O:':~1i:;.~t!"I:: .............. ~ .;::::-~ ~~.-:. ...>'o!ll.-;.....-. . .~...~ <,:-...,. ,-" '''''~<': -',.'. .-:~..:' r-;;,;;.;'.~ ""',~.. ,;.,.<,:......... .,-;, ..' ...=.:-:-..;t=:~~~. - ~ ~~.:; ..';.':.y~ ~-::.~.::~*:: _.- ...:.:-:.___~.::~* :-,,,:':.':.-.:. ..=::-~::~~::-:. ..':.~:-.."i.:.. ::..:~:;.:: ..':.~~~. :.::=:~~:~~ ~:: ........ ,~..=::-.::~*:: .:..- -..:. . a:. .. :-. : ......". ._ .:..u~~~';.~..::~==-:~~:.. .~.... ~r' ~.... ~.': . ~'. oj.... :':....... 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'" '.'~,',"'z~.. . . . . . . . . ;o::~.;:.\~.....,.:~ :..'?...~....~... :r:..'::~~ .:.;::"":;:..\','::;.:': ~..::.;..~',w:t.:'r':~::-:;."" ::-:::?"::r:.:~:..:.[.....~'f:;,;."'.~:r:':O; :~~~.;..~ \..'::t<'.:;:~:.... ~.,~'"''';';''' 1759 1777 16 15 '" '" :~: 1771 1772 1765, 0 1768 1760 Existing Land Use Map Owner Richard Riley Site: 2790 Morningside Drive Land Use Zoning From RL (County) R-3 (County) To: RL (City) LMDR (City) Case: ANX2007-07018 Property Size (Acres): 0.14 PIN: 05-29-16-98470-000-0100 Atlas Page: 264A Item # 8 View looking northwest View looking northeast Attachment number 1 View looking west View looking east on Momingside Drive ANX2007-07018 Richard Riley 2790 Morningside Drive Item # 8 Attachment number 2 Page 1 of 1 ORDINANCE NO, 7862-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF MORNINGSIDE DRIVE, APPROXIMATELY 60 FEET EAST OF WINWOOD DRIVE, CONSISTING OF LOT 10, WINWOOD, WHOSE POST OFFICE ADDRESS IS 2790 MORNINGSIDE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 10 of Winwood, according to the map or plat thereof as recorded in Plat Book 113, Pages 43-45, inclusive, Public Records of Pinellas County, Florida (ANX2007 -07018) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7862-07 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7863-07 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 NORTH SIDE OF MORNINGSIDE DRIVE, APPROXIMATELY 60 FEET EAST OF WINWOOD DRIVE, CONSISTING OF LOT 10, WINWOOD, WHOSE POST OFFICE ADDRESS IS 2790 MORNINGSIDE DRIVE UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 10 of Winwood, according to the map or plat thereof as recorded in Plat Book 113, Pages 43-45, inclusive, Public Records of Pinellas County, Florida (ANX2007 -07018) Land Use Cateqorv Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7862-07. 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 Item # 8 Ordinance No. 7863-07 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7864-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF MORNINGSIDE DRIVE, APPROXIMATELY 60 FEET EAST OF WINWOOD DRIVE, CONSISTING OF LOT 10, WINWOOD, WHOSE POST OFFICE ADDRESS IS 2790 MORNINGSIDE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 10 of Winwood, according to the map or plat thereof as recorded in Plat Book 113, Pages 43-45, inclusive, Public Records of Pinellas County, Florida (ANX2007 -07018) Zoninq 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. 7862-07. 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 Item # 8 Ordinance No. 7864-07 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve a Future Land Use Plan Amendment from the Institutional (I) Classification to the Residential Urban (RU) Classification and a Zoning Atlas Amendment from the Institutional (I) District to the Medium Density Residential (MDR) District for property located at 1520 S. Prospect A venue (consisting of Lots Eleven and Twelve, Block C, Second addition to Belmont Subdivision); and Pass Ordinances 7852-07 and 7853-07 on first reading. (LUZ2007-06003) SUMMARY: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 0.123 acres in area located on the west side of South Prospect A venue, approximately 300 feet south of the intersection of Woodlawn Street and South Prospect A venue. This property has a FLUP classification of Institutional (I) and a zoning designation of Institutional (I). The applicant is requesting to amend the FLUP designation of the site to the Residential Urban (RU) classification and to rezone the property to the Medium Density Residential (MDR) District in order to reestablish the use of the property for residential purposes. There is an existing single family dwelling on the lot. The Planning Department determined that the proposed future land use plan amendment and rezoning amendment, as recommended, 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 land use plan amendment and rezoning (LUZ2007 -06003) staff report for the complete 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. The application is a small-scale amendment and 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 21, 2007 and unanimously recommended approval. Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 8 CDB Meeting Date: Case Number: Owner/ Appli cant: Address: Agenda Item: August 21, 2007 LUZ2007 -06003 Woodlawn Church of God Board of Trustees 1520 S. Prospect Avenue Fl CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Plan amendment from the Institutional (1) Classification to the Residential Urban (RU) Classification; and (b) Rezoning from the Institutional (1) District to the Medium Density Residential (MDR) Di stri ct. SITE INFORMATION PROPERTY SIZE: 5,357 square feet or 0.123 acres PROPERTY USE: Current Use: Proposed Use: Vacant residential structure, church purpose use Single-family residential dwelling PLAN CATEGORY: Current Category: Proposed Category: Institutional (1) Residential Urban (RU) ZONING DISTRICT: Current District: Proposed District: Institutional (1) Medium Density Residential (MDR) Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 1 Item # 9 Attachment number 1 Page 2 of 8 EXISTING SURROUNDING USES: North: Church office, church, and single family residential South: Single family residential East: Single family residential West: Single family residential ANALYSIS: This Future Land Use Plan (FLUP) amendment and rezoning application involves property comprising approximately 0.123 acres in area located on the west side of South Prospect Street, approximately 300 feet south of the intersection of Woodlawn Street and S. Prospect Avenue. This property has a FLUP classification of Institutional (1) and a zoning designation of Institutional (1). The applicant is requesting to amend the FLUP designation of the site to the Residential Urban (RU) classification and to rezone the property to the Medium Density Residential (MDR) District in order to re-establish a single-family residential use. The property consists of a building that apparently was a single family detached dwelling which transitioned to church use. This is a small lot with lawn and trees. The structure includes a one-car carport accessed by a short driveway. The existing building on site has been used for church purposes. From this building, canned goods were distributed to the needy, approximately two to four times per week. The food pantry was discontinued and the church itself relocated to Walsingham Road. This property went through a land use plan amendment from the Residential Urban to the Institutional FLUP classification and a rezoning from the Medium Density Residential to the Institutional zoning district in 2001 (Case # LUZ 01-08-06). Now the applicant is seeking to return to the original FLUP classification and zoning designation in order to sell the property as a single-family house and lot. In accordance with the Countywide Plan Rules, the FLUP amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the parcel, review and approval by the Florida Department of Community Affairs is not required. 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: 3.0 Goal - A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. 3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector streets; if appropriately buffered; they may be located on major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 2 Item # 9 Attachment number 1 Page 3 of 8 proximity to parks, schools, mass transit and other neighborhood-serving land uses. 16.1.1 Policy - Maintain sufficient residentially zoned acreage, of varying densities and locations, to accommodate the existing and future housing needs of the City of Clearwater. Recommended Conclusions of Law The re-establishment of a single family dwelling at this location will be compatible with the surrounding environment and will not negatively impact levels of City services. South Prospect Avenue, in this vicinity, is residential in character. The proposed plan amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Obj ectives or Policies, and is consistent with the Clearwater Comprehensive Plan. 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 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. The site is located in close proximity to the intersection of S. Prospect Avenue and Woodlawn Street. Significant vegetation frames these streets. Although the predominant surrounding land use is single family residential, both detached and attached residential dwellings occupy the north side of Woodlawn Street. The proposed use of the property, single family residential, is consistent with the purposes of the Residential Urban (RU) category . Recommended Conclusions of Law The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan; therefore, the proposed amendment is consistent with the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3] Recommended Findings of Fact This area of Clearwater, South Prospect Avenue, between Woodlawn Street and Howard Street, is developed with residential land use, a small church office, and a church. To the north south, east, and west are single-family detached dwellings. Multi-family residential development is located north of this site along part of Woodlawn Street. Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 3 Item # 9 Attachment number 1 Page 4 of 8 Recommended Conclusions of Law The proposed FLUP designation and rezoning are in character with the overall FLUP and zoning designations in the area. They are compatible with surrounding uses and consistent with the character of the immediate surrounding area and neighborhood. IV. SUFFICIENCY OF PUBLIC FACILITIES Recommended Findings of Fact As stated earlier, the overall subject site is approximately 0.123 acres in area and is occupied by a single-family residential structure. This structure was used for church purposes. The purpose of the proposed application is to re-establish a single-family residential use on this property. Roadways 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. Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Trips3 Volume of MLK Jr. Avenue: Between Belleair Road and Lakeview Road LOS of MLK Jr. Ave: Between Belleair Road and Lakeview Road N/ A ~ Not Applicable LOS ~ Level-ot~Servic" 7,203 7,214 7,212 -2 D D D D 1 ~ Based on PPC calculations oftrips per acre per day tor the Institutional Future Land Use Category. 2 ~ Based on PPC calculations oftrips per acre per day tor the Residential Urban Future Land Use Category. 3 ~ Based on MPO K-factor of 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, Jr. (MLK Jr.) Avenue, Belleair Road to Lakeview Road has a LOS ofD. The proposed FLUP category could generate two less PM Peak Hour trips onto MLK Jr. Avenue than the current FLUP category. The net decrease in trips is de minimis and the LOS of the surrounding road network will not be impacted. 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 21, 2007 - Case LUZ2007 -06003 Page 4 Item # 9 Attachment number 1 Page 5 of 8 Existing Zoning (I) /Future Land Use Plan (I) npsx 1,000 sq. ft.) 3,482 31 N/A 5 N/A 1 10 -21 1 -4 dwelling unit The property has an existing single-family residential detached dwelling, which was used infrequently for church purposes. The re-establishment of the structure as a single-family dwelling will result in fewer vehicular trips. As such, the proposed plan amendment and rezoning will not result in a degradation of the existing LOS to the surrounding road network. 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 not located directly on any mass transit route. Neighboring mass transit routes are located on South Fort Harrison Avenue and on South Myrtle Avenue. Water The current FLUP category could use up to 348 gallons per day. Under the proposed FLUP category, water demand could approach approximately 250 gallons per day. Wastewater The current FLUP category could produce up to 279 gallons per day. Under the proposed FLUP category, sewer demand could approach approximately 200 gallons per day. Solid Waste The current FLUP category would result in the production of 9.4 tons of solid waste per year. Under the proposed FLUP category, a single-family residential dwelling could generate 2.5 tons of solid waste per year. Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 5 Item # 9 Attachment number 1 Page 6 of 8 Recreation and Open Space The proposed future land use plan and zoning designations will facilitate the re- establishment of a single-family residential dwelling. Open Space, Recreation Land and Recreation Facility impact fees will not be required. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by this plan amendment will not result in the degradation of the existing LOS to the surrounding road network. Further, there is no impact to water, wastewater, and solid waste service. Open space and recreation facilities and mass transit will not be affected by the proposed future land use plan and zoning designations. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] Recommended of Findings of Fact No wetlands appear to be located on the subject site. This property has an existing single-family residential structure with a lawn and some trees. The proposal, if approved, will change the site with structure from church use to a private single-family residence. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject site. There is an existing single-family residential structure on this property. There is no impact to the City of Clearwater by the proposed single-family residential use. 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 is consistent with the boundaries of the subject site, which is generally rectangular. The proposed Medium Density Residential District is compatible with the surrounding land uses. South Prospect Avenue is a north south roadway largely framed by single-family residential land use. There are some attached dwellings located to the north of the site, on the north side of Woodlawn Street. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 6 Item # 9 Attachment number 1 Page 7 of 8 VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1002 & 4-602.F.1. and .2.] Recommended Findings of Fact The proposed land use is single family residential. The subject site proposed for rezoning has a lot width of approximately 50 feet and a lot area of 0.123 acres (5,357 square feet). The Medium Density Residential zoning district minimum lot width requirement is 50 feet and the minimum lot area requirement is 5,000 square feet. Recommended Conclusions of Law The proposed use of the subject site is consistent with the uses allowed in the Medium Density Residential zoning district and the site meets the minimum lot width and area requirements of the District. 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 Institutional (I) category to the Residential Urban (RU) category and a rezoning from Institutional (I) District to the Medium Density Residential (MDR) District for the subject site is requested. The site consists of 0.123 acres (5,357 square feet) and exceeds the minimum lot size requirement for single-family residential use within the Medium Density Residential Zoning District. A predominance of single-family residential detached dwellings, some multi-family residential units, a church, and a church office characterize the neighborhood. The proposed future land use plan amendment and rezoning is compatible with the existing neighborhood. The proposed Residential Urban (RU) Future Land Use Plan classification and Medium Density Residential (MDR) zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Based on the above analysis, the Planning Department recommends the following actions on the request: Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 7 Item # 9 Attachment number 1 Page 8 of 8 ACTIONS: a) Recommend APPROVAL of the Future Land Use Plan amendment from the Institutional (I) Classification to the Residential Urban (RU) Classification; and b) Recommend APPROVAL of the rezoning from the Institutional (I) District to the Medium Density Residential (MDR) District. Prepared by Planning Department staff: Michael H. Reynolds, AICP, Planner III Attachments: Application Location Map Aerial Photograph of Site and Vicinity Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning DepartmentlC D EILand Use AmendmentslLUZ 2007\LUZ2007-06003 - 1520 S Prospect Ave - Woodlawn Church oj GodlPrintable StajfReport, LUZ2007-06003.doc Staff Report - Community Development Board - August 21, 2007 - Case LUZ2007 -06003 Page 8 Item # 9 ~ --l ~ <( I E w ~ ZU U GUZUZl1 I ~ ~ * ~ ~~~ ~[ ~ I- <( <( !::2 "2 t S ~ ~ ~ ~ KINGSLEY ST >.: ~ --l ~ \ I 0... QUEEN Z 0 en 0 <( ~ WAY Ql > <( W Ql ~ <:: co 8T Z 0 --l --l 0 W W W <( ~ ~ ~ en 0:: <( u ST Z 0 Z l- I- Z <( >- U <( c.9 0 c.9 w w Z en --l 0... c.9 0 I --l en 0 I !::2 i= 0 i= en <( 0:: ~ ~ ~ 0... RD Location Map Owners: Woodlawn Church of God Site: 1520 S Prospect Avenue Land Use From: To: RU Case: Attachment number 2 Page 1 of 6 ST LUZ2007-06003 Property Size(Acres): 0.123 acres Zoning PI N: 22/29/1 5/07938/003/0110 314A S:\Planning DepartmentlC D EiLand Use Amendments IL UZ 2007\LUZ2007-06003 -1520 S Prospect Ave - Woodlawn Church of GodlMaps IMap Request. doc MDR Atlas Page: Item # 9 Attachment number 2 Page 2 of 6 Aerial Photo Owners: Woodlawn Church of God Case: LUZ2007-06003 Site: 1520 S Prospect Avenue Property Size(Acres): 0.123 acres Land Use Zoning PI N: 22/29/1 5/07938/003/0110 From: To: RU MDR Atlas Page: 314A S:\Planning DepartmentlC D EiLand Use Amendments IL UZ 2007\LUZ2007-06003 -1520 S Prospect Ave - Woodlawn Church of GodlMaps IMap Request. doc Item # 9 RM 8 - (,,': IG '\ 3U G) @o E) I\!J~ " <0 <0 as as '" " ~ " 10 ~ g:s ,. " ,. I I;:: I II "'I 101 10110 11 115b4 40 \ I I \ I I 112 114 12 13 4 15 16 7 18 9 110 ~ 13 I I I I 11508 LIS.!..!, _ _ 5Q.... _ 15 ":"51 \ 55 16 \15RlJ ~ _ _ 11; ~16 1512 _ .2 _ _ 19 1Ji...18 51 20 , _ _ 2,0 _ _ _ 2L ~22 \1~ -::- fL,_~ ~~ , - 47 \.\.. A I) 24 1530 __46_ 25__ 1533 45 26 ) \-15~ ~ ~ ~ - - \1 41 30 ri54~ 40_ _ ..11 _ ~4 i<:l 154939 ,,]2 _ _ !::t 00 33 1546 ~ _ 3~ _ 34 1548 \ "R 35 1550 C (C) ,~ \L :~:, :, . \ lasl I ~~u =-=\ 101 I I I 6 17 8 I ,1560 RtJ 9 1564 ,-_ _ _ -1.Q..15~ _ _ _ 1l!.56!!.. 121570 _ _ _13,!!?76_ Owners: ~ --q: :z: 1540 p .... ,j.L,j J-\C(C) cp RU \ --8 '" a a g:s cil; 0; - ~ :1S :if :if ~22_ 1 40 _5Lil.J__o g:s ~ ..1 ..!...5~ _ -.21 _ 1_ 2_ _ -OO_-1l__ 50 3 49 4 =49- I ~ ~ 1511 48 _5 _ 48 I 47 6 1508 J-~--+--~- ..!..51C _15:!!!.46_ L _ ...d6 _ 7 45 8 151 45 _8 _ _ ::!.17~ _ _9_ _ 1~7~ _ _9 _IS.!... 43 10 1516 ~, 10 15.E4L .J:! I.U 42 - 41 _ A-;- 1f!l!?:s _ 41 _ l{ C'J - _: \, Er )};;1526 ~ =:!5~ J~ ~ i ~24 15~38_ "--Ji; _ _ I.U 15 _ 37 16 152:j _ 37 16 ~ .!:29...16 _ _ 1L j:: 1~532... _ --17 _ 15 q: 35 18 153 '5..1B .... 1':253.!. 19 _ 3& _ 19 U 33 _22...2.1_D_'-" 152!33_ -20 - ~_ I.U 2:.43.12 _ ~~ 32 21 1540 ~ 31 22 _ 31 _ 22 0 ":"54:""30 _ I- 2~ !.!3.46 _ 30 23-D1, Cl:: 29 24 f- _ 22. - 2,! . ~~ Q.. ~ 2~ -, 25 _ _ -f!; ~ 25 _ CI) 27 26 27 :",1) ?R HOWARD ST 1553 46 1 1554 - - - 2 _ ~ 1556 4 5 1564 6 7 -1RL ~ 46 - - - 45 44 43 42 _1_42- 40 _ 39 _ 3~ _ 37 ~Rt _3_ 1St 4 5 156 - - - 6 ~ ..!..,5t 8 9 156 10 -I .,35_ 44 43 156142 - -- 41 156540 - 39 - ....!56~38_ 37 10 1568 Future Land Use Map Woodlawn Church of God Site: 1520 S Prospect Avenue Land Use From: To: RU Zoning MDR I 2 ~~ " WOODLA WN ST .e;. 52 '" _ 12.1 _ 50 _ ..39_ - .=!.8 _ _56RILJ 151147 .0 I- _42... L !?12 ~15_45_ 8 44 _9 _15J1i. IS!!! <& .1Q _ _ 42 11 41 12 152 -40~~ 13- - 39; ~I) 14 ~27 _38_ _ 15_ 1~8 37 16_ _ I.U _ 36 17 ::::. 1535 35 18 q: -;;- I' 19 -153 ~ ~39 .,]3_ 20_ 1..:...3 ~ 32 21 ::0; _ _ 3l.. f- ~ 154 I.U 1!!...43 ,,]0 _ 23 29 24 1549 _28 _ 25 -_- 1551 27 26 -.J_~O _2 _ =- 3_ _ 4 46 1 - - - 155545 2 - 44 - 3 909- 12-.61.d.3 - - 4R..I.J 42 5 41 6 1562 - 1565 40 7 156739 _ ~ ~66 38 9 37 -= 10 1570 Case: Property Size(Acres): Attachment number 2 Page 3 of 6 /404 .~ '~~. i~- -;. >,- ~8 5 6- 1- 14797 -I - Jj81Ji _ _ _14/!l9 _ ~95..!..0 _ _14~ 1L ~ 149912 ~ 1484 149 '" 0; 60 " ~ -L 21500 3 - -:is 04 42 ~G 15RU - 2... - 6 - 7 "" 8 - '9 - - - - 10151 11 - - - 1;1520 13 ~~i24 RlOS ~15_ 15,,0 85 - 17 - - - 111532 ~ 84 - 19 - - - - 20153 q: 83 - 211538 It - - - 22 "") 82 I 81 154723 ~- I f- 24 - :z: I 100125 - - - - :lc: ?R Cl:: '" 0 I.U 1 i: ~RU - - - ::> - 2 ..,J 80 179 - ?L156 :z: RU 4 - .... 5 Cl:: 78 - - - - 6156 ~ 7156 77 - CI) - fL 1571<1 10157 - - LUZ2007-06003 0.123 acres PI N: 22/29/1 5/07938/003/0110 Atlas Page: 314A S:\Planning DepartmentlC D EiLand Use Amendments IL UZ 2007\LUZ2007-06003 -1520 S Prospect Ave - Woodlawn Church of GodlMaps IMap Request. doc Item # 9 ( (2) G) G)" I" ~ ;g l!l ~ I @o 8 ~ ~ 0 " <0 <0 as as '" " ~ " 10 ~ g:s ,. ': I~\ 10\ ~1~111 ;15b4 40 I I I I 112, 114 13 15 7 9 110 ~ 131 2 I 4 \ 16 18 I 11508 _15!.J.. _ _ 5EL _ 15 ":"'512 55 16 ~;~~ = ; = = :: :: V5~ _ :~_ ~L ~22 _ 48 LZ,_II 23 - 47 \.\. A I) 24 1530 \ - - 46 25 1533 45 26 - - ~ ) \,,~;: = ~ -,,: ~ 41 30 <: \_154~40_ _ 31 154 <:( 154939 32 Cl:: 00 33 1546 U \" 37 34 1548 CI) \ . 36 35 1550 Ic) ~ 52 1 4 g:s -~ ~ ..1 -.!..5~ -.:ill._2__ 49 4 1511 48 _5 _ _ 47 6 1508 _15~46_ L_ 45 8 1512 2:17~ _ _9_ _ 43 10 1516 152342 11 _- ~- _ 12_-1t?l.O ~ 40 A13 <:( _ 31L \ , S- )}141526 >- _15~38_ ~ _ _ ILl 37 16 152:j .!:29...16 _ _ 1L _ j:: 35 18 153 153534 19 - 3~ -nn 1543 ~H540 - -~ '- - 31 22 154530 _ I- 2~ !.!3.46 29 24 ~ 2~ --, 25 _ _ 27 26 HOWA ~.... \' I I' ':.: I 1553 46 I I I I "'I I J..35 _ .112 I~ 14 15 I I 44 6 17 8 - -AO - ~ lasl I I 1560 156142 - - - .Jl 1 ~64 41 \~ - - 101566 156540 - - 111568 - 39 - 121570 ....!56.!:.38_ \- _ _13,!!?76_ 37 Owners: 1 1554 2 3 1556 4 5 1564 6 7 8 9 10 1568 Woodlawn Church of God Site: 1520 S Prospect Avenue Land Use From: To: RU - - 8 3.23 Ac Ic) ~ \ --8 '" a a g:s cil; 0; - _ _ 52_ iL _1 _ _ 4 _ ...&1_1_2_ _ 50 3 - -49- I :;- - -- ---- _ ~ _ 1_ 5_ _ r- _47_ +-.2.. 151 _ ~6_ 7 '~';Ji:; =-15~ 40 13 ~5~ 'c i ~24 15 _ 37 16 - ILl 153 :s 1~532... _ ...17 _ _ <:( ~5 ..1B _ .... _ 34. _ 19 U _15;!!33_ -20 - ~_ ILl 32 21- 1t?!.0 ~ _ 31 _ 22 0 _ 30 23 Cl:: _ _ 2:i.- - 24 1550 Q.. ")ll.. 25 CI) -:ff r1) 26 - ~L~ 1 841 - - C'"- ~ 2 44 3 155 - - - - - - 43 4 f- - 42 5 156 - - - 41 6 - - .!..,56< - - 40 I-~ - 39 8 - 3!!... _ 9 156 - - - 37 10 Zoning Map Zoning MDR I 2 ~~ " WOODLA WN ST Attachment number 2 Page 4 of 6 /404 ~ ~- t\I: i> ~ " l ,-l ~ ~ ~5__1_ I -i ;;;'52 ..J_gs40 '" C5'" _ 12.1 _ _2 _ :::... 50 _3__ _....19_ 4 _ _.=!.8__5__ 1511 47 6 _ _ 49-. L ~12 2:15_45_ 8 44 ~ _15J1i. _15!!! <& .1Q _ _ 42 11 41 12 1522 -40~~ 13- - -39: ~1:I14 ~27_38_ _1s_1~8 37 16_ _ ILl _ 36 _ 17 ::::. 1535 35 18 <:( -;;- I' 19 -1536 ~ 1539 33 20 153 <: - 32 - 21- - ~ _ 31 22 1542 ILl 1543 ,,]0 _ 23 29 24 1!!...49"";>8_ _25 -_- 1551 27 26 46 1 155545 - - - 2 - - - 909- 44 .1. - - 112.61.=!.3 - - 4 - 42 5 41 2- 1562 - - - 1565 40 7 156739 ~ 1566 - - 38 9 37 -= 10 1570 Case: Property Size(Acres): 1484 14797 .1j81..!!. _ _14/!l9_ .!!~5 ~ _14 11 14 12 r1 1498 '" 0; " ill f--L 21500 - 1. _ &504 42 ~G 1503 - !L _ f- _6 - 7 ,,'c - 8 '9 - - 101514 11 OS/R - - 1;1520 13 ~~i24 ~15_ 1535 16" "n 85 - 17 - - - - 1115321 ! 84 - 19 - - - - 201536 83 - 211538 - - - - 22 82 I 81 5 154723 - I 24 wags I - 26 w ~ 1 13 I O:I~ 80 179 58 --- - 1- __ 4 5 78 - - - - - 6156 7....!5~ 77 - - fL 15m; 101570 - - f-- LUZ2007-06003 0.123 acres PI N: 22/29/1 5/07938/003/0110 314A S:\Planning DepartmentlC D EiLand Use Amendments IL UZ 2007\LUZ2007-06003 -1520 S Prospect Ave - Woodlawn Church of GodlMaps IMap Request. doc Atlas Page: Item # 9 Attachment number 2 Page 5 of 6 I ,..<J.. E) cp \ --8 co Q Q .., .... ... co co Cl) 2 ~~ 1484 149 ~ ~ -t'J1 ] ~ ~ { -- "J'-" - ~5 - 1- _..2__ 1479r I 148:!f!. __ 1483;) -1495,0- 149711 - ~ -1~9,2- . ulti- fam "ly - Resi&nti",I ~~le~I~: Q. ~slde~~] ., \J) co ~ ~~ ~ ~ 8 3.23 Ac(C) co ... Cl) 60 - ~ ... ~G 1503 1535 85 - - - 84 83 c (C) I 81 I 1 ,\ \:, :~:,:, ., I I~I I 155346 \~ 1 I 6 17 8 tJo _ _ _ ~1~4 1at566 - - - - _ 111568 11570 _ _ _131~7~ _ -.35_ 44 43 156142 41 156 510 - 39 - ...!56_~_ - 1- _ - 78 - -- 77 37 - fL _ 10157 157(3 Existing Land Use Map Owners: Woodlawn Church of God Case: LUZ2007-06003 Site: 1520 S Prospect Avenue Property Size(Acres): 0.123 acres Land Use Zoning PI N: 22/29/1 5/07938/003/0110 From: To: RU MDR Atlas Page: 314A S:\Planning DepartmentlC D EiLand Use Amendments IL UZ 2007\LUZ2007-06003 -1520 S Prospect Ave - Woodlawn Church of GodlMaps IMap Request. doc Item # 9 View looking southwest at S. Prospect Avenue, near site View looking northwest at site View looking southwest at site Attachment number 2 Page 6 of 6 View looking south at S. Prospect Avenue, from Woodlawn Street View looking west at site View looking north, from S. Prospect Avenue toward Woodlawn St. LUZ2007-06003 Woodlawn Church of God 1520 S Prospect Avenltem # 9 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7852-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF SOUTH PROSPECT AVENUE, APPROXIMATELY 300 FEET SOUTH OF THE INTERSECTION OF WOODLAWN STREET AND SOUTH PROSPECT AVENUE, CONSISTING OF LOTS ELEVEN AND TWELVE, BLOCK C, SECOND ADDITION TO BELMONT SUBDIVISION WHOSE POST OFFICE ADDRESS IS 1520 SOUTH PROSPECT AVENUE, FROM INSTITUTIONAL 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 CateQorv Lots 11 and 12, Block C, Second Addition From: Institutional To Belmont Subdivision, according to map or Plat thereof as recorded in Plat Book 6, Page 88, To: Residential Urban Public Records of Pinellas County, Florida (LUZ2007 -06003) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 9 Ordinance No. 7852-07 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7853-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOUTH PROSPECT AVENUE, APPROXIMATELY 300 FEET SOUTH OF THE INTERSECTION OF WOODLAWN STREET AND SOUTH PROSPECT AVENUE, CONSISTING OF LOTS ELEVEN AND TWELVE, BLOCK C, SECOND ADDITION TO BELMONT SUBDIVISION WHOSE POST OFFICE ADDRESS IS 1520 SOUTH PROSPECT AVENUE, FROM INSTITUTIONAL (I) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, 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 11 and 12, Block C, Second Addition To Belmont Subdivision, according to map or Plat thereof as recorded in Plat Book 6, Page 88, Public Records of Pinellas County, Florida (LUZ2007 -06003) ZoninQ District From: Institutional (I) To: Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7852-07 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 s163.3189, 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 Item # 9 Ordinance No. 7853-07 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the 2007 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Emergency Medical Services Authority (EMS Authority) is a special district created for the purpose of providing Emergency Medical Services (EMS) throughout Pinellas County, pursuant to Chapter 80-585, Laws of Florida, and Chapter 54, Article III, Pinellas County Code, as amended. Pinellas County has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services and has also contracted with an Ambulance Contractor to provide emergency and non-emergency transport services. In 1997 the EMS Authority signed a lO-year agreement with the contract providers that will expire on September 30,2007. The EMS Authority and the contract providers have negotiated a new 5-year Agreement commencing October 1, 2007 and ending at midnight September 30, 2012. Through this contract, Clearwater Fire & Rescue will provide advanced life support services to the residents of the City of Clearwater and to individuals within the unincorporated area of Pinellas County that is located within the Clearwater Fire Control District. The City of Clearwater has 6.49 square miles of unincorporated land located within the Clearwater Fire Control District. Pinellas County will pay Clearwater Fire & Rescue a fixed annual compensation to be paid in equal installments monthly in arrears beginning on November 1,2007. Annual compensation for the fiscal year commencing October 1,2007 shall be $5,206,364.23, which is $1,351,665.67 over the current fiscal-year payment of $3,854,698.56. The contract contains an "Automatic Annual Inflation Adjustment," which adjusts the annual compensation on October 1 of each year by the lesser of the percentage increase in the Municipal Cost Index for the most recent 12 month for which figures are available or 5.5 percent, but in any event, no lower than 3 percent. The current contract also contains an adjustment for extraordinary fuel costs. 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 Cover Memo Item # 10 2007 EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT OCTOBER 1, 2007 PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY 12490 Ulmerton Road Largo, FL 33774 Attachment number 1 Page 1 of 1 Item # 10 PARTIES RECITALS SECTION 101. SECTION 102. SECTION 103. SECTION 104. Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page I TABLE OF CONTENTS _________________________________________________________________________________________________ 1 _________________________________________________________________________________________________ 1 ARTICLE 1 THE AGREEMENT Purpose ______________________________________________________-------------------------------- 2 Coo pe ratio n --------------------------------------------------------------------------------- 2 Contra ct Doc u m e nts ---------------------------------------------------------------------- 2 Scope of Services ------------------------------------------------------------------------- 3 ARTICLE II DEFINITIONS SECT ION 201 . Word sand Terms ------------------------------------------------------------------------- 4 S E C T ION 202 . Term s Ge ne ra Ily --------------------------------------------------------------------------- 12 ARTICLE III REPRESENTATIONS SECTION 301. Representations of Authority ----------------------------------------------------------- 12 SECT ION 302. Rep rese ntati on s of Contra cto r --------------------------------------------------------- 1 3 SECTION 401. SECTION 402. SECTION 403. SECTION 404. SECTION 405. SECTION 406. SECTION 407. SECTION 408. SECTION 409. SECTION 410. SECTION 411. SECTION 412. SECTION 413. SECTION 414. SECTION 415. ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR V eh icles and Eq u ipment ----------------------------------------------------------------- 14 Priority Dispatch Protocols -------------------------------------------------------------- 16 Response Time ---------------------------------------------------------------------------- 16 Contin u ing Med ical Ed ucation --------------------------------------------------------- 17 Medical Quality Control------------------------------------------------------------------ 18 Med ica I Aud its------------------------------------------------------------------------------ 1 9 P e rso n n e 1------------------------------------------------------------------------------------ 1 9 Disaster Assistance and Mutual Aid-------------------------------------------------- 21 Automatic Aid/C losest Unit Response ----------------------------------------------- 22 Medical Supplies and Inventory Control--------------------------------------------- 22 Patient Care Reporting System ------------------------------------------------------- 23 Requests for Emergency Medical Assistance ------------------------------------- 24 Com m unity I nvo Iveme nt ----------------------------------------------------------------- 24 Li ce n sure and C e rt ifi ca t ion ------------------------------------------------------------- 24 S ha red R ecog n itio n ----------------------------------------------------------------------- 25 Item # 10 SECTION 501. SECTION 502. SECTION 503. SECTION 504. SECTION 505. SECTION 506. SECTION 507. SECTION 508. SECTION 509. SECTION 601. SECTION 602. SECTION 603. SECTION 701. SECTION 702. SECTION 703. SECTION 704. SECTION 705. SECTION 706. SECTION 707. SECTION 708. SECTION 709. SECTION 710. SECTION 711. SECTION 712. SECTION 713. SECTION 714. Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page \I ARTICLE V DUTIES AND RESPONSIBILITIES OF AUTHORITY Med ical Di rection and Control---------------------------------------------------------- 25 Continuing Medical Education --------------------------------------------------------- 25 Med ical Com m u n ications Eq u ipment ------------------------------------------------ 25 Med ica I S u pp I ies -------------------------------------------------------------------------- 26 Extra 0 rd i nary Mod ificati 0 ns ------------------------------------------------------------- 26 E3illing -----------------------------------------------------------------------------------------27 Med ica I Eq u i p me nt M a i nten a n ce ----------------------------------------------------- 27 E3iohazard Waste Collection ------------------------------------------------------------ 27 Patient Care Reporting System Equipment ---------------------------------------- 27 ARTICLE VI INSURANCE AND INDEMNIFICATION M i n i mum Ins u ra n ce Req u i reme nts --------------------------------------------------- 28 Add itiona I Ins u ra n ce R eq u i reme nts -------------------------------------------------- 29 L i a b i I ity --------------------------------------------------------------------------------------- 30 ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS Com pen s at ion ------------------------------------------------------------------------------ 30 Deduction for Failure to Comply With Response Time Requirements------ 31 Deduction for Failure to Provide First Responder Unit-------------------------- 31 Oed uctio n fo r N on com p I ia n ce --------------------------------------------------------- 32 Deduction for Faulty Documentation & Transport Protocol Compliance -- 32 Automatic An n ua I Inflation Adj ustment ---------------------------------------------- 33 Adjustment for Extraordinary Cost Increases-------------------------------------- 33 Pe rfo rm a n ce Com pensation ----------------------------------------------------------- 34 Funds to E3e Used Solely For EMS First Response------------------------------ 35 F utu ref Add itiona I Services -------------------------------------------------------------- 35 Se rv i ce Con so lid ati 0 n -------------------------------------------------------------------- 36 Add itiona I Units ---------------------------------------------------------------------------- 36 Aud its and I nspections ------------------------------------------------------------------- 37 F isca I Non - Fund i ng ----------------------------------------------------------------------- 38 Item # 10 SECTION 801. SECTION 802. SECTION 803. SECTION 901. SECTION 902. SECTION 903. SECTION 904. SECTION 905. SECTION 906. SECTION 907. SECTION 908. SECTION 909. SECTION 910. SECTION 911. Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page III ARTICLE VIII TERM AND TERMINATION T~rm ------------------------------------------------------------------------------------------ 38 Term i n at ion --------------------------------------------------------------------------------- 39 Resol ution of Disputes ------------------------------------------------------------------- 39 ARTICLE IX MISCELLANEOUS Non disc ri m i n a ti 0 n in Em p I 0 ym e nt ---------------------------------------------------- 40 N oti ces --------------------------------------------------------------------------------------- 4 1 Entire and Complete Agreement ------------------------------------------------------ 41 Oth e r D ocu men ts-------------------------------------------------------------------------- 4 1 A P P I i ca b I e Law ----------------------------------------------------------------------------- 42 Waive r ---------------------------------------------------------------------------------------- 42 Seve ra b i I ity ---------------------------------------------------------------------------------- 42 Contra ct 0 r I sin d e pe n dent Co nt ra ct 0 r ----------------------------------------------- 42 No Th i rd - Party Be neficia ries; Assig n m e nt ------------------------------------------ 43 He a din g s------------------------------------------------------------------------------------- 43 Co un te rp a rts -------------------------------------------------------------------------------- 43 Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Paqe 1 EMERGENCY MEDICAL SERVICES ALS FIRST RESPONDER AGREEMENT AGREEMENT made this day of ,2007, between CITY OF CLEARWATER, a Florida municipal corporation ("Contractor"), and the PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY, a special district ("Authority"). RECITALS 1. The Authority is a special district created for the purpose of providing Emergency Medical Services throughout Pinellas County ("County"), pursuant to Chapter 80-585, Laws of Florida and Chapter 54, Article III, Pinellas County Code, as amended ("The Acts"). 2. The Authority has determined that a single-tier all Advanced Life Support ("ALS") EMS system with a first responder component and a transport component is in the best interest of public safety, health and welfare. 3. The Authority has contracted with various municipalities and independent special fire districts in the County to provide First Responder Services (as defined herein) and has also contracted with an Ambulance Contractor to provide ALS emergency and non-emergency transport services. 4. The Authority wishes to enhance the current "high performance" Pinellas County EMS System by continuing to have performance based contracts for First Responder Services (as defined herein). Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 2 5. The Authority wishes to continue to provide long-term direction and financial stability to the entire Emergency Medical Services system while controlling and managing the future growth of the First Responder Services through the funding policies contained herein. 6. Authority is authorized to enter into agreements for Emergency Medical Services and the Contractor is willing and able to provide First Responder Services (as defined herein). Now, therefore, in consideration of the mutual covenants, terms and conditions herein set forth to be kept and performed by and between the parties hereto, it is agreed as follows: ARTICLE I THE AGREEMENT Section 101. PURPOSE. The purpose of this Agreement is to define the obligations and responsibilities of the Parties hereto with respect to the provision of ALS First Responder Services in the County. SECTION 102. COOPERATION. The Parties shall cooperate and use all reasonable efforts, pursuant to the terms of this Agreement, to facilitate the terms of this Agreement. Accordingly, the Parties further agree in good faith to mutually undertake resolution of disputes, if any, in an equitable and timely manner so as to limit the need for costly, time-consuming, adversarial proceedings to resolve such disputes. SECTION 103. CONTRACT DOCUMENTS. The following Appendices are attached to and made part of this Agreement: Appendix A. ALS First Responder Units Appendix B. Annual Compensation For Fiscal Year 2007-2008 Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 3 Appendix C. ALS First Responder Contractors Appendix D. EMS Districts Appendix E. On-Scene Equipment Exchange Items Appendix F. EMS Equipment Appendix G. Performance Compensation This Agreement, together with the foregoing Appendices, constitutes the entire Emergency Medical Services ALS First Responder Agreement between the Parties with respect to the provision of ALS First Responder Services, and shall supersede any prior agreement, contract or memorandum of understanding between the Parties regarding such services. The Parties agree that the terms and conditions of this Agreement, including the Appendices, shall govern exclusively the obligations of the Parties. SECTION 104. SCOPE OF SERVICES. The services to be performed by the Contractor under this Agreement include the following: (a) The response of an ALS First Responder Unit to the scene of an EMS Incident. (b) The on-scene Patient care by FieldPersonnel. (c) The continuation of Patient care, when Contractor's Paramedic accompanies the Patient during transport by the Ambulance Provider or medical helicopter. The transport of Patients to a medical facility, in extraordinary circumstances, in accordance with Florida Statute 401.33 and the then current Medical Operations Manual, Transport Protocols. Such services shall be provided in accordance with the terms and conditions of this Agreement. The specific terms and conditions of this Agreement shall govern and prevail over this Section 104. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 4 ARTICLE II DEFINITIONS SECTION 201. WORDS AND TERMS. Unless the context otherwise requires, capitalized terms used herein shall have the following meanings ascribed to them: "ALS" means Advanced Life Support. "ALS First Responder Services" means the response of an ALS First Responder Unit to an EMS Incident and, if necessary, on-scene Patient care by EMTs and Paramedics, all in accordance with the protocols of the Authority. "ALS First Responder Station" means any location designated by the Contractor and approved by the Authority at which an ALS First Responder Unit, with the minimum staffing required herein, are located. "ALS First Responder Unit" means any of the ALS permitted vehicles provided by Contractor under this Agreement and listed on Appendix A; each of which is equipped to provide Advanced Life Support services and is used for rapid response to an EMS Incident. ALS First Responder Units may include, but not be limited to: ALS engines, transport capable rescue units and non-transport capable rescue units. "Advanced Life Support" means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the Department. "Ambulance" means a vehicle constructed, equipped and permitted as an ALS Ambulance, pursuant to the rules of the Department for the transportation of Patients. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 5 "Ambulance Contractor" means the entity selected by the Authority to provide ambulance service countywide. "Annual Compensation" means the fixed professional services fee listed on Appendix B, as may be adjusted pursuant to the terms of this Agreement. "At Patient Notification" means the time of arrival of a Paramedic to the Patient's side. "Authority" means the Pinellas County Emergency Medical Services Authority, a special district established by Chapter 80-585, Laws of Florida, as amended. "Authority Funded Unit" means an ALS First Responder Unit authorized and funded by the Authority pursuant to the terms of this Agreement. "Automatic Aid/Closest Unit Response Agreement" means the Agreement by and between every political subdivision and fire control districts within Pinellas County dated October 16,1990. "BLS" means Basic Life Support. "BLS First Responder Unit" means a vehicle equipped to provide Basic Life Support only. "Basic Life Support" means treatment of medical emergencies by a qualified person through the use of techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. "CAD" means the computer aided dispatch system. "Caller" means a person accessing the response system by telephone. "Continuing Medical Education" or "CME" means (1) the minimum required continuing medical education required for Emergency Medical Technicians and Paramedics to maintain certified status within the EMS System, the State of Florida, and where Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 6 applicable, the National Registry of Emergency Medical Technicians; and (2) education for individuals who have a specific deficiency that must be corrected to maintain or restore their status within the EMS System. "Contract Year" means, during the term of this agreement, the period commencing on October 1st and ending at midnight on September 30th of the following year. "Contractor" means anyone of the entities described on Appendix C. "Contractor Funded Unit" means an ALS First Responder Unit, approved by the Executive Director, which is funded and operated by the Contractor for their operational flexibility, but, the additional Unit is not necessary for the Contractor to meet its obligations under the terms of this Agreement. "County" means Pinellas County, Florida, a political subdivision of the State of Florida. "County Certified" means authorized to work in the EMS System in accordance with requirements established by the Medical Control Board, the Medical Director and approved by the Authority. "Department" means the State of Florida Department of Health. "Disaster" means an occurrence of a severity and magnitude that normally results in death, injuries and/or property damage and that can not be managed through routine procedures and resources of the EMS system. "Emergency Medical Technician" or "EMT" means any person who is trained in Basic Life Support, who is County Certified and who is certified by the Department to perform such services in emergency situations. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 7 "Emergency Medical Services" or "EMS" means the services provided by the Contractor pursuant to Section 104. "EMS Advisory Council" means the advisory board established by Chapter 80-585, Laws of Florida as codified in Chapter 54, Pinellas County Code. "EMS Districts" means the districts designated by Authority pursuant to the Special Act and shown on Appendix D attached hereto and made a part hereof. "EMS Emergency" means any occurrence or threat thereof in the County, any municipalities therein or in any surrounding county or counties which may result in unusual system overload and is designated such by the Executive Director or Authority. "EMS Equipment" means the equipment listed on Appendix F, as may be amended from time to time by the Executive Director. "EMS Incident" means an emergency or non-emergency request processed through the 9-1-1 Center that needs or is likely to need medical services. "Emergency Response" means, for the purposes of measuring response time compliance in Section 403, the act of responding to a request for services in which the Priority Dispatch Protocols have determined that red lights and sirens will be used. "EMS Mill" means the ad valorem real property tax imposed by the Authority pursuant to the "Special Act", Laws of Florida, as amended. "EMS Ordinance" means Chapter 54, Article III of the Pinellas County Code, as may be amended. "EMS System" means the network of organizations and individuals, including, but not limited to the Authority, Ambulance Contractor, the Contractors, the EMS Advisory Council, the Medical Control Board and the Medical Director, established to provide Emergency Medical Services in Pinellas County. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 8 "Executive Director" means the Director of the EMS System, or his or her designee. "First Due Unit" means the Contractor's Unit, within Contractor's primary response area, predetermined to be the nearest to the EMS Incident, in accordance with Section 409 hereof. "Field Personnel" means Paramedics and EMTs employed by Contractor. "First Responder Services" means ALS First Responder Services. "Fiscal Year" means the year commencing on October 1 of any given year and ending on September 30 of the immediately-succeeding year. "Force Majeure" means any act, event, or condition, other than a labor strike, work stoppage or slowdown, that has had or may reasonably be expected to have a direct material adverse effect on the rights or obligations of either Party under this Agreement, and such act, event, or condition is beyond the reasonable control to the Party relying thereon as justification for not performing an obligation or complying with any condition required of such Party under this Agreement, and is not the result of willful or negligent action or a lack of reasonable diligence of the Party relying thereon. Such acts or events may include, but shall not be limited to: an act of God (except normal weather conditions for the geographic area of the County), epidemic, landslide, or similar occurrence, an act of the public enemy, war, blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. "Marginal Cost" means the cost incurred by Contractor in providing First Responder Services and which cost would not be incurred if First Responder Services were terminated or had never been initiated. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 9 "Medical Audit" means a service inquiry, quality assurance review or medical review hearing by the Medical Director and/or Medical Control Board into procedures and practices of Field Personnel. "Medical Control" means the medical supervision of the EMS System provided by the Medical Director. "Medical Control Board" means the board appointed by Authority pursuant to the EMS Ordinance and having the duties and responsibilities set forth in the EMS Ordinance. "Medical Direction" means supervision by Medical Control through two-way communication or through established standing orders, pursuant to rules of the Department. "Medical Director" means a licensed physician, or a corporation, association, or partnership composed of physicians which employs a licensed physician for the purpose of providing Medical Control to the EMS System. "Medical Operations Manual" means the clinical guidelines, prepared for the EMS System and approved by the Medical Control Board, as the same may be amended from time to time. "9-1-1 Center" means the Public Safety Answering Point operated and maintained by the County for the purpose of receiving 9-1-1 calls from citizens. "On-Scene Equipment Exchange Program" means the Authority's program whereby an equipment item listed on Appendix E, which many be amended from time to time by the Executive Director, is employed by Contractor in the course of preparing a Patient for transport and the ambulance personnel replaces the same from its own on-board inventory. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 10 "Paramedic" means a person who is trained in Basic and Advanced Life Support, who is County Certified, and who is certified by the Department to perform Basic and Advanced Life Support procedures pursuant to the provisions of state statute, regulations and the Medical Operations Manual. "Party" or "Parties" means either the Authority or the Contractor, or both, as the context of the usage of such term may require. "Patient" means an individual who is ill, sick, injured, wounded or otherwise incapacitated and is in need of or is at risk of needing medical care. "Performance Compensation" means the compensation paid to Contractor pursuant to Section 708 and Appendix "G" hereof. "Prioritized Emergency Call" means for the purposes of assessing performance compensation in Section 708 and Appendix "G", an EMS Incident which has been prioritized to be an emergency response by an Emergency Medical Dispatcher following the then current Priority Dispatch Protocols. "Priority Dispatch Protocols" means the protocols adopted by the Authority, and as may be amended from time to time, governing the EMS System's response to the different types of service requests. "Response" means the act of responding to a request for services, which act begins when Contractor's Units are dispatched to an EMS Incident. "Response Time" means the period of time commencing when Contractor's Units are notified of an EMS Incident and ending when Contractor's first Unit arrives on the scene of the incident. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 11 "Rules and Regulations" means the rules and regulations adopted by the Authority on October 5, 1993, as may be amended from time to time. "Run Cards" means the 9-1-1 Center's computer aided dispatch software database that, based upon the location of the EMS Incident and a predetermined listing of Units which the Contractor has determined to be the closest by travel time or most appropriate in ranked order, recommends the closest or most appropriate Unit(s) to respond to EMS Incidents, or successor methods such as global positioning satellite (GPS) automatic vehicle location (A VL) systems. "Special Act" means Chapter 80-585, Laws of Florida, as amended. "Special Events" means non-emergency events, such as sporting events, parades, festivals and other group or mass gatherings, which may require BLS or ALS medical coverage. "State" means the State of Florida. "State of Emergency" means a Disaster which has been declared by proclamation of the State, County or a municipality in the County. "Total Unit Hour Compensation" means Unit Hour Compensation multiplied by the number of funded Contractor's Units provided by this Agreement. "Transport" means the transportation of Patients to any destination by Ambulance. "Uncontrollable Circumstance" means a Force Majeure, an EMS Emergency or a State of Emergency. "Unforeseen Circumstances" means circumstances which could not reasonably be foreseen by the Parties at the time of execution of this Agreement. "Unit or Units" means ALS First Responder Units. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 12 "Unit Compensation" means the Annual Compensation in a Fiscal Year divided by the number of funded Contractor's Units provided by this Agreement. "Unit Hour Compensation" means the Unit Compensation divided by Eight Thousand, Seven Hundred and Sixty (8,760) Hours. SECTION 202. TERMS GENERALLY. Whenever the context may require, any pronoun shall include corresponding masculine, feminine and neuter forms. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation", except as the context may otherwise require. The words "agree", "agreement", "approval" and "consent" shall be deemed to be followed by the phrase "which shall not be unreasonably withheld or unduly delayed", except as the context may otherwise require. ARTICLE III REPRESENTATIONS SECTION 301. REPRESENTATIONS OF AUTHORITY. Authority represents to Contractor that each of the following statements is presently true and correct: (a) Existing. Authority has all requisite power and authority to carry on its business as now conducted and to perform its obligations under this Agreement and each document contemplated hereunder to which it is or will be a party. (b) Due Authorization. This Agreement has been duly authorized by all necessary action on the part of, and has been or will be duly executed and delivered by Authority and neither the execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof contravenes any existing law, judgment, government rule, regulation or order applicable to or binding on Authority. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 13 (c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of Authority enforceable against Authority in accordance with the terms thereof, except as such enforceability may be affected or limited by applicable bankruptcy, insolvency or similar laws, from time to time in effect, which affect creditors rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) Financial Capability. Authority is fully capable, financially and otherwise, to perform its obligations hereunder, subject to availability of funds lawfully appropriated for the purposes provided in this Agreement. (e) No Liti~ation. There are no pending, or to the knowledge of Authority, threatened actions or proceedings before any court or administrative agency to which Authority is a party, questioning the validity of this Agreement or any document or action contemplated hereunder, or which are likely, in any case or in the aggregate to materially adversely affect the consummation of the transactions contemplate d hereunder. SECTION 302. REPRESENTATIONS OF CONTRACTOR. Contractor represents to Authority that each of the following statements is presently true and correct: (a) Existin~. Contractor is a Florida municipal corporation or independent special district having all requisite power and authority in Florida to carry on its business as now conducted, to own or hold or otherwise control its properties, and to enter into and perform its obligations under this Agreement and under each instrument described herein to which it is or will be party. (b) Due Authorization. This Agreement has been duly authorized by all necessary action on the part of; and has been duly executed and delivered by Contractor and neither the Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 14 execution and delivery thereof, nor compliance with the terms and provisions thereof or hereof contravenes any existing law, judgment, government rule, regulation or order applicable to or binding on the Contractor. (c) Enforceability. This Agreement constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws, from time to time in effect, which affect creditors rights generally and subject to usual equitable principles in the event that equitable remedies are involved. (d) No Liti~ation. There are no pending, or to the knowledge of Contractor, threatened actions or proceedings before any court or administrative agency to which Contractor is a party, questioning the validity of this Agreement of any document or action contemplated hereunder, or which are likely, in any case or in the aggregate to materially adversely affect the consummation of the transactions contemplated hereunder. (e) Financial Capability. Contractor is fully capable, financially and otherwise, to perform its obligations hereunder subject to availability of funds lawfully appropriated for the purposes provided in this agreement. ARTICLE IV DUTIES AND RESPONSIBILITIES OF CONTRACTOR SECTION 401. VEHICLES AND EQUIPMENT. (a) Obli~ation to Provide Vehicles. Subject to the application of Section 711 hereof, at all times during the term of this Agreement, Contractor shall provide the number of funded ALS First Responder Units described on Appendix A. Contractor reserves the right to select and acquire vehicles and apparatus used in the performance of this Agreement. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 15 (b) Maintenance of Vehicles and Fuel. Contractor shall be responsible for the maintenance and repair of Units and for furnishing maintenance, equipment, supplies, repairs, spare parts, replacement vehicles and fuel. Contractor shall maintain records of maintenance and fuel in order to document that Contractor's Units are maintained and used in accordance with this Agreement. (c) Staffing of Vehicles. Each Unit shall be staffed in compliance with Chapter 401, Florida Statutes, with a minimum of one (1) Paramedic. Contractor shall maintain records of staffing in order to document that Contractor's Units are staffed in accordance with this Agreement. (d) Equipment and Supplies. With the exception of equipment maintained by the Authority in Section 507, Contractor shall furnish and maintain all EMS Equipment, as required by the Authority and approved by the Medical Director. Contractor shall ensure that any new equipment utilized by Contractor in the provision of services under this Agreement is compatible with that of all other providers and shall support the Authority's efforts toward equipment standardization. Contractor shall also be responsible for the cost of replacing outdated medical supplies as provided in Section 504, which are lost through inadequate stock rotation; as well as the cost of medical supplies which are lost, stolen, damaged, or unaccounted for due to Contractor's negligence. Contractor shall be subject to the Authority's On-Scene Equipment Exchange Program. (e) Medical Communications Equipment. Contractor shall be responsible for the replacement of all medical communications equipment that is lost, stolen or damaged due to Contractor's negligence. Contractor shall also be responsible for all routine maintenance of such equipment. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 16 (f) Inspections. Contractor shall allow representatives of the Authority and of the Medical Director to inspect Units, equipment and ALS First Responder Stations as may be reasonably required to determine compliance with this Agreement. (g) Patient Care Reportin~ System Equipment. Contractor shall be responsible for the replacement of all field equipment for the Patient Care Reporting System (i.e. notebook computers, personal digital assistants, modems, etc.) that is lost, stolen or damaged due to Contractor's negligence. Contractor is responsible for providing and maintaining equivalent hardware for Contractor Funded Units. Contractor shall also be responsible for all routine maintenance of such equipment. SECTION 402. PRIORITY DISPATCH PROTOCOLS. Contractor shall respond to EMS Incidents in accordance with the then current Priority Dispatch Protocols. Contractor shall cooperate with the Authority in implementing periodic enhancements and improvements to the Priority Dispatch Protocols. SECTION 403. RESPONSE TIME. (a) EMS Incidents. Response time to not less than ninety percent (90%) of all EMS Incidents which are (1) prioritized as an Emergency Response; (2) are within the Contractor's EMS District; and (3) for which Contractor's Unit is determined, in accordance with Section 409, to be the First Due Unit, shall be within seven (7) minutes and thirty (30) seconds or less. (b) Deductions and Exemptions. (1) Failure to comply with the requirements of this Section 403 shall be subject to the deductions set forth in Section 702 hereof; provided, however, that such deductions shall Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 17 not be applicable to Responses which occur during periods of Uncontrollable Circumstances; provided, however, that Contractor shall document said conditions and shall apply for this exception as provided for in subparagraph two (2) below. (2) Should Contractor experience an Uncontrollable Circumstance, Contractor shall, as a condition precedent to the right to claim an Uncontrollable Circumstance, notify the Executive Director within three (3) business days of the occurrence. (3) Responses to remote or areas of limited accessibility, as requested by the Contractor and approved by the Executive Director, may be exempted from Response Time calculations. (4) The exemptions provided for in this subsection (b) are exhaustive and no other cause of poor Response Time performance shall be allowed as exemptions to these Response Time requirements and reporting provisions. (5) The exemptions provided for in this subsection (b) shall be excluded from Performance Compensation calculations, as defined in Section 708 hereof. SECTION 404. CONTINUING MEDICAL EDUCATION. Contractor shall make available its personnel for Continuing Medical Education as required by state regulation and the Medical Control Board. Satisfactory participation by Contractor's personnel in Continuing Medical Education provided and made available by the Authority shall constitute fulfillment of this obligation. Contractor shall be responsible for ensuring that its personnel attend Continuing Medical Education training, either in classroom based training or distance learning methods as determined by the Medical Director, in accordance with the Rules and Regulations. Contractor may prepare and submit to the Executive Director a report evaluating performance of the CME Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 18 program. Contractor shall use any prepared forms that the Authority requests it to use for this evaluation. SECTION 405. MEDICAL QUALITY CONTROL. (a) Medical Director. The Medical Director of the EMS System shall also serve as medical director of Contractor's First Responder Services. Contractor may not use or employ another Medical Director for the provision of Emergency Medical Services within Contractor's EMS District. (b) Rules and Regulations: Protocols. Contractor shall fully comply with the Rules and Regulations, including the protocols established in the Medical Operations Manual. (c) Ride-Along. Contractor shall allow the Medical Director and the Executive Director or their representative to ride in Contractor's Units during responses to medical emergencies. However, such representatives shall conduct themselves in a professional and courteous manner, shall not interfere with Contractor's employees in the performance of their duties, except as necessary to assure protocol compliance and good Patient care, and shall at all times be respectful of Contractor's employee/employer relationship. Medical Director, Executive Director, or their representatives, shall provide proof of employment, proof of workers' compensation insurance and complete any waiver or release forms which may be required by the Contractor prior to riding in Contractor's Units. (d) On-Scene Patient Care. Contractor shall comply at all times with the Authority's protocol for on-scene control of Patient care. If Contractor's Paramedic is requested or decides to ride to the hospital with the Ambulance Contractor's Paramedic, Contractor's Paramedic shall comply and, Contractor shall be responsible for the return of the Paramedic. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 19 (e) Special Events. In the event Contractor provides either BLS or ALS medical coverage at a Special Event in their EMS District, Contractor shall be under the auspices of the Authority, the Medical Control Board and the Medical Director. In providing medical coverage at a Special Event, Contractor shall comply with the Rules and Regulations and with the protocols established in the Medical Operations Manual. ALS First Response units funded under this Agreement will not be used for dedicated special events coverage without the written approval of the Executive Director. Contractor and Authority will notify each other of large scale Special Events, which may require additional resources or adversely affect the EMS System, to ensure coordinated event coverage. (f) Quality Assurance. Contractor shall adhere to and assist in the Quality Assurance and Quality Management Program established by the Medical Director. SECTION 406. MEDICAL AUDITS. Medical Audits may include access to data, records review, written and verbal statements, and attendance at interviews and informal and formal hearings, in accordance with the then current Rules and Regulations and Florida Statute 401.425. Contractor shall provide full cooperation and ensure that its Field Personnel attend Medical Audits when requested. SECTION 407. PERSONNEL. (a) Training and Qualifications. All Field Personnel employed by the Contractor in the performance of work under this Agreement shall be trained and qualified at a level consistent with the standard established by the Authority for delivering Patient care and shall hold appropriate credentials in their respective EMS profession. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 20 (b) Standard of Conduct. Contractor's personnel shall conduct themselves in a professional and courteous manner at all times. The Contractor shall address and correct any departures from this standard of conduct. Contractor's Field Personnel shall be easily identified as EMTs or Paramedics while on scene of an EMS Incident. (c) Part-Time Employment. Contractor shall not unreasonably restrict its employees from seeking or performing part-time employment with Authority's Ambulance Contractor and Office of the Medical Director. (d) EMS Coordinator. Contractor shall designate a County Certified Paramedic as the EMS Coordinator who will be responsible for performing or supervising, at a minimum, for: (1) Reviewing Patient care records in accordance with procedures established by the Medical Director. (2) Responding to EMS Incidents and overseeing Patient care in accordance with procedures established by the Medical Director. (3) Monitoring Contractors' EMS personnel to ensure compliance with CME requirements. (4) Monitoring Contractors' EMS personnel to ensure clinical competence and good customer service. (5) Attending and actively participating in EMS related meetings and quality improvement committees. If, at the effective date of this Agreement, Contractor has employed or designated as an EMS Coordinator a non-County Certified Paramedic, then that employee will be allowed to continue as the EMS Coordinator until the position becomes vacant, at which time the successor must be a County-certified Paramedic. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 21 SECTION 408. DISASTER ASSISTANCE. EMS EMERGENCY AND MUTUAL AID (a) Disaster Assistance Within Pinellas County. Immediately upon notification by the Authority of a State of Emergency within Pinellas County, Contractor shall commit such resources as are necessary and appropriate, given the nature of the disaster, and shall assist in accordance with applicable plans and protocols. During such periods, the Contractor shall be released from the requirements of Section 403 and will not be subject to the deductions provided for in Section 702. When disaster assistance has been terminated, the Contractor shall notify the Authority's authorized representative that Contractor is able to resume normal operations considering exhaustion of personnel, need for restocking and other relevant considerations. (b) Disaster Assistance Outside of Pinellas County. The Contractor shall manage any disaster assistance response outside of Pinellas County in a manner which does not jeopardize the Contractor's ability to render reliable services under this Agreement. (c) EMS EmerQency. Immediately upon notification by the Authority of an EMS Emergency, Contractor shall assist in the locality where the EMS Emergency has occurred. During such periods, the Contractor shall be released from the requirements of Section 403 and will not be subject to the deductions provided for in Section 702, until notified by Authority's authorized representative that EMS Emergency assistance may be terminated. When the EMS Emergency has been terminated, the Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need for restocking, and other relevant considerations. During the course of an EMS Emergency, Contractor shall use best efforts to continue to provide local ALS emergency coverage. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 22 (d) Mutual Aid. Normal (non-disaster or EMS Emergency related) mutual aid responses outside of Pinellas County, rendered by the Contractor, shall be performed in accordance with the terms and conditions of this Agreement. SECTION 409. AUTOMATIC AID/CLOSEST UNIT RESPONSE. Upon notification by the 9-1-1 Center of an EMS Incident, Contractor shall provide ALS First Responder Services in accordance with the Automatic Aid/Closest Unit Response Agreement. The ALS First Responder Unit which is predetermined to be the closest to the emergency scene, by the Runcards, shall be dispatched without regard to EMS District or jurisdictional boundaries. In the event that the Automatic Aid/Closest Unit Response Agreement is terminated, Contractor shall provide ALS First Responder Services in accordance with the then current Runcards for all EMS Incidents. The Contractor's authorized representative will periodically, or at the request of the Authority, update their Runcards to insure their accuracy and coordinate any changes with any affected Contractor(s). SECTION 410. MEDICAL SUPPLIES AND INVENTORY CONTROL. Contractor shall establish and implement inventory control procedures for the stocking and use of medical supplies. Contractor shall report, as of September 30th during each year this Agreement is in effect, the balance of all medical supplies held by the Contractor in inventory. Such report will list the item's identification number, the item's description, and the quantity held. Contractor will report the quantity of medical supplies which are lost, damaged, or unaccounted for, due to Contractor's negligence, and medical supplies unusable due to inadequate stock rotation. Contractor agrees to not maintain more than thirty (30) days of medical supplies in stock based Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 23 upon historical use. Contractor shall maintain inventory records that identify all Unit supplies issued from stock, and will keep stock under lock so that access is limited to only authorized personnel. Contractor shall adhere to inventory control procedures that the Authority may require, as long as they are reasonable and prudent. Contractor shall follow all federal, state and local laws and protocols in the distribution and handling of controlled substances. Contractor shall provide list of personnel authorized to receive controlled substances from the warehouse and any change to such list. SECTION 411. PATIENT CARE REPORTING SYSTEM. Contractor shall assist the Authority in designing and implementing a fully-integrated, electronic patient care reporting system. This system shall meet the information needs of the Contractor, the Medical Director, the Medical Control Board and the Authority. Contractor shall gather and enter data into the Authority's electronic patient care reporting system for every Patient encountered and every EMS Incident responded to by the Contractor's Field Personnel. Design, procurement, implementation timeline and operating costs of this information system shall be the responsibility of the Authority. The Executive Director shall determine the start date and implementation timeline to ensure seamless implementation in the EMS System. The database of the Authority's electronic patient care reporting system shall be fully comprehensive, including complete and integrated information on all EMS System activities beginning with the receipt of an EMS Incident; dispatch activities and response times; every patient assessment and all treatment rendered while Contractor's Field Personnel are attending the Patient. Contractor shall require Field Personnel to comply with the completion of paper reports and the data entry requirements of the EMS System and insure the accuracy and Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 24 completeness of such reports, as approved and periodically revised by the Authority. Authority agrees that the procedures used to implement and operate the electronic patient care reporting system shall not be unduly burdensome. Contractor shall have unlimited access, regardless of storage location or medium, to electronic patient care reports generated by the Contractor's personnel and all dispatch-related data. SECTION 412. REQUESTS FOR EMERGENCY MEDICAL ASSISTANCE. Should Contractor receive any request for emergency medical assistance, including walk-ins, Contractor shall record the address and telephone number of the caller, obtain the location and nature of the emergency, shall immediately respond to the request for emergency medical assistance, if appropriate, and shall immediately advise the 9-1-1 Center of the information received, and the response initiated by Contractor, if any. SECTION 413. COMMUNITY INVOLVEMENT. Contractor is encouraged to make available to their local community, health promotions and prevention education (i.e., CPR training, public access defibrillation programs, drowning prevention, health risk assessments). The programs may be developed by the individual contractor or in coordination with the Medical Director or the Authority. SECTION 414. LICENSURE AND CERTIFICATION. Contractor shall maintain licensure with the Department as an ALS non-transport provider. Contractor or Contractor's employees, as the case may be, shall be responsible for any fees associated with EMS and Paramedic certification and recertification. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 25 SECTION 415. SHARED RECOGNITION. Contractor and the Authority shall promote, protect and enhance the reputation of the Authority, the Contractor, the Authority's service trade name and the Pinellas County EMS System throughout the term of the Agreement. Any news releases, statements, or public information given by the Contractor's or Authority's personnel to the public or the media shall be consistent with the design and operation of the EMS System. ARTICLE V DUTIES AND RESPONSIBILITIES OF AUTHORITY SECTION 501. MEDICAL DIRECTION AND CONTROL. The Authority shall be responsible for providing, or causing to be provided, Medical Direction and Medical Control to the Contractor. SECTION 502. CONTINUING MEDICAL EDUCATION. Authority shall provide and make available to Contractor a Continuing Medical Education training program at multiple, regionally- located training sites and not at a single, centralized training site. Authority shall endeavor to utilize distance learning methodologies and technology to deliver CME training whenever possible. SECTION 503. MEDICAL COMMUNICATIONS EQUIPMENT. Authority has provided, or shall provide, as applicable, one (1) 800 MHZ Mobile Radio, one (1) UHF Mobile Radio and one (1) 800 MHZ Portable Radio for each funded Unit approved on Appendix A. The radio equipment shall be installed in ALS First Responder Units by the Contractor and become their Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 26 property. Contractor shall be responsible for such equipment, as provided for in Section 401 (e) hereof. Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. SECTION 504. MEDICAL SUPPLIES. Authority shall provide and replace, as necessary, without cost to the Contractor, the medical supplies used by Contractor in rendering Patient care under this Agreement. Authority shall deliver, or cause to be delivered, all medical supplies, except controlled substances, on a bi-weekly basis to Contractor's designated medical supply receiving location. Contractor's authorized representative shall sign for and pick up controlled substances at a central location designated by the Authority. Authority shall not be responsible for costs of replacing inventory items lost, stolen, damaged or unaccounted for due to negligence and for costs of replacing items remaining in stock past their respective expiration dates. Where applicable, Contractor shall relocate supplies nearing their expiration dates to ALS First Responder Units serving areas of higher demand within their EMS District. All medications and supplies shall be returned to the Authority not later than sixty (60) days after the respective expiration dates. If such medications and supplies are not returned to Authority within sixty (60) days after their respective expiration dates, Contractor shall be charged for the replacement of such supplies. SECTION 505. EXTRAORDINARY MODIFICATIONS. Notwithstanding the provision of Section 401 (b) hereof, Authority shall separately provide and fund any modifications to Units or equipment which may be required by the Authority and which do not constitute routine maintenance, repair or replacement. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 27 SECTION 506. BILLING. The Authority shall have sole responsibility for submitting claims for transports made by either the Authority or by Contractor. SECTION 507. MEDICAL EQUIPMENT MAINTENANCE. The Authority shall be responsible for providing, or causing to provide, all preventive maintenance, calibration and repair of electrocardiogram (EKG) monitoring/defibrillation equipment and pulse oximetry/capnography equipment for Authority-approved ALS First Responder Units. Contractor shall be responsible for any repairs that are necessary due to Contractor's negligence. SECTION 508. BIOHAZARD WASTE COLLECTION. The Authority shall provide or cause to be provided, the collection and disposal of all biohazard waste from ALS First Responder Stations on a periodic basis, no less than monthly. Contractor shall follow any procedures necessary for biohazard waste to be collected. SECTION 509. PATIENT CARE REPORTING SYSTEM EQUIPMENT. Authority shall provide, as applicable, one (1) notebook computer or personal digital assistant for each Authority Funded Unit approved on Appendix A. The equipment shall be utilized on Authority Funded ALS First Responder Units by the Contractor for the purpose of completing electronic patient care reports. Only Authority authorized software and peripherals may be utilized to ensure a highly reliable and coordinated system. The equipment shall become the property of the Contractor. Contractor shall be responsible for such equipment, as provided for in Section 401 (g) hereof. Authority shall be responsible for replacing such equipment at the end of a reasonable useful life, as determined by the Authority. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 28 ARTICLE VI INSURANCE AND INDEMNIFICATION SECTION 601. MINIMUM INSURANCE REQUIREMENTS. Contractor shall be self- insured or shall pay for and maintain at least the following insurance coverages and limits as listed below. Insurance coverages and limits shall be evidenced by delivery to the Authority of: a certificate of insurance executed by the insurer(s) listing coverages and limits, expiration dates and terms of policies and all endorsements whether or not required by the Authority, and listing all carriers issuing said policies; and, a certified copy of each policy, including all endorsements. Where applicable, Contractor shall submit to Authority a letter from Contractor's Attorney stating that Contractor is self-insured, the amount of insurance per claim and per occurrence, any gap and the amount of excess insurance up to its coverage. The following insurance requirements shall remain in effect throughout the term of this Agreement: (a) Contractor agrees to be independently and fully responsible for the acts of their employees and agents, to the extent provided by Florida Law. Contractor does not waive any immunity or limitation of liability it may have under the doctrine of sovereign immunity or Section 768.28 Florida Statutes. (b) Provide Workers' compensation insurance as required by Florida Law. (c) Provide commercial general liability, employers' liability and commercial vehicle liability insurance in limits of $100,000 per occurrence, with $200,000 aggregate. The limits required reflects the limits of liability for governmental entities in accordance with Section 768.28, F.S., should the State Legislature change these limits, coverage consistent with law shall be obtained. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 29 (d) Professional Liability Insurance, including errors and omissions, with minimum limits of $1,000,000 per occurrence; if occurrence form is available; or claims made form with "tail coverage" extending three (3) years beyond the ending date of this agreement. In lieu of "tail coverage" the Contractor may submit annually to the Authority a current certificate of insurance proving claims made insurance remains in force throughout the same three (3) year period. This coverage is subject to statutory and regulatory requirements of Federal, State or local law. (e) Personal and/or Bodily Injury including death and property damage liability Insurance with minimum limits of $1,000,000 Combined Single Limit insurance in excess of all primary coverage. SECTION 602. ADDITIONAL INSURANCE REQUIREMENTS. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that forty-five (45) days prior to expiration, cancellation, non-renewal or any material change in coverages or limits, a notice thereof shall be given to Authority. Contractor shall also notify Authority within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material changes in coverage received by said Contractor from its insurer. (b) Companies issuing the insurance policy, or policies, shall have no recourse against Authority or County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 30 (c) The Authority shall be endorsed to the required policy or policies as an additional insured, exclusive of professional liability insurance. The additional insured clause covers the actions of the Contractor while providing services under the terms of this Agreement. The Contractor is not liable for the direct negligence of the Authority, its employees or other contractors of the Authority in providing services under this agreement. (d) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by the Authority or the County, to any such future coverage, or to County's Self-Insured Retention of whatever nature. SECTION 603. LIABILITY. Contractor and Authority agree to be fully 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 any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of sovereign immunity or the limits of liability contained in Section 768.28, Florida Statutes, by the Contractor, County or Authority. Nothing herein shall be construed as consent by Contractor or Authority to be sued by third parties in any manner arising out of this Agreement. Contractor hereby waives subrogation rights for loss or damage against the Authority or the County. ARTICLE VII COMPENSATION AND OTHER FINANCIAL PROVISIONS SECTION 701. COMPENSATION. This Agreement is a fixed price Contract for the purchase, by the Authority, of First Responder Services as described herein. As consideration for such services, Authority shall pay Contractor Annual Compensation. Contractor shall be Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 31 paid monthly in arrears and payments shall be (approximately) equal installments beginning on November 1,2007. Annual Compensation for the Fiscal Year commencing October 1,2007, shall be equal to that shown on Appendix B. To the extent applicable, in addition to the Annual Compensation, Authority shall pay to Contractor Performance Compensation, in accordance with Section 708 hereof. No additional compensation shall be paid to Contractor for transport of Patients in Contractor's Units. SECTION 702. DEDUCTION FOR FAILURE TO COMPLY WITH RESPONSE TIME REQUIREMENTS. Failure of Contractor to meet the Response Time requirement of Section 403(a) shall result in the deduction from the Annual Compensation of One Hundred and 00/100 Dollars ($100.00) per call for only those calls which place Contractor in non-compliance. Compliance shall be computed on a monthly basis and any deductions shall be made from Contractor's last monthly payment of the fiscal year. SECTION 703. DEDUCTION FOR FAILURE TO PROVIDE FIRST RESPONDER UNIT. In the event Contractor fails to provide a Unit, or substitutes a BLS First Responder Unit instead of an ALS First Responder Unit, for an extended period (as described below) of time and without the advance approval of the Authority, the Authority may deduct an amount equal to the Contractor's Unit Hour Compensation multiplied by each hour or portion thereof for each day or portion thereof that the Contractor has failed to provide an ALS First Responder Unit and likewise for additional Units. Such deduction shall be made from the following monthly payment. For purposes of this Agreement, an extended period of time means, with respect to mechanical problems and personnel, more than four (4) consecutive hours in any given day, Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 32 and with respect to training, more than ten (10) hours in any given day; provided however that this Section 703 shall not be applicable when the Executive Director has waived the provisions of this Section 703 or when Section 711 is applicable. SECTION 704. DEDUCTION FOR NON-COMPLIANCE. In the event that Contractor fails to comply with any provision of Section IV hereof, the Authority shall deduct from Contractor's payment an amount equal to Unit Compensation divided by three hundred sixty-five (365) for each day, or fraction thereof, that Contractor is not in compliance. Such deduction shall be made from the following monthly payment. The provisions of this Section 704 shall not apply to those instances where Section 702, Section 703, or Section 705 are applicable. SECTION 705. DEDUCTION FOR FAULTY DOCUMENTATION AND TRANSPORT PROTOCOL COMPLIANCE. (a) Faulty Documentation. In the event that the Contractor transports a Patient, under the extreme circumstances authorized by the Medical Operations Manual, the Contractor shall provide a billable patient care report to the Authority. The report shall include, at a minimum, the medical reason for transport, the Patient's condition, the Patient's name, the Patient's address, the Patient's social security number, Patient's telephone number, the origin and destination of the transport, the transport mileage, and all medical care rendered. Contractor's personnel shall obtain the Patient's signature and any other signatures necessary to process a bill. Contractor's EMS Coordinator shall be notified by the Authority or their designee of all transports performed by the Contractor. The report shall be delivered to the Authority's EMS Billing Office within four (4) business days from the date of service. If such report is illegible, incomplete or is provided to the Authority greater than four (4) business days Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 33 from the date of service, then Contractor shall be subject to a deduction of One Hundred Fifty Dollars ($150.00) for each such occurrence. The amount shall be deducted from the following monthly payment. (b) Transport Protocol Compliance. In the event the Contractor transports a Patient that is not authorized by online Medical Control or in compliance with the then current Medical Operations Manual transport protocols, then Contractor shall be subject to a deduction of Five Hundred Dollars ($500.00) for each such occurrence. The amount shall be deducted from the following monthly payment. SECTION 706. AUTOMATIC ANNUAL INFLATION ADJUSTMENT. Beginning on October 1, 2008, and each October 1 st thereafter, the Annual Compensation shall be adjusted by the lesser of the percentage increase in the Municipal Cost Index (published in American City and County Magazine) as of March each year (to assist in accurate budget forecasting) for the most recent twelve (12) months or five and one-half percent (5.5%), but in any event shall be adjusted no lower than three percent (3%). The Parties recognize that state law may constrain the growth of local government spending. In the event that such limitations result in a smaller inflation factor being available for increase in spending by the Authority, the percentage increase provided for in this section may be reduced to the level of increase allowed by law. SECTION 707. ADJUSTMENT FOR EXTRAORDINARY COST INCREASES. Contractor may apply for and receive prospective compensation adjustments to the Annual Compensation as necessary to offset documented increases in Contractor's cost of production directly Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 34 resulting from increases in the prices paid by Contractor for fuel due to Unforeseen Circumstances and subject to the following stipulations: (a) Contractor must document, using generally accepted accounting procedures, the actual financial impact of the increased fuel prices upon Contractor's costs of production. (b) Only the effects of increased direct fuel prices-excluding any effects of increased fuel consumption, overhead allocations and indirect costs-shall be considered. (c) Only the portion of increase in fuel prices not already accounted for within the provision for automatic inflation adjustment set forth in Section 706 hereof, shall be considered. (d) In the event the Contractor does apply for and obtain an adjustment pursuant to this provision, and should average fuel prices subsequently fall during a later annual accounting period, these same calculations shall then be applied to effect an appropriate prospective reduction in compensation applicable during the then-following accounting period. The Contractor shall substantiate the continuation of this adjustment the subsequent Fiscal Year. SECTION 708. PERFORMANCE COMPENSATION. (a) Computation of Performance Compensation. Performance Compensation shall be awarded in accordance with Appendix "G". From time to time, Contractor and the Executive Director may agree to new Performance Compensation goals and measures and amend Appendix "G". Any change to Appendix "G" will be effective at the beginning of the following Fiscal Year. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 35 Advances in technology or the adoption, promulgation, modification or change in interpretation of any federal state or local law, regulation, ordinance, court order or national standard which render any of the above performance standards obsolete or irrelevant shall relieve the Authority of its obligation to pay Performance Compensation for Contractor meeting such standard. (b) Payment and Effect of Payment. Performance Compensation shall be paid within ninety (90) days after each Fiscal Year for performance in the immediately- preceding Fiscal Year. Performance Compensation shall be separate and apart from Annual Compensation, and shall not be carried forward to succeeding Fiscal Years, nor shall it be subject to the provisions of Section 706. (c) Quarterly Performance Evaluation. In addition to meeting the performance requirements set forth in subparagraph (a) above, Contractor must participate in quarterly performance evaluation meetings with the Authority. SECTION 709. FUNDS TO BE USED SOLELY FOR EMS FIRST RESPONSE. Contractor recognizes that monies received hereunder are derived from the EMS Mill and that the EMS Mill, pursuant to referendum, has been dedicated solely to the provision of Emergency Medical Services. Contractor, therefore, agrees that funding provided under this Agreement will be used strictly for the provision of the services described herein. SECTION 710. FUTURE/ADDITIONAL SERVICES. Contractor and Authority understand that, in the future, health care delivery and Emergency Medical Services may evolve to include pathway management, an expanded scope of practice, primary care services or other activities Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 36 where EMS resources provided under this Agreement may be used. Contractor and Authority shall cooperate in effecting such additional services; evaluating the relationship of such services; and the impact of such services on the EMS System. SECTION 711. SERVICE CONSOLIDATION. Authority agrees that in the event of a reduction in the number of Contractor's Units as a result of voluntary consolidation or voluntary elimination of services, with the approval of the Authority, Contractor's Annual Compensation of such Unit shall be reduced eighty percent (80%) and Contractor shall use the remaining funding for EMS purposes only. Should Unit availability be voluntarily reduced in non-peak hours of operations, with the prior approval of the Authority, then Annual Compensation for such Unit shall be reduced by the number of hours of Unit availability, times the Unit Hour Compensation, times sixty-five percent (65%), provided the Contractor shall use the remaining thirty-five percent (35%) for EMS purposes. Should the Authority be required to purchase additional EMS services from another provider or the Contractor as a result of Contractor's voluntary service consolidation, even if the services are in a different area, then from the time additional services are purchased by the Authority the Contractor's compensation will be reduced by the remaining twenty percent (20%) share, plus inflation adjustments, on a go-forward basis, so that Contractor will receive no funding as a result of the Contractor's voluntary consolidation. SECTION 712. ADDITIONAL UNITS. (a) Authority Funded. During the term of the Agreement, the Authority may determine that additional Authority Funded Unit(s) are needed. Additionally, Contractor may request that consideration be given for approval of an additional Authority Funded Unit. If the Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 37 Authority determines that additional Authority Funded Unit(s) are needed from Contractor, then Authority and Contractor shall negotiate a mutually-agreeable marginal cost compensation for such additional Unit, Units or Unit Hours. In those instances where the Contractor requests Authority to approve additional Authority Funded Unit(s), the Authority shall meet with the Contractor to determine the need for the requested Authority Funded Unit. If approved, the Authority will negotiate a mutually-agreeable marginal cost compensation for such additional Authority Funded Unit, Units or Unit Hours. Compensation for such additional Authority Funded Unit(s), or Unit Hours, shall begin upon approval by the Authority (b) Contractor-Funded. Contractor and Authority understand that the EMS System is a unified, integrated system requiring the cooperation of all providers in the System. To insure coordinated implementation of any improvements to the System and to insure the integrity of the System, if Contractor desires to operate additional ALS First Responder Unit(s) as a Contractor Funded Unit, Contractor will obtain approval from the Executive Director in writing prior to operating the Unit. Contractor may elect to cease operation of a Contractor Funded Unit at their sole discretion. Contractor is responsible for all costs associated with staffing, equipping and operating such Units. The Authority shall provide Medical Control and Medical Supplies for authorized Contractor Funded Units. SECTION 713. AUDITS AND INSPECTIONS. At any time during normal business hours, and as often as may reasonably be deemed necessary, representatives of the Authority or Medical Director may observe Contractor's operations. Contractor shall make available to Authority for its examination, its records with respect to all matters covered by this Agreement, and Authority may audit, examine, copy, and make excerpts or transcripts from such records, Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 38 and may make audits of all contract, invoices, materials, payrolls, inventory records, records of personnel, daily logs, conditions of employment, and other data related to all matters covered by this Agreement. Contractor shall make available to the Medical Director its records with respect to all clinical matters covered by this Agreement and the Medical Director may audit, examine, copy and make excerpts or transcripts from such records. Authority's right to observe and inspect operations or records in Contractor's business office shall, however, be restricted to normal business hours, and reasonable notification shall be given the Contractor in advance of any such visit. Records relating to contract activities shall be retained for three (3) years from final payment in each year. The right to directly observe Contractor's field operations,shall also extend to authorized representatives of the Medical Control Board and the Medical Director; provided that the requirements for polite conduct; completion of any training required by law; and non- interference with employees' duties shall be observed at all times. Audits and inspections shall be done to the extent permitted by law. SECTION 714. FISCAL NON-FUNDING. In the event sufficient budgeted funds are not available for a new fiscal period, Authority shall notify the Contractor of such occurrence and this Agreement shall terminate on the last day of current fiscal period without penalty or expense to the Authority, except as provided for in the paragraph immediately below. ARTICLE VIII TERM AND TERMINATION SECTION 801. TERM. The term of this Agreement shall be for five (5) years, commencing October 1, 2007, and ending at midnight September 30, 2012. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 39 SECTION 802. TERMINATION. This Agreement may be terminated by the Authority for cause upon twenty (20) days written notice to Contractor. "Cause" shall include (1) the event that the Contractor, for any reason, fails to meet the licensing requirements in the State of Florida pursuant to the provisions of Chapter 401, Florida Statutes, or (2) a material breach of any covenant or warranty contained in this Agreement; provided, however, that in the case of a breach of covenant or warranty, the Authority shall provide written notice of such breach and the Contractor shall have the opportunity to cure such breach within twenty (20) calendar days of receipt of such notice, or (3) any circumstance where the collection of the EMS Mill is less than that budgeted by the Authority and, together with available reserves, is insufficient to meet the Authority's obligations under this agreement, or (4) any change in the Authority's tax structure or base, the results of which would be to make the Authority's obligations under this contract impossible under the EMS Mill. This Agreement may be terminated without cause by the Contractor or Authority upon six (6) months written notice to the other Party. In the event of termination by either the Contractor or Authority, Emergency Medical Services shall be provided in Contractor's EMS District in accordance with the Special Act and the EMS Ordinance. SECTION 803. RESOLUTION OF DISPUTES. To the extent that Contractor and Authority cannot, after good faith attempts, resolve any controversy or dispute that may have arisen under this Agreement, Contractor and Authority shall appoint an ad-hoc committee consisting of one mutually agreed upon representative from the Medical Control Board, the EMS Advisory Council, and the Pinellas County Fire Chiefs Association to facilitate a timely and effective Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 40 resolution. The ad-hoc committee shall meet as often as the circumstances may deem necessary in an attempt to resolve the controversy or dispute. Such committee shall review each party's submittal of its interpretation of the Agreement and may request additional information as necessary. The committee shall complete its review within sixty (60) days and submit any recommendation to the Pinellas County Administrator and shall be non-binding. Either party may thereafter refer the matter to mediation in the State of Florida. If mediation fails to resolve the dispute, either party may pursue its legal remedies, including, but not limited to, filing a Complaint in the appropriate court possessing competent jurisdiction. ARTICLE IX MISCELLANEOUS SECTION 901. NON-DISCRIMINATION IN EMPLOYMENT. The Contractor will not discriminate against any applicant for employment because of age, race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to age, race, color, religion, sex or national origin. Such action shall include, but not be limited to, recruiting and related advertising, layoff or termination, upgrading, demotion, transfer, rates of pay and compensation, and selection for training, including apprenticeship. The Contractor will post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 41 SECTION 902. NOTICES. All notices, consents and agreements required or permitted by this Agreement shall be in writing, and, as applicable, shall be transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt; postage prepaid, and shall be addressed as follows: If to Authority: Executive Director Pinellas County Emergency Medical Services 12490 Ulmerton Road Largo, Florida 33774 If to Contractor: See Appendix C SECTION 903. ENTIRE AND COMPLETE AGREEMENT. This Agreement, as amended, and all Appendices hereto, constitute the entire and complete agreement of the Parties with respect to the services to be provided hereunder. This Agreement, unless provided herein to the contrary, may be modified only by written agreement duly executed by the Parties with the same formality as this Agreement. SECTION 904. OTHER DOCUMENTS. Each Party agrees to execute and deliver any instruments and to perform any acts that may be necessary or reasonably requested in order to give full effect to this Agreement. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 42 SECTION 905. APPLICABLE LAW. Florida Law shall govern the validity, interpretation, construction and performance of this Agreement. SECTION 906. WAIVER. Unless otherwise specifically provided by the terms of this Agreement, no delay or failure to exercise a right resulting from any breach of this Agreement shall impair such right or shall be construed to be a waiver thereof, but such may be exercised from time to time and as often as may be deemed expedient. Any waiver shall be in writing and signed by the Party granting such waiver. If any representation, warranty or covenant contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. SECTION 907. SEVERABILITY. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise affected by such action, remain in full force and effect. SECTION 908. CONTRACTOR IS INDEPENDENT CONTRACTOR. The parties agree that throughout the term of this Agreement, and during the performance of any obligations hereunder, Contractor is an independent contractor in all respects and shall not be the agent, servant, officer, or employee of the Authority or Pinellas County. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement Page 43 SECTION 909. NO THIRD-PARTY BENEFICIARIES; ASSIGNMENT. This Agreement is not intended, nor shall it be construed, to inure to the benefit of any third person or entity not a party hereto, and no right, duty or obligation of the Contractor under this Agreement, shall be assigned to any person, private association or corporation, not-for-profit corporation, or public body without the prior written consent of the Authority. SECTION 910. HEADINGS. Captions and headings in this Agreement are for ease of reference and do not constitute a part of this Agreement. SECTION 911. COUNTERPARTS. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. Item # 10 Attachment number 1 Page 1 of 1 Emergency Medical Services ALS First Responder Agreement PaQe 44 ATTEST: KEN BURKE, CLERK IN WITNESS WHEREOF the parties hereto, by and through their undersigned authorized officers have caused this Agreement to be executed on this day of , 2007. PINELLAS COUNTY EMERGENCY MEDICAL SERVICES AUTHORITY By and through the Board of County Commissioners by: by: Deputy Clerk Chairman APPROVED AS TO FORM: Office of County Attorney Countersigned: CITY OF CLEARWATER, FLORIDA by: Mayor City Manager ATTEST: by: City Clerk Item # 10 Attachment number 1 Page 1 of 1 Appendix A ALS First Responder Units Contractor Authoritv Funded Contractor Funded Belleair Bluffs EnQine 43 Clearwater Engine 44, Rescue 45 Engine 48, Engine 49 Rescue 46, Rescue 47 Rescue 48, Rescue 49 Rescue 50, Enqine 51 Dunedin Engine 60, Engine 61 None EnQine 62 East Lake Enqine 56, Squad 57, Enqine 58 None Gulfport EnQine 17 None Largo Engine 38, Engine 39, Engine 40 Squad 38, Squad 39 Engine 41, Rescue 41, Engine 42, Tactical Engine 41 Rescue 42 Lealman Engine 18, Rescue 19 None Enqine 19 Madeira Beach Enaine 25 None Oldsmar Enoine 54 Rescue 54 Palm Harbor Engine 65, Engine 66 Squad 65 Truck 67, Enaine 68 Pinellas Park Rescue 21, Rescue 33 Engine 33, Engine 34 Rescue 34, Truck 35 Pinellas Suncoast Squad 26, Engine 27 None Truck 28 Safety Harbor Enoine 52, Truck 53 None Seminole Engine 29, Squad 29 None Engine 30, Engine 31 Enaine 32 South Pasadena Enqine 20 None St. Petersburg Rescue 1, Engine 2 None Rescue 3, Rescue 4 Rescue 5, Rescue 6 Rescue 7, Rescue 8 Rescue 9, Rescue 10 Rescue 11, Engine 12 Rescue 13 St. Petersburo Beach Rescue 22, Rescue 23 None Tarpon Springs Enaine 69, Enaine 70 None Treasure Island Enoine 24 None Item # 10 Appendix B Annual Compensation for Fiscal Year 2007-2008 Contractor FY07 -08 Compensation Belleair Bluffs $398,861.35 Clearwater $5,206,364.23 Dunedin $927,865.20 East Lake $1,142,985.74 Gulfport $568,861.95 LarQo $3,480,319.04 Lealman $1,517,862.17 Madeira Beach $418,382.40 Oldsmar $362,147.77 Palm Harbor $1,524,096.48 Pinellas Park $2,522,312.88 Pinellas Suncoast $1,638,004.77 Safety Harbor $867,251.50 Seminole $1,923,163.92 South Pasadena $730,881.43 St. Pete Beach $1,177,017.73 St. Petersburq $12,623,661.77 Tarpon Sprinqs $939,261.45 Treasure Island $455,289.00 Attachment number 1 Page 1 of 1 Item # 10 Attachment number 1 Page 1 of 1 Appendix C First Responder Contractors City Clerk CITY OF BELLEAIR BLUFFS 2747 Sunset Boulevard Belleair Bluffs, FL 33770-1978 Chairman, Board of Commissioners PALM HARBOR SPECIAL FIRE CONTROL DISTRICT 250 W. Lake Road Palm Harbor, FL 34684 City Manager CITY OF CLEARWATER 112 S. Osceola Avenue Clearwater, FL 33758-4748 City Manager CITY OF PINELLAS PARK POBox 1100 Pinellas Park, FL 33780-1100 City Manager CITY OF DUNEDIN POBox 1348 Pinellas Park, FL 33780-1100 City Manager CITY OF SAFETY HARBOR 750 Main Street Safety Harbor, FL 34695-3597 Chairman, Board of Commissioners EAST LAKE TARPON SPECIAL FIRE CONTROL DISTRICT 3375 Tarpon Lake Boulevard Palm Harbor, FL 34685 City Manager CITY OF ST. PETE BEACH 7701 Boca Ciega Drive St. Pete Beach, FL 33706-1701 City Manager CITY OF GULF PORT 2401 53rd Street South Gulfport, FL 33707 Mayor CITY OF ST. PETERSBURG 175 Fifth St. N. St. Petersburg, FL 33701 Chairman, Board of Fire Commissioners PINELLAS SUNCOAST SPECIAL FIRE CONTROL DISTRICT 304 First Street Indian Rocks Beach, FL 33785 City Manager CITY OF SEMINOLE 9199 113th Street North Seminole, FL 33772-2806 City Manager CITY OF LARGO POBox 296 Largo, FL 33779-0296 City Clerk CITY OF SOUTH PASADENA 7047 Sunset Drive South South Pasadena, FL 33707-2895 Chairman, Board of Commissioners LEALMAN SPECIAL FIRE CONTROL DISTRICT 4017 56th Avenue North St. Petersburg, FL 33714 City Manager CITY OF TARPON SPRINGS 324 Pine Street East Tarpon Springs, FL 34689 City Manager CITY OF MADEIRA BEACH 300 Municipal Drive Madeira Beach, FL 33708 City Manager CITY OF TREASURE ISLAND 120 108th Avenue Treasure Island, FL 33706-4794 City Manager CITY OF OLDSMAR 100 State Street Oldsmar, FL 34677-3655 Item # 10 Attachment number 1 Page 1 of 1 Appendix D EMS Districts The EMS District is defined as the Fire District for the following providers: Belleair Bluffs Clearwater Dunedin East Lake Gulfport Madeira Beach Oldsmar Palm Harbor Safety Harbor Seminole South Pasadena St. PetersburQ Beach Tarpon SprinQs Treasure Island The following EMS Districts are comprised of Multiple Fire Districts and are defined as: - The Largo EMS District is defined as the Largo Fire District and the Largo/Highpoint Fire District. - The Lealman EMS District is defined as the Lealman Fire District and the Kenneth City Fire District. - The Pinellas Park EMS District is defined as the Pinellas Park Fire District and the Pinellas Park/High Point Fire District. - The Pinellas Suncoast EMS District is defined as the Pinellas Suncoast Fire District and the Redington Beach Fire District. - The St. Petersburg EMS District is defined as the St. Petersburg Fire District, the Gandy Fire District and the Tierra Verde Fire District. Item # 10 Attachment number 1 Page 1 of 1 Appendix E On Scene Equipment Exchanae Items -Short Spinal Immobilization Devices -Long Spinal Immobilization Devices (Adult and Pediatric) - Head Immobilizers -Traction Splints Item # 10 Attachment number 1 Page 1 of 1 Appendix F EMS Equipment Provided by the Authority: - All Medical Supplies and Equipment authorized by the Authority, except as specified below. Provided By Contractor: - EKG monitor / defibrillator / attachments / cables / charger / batteries (Physio Control -Lifepak 12 with pulse oximetry, pacing, non-invasive blood pressure, capnography, biphasic defibrillation and 12 lead capability or equivalent, as determined by the Medical Control Board and Authority) for all Authority and Contractor funded ALS First Responder Units - EKG monitor / defibrillator / attachments / cables / charger / batteries (Physio Control Lifepak 10 with pulse oximetry, pacing, and monophasic defibrillation or equivalent, as determined by the Medical Control Board and Authority) for all reserve equipment. Lifepak 10s may only be used for special events, Disasters, EMS Emergency, evacuation shelters or temporary use when primary equipment is unavailable due to maintenance or repair. - Medical equipment bags and boxes - Rescue equipment required by the Department Item # 10 Attachment number 1 Page 1 of 1 Appendix G Performance Compensation (1) First Due. Contractor shall be awarded, monthly, Two Hundred Dollars ($200.00) for each Authority Funded Unit, as listed in Appendix A, that responds to ninety percent (90%) or greater of all EMS Incidents as the First Due Unit. (2) Rapid Emergency Response. Contractor shall be awarded, monthly, Two Hundred Dollars ($200.00) for each Authority Funded Unit, as listed in Appendix A, that responds to all Prioritized Emergency Calls within their EMS District within five (5) minutes and thirty (30) seconds ninety percent (90%) of the time or greater. (3) At Patient Notification. Contractor shall be awarded, monthly, One Hundred Dollars ($100.00) for each Authority Funded Unit, as listed in Appendix A, that advises At Patient Notification ninety percent (90%) of the time or greater. (4) EMS Public Education. Contractor shall be awarded annually, Twelve Hundred Dollars ($1,200.00) multiplied by the number of Authority Funded Units, as listed in Appendix A, for each year in which the Contractor provides EMS Public Education to two percent (2%) of their EMS District's fixed population or greater, as estimated by the Pinellas County Planning Department. Partial, proportionate incentives shall be awarded for meeting twenty-five percent (25%), fifty percent (50%) and seventy-five (75%) of the goal. EMS Public Education, for the purpose of this incentive, is defined as Cardiopulmonary Resuscitation (CPR) training, Automated External Defibrillation (AED) training, First Aid training, Home Pool Inspections, Car Seat installation, Bicycle Helmet distribution and training, Vial of Life distribution, and Tele-Medic registration. Direct citizen contact and training will be counted on a per person basis. Demonstrations or lectures at mass gatherings such as Fall Prevention, Geriatric Safety, Drowning Prevention, and EMS Awareness Demonstrations at public events shall be counted as a single contact per 100 attendees or event. Other types of Public Education may be approved by the Executive Director on a case-by-case basis. Item # 10 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Capital Improvement Program (CIP) with a zero net budget change to restructure current Water and Sewer Utility Fund revenue bond projects as advance preparation for postponing until FY2009 the planned FY2008 bond issuance. (consent) SUMMARY: On October 5, 2006, Resolution 06-53 was passed establishing the City's intent to reimburse certain Water & Sewer Utility Fund project expenditures with the proceeds of future tax exempt financing. The 2006 Water & Sewer Utility rate study update identified the need for approximately $40 million of revenue bond proceeds for project funding in fiscal years 2007 and 2008. As of August 2007 approximately $2.5 million has been expended and another $2.1 million encumbered of the FY2007 budgeted $19.9 million of planned 2008 bond reimbursement projects. As a result of this less than anticipated expenditure level, the Finance Director has decided that the revenue bond issue to fund these projects should be moved to FY2009 from FY2008. Due to the decision to delay the issuance of the revenue bonds, an analysis of the expenditures and encumbrances in the FY2007 reimbursement projects was required. The rule for refunding pursuant to a reimbursement resolution is that the reimbursement must occur no later than eighteen (18) months after the later of the date on which the expenditure is made, or the date the project is placed in service. As a result of the analysis, amendments have been identified totaling $3,153,413.25 transferring of budget for expenditures and encumbrances from the 08 revenue bond projects to projects in Fund 0378, 06 Water & Sewer Revenue Bond Construction Fund which has sufficient budget available to absorb these costs. Conversely, available budget of $3,153,413.25 will be transferred from projects in Fund 0378 to projects in Fund 0376,08 Water & Sewer Revenue Bond Construction Fund. The net transfers result in no increase or decrease to the CIP program budget. A schedule identifying the projects involved and the amount of budget adjustments required is provided. In October, a new reimbursement resolution will be brought forward for the 2009 bond projects. Review Approval: 1) Clerk Cover Memo Item # 11 CITY OF CLEARWATER Water & Sewer Utility Fund 08 Revenue Bond Construction Fund - 0376 06 Revenue Bond Construction Fund - 0378 Third Quarter Budget Amendments to Assist Conversion from the 08 Bonds Reimbursement Resolution to the 09 Bonds PROJECT DESCRIPTION PROJECT NUMBER BUDGET TRANSFERS INCREASE DECREASE REVENUE TRANSFERS DECREASE INCREASE Attachment number 1 Page 1 of 1 Mt:.MO ONLY Expenditure! Encumbrance T ra nsfe rs 08 Revenue Bond Construction Fund - 0376 Beach Walk NE Filter & MS Blower MCC WlNTP Generator Replacements WPC R & R Pump Station Replacement Reclaimed Water Distributrion System Meter Backflow Replacement Water Service Lines Line Relocation - Capitalized Elevated Water Tanks Update Wellfield Expansion 92267 96613 96619 96664 96686 96739 96743 96752 96742 96760 96763 1,955,284.80 698,128.45 500,000.00 3,153,413.25 06 Revenue Bond Construction Fund - 0378 Beach Walk NE Filter & MS Blower MCC WlNTP Generator Replacements WPC R & R Pump Station Replacement Reclaimed Water Distributrion System Meter Backflow Replacement Water Service Lines Line Relocation - Capitalized Elevated Water Tanks Update Wellfield Expansion 92267 96613 96619 96664 96686 96739 96743 96752 96742 96760 96763 271 ,933.23 41 ,524.30 367,007.00 1,458,659.17 224,692.40 141,464.56 148,132.59 500,000.00 3,153,413.25 1 ,955,284.80 698,128.45 500,000.00 3,153,413.25 271,933.23 41,524.30 367,007.00 1,458,659.17 224,692.40 141,464.56 148,132.59 500,000.00 3,153,413.25 Net Change in Overall Budget for Bond Projects 10/5/2007/10: 18 AM 0.00 0.00 ItElME#11Of 1 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve payment of insurance premiums for insurance policies for an amount not to exceed $625,000, with policy effective dates beginning during the time period October 1, 2007 to September 30, 2008. (consent) SUMMARY: The Risk Management Division of the Finance Department purchases certain insurance coverage for the City. This insurance is purchased through the efforts of two brokers: Wells Fargo and Arthur J. Gallagher & Co. (Florida). Risk Management is recommending approval of the following coverages and any other coverages that may become desirable throughout the year at a cost not to exceed $625,000. Policy Boiler & Machinery Marina Oper. Legal Liab. Term Estimated Premium 10/1/07 -10/1/08 $ 15,350 10/1/07 -10/1/08 $ 16,315 Flood (specific properties) Annual term; various renewal dates $ 25,000 Crime & Dishonesty 10/1/07 -10/1/08 $ 17 ,290 Excess Liability/WC 10/1/07 -10/1/08 $369,800 EMS coverage 10/1/07 -10/1/08 $139,000 Storage Tank Liability 5120/08- 5120/09 $ 12,000 $594,755 Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 590-07000-545100-519-000 Operating Expenditure Yes Budget Adjustment: No $0.00 $625,000 10/1/07 to 9/3012008 Annual Operating Cost: Total Cost: Amount $625,000 Appropriation Comment Item # 12 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: Other Cover Memo Item # 12 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the City and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: Vehicles and equipment listed have been replaced as necessary and are no longer required. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auctioneer of Record. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: No Revenue N/A N/A Annual Operating Cost: Total Cost: to Appropriation Code 0555-09225- 571300- 582-000- 0000 Amount To be determined Appropriation Comment Sale proceeds Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 13 Attachment number 1 Page 1 of 1 Surplus for September, 2007 REASON FOR ITEM# Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL 1 G0480 1994 Ford Aerostar Van 1 FMCAll U4RZA84152 65499 Needs major AlC work 2 G0481 1994 Ford Aerostar Van 1 FMCA 11 U6RZA84153 61837 Numerous Mech. Issues 3 Gl092 1988 Case 580K Loader/Backhoe JJG007331 N/A Age/Condition 4 G1242 1983 Crosley Trailer CR83CU6152600331 N/A Age/Condition 5 G1520 1995 Ford Crown Vic Police Car 2FALP71 W9SX193943 85610 Age/Condition 6 G1585 1996 Olds Cutlass Cierra 4 dr. 1 G3AJ55M2T6368613 92810 Age/Condition 7 G1730 1997 Ford Crown Vic Police Car 2FALP71W6VX120405 86011 Age/Condition 8 G1859 1997 Ford Explorer 1 FMDU32X1VUC83151 92483 Age/Condition 9 G1928 1998 Ford Crown Vic Police Car 2FAFP71W1WX137532 73268 Age/Condition 10 G1956 1998 Cushman Scooter 98006508 5173 Age/Condition 11 G2083 1999 Ford Crown Vic Police Car 2FAFP71WX)(X172572 83764 Age/Condition 12 G2174 1978 Johnson Tool Trailer 60468 N/A Age/Condition 13 G2230 2000 Ford Crown Vic Police Car 2FAFP71W1YX164331 86791 Age/Condition 14 G2237 2000 Ford Crown Vic Police Car 2FAFP71W9YX164321 97182 Age/Condition 15 G2275 2001 Mack Front End Loader Refuse 1 M2K195C8YM016041 55275 Age/Condition 16 1 Pallet containing 13 Emergency Light Bars- 8 Vector-2 streethawk-3 Mini Vectors Obsolete 17 1 Pallet containing 7 Aluminum Tool Boxes- 4 side boxes and 3 cross bed boxes Obsolete 18 1 Pallet consisting of 6 Ford Crown Victoria Prisoner Partitions Obsolete 19 1 Gerber Vinyl Sign Maker Obsolete Item # 13 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Request authorization in amount not to exceed $500,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2007 to September 30, 2008, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: This amount represents an estimate of claims expenses for the next fiscal year that will become due and payable as a result of workers' compensation claims occurring between 1984 and 1991. The City of Clearwater is self-administered for the majority of its workers' compensation claims, but a handful of claims (15 as of October 1, 2006) are still administered by the City's former third party administrator, Gallagher Bassett Services, Inc. The City's Risk Management Division pays a fee of approximately $4,000 per year for continued third party services on these claims. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $500,000 10/1/07 to 9/30/08 Annual Operating Cost: Total Cost: $500,000 Appropriation Code Amount 590-07000-545800-519-000 $500,000 Appropriation Comment Bid Required?: No Other Bid / Contract: Review Approval: 1) Clerk Bid Number: Bid Exceptions: Sole Source Cover Memo Item # 14 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a change to the City Council's Budget Policy "Central Insurance Reserve Policy" as recommended by staff. (consent) SUMMARY: In 1989, the City received a refund of $505,376 from Travelers insurance for a refund on health insurance premiums. In addition, additional refunds were received from CIGNA of $52,726 in 1992 and Anheim of $524,108 in 1997 for a total of $1,082,210 in refunds received. These funds were deposited into the City's Central Insurance Fund and were part of the entire Central Insurance Reserves. In addition, since the City's budgeting is completed each year prior to knowing the cost of health insurance for the coming year, the City decided to use that reserve as a budgeting tool and any excess or shortage of budgeted funds to pay for health insurance was added to or deducted from that reserve. Since 1990, there has been $5,435,723 deposited into this fund from City budgeted funds. There have been withdrawals from this fund for health insurance in the amount of $1,326,254 and vacation and sick leave buyout of $996,820 for a total withdrawal of $2,823,074. The current estimated balance in the health reserve is $4.2 million. The policy regarding insurance reserves was as follows until changed on 6/19/03. Health Insurance Stabilization Fund. The City Commission authorizes maintaining a special health insurance stabilization fund to guard against future health care costs. This Fund will be used as a budgeting tool to offset any large increases in the City's costs to provide health insurance. The target minimum balance in this account is 15% of the annual City health insurance expense. The balance in this fund has grown significantly over the years and is well in excess of the target limit. The current estimated percentage of the annual City health insurance expense is 36%. The attached schedule shows the history of this reserve. It is an extensive manual process to keep track of this reserve balance. In 2003, this policy was changed to reflect not only the need for reserves to assist with budgeting for health insurance, but reserves are needed for many other insurance/risk related issues, such as the cost of workers' compensation, liability, and property insurance, hurricanes, and other risks. The policy was changed by the City Council on 6/19/03 as follows: Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve. This reserve is composed of two amounts: General: An amount reserved to guard against unforeseen or uninsured costs or increases in property, workers' compensation, or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. Health Insurance: An amount reserved for use as a budgeting tool to offset any large increases in the City's costs to provide health insurance. The target minimum balance for this reserve is 15% of the annual city health insurance expense. If reserves are drawn down below the above target minimum balances, the City will develop a plan to replenish the reserves, generally within five (5) years. The General reserve is calculated annually by an outside actuary, therefore, there is no extensive manual process needed. In addition, this reserve will increase/decrease based upon the risks as determined by the actuary. The balances in these reserves are now approximately $7.2 million for General Insurance Reserves and $4.2 million for Health Insurance Reserves. Staff feels that the General insurance reserves (currently at $7.2 million) is sufficient to meet the budgeting needs for health insurance as well. Staff recommends changing the policy as follows: Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve. This reserve is composed of two amounts: General: An amount reserved to guard against unforeseen or uninsured costs or increases in property, workers' compensation, health, or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calcu~r~Mf,o insurance reserve liability. Health Insurance: An amount reserved for use as a budgeting tool to offset any large increases in the City's costft~r#vitt5 health insurance. The target minimum balance for this reserve is 15% of the annual city health insurance expense. If the reserves are is drawn down below the above target minimum balances, the City will develop a plan to replenish the reserves, generally within five (5) years. If approved, the policy will read as follows: Central Insurance Reserve Policy. It is a policy of the City Council to maintain a Central Insurance Fund reserve to guard against unforeseen or uninsured costs or increases in property, workers' compensation, health, or liability insurance. The target minimum balance for this reserve is equal to 75% of the actuarially calculated self-insurance reserve liability. If the reserve is drawn down below the above target minimum balance, the City will develop a plan to replenish the reserve, generally within five (5) years. Review Approval: 1) Clerk Cover Memo Item # 15 Prem Stab Fund FY2007-estimate Estimated Premium Stabilization Fund balance at 9/30/2007: Fiscal Year 1989 1990 1991 1992 1992 1993 1994 1995 1996 1997 1997 1998 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1986 Travelers refund Excess Revenue from departments Excess Revenue from departments Excess Revenue from departments 1991 Cigna Refund Excess Revenue from departments Excess Revenue from departments Excess Revenue from departments Excess Revenue from departments Anheim Refund Excess (Deficit) Revenue from departments Excess (Deficit) Revenue from departments Transfer to 181 for vacation & sick leave buyouts Excess Revenue from departments Excess Revenue from departments(9/30/00) Excess Revenue from departments(9/30/01) Excess (Deficit) Revenue from departments (9/30/02) Excess (Deficit) Revenue from departments (9/30/03) Excess (Deficit) Revenue from departments (9/30/04) Excess (Deficit) Revenue from departments (9/30/05) Excess (Deficit) Revenue from departments (9/30/06) Estimated 9/30/07 excess revenue from departments Annual Amount $ 505,376 497,330 574,527 459,807 52,726 134,305 140,685 977,876 94,425 524,108 (206,149) (110,735) (996,820) 29,666 374,069 137,772 (239,726) (742,218) (27,426) 645,329 1 ,095,425 274,507 $ 4,194,859 Attachment number 1 Page 1 of 1 Balance 505,376 1,002,706 1,577,233 2,037,040 2,089,766 2,224,071 2,364,756 3,342,632 3,437,057 3,961,165 3,755,016 3,644,281 2,647,461 2,677,127 3,051,195 3,188,967 2,949,241 2,207,024 2,179,598 2,824,927 3,920,352 4,194,859 Item # 15 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve FY 07/08 Blanket Purchase Orders for: Baker & Taylor - $262,500; Ingram Library Services - $155,000; and Ebsco Subscription Services - $100,000. (consent) SUMMARY: Blanket Purchase Orders for Baker & Taylor and Ingram are for the acquisition of books and audio visual materials. Ebsco provides reference material and other standing orders, magazine and serial subscriptions. The purchase orders will be used for numerous small dollar purchases. Each order will be shopped for best price and availability. Type: Current Year Budget?: Purchase None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: NA Annual Operating Cost: Total Cost: $517,500 $517,500 2007 to 2008 Appropriation Code 0315-93527 -564400-571-000- 0000 Amount Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 16 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Department of Environmental (DEP) Agreement: LE644 for CV A 07 -488 for Clean Vessel Act Grant Program funding to replace the existing pump out system at the Municipal Marina and authorize the appropriate officials to execute same. (consent) SUMMARY: The Marine & Aviation Department applied for, and received confirmation of funding from the DEP to be able to replace the existing pump out system at the Municipal Marina. The original system, installed in 1995, was also made possible with DEP grant funding. It breaks down frequently, and is costing more to fix than replace. A new system will cost $10,772.70 to purchase and have installed. The cost includes a year warranty, and repairs thereafter if needed. The entire amount will be reimbursed by the DEP. Maintenance and dredging CIP 93496 contains sufficient funding to cover the cost of the new pump out system. Review Approval: 1) Clerk Cover Memo Item # 17 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) SUMMARY: Jolley Trolley Transportation of Clearwater, Inc. (Jolley Trolley) has been operating trolley service along the City's beach communities and downtown for 14 years. The current one-year funding agreement expires on September 30,2007. At the July 30, 2007 City Council budget workshop, Council directed that the FY08 Funding Agreement be for $150,000 and that trolley service to the downtown be discontinued. This new agreement reflects both of those conditions. The new proposed agreement includes a provision requiring the Jolley Trolley to provide monthly ridership information, and that the Jolley Trolley will develop a strategic plan for the inclusion as a tourism enhancement for the beach. The Parks and Recreation Department will continue to administer compliance of the agreement. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: None Budget Adjustment Comments: This item has been previously budgeted by City Council Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 001 0-07000-530300-519-000- 0000 Review Approval: 1) Clerk $150,000 $150,000 2007 to 2008 Annual Operating Cost: Total Cost: $150,000 $150,000 Amount $150,000 Appropriation Comment General Fund Cover Memo Item # 18 Attachment number 1 Page 1 of 4 JOLLEY TROLLEY SYSTEM GRANT FUNDING AGREEMENT This Jolley Trolley System Funding Agreement is made and entered into this day of , 2007, between the City of Clearwater, hereinafter referred to as the ("City") and the JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida non-profit corporation, hereinafter referred to as the ("Corporation"). ARTICLE I. TERM The term of this agreement shall be for a period of one (1) year commencing on October 1, 2007, and continuing through September 30, 2008, (the "Termination Date"), subject to annual budgetary appropriation approved by the Clearwater City Council, unless earlier terminated under the terms of this agreement. ARTICLE II. RESPONSIBILITIES OF THE CORPORATION 1) Services to be Provided. The Corporation shall provide the transportation services to promote tourism described as trolley service on Clearwater Beach, Island Estates and Sand Key, as described in Exhibit A. 2) Transportation Pick-ups. The Corporation shall provide scheduled transportation pick-ups which will be no more than 25 minutes apart (conditions permitting). 3) Posted Route Schedules. The Corporation shall provide posted route times at selective pick-up locations listing scheduled pick-up times. 4) Scheduled Reports of Activities. The Corporation shall furnish the City with IRS Forms 990 and 990T certified by independent Certified Public Accountant within 90 days of the end of the fiscal year to the Parks and Recreation Director. The financial report is to set forth the total cost of operations provided, and the detailed account of operational costs funded in part by the City. 5) Use and Disposition of Funds Received. Funds received by the Corporation from the City shall be used towards the payment of expenses attendant to the operation of the Trolley System. 6) Creation, Use and Maintenances of Financial Records. a) Creation of Records. The Corporation shall create, maintain and make accessible to authorized City representatives such financial and accounting records, books, documents, policies, practices and procedures necessary to reflect fully the financial activities of the Corporation. Such records shall be available and accessible at all times for inspection, review or audit by authorized City personnel, and shall be made available in accordance with Chapter 119, Florida Statutes (Public Records) and other applicable law. b) Use of Records. The Corporation shall produce such reports and analyses that may be required by the City and other duly authorized agencies to document the proper and prudent stewardship and use of the monies received through this agreement. c) Maintenance of Driver's Log and Check Point System. The Corporation agrees to maintain a driver's log and a check point system to document compliance with the agreed upon schedule. Changes to these attached schedules are at the discretion of the Corporation Board of Directors, but will be submitted to the City at least two weeks prior to implementation. Any change, or series of changes, which will cause Item # 18 Attachment number 1 Page 2 of 4 more than a 25% reduction in the routes may, at the discretion of the City Council, be considered a failure to adhere to the terms of the contract and may be grounds for reducing the funding commitment or may be considered cause for termination of the contract. d) Maintenance of Records. All records created hereby are to be retained and maintained for a period not less than five (5) years from the close of the applicable fiscal year. 7) Non-discrimination. Notwithstanding any other provision of this agreement, the Corporation for itself, agents and representatives, as part of the consideration for this agreement does covenant and agree that: a) No Exclusion from Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the operation of this program on the grounds of race, color, religion, sex, handicap, age or national origin. b) No Exclusion from Hire. In the management, operation, or provision of the program activities authorized and enabled by this agreement, no person shall be excluded from participation in or denied the benefits of or otherwise be subject to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex, handicap, age, or national origin, except that age may be taken into consideration to the extent that the age of an employee is a bona fide occupational qualification, as permitted by law. c) Inclusion in Subcontracts. The Corporation agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub- contracts. d) Breach of Non-discrimination Covenants. In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 8) Liability and Indemnification. The Corporation shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence of the City or City's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Corporation's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by the Corporation whether or not based on negligence. Nothing herein shall be construed as a consent by the City to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. 9) Compliance with Laws. Corporation shall comply with all federal, state, county and local laws, rules and regulations applicable to the operation of the vehicles. If it is ever determined that this Agreement violates any federal, state, county or local laws, rules or regulations, then Corporation shall comply in a timely manner or City may terminate. 10) Corporation's Role in the Development and Revitalization of Clearwater Beach. It is contemplated by the Parties hereto that in consideration for the funding provided by the City, 2 Item # 18 Attachment number 1 Page 3 of 4 the Corporation's role in providing trolley service shall be promoted as a tourist amenity and enhancement in furtherence of the development and revitalization of Clearwater Beach. To that end, the Corporation agrees to cooperate and work with City staff to develop the Corporation's role as integral to such revitilization and development and as a catalyst for tourism. ARTICLE III. RESPONSIBILITIES OF THE CITY A) Funds for Operations. The City, subject to annual City Council approval, agrees to fund in part the operational costs incurred in providing the activities and services authorized by this agreement as follows: . An annual amount of $150,000 for providing trolley service on Clearwater Beach, Island Estates and Sand Key, based upon the Corporation meeting the route schedule attached as Exhibit A. . Payable in equal payments of 1/12 per month per fiscal year. 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 in material respect shall constitute cause for termination. Either party may terminate this Agreement for cause by giving the other party sixty (60) days notice of termination. If the default is not cured within the sixty (60) day period following receipt of notice, this Agreement shall terminate on the sixty-first (61 st) day. 2) Disposition of Fund Monies. In the event of termination for any reason, monies made available to the Corporation but not expended in accordance with this Agreement shall be returned to the City within 30 days of demand. 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 Corporation, addressed to: Jolley Trolley Transportation of Clearwater, Inc. 483 Mandalay Avenue, Suite 213 Clearwater, FL 33767 2) If to City, addressed to: City Manager P. O. Box 4748 Clearwater, FL 33758-4748 3 Item # 18 With copy to: City Attorney P. O. Box 4748 Clearwater, FL 33758-4748 And Parks and Recreation Director P.O. Box 4748 Clearwater, FL 33758-4748 ARTICLE VII. EFFECTIVE DATE The effective date of this Agreement shall be as of the date below written. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2007. Countersigned: CITY OF CLEARWATER, FLORIDA Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk JOLLEY TROLLEY TRANSPORA TION OF CLEARWATER, INC. By: Its Attest: 4 Attachment number 1 Page 4 of 4 day of Item # 18 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward a blanket purchase order contract to CBS Radio of St. Petersburg, Florida, in the amount of $300,000, for the purpose of reimbursing net proceeds, if any, from special events co-sponsored by CBS Radio and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater partners with CBS Radio to annually provide several events at Coachman Park. During 2007, two concerts sponsored in this manner were "Wild Splash" and "Smooth Jazz Fest". In addition, several others received "marketing" support from one or more of the CBS stations including Iron Man and several Fun 'N Sun events. The City's Ticketmaster account is used for all ticket sales. In accordance with each event's Letter of Understanding, funds are redistributed to CBS Radio after all City expenses are paid. The current blanket purchase order with CBS Radio has been expended and a new contract is being recommended in order to continue to reimburse CBS Radio their portion of the proceeds per the Letter of Understanding between the City and CBS Radio for each event. The Special Events Division produces and co-sponsors numerous other concerts with varying agreements and with other partners. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: None $300,000 $300,000 2007 to 2008 Annual Operating Cost: Total Cost: $300,000 $300,000 Appropriation Code 181-99851-550400-574-000- 0000 Review Approval: 1) Clerk Amount $300,000 Appropriation Comment Cover Memo Item # 19 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Council policy to allow 12 and 13 year olds to use City recreation center fitness areas under the direct supervision of a parent, guardian or designated responsible adult. (consent) SUMMARY: At the July 19, 2007 City Council meeting, City Council directed staff to develop a Council policy allowing for the utilization of City fitness facilities by individuals who are 12 and 13 years old under direct parental supervision. As the policy was developed it was found the definition of parent needs to include a legal guardian. It was also decided to allow designated responsible adults to provide the supervision. As directed by Council, supervision under this policy is defined as the parent, guardian or designated responsible adult, being focused on the safety of the child's workout with no distraction or engagement in any other activity. Staff will market this benefit to the public utilizing its programming marketing efforts. If approved, City staff tasked with monitoring these areas will observe the fitness area for compliance. In addition, a "Parental Consent and Waiver/Release of Liability" form must be executed by the parent or guardian. This policy will go into effect immediately upon approval by the Council. Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 2 City of Oearwater Parks and Recreation Deparhnent-Recreation Prograrruning Division PARENTAL CONSENT AND WAIVER/ RELEASE OF LIABILITY Re: Fitness Center Use for Ages 12 & 13 To Be Completed By Parent or Legal Guardian of Applicant(s) By its nature, partidpation in fitness mer use adiuties am indude a risk if injwy to the ]Xlrticip;mt. Consider YJUY dependents phy>iml fitness and training, ndes and r0Jilatians, mfetypradia:s and assxiatal risk s uJzen partidpating in the recreational adiuty if YJUY d1oi.a:. Since the City of Oearwater is not aware of my dependent's physical condition or training for various activities and in consideration of the benefits and oWlrtmities afforded to me or my dependent(s) by participating in the Fitness Center sponsored by the City of Oearwater, I state as folloV\5: 1. As consideration for the City of Clearwater permitting use of its Fitness Center to persons age 12 and 13 for the sports of weight lifting, and/or body building, aerobic fitness exercise, or other use of a City fitness facility, and in recognition of the inherent nature of these sports, the undersigned Parent or Guardian hereby assumes the risk of all injuries to his/her dependent(s) and third parties and forever holds harmless, releases, and discharges, and agrees to indemnify the City of Clearwater, its employees, officers, Council members, and agents from any and all claims, demands, costs, liabilities, suits or causes of action including without limitation, those damages from acts of passive or active negligence on the part of the City, and/or resulting from the acts or omissions of the dependent or parent or guardian or designated responsible adult supervisor or otherwise resulting from the use of such premises, facilities, and equipment by the undersigned s dependent or parent or guardian or designated responsible adult supervisor or any injury or damage to a person or property sustained, suffered, incurred or otherwise directly or indirectly caused by undersigned s dependent or parent or guardian or designated responsible adult supervisor on said premises at any time heretofore or hereafter. In addition, the undersigned acknowledges that no representation or warranties of any kind have been made as to the condition of the premises or its equipment and the undersigned accepts the same for himself/herself and the undersigned s dependent as is . 2. The mdersigned acknovviedges and agrees that the fitness center use by the below listed applicant shall be done mder the direct supervision of a parent, guardian or designated responsible adult over the age of 21, Whose sole purpose of being at the facility will be the one- on-one supervision of the applicant to insure that proper safety and utilization of the equipment and facilities are folloV\ed 3. If my dependent should suffer an injury or illness as a participant, I authorize City representatives to use their discretion to have my dependent(s) transported to a medical facility for treatment and I take full responsibility for this action and agree to pay any expense incurred for this treatment. Item # 20 Attachment number 1 Page 2 of 2 4. Designated responsible adult(s) approved by the parent or guardian to supervise the ages 12 and 13 year olds use of the fitness center. Applicants Name Age Date of Birth Signature of Parent or Guardian Date Phone # Work Phone # Item # 20 Attachment number 2 Page 1 of 1 City Council Policy Leisure Section Item D D. Ages 12 - 13 supervised use of City recreation fitness facilities. The following guidelines govern the use of City recreation fitness facilities by users ages 12 and 13. 1. This section shall apply to the use of fitness facilities for individuals who have achieved the age of 12 or 13 on the day of, or prior to, the day such individual requests such use. 2. Use of the fitness area by such persons is governed by this Council policy, and is limited to instances where such person is actively, directly supervised by the individual's parent, legal guardian or a designated responsible adult, in a one on one setting. Any other use of City recreation facilities by 12 and 13 year olds is strictly prohibited. 3. A parent under this policy IS defined as either the biological parent or legal guardian. 4. A responsible adult under this policy is defined as a person who has achieved the age of 21 on the day of or prior to the date of the use and is designated by the parent or legal guardian on the "Parental Consent and Waiver/Release of Liability" form. 5. An acceptable level of supervision under this policy is considered to be achieved when the parent, legal guardian or designated responsible adult is not engaged in any other activity (i.e. working out or in conversation with another user) during the performance and attendance of the designated youth participant. 6. This level of supervision is designed to ensure proper focus and attention to achieve safety standards and requirements, including proper technique, appropriate equipment selection and use. Further, the required supervision is designed to protect other users of the facilities. 7. City staff will monitor for compliance of this policy. 8. Both the parent, legal guardian or designated responsible adult and individual child, must have valid access to the fitness facility by paying the appropriate daily fee, or by securing the proper membership that allows use of the area. In addition, the parent or legal guardian must agree to and sign the "Parental Consent and Waiver/Release of Liability" form and identify the responsible adult(s) who may supervise the child. 9. Staff, in its sole discretion, shall retain the right to eject any party not complying with this policy. In addition, failure to adhere to this policy shall result in immediate, permanent termination of the youth participant's fitness facility use rights. Item # 20 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a five-year contract with IKON Financial Services for high-speed copier lease and maintenance for a monthly total of $2082.38 plus overages as allowed by contract in accordance with Miami-Dade County Public Schools Bid #128-FFl1. (consent) SUMMARY: As part of the city's analysis of operational efficiencies, Public Communications conducted a review of its graphic reproduction operation to determine the best direction for future business-needs copying and printing. Based on the analysis, it was determined that high-speed copying, color copying, design and bindery remained significantly less expensive if retained in-house. the City of Clearwater's current five-year high-speed copier lease and maintenance agreement expires on September 30, 2007. The new contract cost is $1317.38 per month for the lease and $765 per month for maintenance, which includes all supplies other than paper and staples. In general, the new agreement: - Reduces the city's annual costs by $49,611.24 ($248,056.20 over the contract term) - Adds efficiency/capability by integrating certain bindery functions - Reduces "overage" costs from .005 per copy to .0031 per copy Over the past 12 months, Graphics averaged 250,292 black & white copies per month. The April 2007 analysis determined that the comparable contract cost with an outside printer would be in excess of $10,000 per month. Based on this analysis, maintaining copying for "business needs" in-house remains more cost -effective than contracting the service to a third party. Staff recommends approval of the contract. Funds are budgeted in the Public Communications Department/Graphics Division for FY 2008. The contract includes a "non- appropriation" addendum that will allow cancellation of any remaining years should Council decide not to fund the Graphics operation in future years. Additional bids: Ricoh - $2,375.27/month ($142,516.20) IKON/Canon - $5,818.75/month ($349,125) Canon - $6,723/month ($403,380) Xerox - $7,881.60/month ($472,896) Oce - $4,817/month ($289,020) Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other Yes Budget Adjustment: No o $24,988.56 $124,942.80 Annual Operating Cost: Total Cost: 2008 to 2012 Appropriation Code 555-09225-544100-512-000- 0000 555-09225-530300-512-000- 0000 Amount $79,042.80 Appropriation Comment Eqpt. Rental Cover Memo $45,900 Item # 21 Maint. Contract Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Miami - Dade Public Schools #128-FFll Bid Number: Bid Exceptions: Other Government Bid Cover Memo Item # 21 Attachment number 1 Page 1 of 7 .11I MllP=::~V.L~~~m~ 11111 IKON FinaIIGiat3Ervices" n Product Schedule Number: Master Agreement Number: This Product Schedule ("Schedule") is made pal1 of the Masler \~rcement ("Master Agreement") identified on this Schedule between IKON Financial Services ("we" or "us") and CITY OF CLEARWATER . as Customer ("you"). All tenns and conditions of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete and independent agreement. independent of all other Product Schedules to the \laster Agreement. CUSTOMER INFORMATION FL 33758 State CITY OF CLEARWATER Product Location 711 MAPLE ST PRINT SHOP Address CLEARWATER PINELLAS FL 33758 City County State Fax:-lumber/E-mail Address: (727) 462.6865/NA@NA.COM Zip CITY OF CLEARWATER Customer (bill to) 711 MAPLE ST Address CLEARWATER PINELLAS City County Customer Contact Name: CHRIS HALL Zip l"eleRhone ~umber: <661 PRODUCT DESCRIPTION ("Products") .....umber PA YMENT SCHEDULE Minimum Tenn (mos.) Payment Without Tax Payment Due: (check one) Advance Payment: $ by Check # 60 ~ Monthly $ 1317.38 Quarterly o Apply to I" Payment Other o Other Sales Tax Exempt: Addendum(s) attached: [2] YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) o YES (check if yes and indicate total number of pages: ----> TERMS AND CONDITIONS I. The tirst Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance fonn. 2. You, the undersigned Customer, have applied to us to rent the above-described items ("Products") for lawful commercial (non-consumer) purposes. THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREDIIC'T FOR THE MINIMUM TERM INDICATED ABOVE. lfwe accept this Schedule. you agree to rent the above Product(s) from us. and we agree to rent ,uch Product(s) to you, on all the terms hereof. including the Terms and Conditions on the Master Agreement. THIS WILL ACKNOWLEDGE THAT VOl. IIA VE READ AND U;'IiDERST AND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCmmU.E A:'IiD THE MASTER AGREEMENT. "'. Additional Provisions (if any) are: THE PERSON SIGNI;'IiG THIS AGREEME:\T 0:\ BHIAI.F OF THE Cl.:STOMER REPRESENTS THAT HE/SHE HAS THE Al.:THORITY TO DO SO. CUSTOMER Accepted in Macon, Georgia by: IKON FINANCIAL SERVICES x Title: Dale: X Authorized Signer Title: Dale: Authorized Signer (Authorized Signer's printed name) (Authorized Signer's printed name) IKON Financial ScrviccsSI\! is a service mark of IKON Office Solutions. Inc. and is used herein under license. P.O, Box 9//5, ,'rlaeon, GA 31208-9//5; 1-800-800-1060 [':; '.\ U9CJ-l Item # 21 IKON Web Sales Forms Attachment number 1 Page 2 of 7 .. Document Efficiency At Work.'" Sales/Service Order to Master Maintenance & Sale Agreement Master Agreement Number Master Agreement Date: Cll~tOllJcr Information: Cnstomer Billing Contact: CHRIS HALL CITY OF CLEARWATER (727) 562-4661 (727) 462-6865/NA@NA.COM Full Legal Name Phone Extn. FaxlEmail 711 MAPLE ST PRINT SHOP 711 MAPLE ST Customer Loeation Address Customer Billing Address (if different) CLEARWATER PINELLAS FL 33758 CLEARWATER PINELLAS FL 33758 citY County State Zip City County State Zip AUTHORIZA nON This is a SaleslSenlce Order made pursuant aud subject to the terms 'lAd conditions of the above-referenced Master Maintenance & Sale Agreement betwcen Customer and IKON Office Solutions, Ine. ("Agreemcnt"). The signature below Indicates that the Customer accepts all terms and conditions of tbls sale. Including but not limited to the terms and conditions set forth In tbe Agreement and Exhibit A thereto, all of which are Incorporated herein by reference and made a part of this Sales Order. This Sales/Service Order is not vaUd unless and until signed by an Authorized M f IKON Office Solutions, Ine. ;'!'j}qc\,:,':'I'Ji~~~!~\t!;jf~i$~~~Jj~~~$~;\~~i~)f~]e~';i:$;~j~'i Authorized Signature: Signer's Printed Name: Title: Date: Authorized Signature: Signer's Printed Name: Title: Date: Cheek if Sales Tax Exempt ("'Must attach valid Exemption Certil1eate) Initial Order (Use the spaces provided below to identify the initial order qf Products and/or Services to be purchased under this Agreement.) PRODUCT DESCRIPTION Cheek If Additional Product Description page(s) attached Product ( h:lrgc' Sen in' l.e\ d Gold: Includes all supplies and staples. Excludes paper. Silver: Includes all supplies. Excludes paper and staples. Bronze: Parts & Labor only. Excludes paper, slapIes and supplies. PlusPak: Toner, Parts and Labor (see Exhibit A, Sec. 12). Excludes paper, staples, and MA kits. Total Product Charges: Excludes Taxes Check if Professional Service fees included Sl'n ice ( h.lrgcs Minimum Term (mos.) For Gold, Silver, Bronze Senice Levels Only Cost Per Image For Gold, Silver, Bronze Senlce Levels Ollly Guaranteed Minimum Volume - Monthly/Quarter/Other For Gold. Silver, Brome Service Levels Only Cost of Additional Images For Gold, Silver, Bronze Senice Levels Only 0.0031 bw ill o o 250000 bw 0.0031 bw o CJ 12] 36 Months 48 Months 60 Months Other Monthly Quarterly Other Monthly o Quarterly o Other Service Charges Total Amount For Gold Silver, Bronze Service Levels Only of Monthly Quarterly D' Other Meter Read/Billing For Additional Images For Gold, Silver. Bronze Service Levels Only Additional provisions: Rev. .1/22/07 (PlusPaks) IKON Web Sales Fonns 11II_tt1fi~~r!HVM1111I Attachment number 1 Page 3 of 7 Sales/Service Order to Master Maintenance & Sale Agreement Document Efficiency At Work.'" Master Agreement Number Master Agreement Date: Customer Information: Customer Billing Contact: CHRIS HALL CITY OF CLEARWATER (727) 562-4661 (727) 462-6865/NA@NA.COM Full Legal Name Phone Extn. Fax/Email 711 MAPLE ST PRINT SHOP 711 MAPLE ST Customet' Location Address Customer Billing Address (if different) CLEARWATER PINELLAS FL 33758 CLEARWATER PINELLAS FL 33758 City County State Zip City County State Zip AVTHORIZA nON This is a Sales/Service Order onade pursuant and subject to the terons and conditions of the above-referenced Master Maintenance & Sale Agrceonent betwecn Custooner and IKON Office Solutions, Inc. ('"Agreeonent"). The signature below indicates that the Custooner accepts all terms and conditions of this sale, including but not limited to the terms and conditions set forth in the Agreement and Exhibit A thereto, all of which are incorporated herein by reference and onade a part of this Sales Order. This Sales/Service Order is not ,',did unless and until signed by an Authorized :\Ianager of IKO:'ll Office SolutIOns, Inc. CUSTOMER " IKON OFFICE SOLUTIONS, INC. Authorized SignatUl"e: IAuthorized Signature: Signer's Printed Name: ISigner's Printed Name: riUe: ITiUe: Date: IOate: U Check if Sales Tax Exeonpt (*Must attach valid Exemption Certificate) Initial Order rUse the spaces prodded belo\\' to idel1/W' (he initial order a/Products and/or Serl'ic:es to be purchased under this Agreemellf.) PRODUCT DESCRIPTION Check if Additional Product Description page(s) attached Product Charges Service Level Excludes Taxes Check if Professional Service fees included Gold: Includes all supplies and staples. Excludes paper. Silver: Includes all supplies. Excludes paper and stapl"s. Bronze: Parts & Labor only. Excludes paper, staples and supplies. PlusPak: Toner, Parts and Labor (see Exhibit A, Sec. 12). Excludes paper. staples, and MA kits. Total Product Chat'ges: Service Charges l\'Iinimum Term (mos.) Cost Per Image Guaranteed Minimum Volume - Monthly/Quarter/Other Cost of Additional Images For Gold, SiltIer, Bron::e For Gold, Silt'er, Brmlze For Gold, Silt'er, Bronze Service LeI'ets Only Serl'ice Levels Only For Gold, SiltIer, Bronze Sen';ce LeJ'el.'i On(J' Sen';ce Let'els Ollly 0 36 Months lZl Monthly 250000 bw 0 0.0031 bw 0 0.0031 bw 48 Months Quarterly l2J 60 Months 0 Other 0 Other Metel' Read/Billing For Additional Images Service Chal'ges Total Amount For Gold. Sih'el', Bronze Sen'ice Lel'e!s On!l' For Gold. Silver. Bronze Service Levels anI." b:J Monthly I Monthly :j;765.00 - ~ Quarterly Quarterly - Other 0 Other - Additional Provisions: Re\'. -('22/07 (PlusPaks) IKON Web Sales FOIlTIS IIII ~~i~~~11111 Document Efficiency At Work.'" Attachment number 1 Page 4 of 7 Email Address of PS Re Date of Services: Customer must already be an IKON customer to use this form without being part of the SFP Bill ToCust No.: 7557329 Pymt Method: Ship To Customer No.: PO No: PO Date: Bill To Customer: CITY OF CLEARWATER Ship To Customer: CITY OF CLEARWATER Address: 71 I MAPLE ST Address: 711 MAPLE ST PRINT SHOP City: CLEARWATER State: FL Zip: 33758 City: CLEARWATER State: FL Zip: 33758 Customer Contact: CHRIS HALL Tille: PRINT SHOP MGR Phone: (727)562-4661 IKON Sales Rep: CHRISTIANO,NICHOLAS.J Phone: MPS/FSM/SAM/SAC: SC: PBIRTWELL SC-C: SAlSSA: JCAWTHORNE Professional Services Taskl Description of Professional Services Professional Services Task2 PS/DOC SVC/MiSCELLANEOUS PS.BC SEG 6 (91 ppm + PStDOC SVCtMISCELLANEOUS PS-BC SEG 6 (91 ppm +) o Design and perform solu1ion implementation plan o Install and configure printer interface 0 Assist customer in connecting to their network o Inslall and setup print drivers/PPD's on up 10 two (2) workstations o Printer operator training for lead operalor I administrator o End user training for print drivers/PPD's for up to two (2) persons o System Administrator Training o Design and perform solu1ion implementation plan o Install and configure printer interface 0 Assist customer in connecting to their network o Install and setup print driversiPPD's on up to two (2) workstations o Printer operator training lor lead operator, administrator o End user training lor prlnl dnver",PPD's for up to two (2) persons o System Administrator Training Task 1 2 3 elKON Code PS-CONN6 PS-CONN6 OMD Code WPWY60 WPWY60 Units RICOH COPIER MPl 100 RI H PIER MP11 00 Unit Price 750 750 Ext. Price 750 750 Notes: Total Price: Price Included This Work Order shall he e1Tecti\"e as or the date of execution h~' hoth IKON and Customer. By signing helow. the undersigned .-epresent that they are duly authorized to cnter into this \\'ork Order on If of their respecth'c entities. te: IKON OFFICE SOLUTIONS, INC. By: Name: Title: Date: TERMS AND CONDITIONS The pertormance by IKON of the Sel",ices descrihed in this Work Order is subject to and shall he gO\'emed soleiy by the following terms and conditions: Customer engages IKON to perfonTI the services described in this Work Order (the "Services"). Changes to the scope of the Services shall be made only in a written change order signed by both parties. IKON shall hu\'e no obligation to commence work in connection with any change until the fee and:or schedule impact of the change and all other applicable terms are agreed upon by both parties in writing. IKON shall provide the Sen"ices at the Customer location set forth herein or on a remote basis. [n consideration of its Services hereunder. Customer shall pay IKO:-.l the Sm'ice fees in the amounts and at the mtes set lorth above. Customer shall pay all amounts payable to IKON hereunder \Iithin thiny (30) days orthe date of the inloice submitted by IKON. If IKON undertakes collection or enforcement dTafts. Customer shall be liable for all costs IllereoC including.. without limitnrion. reasonable attorneys' fees and late charges. IKON may "us pend or terminate Serdces for tlonMpaymetlt. Customer shall be rcspl)l1sibl~ for payment of any applicable laxes ari:;ing: in cUllnection with the tran"actions contemplated hereby (l)ther than with respect to the income of IKOl'\). Customer shall prO\iJe IKO~ with such acceS:\ to ils t:lcilitics. networks and systems as may he reasonably necessary for IKON to pertorm its Ser\"ices. Customer acknowledges that IKOi\;'s performance of the Ser\"ices is dependent upon Cu"tomer" s timely and effecth'e performance llf its responsibilities l1erelUlder. l'nless cOl1l1ecth.ity sen.ices arc specifically identitied in the Task and Description ;ection or this Work Order as pan of the Sm'ices to be pertl>nned hy IKO:\.IKO:->: ;hall have no obligation to pertonn and no responsibilitv tor the connection of any hardware or software 10 any Customer network or system, IKON shall pertixm its Serrices in a professional manner. IKO;-"; is not the manufacturer or any nfthe soltware. tools andur products utilized in connection with this Work Order. IKON shall. howc\"er. make i1ri1ilahle to Customer any \Vi.11T<.uHies made to IKO~ by the l11allllt~lctLlr~r~ (lrlh~ snnwar~. IOnl~ and or products lItilil~d hy IKO~ in cnnn~ction with its S~n'ice~ h~r~und~r. to the extent trans!erable and without recourse, EXCEPT AS EXPRESSl. Y SET FORTH HEREI:\. IKO:\ \IAKES :\0 W,'.RR.'.'\TIES. EXPRESSED OR 1\IPLlED. I:\CI.L'DI:\G WARRANTIES OF MERCHANT,\B1L1TY. OR FIT:\ESS FOR ,\ P.\RTlCLL\R PL'RPOSE. 1:\ CO:\:\ECTIO:\ WITH THIS I\'ORK ORDER A:\D THE TR..\;-O;S.\CTlO'iS CONTEMPI.ATED HEREBY, IN:\O E\'E'iT SHALL IKO'i BE L1.'.BLE TO l'L'STO\IER FOR ,\'iY "'DIRECT. SPECIAL OR CO:\SEQLDJTlAL DAMAGES OR LOST PROFITS ARISING OCT OF OR RELATED TO THIS \\'ORK ORDER OR THE PERFOR\I.\'iCE OR BREACH HEREOF. EVE:--i IF IKON HAS BEE:\ AD\'ISED OF THE POSSIBILITY THEREOF. IKON'S LIABILITY TO Ct.:STO\IER HEREL':\DER, IF .\:--iY. SH.\LL 1:\ :\0 EVE:--iT EXCEED THE TOTAL OF THE FEES PAID TO IKON HERELNDER BY CUSTOMER. I:-.J NO EVENT SHALL IKON BE LIABLE TO CLSTO\tER FOR AW DA\lAGES RES(jLTtNG FROM OR REL.-\TED TO ANY FAILURE OF THE SOFTW.\RE, INCLUDING. BUT NOT LIMITED TO. LOSS OF DATA. OR DEL.'. Y OF DELIVERY OF SERVICES LNDER THIS WORK ORDER. IKON ASS(jMES:--iO OBLIGATION TO PROVIDE OR INSTALL ANY ANTI-VIRUS OR SIMILAR SOFTWARE A:\D THE SCOPE OF SERVICES CONTEMPL\ TED HEREBY DOES NOT INCLUDE ANY SLCH SERVICES. Except for purposes of this Work Ord~r. fKON shall not use or discl(}s~ any propri~tary or confidential Customer data deri\'~d from its Sen.ices hereunder; prorided. howerer. that IKO:\ ma) use general statistics relating. to the Scn-ice engagement so long as it does not disclose the identity of Customer l)r make uny reference to any illfbrmation trom \\-hich the identity of Customer may be reasonably ascel1ained. CustOlner agrees that during the tenn of the Sen'ices and for a period of Olle" (I) year atter termination thereoC it shall not directly or indirectly solicit, hire or otherwise retain as an employee or independent contractor any employee of IKO'i that is or was involved with or pan of the Services. This Work Order represents the entire agreement between the pm1ies relating to the subject matter hereof and supersedes all prior lUlderstandings. writings. proposals, representations or communications. oral or written. of either party. This Work Order may be amended only in \\Titing executed by the authorized representatives of both panies, Any purchase order, service order or other Customer ordering document will not modify or affect this Work Order, nor have any other legal eflect, and shall serve only the purpose of identifying the service ordered. This Work Order may not be transferred or assi~'I1ed hy Customer without the prior \Hinen consent of IKON. This Work Order shall be interpreted in accordance with the substantive laws of the Commonwealth of Pennsylvania. without regard to principles ofconOicts of law. The relationship of the parties is that of independent comractors. IKON shall not be responsible for and shall he excused ti-om performance or have reasonable additional periods of time to perform its obligations \vhere it is delayed or prevented from performing any of ils obligations for reasons beyond IKON's reasonable control. including. without limitation. acts of God, natural disasters, labor disputes, strikes or unavailability of services, personnel or materials. This Work Order is separately enforceable as a complete and independent binding agreement. independent of all other Work Orders. ifany. By signing, the Customer acknowledges and accepts the terms and conditions of this Work Order, and continns that the undersigned has the necessary power and authority to enter into this Work Order on behalf of Customer. 1 OF 1 .11I ~ ~~~\d1,~11 ~i;,Mr '~~I v. 06.20.06 Attachment number 1 Page 5 of 7 Document Efficiency At Work:u Equipment Removal or Buyout Authorization Customer Name: CITY OF CLEARWATER Date Prepared: I Contact Name: CHRIS HALL Phone: (727) 562-4661 Address: 711 MAPLE ST City: CLEARWATER State: FL IZip: 133758 Fax/Email: (727) 462-6865/ QjIantily lVrake. Model, Serial Number .' .. ...C..... .../"....)...;;)): ...i.....).,....:?.."}}.}}}.: 1 OCE, 3165DC, 166052123 o Check if additional Product Description page(s) attached This Authorization applies to the equipment identified above and to the following Removal/Buyout option: [CHECK ONE I o [{] Equipment Owned by Customer. This Authorization will confirn1 that you desire to engage IKON Office Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are owned by you, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (l) IKON may rely on the request, (2) the request shall be governed by this Authorization, (3) you have good, valid and marketable title to such equipment and have satisfied all payment and other obligations relating to such equipment which may bc owing to any third party under any applicable lease, financing, sale or other agreements, (4) you have obtained any and all necessary consents and approvals required to authorize IKON to remove such items of equipment and to take title thereto, and (5) by this Authorization, you hereby transfer good and valuable title and ownership to IKON to the equipment, free and clear of any and all liens and encumbrances of any nature whatsoever and you will cause to be done, executed and delivered all such further instruments of conveyance as may be reasonably requested for the vesting of good title in IKON. IKON does not assume any obligation, payment or otherwise, under any lease, financing, sale or other agreements relating to any equipment. Such agreements shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this AuthOlization or of any obligation owing by you to any third party in respect of all equipment identified in the removal requests issued by you. Equipment Leased by Customer from IKON, IOS Capital or IKON Financial Services. This Authorization will confinn that you desire to engage IKON to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written form) to us from time to time for such purpose. By signing below, you confirm that, with respect to every removal request issued by you (l) IKON may rely on the request, and (2) the request shall be governed by this Authorization. If you are entering into a new lease with IKON or IKON Financial Services in connection with the upgrade of currently leased equipment, IKON agrees that following acceptance, the new lease will terminate the existing lease with respect to any upgraded equipment. Except for the obligations of IKON to pick-up and remove items of upgraded equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the performance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. D Equipment Leased by Customer from a Third Party. Upon execution and delivery by Customer of a sale, lease (and related delivery and acceptance certificate), service and/or other agreement ("Agreement") between IKON and/or IKON Financial Services, IKON agrees to pay to (A)D the customer (and Customer hereby agrees to promptly pay such amount to th" below named payee ("Payee")), or (B) D the Payee identitied below, an amount ("Buy Out Amount") equal to , to pay ofT and/or reduce Customer's obligations owing under that certain equipment lease agreement no. ("Third Party Lease") between Customer and Payee relating to the equipment identitied in the Third Party Lease ("Equipment"). D W-9 included 0 Third Party Quote or Proof of Buyout Amount attached Mailing Method D Mail Check (Regular) 0 Ovemight Check Payee Name: Address: City, State, & Zip Code: Attention: Distribution Code (for 3rd party transaction): The Buy Out Amount reprcsents the total amount payablc by IKON for such purpose. IKON shall have no obligation, and docs not assumc any obligation, under the Third Patty Lcase. Customer aeknowlcdges that Customer is solcly responsible to make paymcnts to the Payce under thc Third Patty lcase, to rctum the Equipment at thc appropriate timc to thc appropriate location as dctcnnined by thc Payee, and to tilltill any and all payment and other obligations under the Third Patty Lcasc. Customer agrces to indemnify and hold IKON harmlcss trom any losscs, damages, claims, suits and actions (including rcasonable attomeys' fecs) arising [l'om thc breach by Customer of any of its obligations contained in this authorization andlor thc Third Pmty Lease. Vendor Code: AGREED AND ACCEPTED: CUSTOMER By: Name: Title: Date: IKON OFFICE SOLUTIONS, INC. Prepared By: Approved By: Name: Title: Date: Form - Equipment Buyout Removal.11 05 IKON Weh Sales Forms Item # 21 .11I ~ ~~~~~II~I~~;!f!i~ 11111 Attachment number 1 Page 6 of 7 Document Efficiency At Work:" Equipment Removal or Buyout Authorization CustomeI' Name: CITY OF CLEARWATER Contact Name: CHRIS HALL Address: 711 MAPLE ST State: FL Date Prepared: (727) 562-4661 CLEARWATER (727) 462-6865/ 1 CANON, IT1l0, NSW00342 D Cheek if additional Product Description page(s) attached This Authorization applies to the equipment identified above and to the following RemovallBuyout option: [CHECK ONE] D [{] Equipment Owned by Customer. This Authorization will confirm that you desire to engage IKON Office Solutions, Inc. ("IKON") to pick-up and remove certain items of equipment that are owned by you, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written timn) to us from time to time for such purpose. By signing below, you confinn that, with respect to every removal request issued by you (I) IKON may rely on the request, (2) the request shall be governed by this Authorization, (3) you have good, valid and marketable title to such equipment and have satisfied all payment and other obligations relating to such equipment which may be owing to any third party under any applicable lease, tinancing, sale or other agreements, (4) you have obtained any and all necessary consents and approvals required to authorize IKON to remove such items of equipment and to take title thereto, and (5) by this Authorization, you hereby transfer good and valuable title and ownership to IKON to the equipment, free and clear of any and all liens and encumbrances of any nature whatsoever and you will cause to be done, executed and delivered all such further instruments of conveyance as may be reasonably requested for the vesting of good title in IKON. IKON does not assume any obligation, payment or otherwise, under any lease, financing, sale or other agreements relating to any equipment. Such agreements shall remain your sole responsibility. As a material condition to the perfornmnce by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees arising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you to any third party in respect of all equipment identified in the removal requests issued by you. Equipment Leased by Customer from IKON, IOS Capital or IKON Financial Services. This Authorization will confirm that you desire to engage IKON to pick-up and remove certain items of equipment that are currently leased by you from IKON, IOS Capital or IKON Financial Services, and that you intend to issue written or electronic removal requests (whether such equipment is identified in this Authorization, in a purchase order, in a letter or other written fom1) to us from time to time for such purpose. By signing below, you continn that, with respect to every removal request issued by you (I) IKON may rely on the request, and (2) the request shall be governed by this Authorization. If you are entering into a new lease with IKON or IKON Financial Services in connection with the upgrade of currently leased equipment, IKON agrees that following acceptance, the new lease will terminate the existing lease with respect to any upgraded equipment. Except for the obligations of IKON to pick-up and remove items of upgraded equipment, IKON does not assume any obligation, payment or otherwise, under your lease agreement, which shall remain your sole responsibility. As a material condition to the perforn1ance by IKON, you hereby release IKON from, and shall indemnify, defend and hold IKON harmless from and against, any and all claims, liabilities, costs, expenses and fees mising from or relating to any breach of your representations or obligations in this Authorization or of any obligation owing by you under your lease agreement. D Equipment Leased by Customer from a Third Party. Upon execution and delivery by Customer of a sale, lease (and related delivery and acceptance ceI1ificate), service and/or other agreement ("Agreement") between IKON and/or IKON Financial Services, IKON agrees to pay to (A)D the customer (and Customer hereby agrees to promptly pay such amount to the below named payee ("Payee")), or (B) D the Payee identilied below, an amount ("Buy Out Amount") equal to , to pay off and/or reduce Customer's obligations owing under that certain equipment lease agreement no. ("Third Party Lease") between Customer and Payee relating to the equipment identified in the Third Party Lease ("Equipment"). o W-9 included DThird Party Quote or Proof of Buyout Amount attached Mailing Method D Mail Check (Regular) D Ovemight Check Payee Name: Address: City, State, & Zip Code: Attention: Distribution Code (for 3rd party transaction): Thc Buy Out Amount rcprcscnts thc total amount payable by IKON for such purposc. IKON shall havc no obligation, and docs not assume any obligation, undcr thc Third Party Lcasc. Customcr acknowledges that Customcr is solcly responsible to makc paymcnts to the Paycc undcr the Third Palty lease, to retum the Equipment at thc appropriate time to the appropriate location as detennined by the Payee, and to fulfill any and all payment and other obligations under the Third Party Lease. Customer agrees to indemnify and hold IKON harmless liOln any losses, damages, claims, suits and actions (including reasonable attol11eys' fees) arising from the breach by Customer of any of its obligations contained in this authorization and/or the Third Party Lease. Vendor Code: AGREED AND ACCEPTED: CUSTOMER By: Name: Title: Date: IKON OFFICE SOLUTIONS, INC. Prepared By: Approved By: Name: Title: Date: Form - Equipment Buyout Removal.11 05 IKON Weh Sales Forms .11I ~ t~,~~~"al~~ ,,,111111 Attachment number 1 Page 7 of 7 .. DoamutEliclency At WeIt.. *Ricoh MP-IIOO* Included Accessories List 1. Ricoh Finisher SR5000 2. Ricoh Fiery EB-135 Print Controller 3. Ricoh LCT RT5010 DL T 4. Ricoh Punch Unit PU5000 5. Ricoh Booklet Finisher BK5000 The above accessories are included on BOTH Ricoh MP-IIOO's. Item # 21 ,b}"'J:-: Oct-03-2003 13:50 From-PUBLIC COMMUNICATIONS Master Agreement CUSTOMER; Number: City: {}in; Or (1j EAiZjDR7ErZ- j (JO ~r:;u"h m\/I? 'rl..e Au~ ~r()e:.. I (!j ~A/?d.1 )r~rFR.... StatB:R Zip: 6<=5 t~j/) Full Legal Name: Address: 727-562-4696 T-578 Attachment number 2 Page 1 of 5 P,002 F-217 IOSCapitar Contact: 'JJEJ J\{ 111A\.{hc... Phone: 1rilf-5fr1:)-dfdo This Master Agreement ha~ been wril1~n in "lenr, easy to U11dcrS~lnd English. Wilen we tlSe the words "you", "your" Or "Cu5tomor" in this Master AgreemenT, we mean you, OUr CUStomer, as indicated above, When w~ \IS~ the words "wo", uus", uour" or "IOS C:lpit"l" in this MMtCf Agreement. we moan IOS Cal'iQI, rnc" " wbolly-owned subsidial)' of iKON Office Solutions, Inc. ("IKON")_ IKON is the equiptnent supplier and is o~e of lhe lnrgost distribulor.; of office solutions illlhe world, Our principal corpOl'lltc office is locuted at 1738 Bass Road, Macon, GA 31210. I. Asrcemt;'!nl. W~ ilgree to rem to you, and )'ou ugree to rent froIll us, subject to 1l1e termS of this Master Agreement, the personal and intangiblo propt:rty described ill My equipment sehcdule (a "Scbedule") exocuted by you "nd us and ineorpOttlting tbe tCnllS of ~his M~SI~r Agreement by rcfcr~nce (th~ ':Agr~ment"). Th~ personal and mkmglble propc:rty described on a Schedule (Iogethc:rwilll all au.1chm~nls, repIs.comont,<, parts, substitutions, adl!itions, repain;, and nccessorias ineor'pomted in or affixed to Ihe propcrty alld an)' li~ense or subscription rishrs asso~iilted with the prol'~rly) will be eollecrivI:'ly tl:f=ed to as "Produer"_ Th" rtlanllfole1urer andlor vcndor of Ih. ~'\tIgible Produ(;t shall be referred to as th<> "Vendor." to the extent thc Product includes intHngible property or associaled services such as periol!ic soflw.m: licenses and pro. paid data basc subsetiplion nl:hts, such intangible prop~rty shall be referred ro as lh~ llSoftwarc..!' . 2, S~h.dules; Delivery and Aeecptanc\,\. EiI~h Schedule that inC\ll'por;l!~~ this Master Agreement shall be govcnlCd by Ih~ terms and conditions of t1ti~ Milster Agreement, as well 3.S rhe tenns and conditirlfiS set forth in such individu;ll Schedule_ Each Sehedllle sh~1l eon.;!ilult;'!" complete agreement soparate aT\d distinct from this Ma.<tel' Al!:rCemt;'!nt and any other Schedule. The tcrmination of Ihis Master Agreemcnt will nO~ i1fil:ct any Scbedules executed prior ro rhc effective dill. of sllch temlinatioll. Wh~n you receive the Product, you agree to inspoct it to det=ine it is in good workitlS Order, Scbeduled Payments (as spceificd ill. the app]i~ilble Scbedule) will begin on Ibe Product delivery dare ("Effcctivc Date"). You agr~e to sign and return to Uo a .;Ielivery nnd acceptance certificate within rhreD bllsiness d..ys after any Product is install~d. 3_ Term; Paym"'llts. The fir"! scheduled Payment ("-" sp"cifi",u in the applicable Schedule) ("Payment") will b~ due on or before the Effective Dille, Th. remaining Payme~t> will b~ .;Il>e on the S,\me day of OIlch IIUbsequcnt month, unless othetwise ~pecjfied on lh~ ;lpplicrJble Sr;heduIe. Ifnny Paymcllt or oth~r amount payable undel' all)l Sehed- 1.11.. is not paid within ten days of i[f,' due dute, you will pay to ~, in ilddition to IhM pilytnent, a lale charge of 5% of the ov~rdllC: payment (but il) IlO even! greater th"n the maximum amount allowed by appliCllble law). You agree to p"y $25_00 for CIlch chock Illat the bank rctllms for insufficiem ful1d~ or f,)r ilny other reason. You also agree that THIS IS AN UNCONDITIONAL, NON-CANCELABLE AGREE- MENT FOR THE !v'UNIMUM TERM INDICATED ON ANY SCHEDULE TO THIS MASTER AGREEMENT. All paymenl<l ro US ilte "nef' und nre not subjcet to S~l oil' or r.du~tion, 4, Ptoduct Location; Use and Rcpair. Y,)U will keep and use the Product only ut the Prod- uct Location showa in the applieilble Schedule. You will nOI move the Product n'Otn the location 'pecified in the appli~ilble Schedule or mak~ ;\ny rlllerations, additioll~ or replacement< to thc pro(luct without our prior wrincn COnsent. which consent will nol be unreaSOnilbly withheld. At your own COf.t ~nd ~xp<:nse, you will ""'ep the Product eligible for any manufacturer's ccnil1eillion und in compliane~ with rlpplicable laws (mu in good condition, exccpt for ordinilIY went and teal'. All alt~ru~ions, additionR or replacemcnts will becom~ p.1ft of the Product alld our property ar no COSI 01' expenSe to lK We m;ly in'll~~t the Product at any reason;',bJe lime_ 5. T.l~es and Fees. In addition to rhc paymonl5 under thif. Maf.ler Agreoment, you agree 10 pay all t3xes, fees, and filing costs related to tile use of the Product, cvan ifbill~d after thc end of the term of this Master Ag,~eement or any Schedules. If w~ ;Ire required to fill: and p~y prOperty t;lX, you ugree to reimburse- us. If you are requiroQ t(. fil<: und pay the taX"'S directly to the tax collcetor. we will notify you. 6_ Wilffilnties. We rran<:fer to yOu, witbout recourae, for ~he term of eseh Sch~(lllle, any wilrrrmtios madc by the Yondor or Supplier C~s d~fined in Section 10 of lhi. Mastcr Agrecment) with r~spt:ct to 1l1e PrOduct r~nled purSllllllt to su~h Schedule. We Wamm\ that \V~ will not interfere with )lour 'tuiet enjoyment of Ihe Itse of [hc Product '0 long as no ev~nt or default undcr this M:IStor Agreement or ~ny Schedule shall h:we o;;cllITed and b~ r;ontinuing_ The p:ll1i",~ \0 this Master As~~ernt;'!nt eoch ackllow]~de~ thot IDS CnpiwJ is u wholly owncd $llllsidi~IIY of u(ON. YOU ACKNOWLEDGE TI-IAl WE DO NOl MANUFAcruRE OR DESIGN THE PRODUcr. you ACKNOWllDGE THAt WI DO NOT REPRESENT THE MA..m.Jl'ACTIJIl.ER, VENDOR OR EQUIPMENT SUP T'LIEl.l.. AND THAT YOu HAVE SELECTED nili PRODUcr AND THE VF.NT1()~ BASED ON YOUR OWN JUDGMENT, However, notwithstanding anythi...~ 10 the coo- tnuy, if you cn~er il\lo any maintennnce ngrecment ("Maintenance Agreemenl") with IKO}: willi respect 10 any Product, no provision, clau<lt: or parag;raph of thiS Ma~ter Agreom<:n: shall alter, restrict. diminish orwnive the rights, rcmedies or bcnc!it.~ that (D you ma.y Imv. a8'linsI IKON us n vondor ofthe Product or in COllneetiOll With Iho): Mainlenance Agroem~al Or (Ii) you may have ag:linst lKON unde~ Article 2;\ of the UCC, EXCEPT FOR OIJR WARRANIT OF QUlET ENJOYMENT, WE lv1AKl! NO WAl:tRANTY, EXPRESs OR IMPLIED,AS TO ANY MATTER WHATSOEVER INCLUDING. BlITNOT LIMlTED TO, THE IMPLIED WARRANITES OF MERCHANTABILITY OR. FITNESS FOR A PARTICULAR PURPOSE. AS TO US, YDU RENT TI-IE PRODUCT (5) '''A.S-IS''. The only WlltIllIlties, c''lpreas or implied, made to )lOll ~r<> t)1e warranlies (if imy) made 1>y Iho Vendor to you in any docwllctlt$ ~ccllla<:l b)l ~nd bet\wen Ih~ Vendor and YOIl, YOU AGREE THAT, NOTWlTl-ISTANDINO /\NYTHlNG TO THE CON1RARY, WE ARE NOT RESPONSIBl.E FOR. AND YOU WILL Nor MAKE ANY CLAlM AGAINST US FOR, ANY DAMAGES, WHETHER CONSEQUENTIAL. DIRECT, SPECT.f\L. OR INDIRECT. 7- Lof,f, Or Dilmag~, YOll are responsiblc for any theft, de!ltntction of, or dal'll~g. to, the Pt'Qduc~ (~ollectively, "Los.") from any cause at all, whether or not insured, from the tim~ ofl'roduct delivery to youlllttiI it is delivered to us at the end ofthe Schedule. You ar<: required to make all Payment.~ evcll ifthcre is ~ .l--Of-s. y,>u mu,[ nOlify us in writins immedistely of any Loss_ Theil, at our option, you will aith",r (a) r~[J~ir the Product 8\1 that it is in goojl condition and WOJ'killg (Jl'dor, aliBibl", for arty malluf<lctllrer's eeniftc:~. tion, (Il) pay ~ Ill" ~mOIlIlIl: specified in Section 12 below, or (c) replace Ille Ptudur;t wirh eqllipment ,lf~imililf "g~ and cupar;ity from IKON_ 8. Illd~It)llil)l, Liubility nnd Insurance, (a) The parties to this Master A!;\fe..ment will ind~mnify, d"feml nnd hold each other harmlesa from alllos.eo, damages, daims, suit. ~nd a~tions (including courr eo.", Blld reasonable attol1leys' fees) (..t;cl~jms") arising out of any breach of chi! Masrcr Agrecmc1lt elteal)1 ro Ihr,; el'tef)t caused b)' tho neg- ligence or imentional aers Or I)["t\issions of th~ O(h~r. (bi Bec~uso you have sole pos- sossion and eOI'HrClIM Ihe Ptl,duct, you ar~ fully re'llonsible for any Claim, or olher damssc, injury O( loss e'lUsed by (or toi the Product resulting from thc Ilse, misuse or poss",ssion of the Product or any accident or other casualty relating to the ProducL We !\re responsible for damagc or injul'Y to thi,'d porsOtlS Whelllhe daIllage or injury is CiUtsed e"cIusively by our ncgligent B'''-'' 0,' Olllio~:iOn,'. You ~gr",e to maintain insursne~ to cover the Product and will nanl'" uS flS '\n additionul insured and loss pllyee Oil ~Our insurance policy, StJ~h insuwll(;e will provide that we will be given 30 days ~dvllnce Iloliee of ;my ciU1c<:llation. If you fail to providc cvidcnee of illSUl'a"C", reasonably S;llisfactory to IlS. you amhori~o UR to obtain coverage (11'\ )lour behalf and you agrcc to pay far this eove,'age. In the ",vt;'!nE of loss Or diUlluge to the Product. you agree [(l remilin I'''oponsibl~ for Lbe puyment obligations under this Muster AgreemCllr umil [he pllymem (lbligiltiOns ilre: fully satisfied. 9_ Tille; Recording. We are the owner of and will hold tille to the PrOOucl (except for :lny SOtlware), You will keep the Product frec of all licns alld "'nCl1mbrnnees. Except ~s (ell~~I~d on nny Schedule, you agree tltat thi$ MaRter Agn:emenr is a lme rontu], However, if an)l Schedule is deemed to be intended for sc;curiry, you hcreby !;\~atlt to us iI purchase money security interest i,l the Prot;lu~1 ~overed by the applicable S~h~dl1le (including any replaeClllDllt~, substiEuTioos, ildditions, Ilttaehmenl~ and proceedS) as secul'ity for \h~ pi1ym~nL of tbe amounts undor each, Schedulo. You authorize Us tl) fiJ~ iI copy of this Muster Agrecmelu and/or nny 5~h~dule a8 a fil1M~ing st3terl1~n! !tnd appoint u. oj' QUI' deoigllee ~s )'Our ,,[tomey-in-fact to exccute and file, on your behalt~ financing st-atemen!s COvering the Produer. ~~~~iiJlP~~\Nm-~Ji~~iIli~r~,\fW.lWi>~l1\:i!iI.IIiiliI~161\'l11i!.\llf;f1M\i'\'Il.'iJ!\&"IilIfi\'I1!lII!III!'!I\l'IlMlr\I<\i.'\\lfJ""m4I\lli'fl)J'!~1!"1MJ''''')V'~~'''''''''''('_''''''''''''''''''''''''''_'K''''''' Item # 21 Oct-03-2003 13:51 From-PUBLIC COMMUNICATIONS 727-562-4696 Attachment number 2 Page 2 of 5 T-578 P.004/011 F-217 IOS Capital, IncIU P,Q. Box 9U5, Macon, GA 31208~9115 Non-Performance Cancellation (Six Month) Addendum ADDENDUM C'Addendum"), dated as of the 1st day ofMav, 2002, to that certain agreement no. ("Agreement") between IOS Capital, Inc. ("we" or "us") and City of Clearwater, as customer ("Customer" Or "you"). The parties, intending to be legally bound, agl"ee that the Agreement shall be modified a.s follows: 1. Limited Non-Performance Cancellation Right. (a) IKON OfficeSoluriollS, Inc. ("IKON"), our corporate parent, has committed to you to perfonn those certain perfoffilallCe commitments ("'Performance Commltm.ents") set furth on Exhibit "A~' with respect to the equipment ("Equipment") relating to the Agreement. lfIKON fails to so perform as relates to any item of Equipment, please forward a registered letter addressed to the Quality Assurance Department located at 1738 Bass Road, Macon, GA 31210 describing either the specific Equipment problem or detailing the specific Performance Commitment(s) IKON has not met. If, at any time from . the date of this Agreement up through and including the date occurring 6 months after the date of this Agreement, IKON has not corrected any such problem Or repaired or replaced the non-performing item of Equipment (with comparable Equipment of equal or greater capability at no additional charge) within 30 days of your registered letter, you may notify uS in a sepamte registered letter (to the above address) ofyaur intent to cancel that portion of the Agreement relating to the non-performing item of Equipment as of the date occurring thirty (30) days from the date YOUT cancellation letter is received by us. 'This limited non-performance cancellation right will be deemed to be null and void. and of no further force or effect, as of the date occurring 6 months after the date of this Agreement. (b) Follo'Wing the date of any such cancellation, you will owe no further financial obligation in connection with that portion of the Agreement relating to the non-perl'onning item of Equipment due (you will still owe a prorated amount for the remaining Equipment)_ All financial obligations from the corrunencement of the Agreement up through and including the cancellation date, however, will remain your responsibility. The Agreement will continue fOf aU other item:.i of Equipment. 2_ All capitalized terms used but not defined in this Addendum will have the meanings given to them in the Agreement. Except to the extent modified by this Addendum, the tenns and conditions of the Agreement will remain unchanged and shall ~ntinue in full force and effect. IN WITNESS WHEREOF, each party has caused its I~fuly authorized officer to execute this Addendum, as of the date first written above_ CUSTOMER: CITY OF CLEARWATER IDS CAPITAL. INe. 'r By/' ::x::e R rmc-ha) b1 b""/11LL~E Authorized Signer 'bIDQk. . By: Authorized Signer Item # 21 Oct-03-2003 13:51 From-PUBLIC COMMUNICATIONS 727-562-4696 Attachment number 2 Page 3 of 5 T-578 P.006/0l1 F-217 Ex:hibit A Performance Commitments BETWEEN City of Clearwater & IOS Capital/IKON OFFICE SOLUTIONS Guarantees The Guarantees arc applicable to the equipment (Equipment) described in this Agreement. The Guarantees are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours. They remain in effect for the Minimum Te:rrn ~n lone :'In nO ongoing dt'fault exists on your part. Term Price Protection TIle Cost per Image and the Cost of Additional Images are guaranteed ilgainst any price increase for the ternl of this Agreement, unless agreed to in writing by an Addendum signed by both parties. Service and Supplies IKON provides full coverage maintenance including replacement parts, drums, labor and all service calls during our nonnal business hours. This Program also provides all supplies required to produce images on the Systems covered under this Agreemenr, including staples. The supplies are provided according to manufacturer's specifications. Optional supply items such as paper and traIlSparencies are not included. Guaranteed Response Time We guarantee a quarterly average response time of2 to 6 hours for all service calls located within a 30 mile radius of any IKON office and 4 to 8 hours for service calls located within a 31-60 mile radius for the term of this Agreement. Response time is measured in aggregate for all machines covered by this AgreemenL If the response time guarantee is not met, a credit equal to one month's minimum payment will be made available upon your requesT. Credit requests must be made in writing via a registered letter to the address specified in the" Correspondence" ~ection below. Uptime Performance Guarantee The System(s) provided under this Agreement will be operational with a quarterly uptime average of 95%, excluding preventative maintenance tinle or we will, upon request, provide a loaner of similar or upgraded features at nO additional cost, until the System(s) is operational. Loaner requests ml.l.st be made via registered letter to the address specified in the "Correspondence" section below_ Image Volume Flexibility At three months from the contract inception and every three months thereafter.. IKON will, upon your request, review the image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will present pricing options to conform to a new image volume. If you decide an upward Or downward adjustment of the Guaranteed Monthly Minimum Images is advantageous, a new Agreement must be signed by both parties. The new Agreement may not be less than the remaining ternl of the existing Agreement but may be extended for a term equal to that of the original Agreement. Adjustments to Guaranteed Monthly Minimum Images commitment may result in a higher or lower cost pel' image and monthly payment. A dovvngrade is limited to 25% of the original Guaranteed Monthly Minimum Images. Upgrade Guarantee At any time after six months from the contract inception, you may reconfigure the Equipment by adding, exchanging, or upgrading to an item of Equipment with additional features or enhanced technology. You must sign a new Agreement of like original term. The Images Plus Cost Per Image, The Cost of Additional Images and the Minimum Monthly Payment of the new Agreement will be based on the Equipment and new unage volume commitment. Performance Commitment We are fully committed to perfonning the guarantees of this program as outlined above. If wa fail to do so, you must notify the Director of Service via registered letter at the below address specified in the "Correspondence" section, detailing the Item # 21 Oct-03-2003 13:52 From-PUBLIC COMMUNICATIONS 727-562-4696 Attachment number 2 Page 4 of 5 T-578 P.007/011 F-217 specific guarantee(s) we have not met. We will have 30 days to correct the problem. Correcting the problem may include replacing the Equipment to cure Equipment non-performance or issuing a credit. If we have nOT corrected the problem within 30 days, you must notifY us via registered letter of your intentto cancel the contract in 30 days, after which no :fu:r1ber fmancial obligation pertaining to the non-performing Equipment is due. All financial obligations from the commencement ofthe Agreement to the cancellation date remain the responsibility of the Customer. Customer Sel"Vice IKON Office Solutions will provide City ofClearwacer with good customer service described as responding to requests for information, materials, quotes, and questions_ Ikon will provide second level escalation for problem solving. No more than 3 recorded and reasonably substantiated instances of non-compliance per month, provided that Supplier has not remedied any such non-compliance within 5 business days of written notice. Cancellation under this provision is available -only for IKON'sfailure to meet the guarantees outlined on this page and validfor the first six (6) months from equipment installation. After the initial six (6) months City ofC/ear'rl-'mer may not cancel (he agreement and IKON will be obligated to repair or replace the system(s) that are not performing according to the guarantees outlined above. Correspondence Please send all correspondence relating to this Program via registered letter to this address: IOS Capital Quality Assurance Department 1738 Bass Road Macon, GA 31210 Read, Agreed, & Signed, Customer:~'e;,,~~ C~~I~;;;;;r:Narii~ ........_._._._..-'_.......__....".,,1.... ,. .." _ IKON Office Solutions Date Date Item # 21 1;./"':"" .ft. Attachment number 2 Page 5 of 5 T-578 P.009/011 F-217 Oct-03-2003 13:52 From-PUBLIC COMMUNICATIONS 727-562-4696 IOS Capital, Inc~ an IKON Office Solutions, Inc. company P.O. Box 9115, Macon, GA 31208-9115 NON-APPROPRIATION OF FUNDS ADDENDUM ADDENDUM ('1Addendum"), dated as of the _ day of ,20~, to that certain agreement no. CIAgreement") between IDS Capital, Inc. ("we" or "us") and City of Clearwater, as customer ("Customer" or "you"). The parties, intending to be legally bound, agree that the Agreement shall be modified as follows: L Notwithstanding anythigg in the'Agreement to the contrary, the parties to the Agreement agree that in the event of the occurrence of all (but not less than all) of the below: (i) you aTe not appropriated sufficient funds for equipment which will perfonn services and fi.nlctions which in whole Or in part are essentially the same services and functions for which the equipment covered by the Agreement ("Equipment") was rented (if such appropriation is specifically required to pay the payments ("Payments") required under the Agreement); (ii) funds arc not otherwise available to you to pay such Payments to us; (iii) there is no other legal procedure by which such Payments can be made to us; and (iv) the non-appropriation of funds did not result from any act or failure to act On your part, then you shall have the right to return the Equipment to us (at your expense, to a destination we direct, in good working condition less nornlal wear and tear), and cancel the Agreement by a written notice to us no earlier than thirty (30) days prior to the end ofyo'Ur fiscal year, 2. All capitalized terms used but not defined in this Addendum will have the meanings given to them in the Agreement. Except to the extent modified by this Addendum, the terms and conditions of the Agreement will remain unchanged and shall continue in full force and effect. IN WITNESS WHEREOF, each party has caused its duly authorized officer to execute this Addendum, as ohhe date first written above. CUSTOMER: .fl.n; 0/;'" ~/ (!HILLDPrf.& By~ See fJI/no/JLd ?5;G~m.li:[ By: Authorized Signer Date '6)0c.J:.... . Authorized Signer Date IOS CAPITAL, INe. Rr::viscd 6/00 Item # 21 Attachment number 3 Page 1 of 5 u Interoffice Correspondence Sheet To: Garry Brumback, ACM From: Doug Matthews, Public Communications Director CC: Jim Geary, Customer Service Director John Scott, Customer Service Joelle Castelli, Public Communications Assistant Director Date: April 10, 2007 RE: Graphics Operational Analysis The evaluation of Graphics started prior to the signing of a five-year lease on equipment that began in September of 2002. At that time, it was recommended to keep all graphics operations in-house. Over the last five years, Public Communications has made several investments and operational changes in an effort to close the current expenditure to revenue gap and increase operational efficiency. Despite these adjustments, the rising overhead costs have negated any gains in volume, efficiency and revenues. In October 2004, Public Communications and Internal Audit reviewed all expenses and revenues for the division, at which time the possibility of outsourcing all or part of the Graphics division was examined. Initial figures showed that the city may, in fact, be able to reduce overall expenditures by doing so, but was bound by the existing 5-year lease on part of the division's printing equipment. In September 2007, the lease for Clearwater's high-speed copying equipment expires, which provides a timely opportunity to re-evaluate the efficiencies in the Graphics operation and make recommendations. Under the current budget concerns, we've also been asked to look at all internal efficiencies to determine the best course for the future in all of our operations. This memo outlines the options reviewed and the potential budget implications for each. At the end is a recommended course of action and list of assumptions used for financial projections. The spreadsheet outlining all of the associated costs and revenues is attached. Item # 21 Attachment number 3 Page 2 of 5 OPTION 1: Continue operation as normal with a rene2:otiated hi2:h-speed lease This option would retain 100% of the current services and overhead. The existing lease on the high- speed copier expires, providing an opportunity to renegotiate much better lease terms. Chris Hall has been meeting with companies, and initial estimates are that the current budgeted lease obligation of $75,000 annually could be reduced by 25-43%, for a savings of$21-40,000 annually. The financial projections for this scenario are based on several known factors, including the 2009 expiration of current lease-purchase payments and expected staff turnover (see Assumptions). Potential five-year savings: nla Total Total Total % Revenue to Net Difference Impressions Expenditures Revenues Expenditures FY 2007 7,444,578 $444,048.08 $237,700.57 54% NA FY 2008 7,593,470 $441,362.39 $262,974.58 60% NA FY 2009 7,745,339 $462,547.78 $268,234.07 58% NA FY 2010 7,900,246 $449,190.08 $273,598.75 61% NA FY 2011 8,058,251 $470,751.20 $279,070.72 59% NA OPTION 2a: Outsource Graphics operation completely This option contemplates the comparative costs of doing all Graphics work through private vendors. Service levels are a concern in this scenario, an issue already expressed by some departments. Internal customers would have to wait longer for turnaround on jobs, or pay rush fees to see that the jobs meet deadlines. In addition, utility bill printing would have to be outsourced, again reducing service levels and potentially increasing costs to the city. A contract would have to be carefully developed to ensure that certain performance/service measures are met if this course were taken, and current internal controls on consumption and graphic standards would no longer exist. Graphic design is included in the projections. In addition to these concerns, the projected costs are actually greater than those of maintaining our current operation. Potential five-year savings: ($66,549.54) Total Total Total % Revenue to Net Difference Impressions Expenditures Revenues Expenditures FY 2007 7,444,578 $466,651.24 $0 0% $22,603.16 FY 2008 7,593,470 $475,060.00 $0 0% $33,697.61 FY 2009 7,745,339 $455,552.60 $0 0% ($6,995.19) FY 2010 7,900,246 $464,204.24 $0 0% $15,014.17 FY 2011 8,058,251 $472,980.99 $0 0% $2,229.79 OPTION 2b: Outsource all services but color copies Color copying in-house offers a significant return on investment for the city, at a lower cost to client departments. This analysis contemplates the contracting of all services, including outsourcing graphic design work, while keeping color copying functions in-house (managed through PC). Potential five-year savings: $80,315.95 Total Total Total % Revenue to Net Difference Impressions Expenditures Revenues * Expenditures ** FY 2007 7,444,578 $439,135.58 $22,066.60 122% ($4,912.50) FY 2008 7,593,470 $446,634.03 $22,867.93 127% $5,271.64 FY 2009 7,745,339 $426,198.11 $23,685.29 132% ($36,349.68) FY 2010 7,900,246 $433,902.66 $24,519.00 136% ($15,287.59) FY 2011 8,058,251 $441,713.38 $25,369.38 141% ($29,037.82) * - Gross revenues for color copy operation. ** - Based on revenue and expenditures related to color copies only. Item # 21 Attachment number 3 Page 3 of 5 OPTION 2c: Outsource all services but color copies and 2:raphic desi2:ner Graphic design is important to the city operation, as it establishes consistency and quality in the city's printed and electronic communications. This analysis includes the cost of maintaining graphic design in-house at no cost to client departments (this choice is explained later in the Conclusions). Potential five-year savings: $148,188.17 Total Total Total % Revenue to Net Difference Impressions Expenditures Revenues * Expenditures ** FY 2007 7,444,578 $420,617.58 $22,066.60 33% ($23,430.50) FY 2008 7,593,470 $430,471.96 $22,867.93 33% ($10,890.43) FY 2009 7,745,339 $412,505.06 $23,685.29 33% ($50,042.72) FY 2010 7,900,246 $422,797.15 $24,519.00 33% ($26,392.92) FY 2011 8,058,251 $433,319.60 $25,369.38 33% ($37,431.60) * - Gross revenues for color copy operation. ** - Based on revenue and expenditures related to color copies and graphic designer. OPTION 3a: Outsource press operations only, usin2: three full-time staff A large percentage of the operation's overhead and time is invested in the one- and two-color press operation. This includes the pre-press/platemaking operation as well as the actual press work. Over 60% of the press output in a given year is dedicated to producing the city's utility bill stuffer, Sunshine Lines. Other projects include multi-part forms, brochures, newsletters, business cards and letterhead. It seems that there may be some economy of scale in outsourcing the press operation. If a PTE were be added to the total figure, it would reduce the five-year projected savings by 24%. Potential five-year savings: $363,686.94 Total Total Total % Revenue to Net Difference Impressions Expenditures Revenues * Expenditures ** FY 2007 7,444,578 $374,324.61 $168,722.25 58% ($69,723.4 7) FY 2008 7,593,470 $384,217.49 $172,096.69 58% ($57,144.90) FY 2009 7,745,339 $370,946.83 $175,538.62 62% ($91,312.95) FY 2010 7,900,246 $381,650.10 $179,049.40 61% ($67,539.98) FY 2011 8,058,251 $392,785.56 $182,630.39 61% ($77,965.64) * - Gross revenues for high speed and color copy operation. ** - Based on revenue and expenditures related to graphic design, high speed and color copy operation. OPTION 3b: Outsource press operations only, usin2: two full-time staff and two part-time One issue that has arisen in the operation is the flexibility required to cover periods of heavy volume. Another option would be to outsource the press operation and convert to a number of part-time positions to handle quick copy and bindery work. This would allow the supervisor flexibility in hours for both times of heavy volume and those times where demand is lighter. It would also allow some measure of flexibility for courier coverage as needed, a responsibility currently covered by a full- time Graphics Tech when the courier is out. Even if a third PTE was required, the savings would still be significant as compared to current figures. Potential five-year savings: $427,310.35 Total Total Total % Revenue to Net Difference Impressions Expenditures Revenues * Expenditures ** FY 2007 7,444,578 $362,816.61 $141,783.40 61% ($81,231.47) FY 2008 7,593,470 $372,157.11 $144,619.07 60% ($69,205.28) FY 2009 7,745,339 $358,307.55 $147,511.45 65% ($104,240.23 ) FY 2010 7,900,246 $368,404.13 $150,461.68 61% ($80,785.95) FY 2011 8,058,251 $378,903.78 $153,470.91 61% ($91,847.42) * - Gross revenues for high speed and color copy operation. ** - Based on revenue and expenditures related to graphic design, high speed and color copy operation. Item # 21 Attachment number 3 Page 4 of 5 CONCLUSIONS There is no projected financial model that will fully align graphics revenues with expenditures and continue to provide cost and efficiency savings for the city. While completely outsourcing intuitively seems like a preferable option, the analysis shows that outsourcing would actually result in a net increase in costs to the city. In addition, it would result in an unnecessary degradation of service levels. The most important services to the city, from a day-to-day business perspective, are the high-speed copying operations. These operations support production of the business forms, letters, flyers, manuals and other basic communication materials necessary to do city business. If the efficiencies exist, these are the services that should be retained. Press operations, however, do not provide the same critical function to the operation. They are also more expensive and time-consuming to maintain and operate. It is the recommendation of the Public Communications Director that Clearwater divest itself of all press equipment and one FTE Graphic Technician and outsource all print jobs requiring color press work. Clearwater simply does not have the efficiencies of scale to make a press operation run profitably, and these jobs are currently consuming much of the available work schedule. Currently, Sunshine Lines accounts for over 60% of the annual production off of the color presses, and the savings to the organization are marginal if any. A quick call to a local printer yielded a per-piece cost for the stuffer at $.05 per piece. Currently, the job is costing customer service $.0513 per piece using internal resources at a discounted rate. It's important to note that this analysis does not contemplate any charges for graphic design work. It is the opinion of the Public Communications Director that such charges serve as a disincentive for use, resulting in many poorly designed pieces and inefficient use of staff time, as unqualified staff are using work hours to design items themselves in order to avoid any potential charges associated with professional design. The city could consider passing the cost of design through as an internal service charge, which would further boost the expenditure to revenue ratio by roughly 10%. Outsourced bindery work runs 50-100% higher with an outsourced vendor than current -in -house charges. This is another area of high ROI for the division, and should be retained as part of the recommended solution. Bindery revenue currently yields about $25,000 annually in contrast to about $2,500 in overhead (excluding staff time). Public Communications would prefer retaining one Graphics Technician in order to maintain stability in the operation, replacing the second Technician with a full-time Graphic Designer (CW A). This would be a reclassification of the currently vacant Public Communications Coordinator (SAMP3) that will be transferred to the department from Parks and Recreation in FY 2008. I would also recommend reducing Courier operations to once-daily deliveries in order to free 15-20 hours per week to provide bindery assistance, which can be very time-consuming. The elimination of the press operation reduces the KSA requirement for Technicians, eliminating the need for three qualified press operators in the division. Finally, the budgeted difference for Public Communications would be greater than the projected savings listed in this analysis, as it reflects the direct cost to departments for outsourced press work. The average annual savings in the Graphics budget would be 30-40% or $130-180,000. This translates to a departmental budget reduction of 8-11 % if implemented for the FY2008 budget and an estimated five-year savings of over $650,000 in the overall Public Communications budget. Item # 21 ASSUMPTIONS Following are the overarching assumptions this analysis was based on: Outsourced costs: COST Press impressions High-speed impressions Color copies Utility bills Graphic Design Bindery Operating costs: COST Internal service charges Utility charges General operating Paper stock Staff Lease Annual operating increase Utility bill stock ASSUMPTION .02 per impression .04 per impression .39 per copy .08 per piece 20 hours/week @ $65/hr 19% added to gross expenditures ASSUMPTION 60% of current budgeted expenditures 60% of current budgeted expenditures 60% of current budgeted expenditures .0075 per impression (current purchase price is .005 per sheet) Based on FY2008 projected salary + benefits $18,000/year Color Copier $45,000/year High-speed Copier 4.8% of previous FY expenditures $7,440 annual savings if outsourced Non-recurring costs/savings: COST ASSUMPTION RYOBI 2-color press $23,560 annually, ending in FY2009 Retirement: Pelote $12,000 salary reduction in FY20l0 New high-speed lease $24,000 reduction, beginning in FY2008 Revenues: REVENUE CS Billing Color copies Press impressions High-speed impressions Annual volume adjustment Bindery Services Graphic Design ASSUMPTION .05 per bill @ 57,000/month, increasing at 2% annually .35 per copy NA .04 per impression 2% annually 19% added to gross revenues NA Attachment number 3 Page 5 of 5 Item # 21 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Work Order Amendment 3 in the amount of $84,902.97 to Wade-Trim, Inc., an Engineer of Record, for engineering design and construction administration services for the Druid Trial and Beach Connector Trail (Project number 04-0021-PR) and authorize the appropriate officials to execute same. (consent) SUMMARY: The Druid Trail and Beach Connector Trail project is needed to provide a critical non-motorized alternative to users traveling east-west within the City of Clearwater. In addition, the trails provide an important trail connection within the Pinellas County existing trail network as the only mid-county east-west link between the popular Pinellas Trail and the planned Progress Energy Trail. By connecting these two important north-south trails, the Druid Trail will substantially increase their usefulness. In addition, the Druid Trail will connect with the planned Beach Connector Trail, which will connect the Pinellas Trail with Clearwater Beach thereby providing mid-county residents with trail access to Clearwater Beach. Specifically, the Beach Connector Trail forms trail connections between the Pinellas Trail and the east end of the new Memorial Bridge, and along the Memorial Causeway between the west end of the Memorial Bridge and the east end of the West Spur Connector pedestrian bridge over Mandalay Channel (now under construction). The West Spur Connector pedestrian bridge was funded by a CMAQ grant. Design of the Druid Trail and Beach Connector Trail project is partially funded by $500,000.00 which was part of a $3,980,000.00 CMAQ grant for design and construction. However, the remainder of the grant was withdrawn and the City has funded continuation of the design effort. The CMAQ grant was withdrawn because the Pinellas airshed attained Environmental Protection Agency "compliance" status. The City has applied for an Enhancement grant for funding to construct the Beach Connector Trail. This grant application was ranked highly by the Pinellas Metropolitan Planning Organization (MPO) advisory committees and approved by the MPO Board. The Florida Department of Transportation (FDOT) has determined the project is eligible and feasible to receive the grant and is expected to place the project in it's work program shortly. Because the Druid Trail and Beach Connector Trail project will not be funded to be constructed as a single project, it is necessary to break the project into four smaller pieces, or phases, to fit with the Enhancement grant and future funding opportunities. These four phases are as follows: Phase I: From the West Spur pedestrian bridge east to the Memorial Bridge Phase II: From the Memorial Bridge east to the Pinellas Trail Phase III: From the Pinellas Trail to Glen Oaks Park Phase IV: From Glen Oaks Park to the Progress Energy Trail Most of the work included in this Work Order Amendment 3 is necessary in order to divide the project into four phases and produce four sets of construction documents. The remaining work is needed to alter the trail alignment on the Memorial Causeway and perform some other miscellaneous necessary work. The City of Clearwater is LAP certified, which means the FDOT has determined City staff is qualified to design and administer construction of FDOT funded projects. This project has been designed as a LAP project. Cover Memo Work on this Work Order Amendment 3 will commence upon award and execution of the work order; the design work will be completed in 220 days and the construction services administration work will be completed at the end of const~r#IQ2 approximately 10 months. Maintenance statement: This design work order has no maintenance component. When constructed, the Beach Connector Trail will be maintained by Parks & Recreation Department forces as part of the Clearwater Trail System. A third quarter amendment will transfer $55,858.42 of Sales Tax Infrastructure (381626) revenue from Capital Improvement Program (CIP) project 0315-92146, Druid Road Improvements, to CIP 0315-92342, Beach Connector Trail and sufficient budget and revenue are available in CIP 0315-92146, Druid Road Improvements in the amount of $29,044.55 to fund this supplemental work order. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: Yes Budget Adjustment Comments: See funding statement Current Year Cost: Not to Exceed: For Fiscal Year: $84,902.97 Annual Operating Cost: Total Cost: $84,902.97 to Appropriation Code 0315-92146-561200-541-000- 0000 0315-92342-561200-541-000- 0000 Amount $29,044.55 Appropriation Comment $55,858.42 Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 9 CITY OF CLEARWATER WADE TRIM WORK ORDER AMENDMENT NO.3 INITIATION FORM Date: August 20, 2007 Project Number: CLW2036.04M City Project Number: 04-0021-PR 1. PROJECT TITLE Druid Trail and Beach Connector Trail Design and Construction Administration Services - Amendment NO.3. 2. SCOPE OF WORK Please refer to Attachment "A" Scope of Work. 3. PROJECT GOALS The Druid Trail and Beach Connector Trail project is designed to provide a critical non- motorized alternative to users traveling east west within the City of Clearwater. In addition, the trails provide an important trail connection within the Pinellas County existing trail network as the only mid-county east-west link between the popular Pinellas Trail and the planned Progress Energy Trail by connecting these two most important north-south trails, the Druid Trail will substantially increase their usefulness. In addition, the Druid Trail will connect with the planned Beach Connector Trail, thereby providing residents on the west side of mid-county with trail access to Clearwater Beach. The additional services required include project phasing breakout into four phases with associated bidding and permitting services, 90% trail alignment revisions along the Memorial Causeway, additional topographical survey and preparing two (2) sidewalk easement descriptions. 4. BUDGET Method B - A lump sum basis fee of $84,902.97 for the preparation of construction plans, permits, and construction administration services for the additional services. 5. SCHEDULE Please refer to Attachment "B", Schedule. 6. WADE TRIM STAFF ASSIGNMENTS Lee Grant, Senior Vice President, Principal-in-Charge Gregory S. Trim, PE, Project Manager 1 Item # 22 Attachment number 1 Page 2 of 9 7. CORRESPONDENCE/REPORTING PROCEDURES Correspondence, phased plan submittals, progress reports and invoices shall be submitted to Mr. Ken Sides, PE, PTOE, Public Works Department, with copies to Mr. Michael D. Quillen, PE, City Engineer of the Engineering Department. Invoices shall be submitted to Ms. Marty Pages. 8. INVOICING/FUNDING PROCEDURES Invoicing Method B, Lump Sum shall be used. Invoices will be transmitted to City of Clearwater, Attn: Marty Pages, Administrative Analyst, PO Box 4748, Clearwater, FL, 33758-4748. City Invoicing Code: 315-92146-561200-541-000 315-92342-561200-541-000 ENGINEERING CERTIFICATION $29,044.55 $55,858.42 Wade Trim hereby certifies as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. Wade Trim understands that it is our responsibility as the project's Professional Engineer to perform quality assurance review and these submitted plans are to the best of our knowledge free from errors and/or omissions. Further, we accept that the City's Final Inspection for a Certificate of Occupancy does not relieve us of our own quality assurance review. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. PREPARED BY: CITY: Michael D. Quillen, PE City Engineer Date ENGIN ---- g~ z.j 07 ate 2 Item # 22 Attachment number 1 Page 3 of 9 A TT A CHMENT "A" SCOPE OF WORK DRUID TRAIL & BEACH CONNECTOR TRAIL DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES - AMENDMENT NO.3 Prepared for: City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756 Prepared by: Wade Trim, Inc. 8745 Henderson Road Suite 220 Tampa, FL 33634 August 20, 2007 3 Item # 22 Attachment number 1 Page 4 of 9 Scope of Work 1.0 Additional Services Proiect Description 1.1 Proiect Phasina Breakout A. As part of the original scope under project assumptions, the Druid Trail and Beach Connector Trail was to be bid and permitted as one complete package. Now due to project funding source changes the City is requesting a four phase project breakout that will consist of: I. Beach Connector Trail Phase 1 - Mandalay Channel to the west end of the Memorial Causeway Bridge. JI. Beach Connector Trail Phase 2 - Bay Avenue North at Pierce Boulevard to the Pinellas County trail. III. Druid Trail Phase 3 - Pinellas County Trail to Glen Oaks Park. IV. Druid Trail Phase 4 - Glen Oaks Park to Progress Energy Trail. It is our understanding that phases 1 & 2 will be bid and constructed as one complete package and phase 3 & 4 will be bid and constructed as separate packages at a later time. B. The additional construction plan set sheets generated due to project phasing will be prepared at a scale of 1" = 20' and will include the following construction plan sheets: Beach Connector Trail Phases 1 & 2 1. Cover Sheet 2. Index of Sheets 3. General Notes 4. Legend Sheet Druid Trail Phase 3 No additional construction plan sheets anticipated from the original design scope of services contract. Druid Trail Phase 4 1. Cover Sheet 2. Index of Sheets 3. General Notes 4. Legend Sheet 41tem # 22 Attachment number 1 Page 5 of 9 C. The additional design services associated with the project phasing breakout include the following tasks: Beach Connector Trail Phases 1 & 2 1. Restructuring plans sheets from original 60% complete package. 2. Restructuring cost estimate and bid form. 3. Pinellas County easement acquisition. 4. FOOT Utility and Special Use Permits 5. SWFWMD permit inquire check list. Druid Trail Phase 3 1. Restructuring plans sheets from original 60% complete package. 2. Restructuring cost estimate and bid form Druid Trail Phase 4 1. Restructuring plans sheets from original 60% complete package. 2. Restructuring cost estimate and bid form. 3. Project Specifications 1.2 90% Trail Alirmment Revisions (Beach Connector Phase 1) At the re-quest of the City Parks and Recreation Department, major trail realignment revisions along the Memorial Causeway have been suggested that will accommodate existing and future landscape plantings in this trail segment. The following design and plan revision tasks associated with this request are: 1. Update Construction Plans and Quantities 2. Incorporate existing and future landscape plantings into the plans. 3. Update Geometric and Grading Plans 4. Update Typical Sections 5. Update Project Amenity Details 6. Utility Coordination 7. Update Construction Cost Estimate 2.0 Design Survey (Beach Connector Trail Phase 2 and Druid Trail Phase 4) Two (2) sidewalk/trail easements descriptions will be prepared and additional topographical survey will be performed by Foresight Surveyors Inc., a Pinellas County based Surveying Company, which will continue to serve as a subconsultant to Wade Trim on this assignment. The survey scope of work includes the following: 5 Item # 22 ,~,_._~.w~____~._.._.._.__~_~~~. Attachment number 1 Page 6 of 9 Property parcels at #201 Rogers Street and #200 Turner Street will require sidewalk easement descriptions. Additional topographical survey areas include Pinellas County property along bay Avenue and Pierce Boulevard; residential parcel at the southeast corner of Belcher and Druid Road; and the Progress Energy Utility Corridor. 3.0 Geotechnicallnvestigations No additional geotechnical investigation is anticipated for amendment no. 3 services. 4.0 Agencv Permits (Beach Connector Trail Phase 1) Need to obtain FOOT Utility and Special Use Permits to construct the Beach Connector along the Memorial Causeway (SR 60) and to install water service under SR 60 that will feed the proposed water fountain trail amenity. 5.0 Specifications and Contract Documents (Bid Package) One additional specification and contract document package will need to be prepared for separate phases as outlined above in Subsection 1.1 - Project Phasing Breakout. 6.0 Biddina Services and Construction Administration (Limited Services) Additional construction and bidding services required as part of the project phasing breakout include the following tasks: Beach Connector Trail Phases 1 & 2 1. Pre-bid meeting attendance. 2. Prepare addendums 3. Review bid tabulations 4. Pre-Construction meeting Druid Trail Phase 3 No additional construction services anticipated from the original scope of services contract. 6 Item # 22 Attachment number 1 Page 7 of 9 Druid Trail Phase 4 1. Pre-bid meeting attendance. 2. Prepare addendums 3. Review bid tabulations 4. Pre-Construction meeting Shop drawing review and response to Contractor RFl's are already included in the original scope of services for the entire length of the 6 mile project. 7.0 Local Agency Program (LA~ Assistance (Druid Trail East Section) No additional Local Agency Program assistance is anticipated that is associated with these additional services. 8.0 City of Clearwater Responsibilities A. The City of Clearwater shall be responsible for the following materials and services in support of this Work Order: 1. Permit fees. 2. Obtaining proposed easements from property owners. 9.0 Meetings As previously outline above, the Consultant anticipates four (4) additional project meetings consisting of the following: Beach Connector Trail Phases 1 & 2 1. Project phase breakout meeting 2. FOOT Special Use Permit meeting 3. Project site meeting to review realignment options 4. Pre-Bid meeting 5. Pre-Construction meeting Druid Trail Phase 3 No additional meetings anticipated from the original scope of services contract. Druid Trail Phase 4 1. Pre-Bid meeting 2. Pre-Construction meeting 7 Item # 22 . ----------_._--_.._..~.,-~.~_.~~._-~..~...._------- Attachment number 1 Page 8 of 9 10.0 Options (Beach Connector Trail Phase 1) Subsurface utility engineering investigation is required in order to obtain FOOT Utility Permit necessary to install a water service under SR 60 - Memorial Causeway 11.0 Proiect Deliverables Wade Trim will include all plan sheets, Auto Cad files, technical specification sections and horizontal & vertical control required for construction stakeout as originally required in the contract scope of services. (See attachment A for specific deliverables TLM) 12.0 Proiect Assumptions (Druid Trail East Section) The following items are assumptions made while preparing this work order amendment. Should these items listed below change significantly, additional compensation will need to be negotiated on a time and material basis. 1. SWFWMD permit exemption request package will include both Druid Trail phases 3 & 4. This effort is all ready included in the original scope of services. If separate submittals for phases 3 & 4 are necessary, additional compensation may be required and will be negotiated at that time. 13.0 Breakdown of Proiect Costs See attached design fee proposal spreadsheet for breakdown costs. 14.0 Proiect Phasina Schedule See attached "B" project phasing schedule. END OF SCOPE OF WORK I I I I I I~..m.__m.._~__.__~._ 81tem # 22 Attachment number 1 Page 9 of 9 Attachment U A" CITY DELlVERABLES FORMAT The design plans shall be compiled utilizing City of Clearwater CAD standards. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELlVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTS file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, fine types or other attributes contained in the standard AutoDeskl Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tom. mahonv@clearwater-fl.com >- All' electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. 9 Item # 22 \..~---_..._~-_._...~_.~....~~..,._._-_._...~-_.._-~~~~.._._-_._-_....__.__.._..._.__._-_._-_...__.~.._.._..- Attachment number 2 Page 1 of 3 Map depicting the alignment of the Clearwater Beach Connector Trail (blue line) Item # 22 Attachment number 2 Page 2 of 3 Map depicting the alignment of the Clearwater Druid Trail Ph. III (red line) Druid Trail (Ph. III) Glen Oaks Park Item # 22 Attachment number 2 Page 3 of 3 Map depicting the alignment of the Clearwater Druid Trail Ph. IV (red line) Progress Energy Trail Glen Oaks Park Item # 22 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award contract to TLC Diversified, Inc. of Palmetto, FL, in the amount of $2,025,994.50 for Pump Station 16 Relocation (02- 0002-UT), which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: . As part of the Beach Pump Station Improvements Project, several alternatives for pumping the flow from the beaches to the Marshall Street Wastewater Treatment Plant (WWTP) were analyzed. The selected scenario was to manifold together the force mains from pump stations 11 (530 Mandalay Ave.), 14 (501 Parkway Dr.), 20 (16 Island Way), and 45 (1371 Gulf Blvd.), with the combined flow bypassing pump station 16 and being pumped directly to the Marshall Street WWTP. . Lift Station 16 is located just northwest of City Hall at 250 Pierce Street. . The fourth and final phase of the Beach Pump Station Improvements Project will significantly downsize Pump Station 16 since it is no longer a master pump station re-pumping the flows from the beaches. This construction includes the replacement of Pump Station 16 and the installation of approximately 1,500 feet of new 12 inch force main and approximately 150 feet of new 12 inch gravity sewer. . Pump Station 16 is an aging wet pit/dry pit master pump station. The proposed improvements at Pump Station 16 provides for the construction of a new submersible pump station on the southeast comer of Pierce Street and the Memorial Causeway Bridge (251 Pierce St.), the installation of a new force main from the new station to Coachman Park, and a new gravity sewer main crossing under Pierce St. to the new station. . The demolition of the existing Pump Station is being bid as an additive alternate bid item, which will give the City the option to have the low bid contractor demolish the station or bid the demo work separately. The demo work consists of removal of all the piping and equipment and then the structure will be cut down to a depth of 3 feet below existing grade filled with clean fill and abandoned in place. . Work will commence upon award and execution of the contract and will be completed within 270 days (with the alternate bid) or 210 days (without the alternate bid). . The Public Utilities Department will be responsible for the operation and maintenance of Pump Station 16. . Resolution 06-53 was passed on October 15, 2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. . Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued is available in project 0376-96686, Pump Station Replacement in the amount of $1,386,857.60 and budget and revenue are available in project 0315-96686, Pump Station Replacement for the balance of $639,136.90 to fund this contract for a total of $2,025,994.50. . A copy of the contract documents is available in the Official Records and Legislative Services office for review. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Cover Memo Item # 23 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes 02- 0002- UT Bid Number: Bid Exceptions: None Cover Memo Item # 23 Attachment number 1 Page 1 of 1 SP07{-IS D ~ "~A so ~ QQ D~QD D D I II! I D ~~D D D D ~:o D D~I 119~CVE I w w ~ HENDRICKS D I I '0 '~~D i" 'I D [5A D~I so I ~D~D I I D~u ~ ~ z PARK ~ ~ ST ~D~I I D20~ o (') PIERCE ST D" LNKu\1 D Q~ ~ COURT ST [] I ~I D D8 (') 0~ D D SR,60 COURT a. <S' ~ ~~~ "Erl I 0 D"~ w ROG'Rr~D 0 DiD iRo::::7T sol D 0 cJ D 1101 1 iki. I~II i!~ii iUi PINE ST -~ D I I ODD JASMINE WAY ODD DR OD~D J-. (fJ s w cr a CLEVELAND PROJECT SITE WAY {\ Crescent tD I W I I I I TURNER JASMINE PINE wD~ ~ DRUID RD II I ~I I I I I PINE DRUID RD i:=!i:l"! '1 .1 .I;-:::..-:::.:q:.:. .1 i' l; ~~ MAGNOLIA LOTUS PATH Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MClearwater.com PUMP STATION 16 N w-<r' RELOCATION Drawn By: HH Reviewed By: KO Date: 8/29/2007 s Grid # 86B S-T-R 16-29s-15e Scalft' ~T#S23 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a work order to McKim and Creed, P.A., in the amount of $893,925 for professional engineering services related to the Water Treatment Plants 1 and 3 Well field Expansion Project - Phase 2 - (07-0037-UT), and that the appropriate officials be authorized to execute same. (consent) SUMMARY: In October of 2004, the City of Clearwater completed a Water Supply System Master Plan that included as recommendations the development of expanded local water production. The City intends to construct five new wells in the Water Treatment Plant (WTP) 3 area, and five new wells in the WTP 1 area. Each well is targeted to produce approximately 0.25 million gallons per day (mgd). The City has four (4) existing permitted wells that are inactive and will be relocated as part of this project along with rehabilitation of three (3) wells that are inoperable or operating at a reduced capacity. Phase 1 of the Wellfield Expansion project was approved by Council on October 9 th, 2005 and included the initial efforts associated with the Water Use Permit data collection, ground water modeling, permit application and response to requests for SWFWMD for additional information. The Work Order also included the design efforts related to the development of nine new wells, construction monitoring, testing and analysis of well construction. Phase 2 work includes addition of a tenth well, the 4 relocation wells and three rehabilitations. Design of the 17 well pumps, all related mechanical, electrical, communications controls and the expanded raw water piping to interconnect the new wells to the respective Water Treatment Plants. Both phases will add production capabilities to the City of Clearwater and thus will require the modification of the City's existing Water Use Permit (WUP) issued by the Southwest Florida Water Management District (SWFWMD). The goal is to responsibly utilize our groundwater supply maximizing our production at a more cost-effective rate than direct purchase from Pinellas County simultaneously reducing the City's dependence upon other regional water suppliers. The City of Clearwaters Public Utilities Department will own and operate the wells, pumping facilities and associates pipeleines having responsibility for routine maintenance. McKim and Creed is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. Resolution 06-53 was passed on October 5,2006, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2008 revenue bonds as a funding source were included in the project list associated with Resolution 06-53. Sufficient budget for interim financing or funding with 2008 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96764, Reverse Osmosis Plant Expansion-Reservoir 1, in the amount of $100,790.00 and 0376-96763 Well Field Expansion, in the amount of $157,878.00. Additionally, sufficient budget and revenue are available in the 2006 Water and Sewer Bond Construction projects 0378-96764, Reverse Osmosis Plant Expansion-Reservoir 1, in the amount of $37,515.45 and 0378- 96763, Well Field Expansion, in the amount of $158,083.00, As well sufficient budget and revenue are available in the Capital Improvement Program project 0315-96764, Reverse Osmosis Plant Expansion-Reservoir 1, in the amount of $439,658.55 to fund this contract for a total of $893,925.00. Type: Current Year Budget?: Capital expenditure Yes Item # 24 Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $893,925.00 Annual Operating Cost: Not to Exceed: Total Cost: $893,925.00 For Fiscal Year: to Appropriation Code Amount Appropriation Comment 0378-96764- 561300- 533-000- $37,515.45 see summary section 0000 0376-96764- 561300- 533-000- $100,790.00 see summary section 0000 0315-96764-561300-533-000- $439,658.55 see summary section 0000 0378-96763-561300-533-000- $158,083.00 see summary section 0000 0376-96763- 561300- 533-000- $157,878.00 see summary section 0000 Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 p . ~MCKIl\1&CREED CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED, P.A. WORK INITIATION FORM DATE: July 20, 2007 City Project No: 1. PROTECT TITLE: Water Treabnent Plants 1 and 3 Wellfield Expansion - Phase II 2. SCOPE OF WORK: Based on the City of Clearwater's (City) Water System Master Plan the City intends to construct four (4) new wells in the Water Treatment Plant (WTP) No.3 service area, and five (5) new wells in the WTP No.1 service area. Each well is targeted to produce approximately 0.25 million gallons per day (mgd) for a total additional capacity of 2.25 mgd. The new well design, testing and data analysis for these wells is being completed under Phase I of this project. During the course of this work, it was determined that three (3) new sites needed to be reselected and one (1) additional well could be added for WTP No.3. It was also determined the City has four (4) permitted wells that were either never constructed (Wells 79 & 80) or were abandoned and never replaced (Wells 51 & 52). In addition, three (3) more of the existing wells are inoperable (Wells 23 & 68) or are operating at reduced capacity (Well 69) and need to be refurbished. Phase II of the WTP No.1 and 3 Wellfield Expansion project will include the work associated with; the site reselection for the three (3) wells; design, construction, testing and analysis of the additional new well for WTP No.3; development of standardized well construction documents for the installation of all new wells; relocation of the four (4) unused permitted wells (Wells 51R, 52R, 79 & 80); and refurbishment of the existing three (3) wells (Wells 23, 68 & 69). In addition, Phase II will include the additional Water Use Permitting, data collection, ground water modeling, permit application and response to requests from the Southwest Florida Water Management District (SWFWMD) for additional information for the new wells. Lastly, Phase II will include the design, bidding and construction phase services for the additional raw water piping to interconnect the new wells to the respective Water Treatment Plants. All these services will be incorporated into an overall project schedule and CIP. The project tasks are summarized below: Phase II Task 1.0: Well Coordination Meetings Task 2.0: Program Schedule and CIP Task 3.0: Standardized Well Documents Task 4.0: Well Refurbishment (Wells 23, 68 & 69) Task 5.0: Additional Well Siting (Wells 51R, 52R, 79,80 & 3-5) Task 6.0: Additional Water Use Permitting Task 7.0: Raw Water Line Design & Modeling Task 8.0: Well and Raw Water Line Bidding Services Task 9.0: Limited Construction Services Item # 24 Attachment number 1 Page 2 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 2 The scope of McKim & Creed's work for Phase II is outlined in more detail as follows: PHASE II - SCOPE OF WORK TASK 1.0 WELL COORDINATION MEETINGS 1.1 McKim & Creed and LBG will attend monthly coordination meetings with the City regarding the status of the Well Expansion Program. This task is anticipated to last the duration of Phase II work estimated at 24 months. TASK 2.0 PROGRAM SCHEDULE AND CIP 2.1 McKim & Creed will develop an overall master schedule of the WTP No's 1 & 3 Wellfield Expansion Program in Microsoft Project. The schedule will include the well development, testing, analysis, design, permitting, bidding and construction tasks for the wellfield expansion, well relocation, well refurbishment, raw water line and WTP No.1 expansion projects. 2.2 In addition to the project schedule, McKim & Creed will compile preliminary estimates for all the projects and develop a master cost spreadsheet that can be used to plan the work in accordance with the City's CIP. Upon completion of the preliminary schedule and master cost spreadsheet, an electronic copy of the preliminary schedule and master cost spreadsheet will be submitted to the City for review and comment. 2.3 McKim & Creed will meet with the City to discuss their review comments. After the meeting a letter response to the comments will be provided to the City. 2.4 At the outset of the meeting, McKim & Creed will incorporate the City's comments and adjust the schedule and master cost sheet accordingly. The final schedule and master cost spreadsheet will be transmitted to the City in electronic format. In addition, five (5) 24"x36" color copies of the master schedule will be provided to the City. TASK 3.0 ST ANDARDIZED WELL DOCUMENTS 3.1 McKim & Creed will develop standard construction documents that the City can use for the installation of all new wells. The contract documents will include plans (AutoCADD) and specifications (Word) for the well construction, testing and analysis of the new well, and installation of the mechanical equipment. The design will based on a submersible pump installation with variable frequency drives for flow control. Plans will include civil site, structural, mechanical, electrical and instrumentation work relative to installing the new well pump and piping. McKim & Creed will submit five (5) copies of the 100 percent standard construction documents to the City for review and comment. Item # 24 Attachment number 1 Page 3 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 3 3.2 Perform topographic site survey (100' x 100') of the proposed 10 Well sites for the purposes of setting the well equipment pad elevation and to establish preconstruction conditions for restoration and as-built requirements. From these Surveys, develop a general site plan for each site to be included in the bid package. 3.3 McKim & Creed will meet with the City to discuss their review comments. After the meeting a letter response to the comments will be provided to the City. 3.4 At the outset of the meeting, McKim & Creed will incorporate the City's comments and revise the construction documents accordingly. Twenty-Five (25) hard copies of the final plans (24"x36") and specs for bidding and one (1) CD will be submitted to the City for their use and records. TASK 4.0 WELL REFURBISHMENT (WELLS 23, 68 & 69) 4.1 Perform topographic site survey (100' x 100') of the three (3) well sites for the purposes of locating all the existing well equipment, pad elevation and to establish preconstruction conditions for restoration and as-built requirements. From these surveys, develop a general site plan for each site to be included in the bid package. 4.2 Prepare site specific plans and specifications for replacement of the pumps in Wells 23, 68 & 69. Construction documents will provide for replacement with a 316 SS submersible pump and certa-Iok column pipe in accordance with the City's current standard. Stations will not be upgraded to provide for variable frequency drive flow control, but will be converted to 460V power supply were applicable. The design will also include civil site, structural, mechanical, electrical and instrumentation work relative to installing the new well pumps. Specification shall include requirements to clean and chemically treat Wells 68 & 69 with sulfamic acid. In addition, the specifications will include requirements to perform suite of geophysical logs, including; long-short normal resistivity, static and pumping fluid resistivity, and static and pumping flow. Lastly, specifications will include requirement for downhole water samples to be collected using a downhole sampler. The downhole samples will be analyzed for chloride, sulfate, Total Dissolved Solids (TDS), iron, and corrosivity (Langlier Index). Requirements will include three downhole samples and one pumping composite sample to be collected and analyzed. Spent acid will be neutralized with soda ash and discharged to the municipal sewer system. The hydrogeologist will observe the sampling and geophysical logging procedures and the video survey to evaluate the condition of the casing and the borehole wall. The hydrologist will also analyze the borehole geophysical logs to delineate the depths of the producing zones in the well and the relative contribution of each zone to the total flow from the well. The water quality data will be reviewed to assess the water quality profile. McKim & Creed will submit five (5) copies of the 100 percent construction documents to the City for review and comment. Item # 24 Attachment number 1 Page 4 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 4 4.3 McKim & Creed will meet with the City to discuss their review comments. After the meeting a letter response to the comments will be provided to the City. 4.4 At the outset of the meeting, McKim & Creed will incorporate the City's comments and revise the construction documents accordingly. Twenty-Five (25) hard copies of the final plans (24"x36") and specifications will be submitted for bidding and one (1) CD will be submitted to the City for their use and records. 4.5 McKim & Creed to prepare and submit DEP jPCDOH construction permit and 4.6 Upon completion of the cleaning and testing, McKim & Creed will prepare and furnish a letter report describing the results of the well investigation to the City. TASK 5.0 ADDITIONAL WELL SITING (WELLS 1-2, 1-3, 1-4, & 3-5) Meet with the City to identify three (3) potential new well sites for proposed Wells 1-2, 1-3 & 1-4 and new Well 3-5 to replace sites identified in the City's Water Master Plan that are not feasible. Conduct a site visit of each location to verify the validity of the sites. Observe on-site utilities and review existing City utility atlas's, flood maps and ownership information to assure sites meet permit requirements. Incorporate new well sites into testing program, test well construction technical specifications, and contract documents by updating quantities and maps. TASK 6.0 ADDITIONAL WATER USE PERMITTING 6.1 This task includes the Work effort for incorporating Wells 51R, 52R, 79,80 & 3-5 into the Groundwater Monitoring Program, Groundwater Impact Assessment, Environmental Monitoring Plan, Wellfield Management Program and WUP Application and associated RAIs, Draft Permit Review and Progress Updates. TASK 7.0 RAW WATER LINE DESIGN AND MODELING 7.1 Based on the proposed raw water line routes and final well sites, update the City's raw water model to confirm pipe sizes and well pump requirements. 7.2 Perform topographic surveying (lIz right-of-way) for pipeline routes generally described as follows: Well 23 - Highland Ave and Palmetto Street (2,750 If); 51R & 52R - use survey from reclaimed water transmission main project along Sharkey Road and Marilyn, no additional survey required; Well 79, adjacent to existing raw water main, no additional survey required; Well 80 - Stag Run Blvd, Wetherington Road, and Logan Street (5290 If); Well 1-1, Heaven Sent Lane, Kings Hwy and Palmetto Street (7230 If); Well 1-2, Clearwater GoIf & Country Club, adjacent to existing raw water main, no additional survey required; Well 1-3, Turner Street and HillCrest Ave (7,200ItQ~~4- Attachment number 1 Page 5 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 5 4, Lake Drive and Laura Street (3120 If); Well 1-5, Keene Avenue (1,600 If); Well 3-1, Springs Circle, Countryside and SR 580 (2,850 If); Well 3-2, Eastland Blvd, Landmark Drive and Enterprise Blvd (1,200 If); Well 3-3, Landmark Drive to Lake Chautaugua Park easement (5,840 If); Well 3-4, on WTP No.3 site, no additional survey required; Well 3-5, Countryside Community Park (1,425 If). Surveys will include tree drip lines to assist with the project's tree root pruning requirements and will be supplemented by the latest City aerials. 7.3 Conduct a subsurface investigation of the conditions along the routes of the proposed raw water lines. The investigation will include approximately (20) Standard Penetration Tests (SPT) borings to a depth of 20-ft every 1,500 along the pipeline alignment, and (20) Standard Penetration Tests (SPT) borings to a depth of 30-ft at the location of major roadway crossing (Highland & Palmetto; Drew & Hillcrest; Cleveland & Hillcrest; GuIf- to-Bay and Hillcrest; Court & Hillcrest; Cleveland & Lake; Belcher & Logan (use geotechnical report from reclaimed water transmission main project along Sharkey Road and Marilyn for SPT's at intersection of Belcher & Sharkey and NE Coachman & Marilyn, no additional geotechnical required) where deeper horizontal direction drilling or jack-n-bore technologies may be utilized. A final geotechnical report will be provided to the City and included as an appendix in the Contract Documents. 7.4 Coordinate with utility companies and Clearwater Gas to identify existing utilities along the project route. 7.5 Conduct subsurface utility engineering (SUE) at potential utility conflict areas. A total of 60-test holes have been budgeted for this project. Location of the test holes will be shown on the construction plans with a corresponding table showing the results of the test holes including test hole number, utility type, depth to top of pipe, pipe diameter and pipe material. 7.6 Prepare plan and profile drawings of the proposed raw water pipelines including details and requirements. Develop geometric requirements for the directional drill pipe installations or bore-n-jack installations. 7.7 Develop maintenance of traffic (MOT) plans for the Contractor's activities ill road rights-of-way. 7.8 Develop technical specifications for the equipment, materials, and installation of the pipeline. Coordinate the specifications and other contract requirements with the City's Standard Contract Documents and form of construction contract. 7.9 Prepare and submit plans and technical specifications at the 30%, 60%, 90% and 100% complete stages of the design. The alignment will be agreed upon by City Departments at the 30% submittal prior to developing the profiles. Item # 24 Attachment number 1 Page 6 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 6 7.10 Conduct review meetings with the City at milestone stages of the project to maintain communications between the project team. 7.11 Respond to milestone review comments by the City and incorporate appropriate revisions into the project. 7.12 Prepare and update the estimate of probable construction costs for the project at each submittal stage to keep the City informed of the anticipated costs for the project. 7.13 Prepare separate contract documents using City standard contract forms. Prepare Supplemental Conditions, Bid Form and Measurement and Payment sections. It is anticipated that the raw water pipelines will be bid separately from the well work. 7.14 Twenty-Five (25) hard copies of the final plans (24"x36") and specifications will be submitted for bidding and one (1) CD will be submitted to the City for their use and records. 7.15 Pipeline Permitting A. Conduct pre-application meeting with FDOT to discuss requirements of the proposed pipeline construction within their Right-of-Way's (SR 60 - Gulf-to- Bay Blvd, SR 580, SR 590 - Drew Street, SR 651 - Court Street). Prepare Right- of-Way utilization permits for work proposed within FDOT Right-of-Ways. No fees are anticipated for these right-of-way permits. Address, as needed, requests for additional information (RAI). B. Conduct pre-application meeting with Pinellas County Public Works to discuss requirements of the proposed pipeline construction within their Right-of-Ways (CR 1 - Keene Road, CR 365 - Kings Hwy, CR 501 - Belcher Road, CR 548 - Palmetto Street). Prepare Right-of-Way utilization permits for work proposed within Pinellas County Right-of-Ways. No fees are anticipated for these right- of-way permits. Address, as needed, requests for additional information (RAI). C. Conduct pre-application meeting with CSX Railroad to discuss requirements of the proposed pipeline construction within their Right-of-Way (Palmetto Street near Highlands Avenue). Prepare Railroad Right-of-Way Utilization Permit for work proposed within right-of-way. No fees are anticipated for these right-of- way permits. Address, as needed, requests for additional information (RAI). D. Incorporate raw water line along Marilyn Street for Wells 51R & 52R into the Environmental Resource Permits (ERP) being completed for the Sky crest reclaimed water system project. ERP is only anticipated for the wetland area on Marilyn Street. Therefore, no additional ERP permit is included in this scope of services. However, if questions arise regarding the raw water line Item # 24 Attachment number 1 Page 7 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 7 alignment as part of the SWFWMD Marilyn Street ERP requests for additional information (RAI), then they will be addressed, as needed. TASK 8.0 WELL AND RAW WATER LINE BIDDING SERVICES 8.1 Prepare bid documents for the well and raw water line improvements and provide 25 copies of each project to the City for their use in bidding. 8.2 Attend two (2) Pre-Bid Conferences to review each project's requirements with prospective Contractors. 8.3 Respond to questions concerning the projects and prepare addenda as necessary. 8.4 Issue clarifications to the contract documents and issue addenda as required. 8.5 Review bids received and make a recommendation for award of the contracts. TASK 9.0 LIMITED CONSTRUCTION SERVICES 9.1 During the drilling and testing of Wells 51R, 52R, 79, 80 and 3-5 McKim & Creed will provide on-site construction services and observation similar to that included in Phase I of the contract (City PN: 04-0049-UT). Well construction is anticipated to consist of the mud rotary and reverse air drilling methods. The initial borehole will be drilled using mud rotary drilling until the top of limestone is encountered and circulation is lost. These services include collecting lighologic samples at 5-foot intervals from land surface to the upper-most competent limestone unit, collection of water samples at approximately 20-foot intervals and analyzed in the field for chloride concentrations and conductivity, determination of relative productivity at the depth where each water sample is collected, review of water-quality data, flow data, video observations and geophysical logs to determine the final well construction, specific capacity testing, water quality review. Incorporate results of all construction, testing and data analysis into report to be submitted to the City for their use. 9.2 During the installation of the well equipment for all the proposed wells (10), all the relocated wells (4) and all the well refurbishments (3), McKim & Creed will provide engineering assistance, site visits and certification services. These services will include attendance at the pre-construction meeting with the Contractor and City staff, review shop drawings (up to 12), periodic engineering site visits, (an average of 2 hrs per week per well or 136 hours), respond to Contractor's questions during construction, perform final walk-thru, prepare/submit Certifications of Completion to FDEP, provide start-up assistance (4 hrs per well or 68 hrs), prepare one (1) operation and maintenance notebook containing all wells and prepare record drawings and submit five (5) copies to the City. It is understood that the City will provide full construction management and observation for the duration of the well installation, including; construction Item # 24 Attachment number 1 Page 8 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 8 coordination, progress meetings, schedule, progress payments, requests for information, change orders, disputes, and project close-out. 9.3 During the installation of the raw water lines for all the proposed wells (10) and relocated wells (4), McKim & Creed will provide engineering assistance, site visits and certification services. These services will include attendance at the pre-construction meeting with the Contractor and City staff, review shop drawings (up to 12), periodic engineering site visits, (an average of 8 hrs per week for the construction duration, estimated at 26 weeks), respond to Contractor's questions during construction, perform final walk-thru, prepare/submit Certifications of Completion to FDEP, and prepare record drawings. It is understood that the City will provide full construction management and observation for the duration of the well installation, including; construction coordination, progress meetings, schedule, progress payments, requests for information, change orders, disputes, and project close-out. 3. PROTECT GOALS - WORK PRODUCTS: . Microsoft Project Program Schedule & Master Cost Spreadsheet (5 copies & CD) . Standard Well Contract Documents (25 copies & CD) . Well Refurbishments Contract Documents (25 Copies & CD) . Water Use Permit Application and supporting documentation . Revised Well Testing Program . Revised Test Well Construction Documents (25 Copies) . Raw Water Line Contract Documents (25 Copies & CD) . Raw Water Line Cost Estimate . Update Raw Water Model . Bid Recommendations . Shop Drawings . Well Construction Completion Certifications . Raw Water Pipeline Construction Completion Certifications . Final Punch List . Well Operation & Maintenance Manual . Well Records Drawings (5 copies & CD) . Raw Water Line Records Drawings (5 copies & CD) 4. BUDGET The services outlined herein will be performed on a Lump Sum basis in accordance with the Engineer of Record Contract. The fees for the various tasks are outlined below and include costs for hydrogeologic services, surveying, and subsurface utility investigation services. Item # 24 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 9 PHASE II Services Task 1.0 - Well Coordination Meetings Task 2.0 - Program Schedule and CIP Task 3.0 - Standardized Well Documents Task 4.0 - Well Refurbishment (Wells 23, 68 & 69) Task 5.0 - Additional Well Siting (Wells 51, 52, 79,80 & 3-5) Task 6.0 - Additional Water Use Permitting Task 7.0 - Raw Water Line Design & Modeling Task 8.0 - Well and Raw Water Line Bidding Services Task 9.0 -Limited Construction Services Phase II Service Totals WTPNo.1 $ 10,015 $ 6,930 $ 34,514 $ 16,645 $ 6,975 $ 10,776 $313,926 $ 13,970 $164,213 $577,964 Total Phase II Services 5. SCHEDULE The design tasks will be completed as outlined in the schedule below: Task Description Task 1.0 - Well Coordination Meetings Task 2.0 - Program Schedule and CIP Task 3.0 - Standardized Well Documents Task 4.0 - Well Refurbishment (Wells 23, 68 & 69) Task 5.0 - Additional Well Siting (Wells 51, 52, 79,80 & 3-5) Task 6.0 - Additional Water Use Permitting Task 7.0 - Raw Water Line Design & Modeling Task 8.0 - Well and Raw Water Line Bidding Services Task 9.0 - Additional Limited Construction Services Attachment number 1 Page 9 of 12 WTP No.3 $ 10,015 $ 6,930 $ 25,886 $ 33,290 $ 2,325 $ 7,184 $114,794 $ 8,200 $107,337 $315,961 $893,925 Completion From NTP 24 Months 2 Months 3 Months 3 Months 1 Month 6 Months 9 Months 12 Months 24 Months A more detailed project schedule will be provided to the City within two weeks of receiving the Notice to Proceed. 6. ST AFF ASSIGNMENTS: City: McKim & Creed: Subcontracts: Rob Fahey, Lan-Anh Nguyen, Glenn Daniels Jeff Lowe, Norm Scally, Gene Robinson, Steve Schrock Leggette, Brashears & Graham, Nodarse & Associates Item # 24 Attachment number 1 Page 10 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 10 7. CORRESPONDENCEIREPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to Jeff Lowe, PE. All City correspondence shall be directed to Robert Fahey, PE. 8. INVOICINGIFUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Continuing Contract. Invoices will be transmitted to the City of Clearwater, Attn: Marty Pages, Administrative Analyst, Engineering, P.O. Box 4748, Clearwater, FL, 33758-4748. Charge this work to City Code No: 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. Further, I accept that the City's Final Inspection for a Certificate of Occupancy does not relieve me of my own quality assurance review. I hereby certify that all facilities have been built substantially in accordance with the approved permit design plans and that any substantial deviations (described in attachment) will not prevent the system from functioning in compliance with the requirements of applicable regulatory authority. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which I may subsequently tender. 10. SPECIAL CONSIDERATIONS: None PREPARED BY: McKim & Creed: A. Street Lee, P.E. Vice President Date: ACCEPTED BY: CITY: Date: Item # 24 Attachment number 1 Page 11 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 11 Michael D. Quillen, P.E. City Engineer Item # 24 Attachment number 1 Page 12 of 12 CITY OF CLEARWATER - WTP Nos. 1 and 3 Wellfield Expansion Phase II July 20, 2007 Page 12 Attachment" A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address >- All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Cleanvater. Item # 24 Attachment number 2 Page 1 of 2 McKim & Creed WTP Nos. 1 & 3 Wellfield Expansion Phase II Totals $ 893,925 $ 523,900 $ 370,025 4,683 $ 111.8 Start Finish Total Total Total Total Labor AVE Task Manage Date Date Cost Labor Cost ODC Hours Hourly Rat Cost Code Task Description ~-lVlay-u ( .-I;jH\lOV-tJ~. $ $ $ $ Task 1 Well Coordination Meetings JSL 9.May.07 13.Nov-09 Attend Monthly Well Coordination Meetin9s $ 20,030.00 $ 9,480.00 $ 10,550.00 68 $ 139.4 Task 2 Program Schedule and CIP JSL 9-May-07 8-Jul-07 Develop Overall Master Schedule $ 4,340.00 $ 4,340.00 38 $ 114.2 Compile Preliminary Estimates $ 2,925.00 $ 2,900.00 $ 25.00 22 $ 131.8: OAiOC $ 2,260.00 $ 2,260.00 18 $ 125.51 Submit Draft to City $ 260.00 $ 210.00 $ 50.00 2 $ 105.01 Review Meeting w/City $ 1,490.00 $ 1,440.00 $ 50.00 10 $ 144.01 Respond to City Comments $ 2,025.00 $ 2,000.00 $ 25.00 15 $ 133.3: Final Submittal to City $ 560.00 $ 510.00 $ 50.00 5 $ 102.01 Task 3 Standardized Well Documents JSL 9-May-07 7.Aug-07 Topographic Surveys $ 10,800.00 $ 300.00 $ 10,500.00 2 $ 150.01 Conceptual Site Plans $ 3,840.00 $ 3,840.00 40 $ 96.01 Develop Standard Mechanical Drawings $ 7,600.00 $ 7,600.00 68 $ 111.71 Develop Standard Electrical Drawings $ 9,140.00 $ 9,140.00 80 $ 114.2! Develop Standard Instrumentation Drawings $ 6,140.00 $ 6,140.00 56 $ 109.6, Develop Standard Contract Specifications $ 1,500.00 $ 1,500.00 14 $ 107.1, Develop Standard Mechanical Tech Specifications $ 3,620.00 $ 3,620.00 30 $ 120.6" Develop Standard Electrical Tech Specifications $ 2,960.00 $ 2,960.00 24 $ 123.3: Develop Standard Instrumentation Specifications $ 2,660.00 $ 2,660.00 22 $ 120.9 OAiOC $ 4,250.00 $ 4,200.00 $ 50.00 34 $ 123.5: Submit 100% Documents to the City (5 Sets) $ 945.00 $ 420.00 $ 525.00 5 $ 84.01 Review Meeting w/City $ 1,280.00 $ 1,230.00 $ 50.00 8 $ 153.7! Respond to City Comments $ 3,605.00 $ 3,580.00 $ 25.00 34 $ 105.2! Final Submittal to City (25 Sets) $ 2,060.00 $ 710.00 $ 1,350.00 7 $ 101.4: Task 4 Well Refurbishment (Wells 23, 68 & 69) JSL 9.May.07 7 -Aug.07 Topographic Surveys $ 4,360.00 $ 760.00 $ 3,600.00 7 $ 108S Prepare Site Plans $ 2,460.00 $ 2,460.00 22 $ 111.8: Mechanical Design $ 7,820.00 $ 6,320.00 $ 1,500.00 56 $ 112.81 Electrical Design $ 7,960.00 $ 7,960.00 68 $ 117.01 Instrumentation Design $ 5,540.00 $ 5,540.00 50 $ 110.81 Technical Specifications $ 3,420.00 $ 3,420.00 30 $ 114.01 FDEP & Bldg Dept Permit $ 4,365.00 $ 4,290.00 $ 75.00 40 $ 107.2! OAiOC $ 4,570.00 $ 4,520.00 $ 50.00 35 $ 129.1, Submit 100% Documents to the City (5 Sets) $ 695.00 $ 420.00 $ 275.00 5 $ 84.01 Review Meeting wlClty $ 1,280.00 $ 1,230.00 $ 50.00 8 $ 153.7! Respond to City's Comments $ 2,245.00 $ 2,220.00 $ 25.00 19 $ 116.8, Final Submittal to City (25 Sets) $ 2,310.00 $ 710.00 $ 1,600.00 7 $ 101.4: Well Investigation Report to City (Wells 68 & 69) $ 2,910.00 $ 2,760.00 $ 150.00 24 $ 115.01 Task 5 Additional Well Siting (Wells 1-2, 1-3, 1-4 & 3-5) JSL 9-May-07 8-Jun-07 Locate and Evaluate Three (3) New Well Sites & Well 3-5 $ 3,585.00 $ 3,510.00 $ 75.00 30 $ 117.01 Update Contract Documents and Testing Program $ 5,715.00 $ 2,740.00 $ 2,975.00 24 $ 114.1" Task 6 Additional Water Use Permitting (Wells 51 R, 52R, 79, 80 & 3-5) JSL 9-May-07 5-Nov-07 Groundwater Monitoring Program Mods $ 8,750.00 $ 150.00 $ 8,600.00 1 $ 150.01 Groundwater Impact Assessment $ 250.00 $ 150.00 $ 100.00 1 $ 150.01 EMP Modifications $ 6,000.00 $ 300.00 $ 5,700.00 3 $ 100.01 Prepare Wellfleld Management Plan $ 260.00 $ 210.00 $ 50.00 2 $ 105.01 WUP Application $ 840.00 $ 790.00 $ 50.00 7 $ 112.81 RAI Responses $ 1,050.00 $ 1,000.00 $ 50.00 9 $ 111.1 Draft Permit Review and Response $ 200.00 $ 150.00 $ 50.00 1 $ 150.01 Progress Updates $ 610.00 $ 610.00 5 $ 122.01 Task 7 Raw Water Line Design and Modeling JSL 9-May-07 3-Feb-08 Update City's Raw Water Model $ 2,280.00 $ 2,230.00 $ 50.00 17 $ 131.1: Topographic Survey $ 121,540.00 $ 2,440.00 $119,100.00 24 $ 101.6" Geotechnical $ 37,540.00 $ 2,040.00 $ 35,500.00 18 $ 113.3: Subsurface Utility Engineering $ 22,920.00 $ 1,620.00 $ 21,300.00 14 $ 115.7 Utility Coordination $ 6,220.00 $ 5,520.00 $ 700.00 60 $ 92.01 Develp General Sheets $ 2,200.00 $ 2,200.00 20 $ 110.01 Route Assessment $ 3,000.00 $ 3,000.00 28 $ 107.1, Cut Plan and Profile Drawings $ 3,300.00 $ 3,300.00 40 $ 82.51 30% Design $ 36,880.00 $ 35,880.00 $ 1,000.00 326 $ 110.01 60% Design $ 36,880.00 $ 35,880.00 $ 1,000.00 326 $ 110.01 90% Design $ 36,880.00 $ 35,880.00 $ 1,000.00 326 $ 110.01 100% Design $ 14,720.00 $ 13,720.00 $ 1,000.00 122 $ 112.41 Traffic Control Plans $ 16,620.00 $ 16,620.00 164 $ 101.3, Detail Sheets $ 8,040.00 $ 8,040.00 80 $ 100.51 Contract Documents $ 3,780.00 $ 3,780.00 30 $ 126.01 Technical Specifications $ 11,400.00 $ 11,400.00 104 $ 109.6: Construction Costs $ 6,860.00 $ 6,860.00 58 $ 118.2: OAiQC $ 10,100.00 $ 10,000.00 $ 100.00 64 $ 156.2! Submittals $ 6,380.00 $ 4,780.00 $ 1,600.00 58 $ 82.4 Review Meetings wlCity $ 4,250.00 $ 4,200.00 $ 50.00 36 $ 116.6" Respond to City's Comments $ 3,765.00 $ 3,740.00 $ 25.00 30 $ 124.6" Final Submittal $ 6,660.00 $ 1,560.00 $ 5,100.00 18 $ 86.6" Pipeline Permitting Pre-Application Meeting w/FDOT $ 1,285.00 $ 1,260.00 $ 25.00 10 $ 126.01 Prepare/Submit Applications (4) $ 3,560.00 $ 3,360.00 $ 200.00 32 $ 105.01 RAls $ 1,925.00 $ 1,800.00 $ 125.00 18 $ 100.01 Item # 24 WcllficldLxpPh2Planl'raxJinaLxlsS/29/2007 McKim & Creed WTP Nos. 1 & 3 Wellfield Expansion Phase II Totals Attachment number 2 Page 2 of 2 $ 893,925 $ 523,900 $ 370,025 4,683 $ 111.8 Start Finish Total Total Total Total Labor AVE Task Manage Date Date Cost Labor Cost ODC Hours Hourly Ral Cost Code Task Description ~-lVlay-u ( .-I;jH\lOV-tJ~. $ $ $ $ Pre-Application Meeting wlPinellas County Public Works $ 1,285.00 $ 1,260.00 $ 25.00 10 $ 126.01 Prepare/Submit Applications (5) $ 6,305.00 $ 6,105.00 $ 200.00 59 $ 103.4" RAls $ 3,005.00 $ 2,880.00 $ 125.00 26 $ 11O.T Pre-Application Meeting w/CSX Railroad $ 1,285.00 $ 1,260.00 $ 25.00 10 $ 126.01 Topographic/ROW Survey for CSX Permit $ 3,150.00 $ 450.00 $ 2,700.00 4 $ 112.51 Prepare/Submit Application $ 2,380.00 $ 2,280.00 $ 100.00 22 $ 103.6, RAls $ 1,125.00 $ 1,050.00 $ 75.00 10 $ 105.01 Incorporate Raw Water Line in Skycrest ERP $ 600.00 $ 600.00 6 $ 100.01 Respond to RAI's on Raw Water Line $ 600.00 $ 600.00 6 $ 100.01 Task S Well and Raw Water Line Bidding Services JSL 9-May-07 S-May-oS Well Bidding Services Prepare Bid Documents $ 2,430.00 $ 930.00 $ 1,500.00 11 $ 84B Pre-Bid Conference $ 745.00 $ 720.00 $ 25.00 6 $ 120.01 Respond to Questions $ 2,405.00 $ 2,280.00 $ 125.00 20 $ 114.01 Issue Addenda if Required $ 3,450.00 $ 3,000.00 $ 450.00 32 $ 93.7! Review Bids/Recommendation $ 1,405.00 $ 1,380.00 $ 25.00 12 $ 115.01 Raw Water Line Bidding Services Prepare Bid Documents $ 3,430.00 $ 930.00 $ 2,500.00 11 $ 84B Pre-Bid Conference $ 745.00 $ 720.00 $ 25.00 6 $ 120.01 Respond to Questions $ 2,405.00 $ 2,280.00 $ 125.00 20 $ 114.01 Issue Addenda if Required $ 3,750.00 $ 3,000.00 $ 750.00 32 $ 93.7! Review Bids/Recommendation $ 1,405.00 $ 1,380.00 $ 25.00 12 $ 115.01 Task 9 Limited Construction Services JSL 9-May-07 13-Nov-09 Addt Well Construction Services (Wells 51, 52, 79, SO & 3-5) Well Construction Services $ 98,520.00 $ 4,270.00 $ 94,250.00 33 $ 129.3! Field Well Water Quality Review $ 1,850.00 $ 1,750.00 $ 100.00 12 $ 145.8: Logging and Review Data $ 250.00 $ 150.00 $ 100.00 1 $ 150.01 Capacity Testing $ 975.00 $ 875.00 $ 100.00 6 $ 145.8: Monitoring Wells $ 150.00 $ 150.00 1 $ 150.01 Water Quality Review $ 4,740.00 $ 4,640.00 $ 100.00 33 $ 140.6 Construction Report $ 1,275.00 $ 1,000.00 $ 275.00 7 $ 142.81 Well Equipment Construction Services (17 Wells) Pre-Construction Conference $ 685.00 $ 660.00 $ 25.00 6 $ 110.01 Shop Drawings (Up to 12) $ 9,410.00 $ 8,760.00 $ 650.00 76 $ 115.21 Periodic Engineering Site Visits (2 hrs/wklwell) $ 18,720.00 $ 18,720.00 152 $ 123.11 RFl's $ 35,420.00 $ 9,720.00 $ 25,700.00 88 $ 11O.4! Final Walk-thru $ 6,085.00 $ 6,060.00 $ 25.00 58 $ 104.4: FDEP Certification of Completion $ 6,510.00 $ 6,360.00 $ 150.00 60 $ 106.01 Start-up Assistance $ 9,265.00 $ 9,240.00 $ 25.00 80 $ 115.51 Operation and Maintenance Manual (5 Copies) $ 5,445.00 $ 4,920.00 $ 525.00 44 $ 111.8: Record Drawings $ 4,760.00 $ 3,960.00 $ 800.00 42 $ 94.2! Raw Water Pipeline Construction Services Pre.Construction Conference $ 685.00 $ 660.00 $ 25.00 6 $ 110.01 Shop Drawings (Up to 12) $ 8,990.00 $ 8,640.00 $ 350.00 74 $ 116.71 Periodic Engineering Site Visits (8 hrs/wk) $ 29,000.00 $ 28,800.00 $ 200.00 248 $ 116.1: RFl's $ 9,920.00 $ 9,720.00 $ 200.00 88 $ 11O.4! Final Walk-thru $ 4,885.00 $ 4,860.00 $ 25.00 46 $ 105.6! FDEP Certification of Completion $ 4,400.00 $ 4,200.00 $ 200.00 40 $ 105.01 Record Drawings $ 9,610.00 $ 8,310.00 $ 1,300.00 88 $ 94.4: Total $ 893,925.00 $ 523,900.00 $ 370,025.00 4,683 $ 111.8" WcllficldLxpPh2Planl'raxJinaLxlsS/29/2007 Item # 24 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve renewing an Interlocal Agreement for Planning Services with the Pinellas Planning Council from September 30, 2007 to October 1, 2010. (consent) SUMMARY: In March 2005, the City entered into an Interlocal Agreement for Planning Services with the Pinellas Planning Council (PPC) that expires on September 20, 2007. This agreement, which provides for a wide range of planning assistance, can be renewed by mutual consent for a period of three years. During the time the Agreement has been in place the PPC staff has assisted the Planning Department in conducting one special study and in the processing of annexations when there were several staff vacancies. The Department does not anticipate the use of the PPC's services at this time, however, would recommend the agreement be renewed in the event the need for planning services should arise. The current provisions of the Agreement would remain unchanged if the renewal were approved. Ongoing planning services would continue to be billed on a time and material basis and any special planning projects would be in an amount agreed upon in advance with the City and PPC staff. Rates for the PPC staff would not change and are significantly less than that of private consultants. Type: Current Year Budget?: Debt-Lease 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 Cover Memo Item # 25 Attachment number 1 Page 1 of 6 mTERLOCALAGREEMENT FOR PLANNING SERVICES WITH THE CITY OF CLEARW A TER AN AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE SCOPE OF SERVICES AND ACCORDING TO THE PAYMENT AND RATE CHARGE SCHEDULE SET FORTH HEREIN. THIS INTERLOCAL AGREEMENT FOR PLANNING SERVICES, hereinafter referred to as "Agreement," is made and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government". WHEREAS, the Local Government desires to engage the Council to provide staff planning services; and WHEREAS, the Council has the capability to provide professional and technical staff planning services, and the Local Government desires to engage the Council to provide such staff planning services; and WHEREAS, the Council and the Local Government desire to cooperate in this effort to maximize efficiency and minimize costs; NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by this Agreement, the Council and Local Government agree as follows: Section 1. Authoritv. This Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements and the specific authority of Sections 5(3) and 5(6) of Chapter 88- 464, Laws of Florida, as amended. Section 2. Term. The term of this Agreement shall be from March 1,2005, through September 30,2007; which term may be renewed by mutual written agreement, signed by both parties, for one additional three year period through September 30,2010, unless terminated as provided for elsewhere in this Agreement. Item # 25 Attachment number 1 Page 2 of 6 Section 3. Scope of Services. A. The substance of this Agreement is as provided in Exhibit A, Scope of Services, attached hereto and hereby made a part of this Agreement. B. Any assistance provided or project undertaken as provided for in the Scope of Services may, at the discretion of Council staff and the Local Government, be more specifically detailed as to methodology, schedule, work product, and cost in a memorandum of understanding executed consistent with and pursuant to this Agreement. C. Responsibility for the correctness of information provided to the Council for use m rendering planning services under this Agreement lies with the Local Government. Section 4. Chan:!es. A. Payment and charges for services rendered under this Agreement shall be as provided for in Exhibit B, Payment and Rate Charge Schedule, attached hereto and hereby made a part of this Agreement. B. Ongoing planning services or special projects will be charged as a lump sum or on a time and material basis as mutually agreed by the Local Government and Council staff in accordance with the terms of this Agreement. C. The Local government agrees to make payment to the Council for all properly invoiced requisitions as set forth in Exhibit B, within forty-five (45) days of submission. D. The fee schedule may be revised by mutual written consent, signed by both parties, and included as an addendum to this Agreement. Section 5. Use of Product. A. The Local Government shall have the exclusive control of the public distribution of all information produced by the Council prior to its adoption. The Council shall not distribute information prior to its adoption by the Local Government without prior approval. However, nothing contained herein shall prohibit the Council from complying with a valid and properly submitted public records request. B. Once adopted by the Local Government, the Council and the Local Government have the right to distribute information upon request from the public. C. The Council has the right to use any information produced under this Agreement for similar purposes upon removing all reference to the Local Government. Item # 25 Attachment number 1 Page 3 of 6 Section 6. Accountin2 and Records. A. The Council shall establish an accounting process to identify the costs and revenues associated with the Agreement. All accounting documentation shall be available for inspection, upon request, by the Local Government at any time during the period of this Agreement and for a minimum of three (3) years after payment is made. B. All charged costs shall be supported by the properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. Section 7. Notice. A. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand delivered or mailed as follows: Council: Pinellas County Planning Council Attn: David P. Healey, Executive Director 600 Cleveland Street, Suite 850 Clearwater, Florida 33755 Local Government: City of Clearwater Attn: Cynthia E. Goudeau, City Clerk 112 South Osceola Avenue Clearwater, Florida 33758-4748 Section 8. Construction. A. This Agreement shall be construed as an expression of inter-agency cooperation enabling each party to make the most efficient use of its powers in furtherance of the respective and common objectives. However, this Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. Section. 9. Termination. A. This Agreement may be terminated by either party at any time by giving the other party not less than thirty (30) days notice of such termination. In the event this termination provision is exercised by either party, the Local Government shall remain liable to the Council for charges incurred up to such termination. Section 10. Filin2; Effective Date. As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, Florida, after execution by the parties, and shall take effect upon execution of this Agreement. Item # 25 Attachment number 1 Page 4 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective March 1,2005. PINELLAS PLANNING COUNCIL Attest: By: David P. Healey, AICP Executive Director By: Councilmember Bill Foster Chairman Approved as to form: By: Jewel White Cole By: Managing Senior Assistant County Attorney Mayor J eny Beverland Secretary LOCAL GOVERNMENT Attest: By: Cynthia E. Goudeau City Clerk By: Frank Hibbard Mayor Item # 25 Attachment number 1 Page 5 of 6 EXHffiIT A SCOPE OF SERVICES I. Ongoing Planning Assistance A. The Council agrees to consider requests by the City of Clearwater for ongoing planning assistance, and to provide such assistance as Council staff time and schedule permit. B. Ongoing planning assistance may include, but is not limited to, reVIew and interpretation of the comprehensive plan and land development regulations, comprehensive plan and land development regulation amendments, and assistance with applications for development approval, as determined to be consistent with the mission and role of the Council. II. Special Planning Proiects A. The Council agrees to consider requests by the City of Clearwater for assistance with special planning projects, and to provide such assistance as Council staff time and schedule permit. B. Special planning projects may include, but are not limited to, comprehensive plan or land development regulation revisions, neighborhood or special area plans, special planning studies and such other special projects as may be related to or in furtherance of the comprehensive planning process, as determined to be consistent with the mission and role of the Council. Item # 25 Attachment number 1 Page 6 of 6 EXHIBIT B PAYMENT AND RATE CHARGE SCHEDULE I. Ongoing Planning Assistance The Council shall requisition by invoice for ongoing planning assistance on a time and materials basis as follows: A. Materials - at the cost to the Council B. Time - based on the following hourly rates: 1. 2. 3. 4. 5. Planning Administrator Principal Planner Program Planner Planner Office Specialist $72.00/hr $65.00/hr $45.00/hr $35.00/hr $28.00/hr II. Special Planning Proiects The Council shall requisition by invoice for special planning projects in the amount and according to a schedule agreed upon in advance between the City of Clearwater and the Council staff for each such special project. I:\USERS\ WPDOCS\Cities\AGREEMNT\INTERLOC\Clearwater New to 2007.doc Item # 25 Attachment number 2 Page 1 of 2 RENEWAL OF INTERLOCAL AGREEMENT FOR PLANNING SERVICES WITH THE CITY OF CLEARW A TER RENEWAL OF THE AGREEMENT FOR THE PROVISION OF PLANNING SERVICES BY THE PINELLAS PLANNING COUNCIL TO LOCAL GOVERNMENT AS SET FORTH IN THE INTERLOCAL AGREEMENT ENTERED IN MARCH OF 2005. THIS RENEWAL OF THE INTERLOCAL AGREEMENT FOR PLANNING SERVICES, hereinafter referred to as "Agreement," is hereby agreed upon and entered into by and between the PINELLAS COUNTY PLANNING COUNCIL, hereinafter referred to as the "Council" and the CITY OF CLEARWATER, hereinafter referred to as the "Local Government". WHEREAS, an Interlocal Agreement entered into between the Local Government and the Council on March 1, 2005, and recorded in Official Record Book 14185, Pages 1062- 1067 provides for a term through September 30, 2007, after which it may be renewed by mutual agreement of both parties; and WHEREAS, the Council has the capability to provide professional and technical staff planning services, and the Local Government desires to continue to engage the Council to provide such staff planning services; and WHEREAS, the Council and the Local Government desire to cooperate in this effort to maximize efficiency and minimize costs; and WHEREAS, it is the desire and intent of both parties to renew said Interlocal Agreement subject to and based upon the provisions more specifically set forth in said Agreement. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the advantages to be realized by the renewal of said Interlocal Agreement and subject to the same terms and conditions set forth in said Interlocal agreement, the Council and Local Government hereby agree to renew the Agreement for the period October 1,2007, thru September 30,2010. Item # 25 Attachment number 2 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be renewed effective October 1,2007. PINELLAS PLANNING COUNCIL Attest: By: David P. Healey, AICP Executive Director By: Vice Mayor Sandra Bradbmy Chairman Approved as to form: By: Jewel White Cole Managing Assistant County Attorney By: Vice Mayor J eny Knight Secretary LOCAL GOVERNMENT Attest: By: Cynthia E. Goudeau City Clerk By: Frank Hibbard Mayor Item # 25 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Line Corp., to recover $5,861.70 for damage to City property. (consent) SUMMARY: On August 12,2004, Line Corp. was performing work in the vicinity of the east side of U.S. Hwy. 19 between S.R. 590 and Sunset Point Road, in Clearwater, Florida. On that date, employees of Line Corp. cut a City of Clearwater gas line causing a loss to City property in the amount of $4,371.49. On July 8, 2005, Line Corp. was performing work in another location, this time in the vicinity of 24867 U.S. Hwy. 19 in Clearwater, Florida. On that date, employees of Line Corp. cut a City of Clearwater gas line causing loss to City property in the amount of $557.16. On July 26, 2005, Line Corp. was performing work in the vicinity of 24825 U.S. Hwy. 19 North in Clearwater, Florida. On that date, employees of Line Corp. hit a 4" high pressure main line, causing loss to City property in the amount of $933.05. Attempts to collect the amount of damages from Line Corp. have been unsuccessful. The Legal Department requests authority to bring a legal action against Line Corp. to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $275.00 $275.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $275.00 $275.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $275.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 26 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against McGeehan Construction, Inc., to recover $5,102.26 for damage to City property. (consent) SUMMARY: On June 8, 2004, McGeehan Construction, Inc., was performing work in the vicinity of 2718 Gulf Boulevard in Indian Rocks Beach, Florida. On that date, employees of McGeehan Construction, Inc., cut a City of Clearwater gas line causing a loss to City property in the amount of $273.12. McGeehan struck this same gas line previously on June 5, 2004, resulting in damages in the amount of $515.34. On February 8, 2007, McGeehan Construction, Inc., was performing work in another location, this time in the vicinity of 500 Mandalay Avenue in Clearwater, Florida. On that date, employees of McGeehan Construction cut a City of Clearwater gas line causing loss to City property in the amount of $4,313.80. Attempts to collect the amount of damages from McGeehan Construction, Inc. have been unsuccessful. The Legal Department requests authority to bring a legal action against McGeehan Construction, Inc. to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $275.00 $275.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $275.00 $275.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk Amount $275.00 Appropriation Comment No Bid Number: Bid Exceptions: None Cover Memo Item # 27 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Metron Construction Company to recover $406.63 for damage to City property. (consent) SUMMARY: On March 8, 2005, Metron Construction Company was performing work in the vicinity of Main Street and Bayshore Drive, in Safety Harbor, Florida. On that date, employees of Metron Construction Company cut a City of Clearwater gas line causing a loss to City property in the amount of $406.63. Attempts to collect the amount of damages from Metron Construction Company have been unsuccessful. The Legal Department requests authority to bring a legal action against Metron Construction Company to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $100.00 $100.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $100.00 $100.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $100.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 28 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against R. J. Kielty Plumbing, Inc., to recover $210.75 for damage to City property. (consent) SUMMARY: On October 8, 2004, R. J. Kielty Plumbing, Inc., was performing work in the vicinity of 8707 Persea Court in New Port Richey, Florida. On that date, employees of R. J. Kielty Plumbing, Inc., cut a City of Clearwater gas line causing a loss to City property in the amount of $210.75. Attempts to collect the amount of damages from R. J. Kielty Plumbing, Inc., have been unsuccessful. The Legal Department requests authority to bring a legal action against R. J. Kielty Plumbing, Inc., to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $100.00 $100.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $100.00 $100.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $100.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 29 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Steve's Excavating and Paving, Inc., to recover $487.97 for damage to City property. (consent) SUMMARY: On December 11, 2003, Steve's Excavating and Paving, Inc., was performing work in the vicinity of 639 Edgewater Drive in Dunedin, Florida. On that date, employees of Steve's Excavating and Paving, Inc., cut a City of Clearwater gas line causing a loss to City property in the amount of $487.97. Attempts to collect the amount of damages from Steve's Excavating and Paving, Inc., have been unsuccessful. The Legal Department requests authority to bring a legal action against Steve's Excavating and Paving, Inc., to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $100.00 $100.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $100.00 $100.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $100.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 30 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Traffic Control Products of Florida, Inc. to recover $3,483.21 for damage to City property. (consent) SUMMARY: On February 9, 2007, Traffic Control Products of Florida, Inc. was performing work in the vicinity of Seven Springs Boulevard and Copperfield Drive, in New Port Richey, Florida. On that date, employees of Traffic Control Products of Florida, Inc. cut a City of Clearwater gas line causing a loss to City property in the amount of $3,483.21. Attempts to collect the amount of damages from Traffic Control Products of Florida, Inc., have been unsuccessful. The Legal Department requests authority to bring a legal action against Traffic Control Products of Florida, Inc., to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $275.00 $275.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $275.00 $275.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $275.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 31 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Authorize instituting a civil action against Ultra Underground Contractors, Inc., to recover $1,577.74 for damage to City property. (consent) SUMMARY: On February 11,2004, Ultra Underground Contractors, Inc., was performing work in the vicinity of Princess Street and North Fort Harrison Avenue, in Clearwater, Florida. On that date, employees of Ultra Underground Contractors, Inc., cut a City of Clearwater gas line causing a loss to City property in the amount of $298.92. On January 15,2004, Ultra Underground Contractors, Inc., was performing work in another location, this time in the vicinity of Edgewater Drive and Union Street in Clearwater, Florida. On that date, employees of Ultra Underground Contractors, Inc., cut a City of Clearwater gas line causing loss to City property in the amount of $468.11. On or about August 5, 2004, Ultra Underground Contractors, Inc., was performing work in the vicinity of Druid Road and Crest Road in Clearwater, Florida. On that date, employees of Ultra Underground Contractors, Inc., cut a City sewer line causing loss to City property in the amount of $810.71. Attempts to collect the amount of damages from Ultra Underground Contractors, Inc., have been unsuccessful. The Legal Department requests authority to bring a legal action against Ultra Underground Contractors, Inc., to recover the moneys owed to the City for the aforesaid property damage. Type: Current Year Budget?: Budget Adjustment Comments: NIA Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $175.00 $175.00 10/01106 to 09/30107 Annual Operating Cost: Total Cost: $175.00 $175.00 Appropriation Code 0-590-07000-545900-519- 000-0000 Amount $175.00 Appropriation Comment Bid Required?: Other Bid 1 Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: Cover Memo None Item # 32 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the City's fiscal year 2006/07 Operating and Capital Improvement Budgets at third quarter and pass Ordinances 7868-07 and 7869-07 on first reading. SUMMARY: The fiscal year 2006/07 Operating and Capital Improvement Budgets were adopted in September 2006 by Ordinances 7674-06 and 7675-06. 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. Review Approval: 1) Clerk Cover Memo Item # 33 Attachment number 1 Page 1 of 3 Third Quarter Budget Review Fiscal 2006-07 City Manager's Transmittal Memorandum TO: Mayor and City Council FROM: Bill Home, City Manager COPIES: Joe Roseto, Acting Assistant City Manager Rod Irwin, Assistant City Manager Department Directors SUBJECT: Third Quarter Budget Review - Amended City Manager's Annual Budget Report DA TE: September 10, 2007 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, 2006 through June, 2007) 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 $3,674,468. There are several major reasons for the overall increase in General Fund expenditures: 1) the first increase includes a budget of $1,733,250 in Police and Fire for the supplemental plans, which is offset by plan revenue. Historically, these revenues and expenditures have been reflected in a separate fund, but the Government Finance Officer's Association (GFOA) insists that the supplemental plans be reflected in the General Fund. 2) A second amendment recognizes the appropriation of retained earnings to fund the retirement of Fire employees and offset the cost of back pay for the Jones, Murray, and Anderson case totaling $418,400, 3) the Council has previously approved the appropriation of retained earnings in the amount of $418,818 to set aside in a project for Building Code Enforcement in the future; $500,000 to establish a project for the "Backfile Conversion of Records", $150,000 for the demolition of the Joe DiMaggio Sports Complex, and $390,000 to fund the renovations of the Beach Recreation Center in order to house the Beach Library at this site. Anticipated increases in budgeted revenues for property tax receipts, franchise fees, licenses and permit fees, sales and communications tax revenues, and interest income total $2.3 million and offset the increases in budgeted expenditures noted above, as well as providing a net transfer of $384,542 to General Fund reserves at third quarter. 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. Item # 33 Attachment number 1 Page 2 of 3 Third Quarter Budget Review Fiscal 2006-07 City Manager's Transmittal With the closing of the year-end 2006 books, and the allocation of reserves noted above, estimated General Fund reserves at third quarter are approximately $20.3 minion, or 16.6% of the current year's General Fund budget, exceeding our reserve policy by approximately $9.9 minion. Significant amendments to other City Operating Funds are noted follows. Water and Sewer Fund At third quarter, the Water and Sewer Budget reflects an increase of $505,987 of interest earnings on bond construction funds, which is applied to capital projects for Sanitary Collection and Transmission R & R and Reclaimed Water Distribution. Stormwater Fund At third quarter, the Stormwater Budget reflects an increase of $314,499 of interest earnings on bond construction funds, which is applied to capital projects Lake Bellevue Stormwater Improvements and Alligator Creek Implementation. Gas Fund Budget amendments to the Gas Fund reflect the return of funds from the capital improvement fund in the amount of $3.1 million to payoff the 1997B gas bonds. The other significant amendment reflects a budgeted decrease in expenditures of almost $4 million in anticipated fuel purchases and a similar reduction in sales revenues. Solid Waste Fund In the Solid Waste Fund, the most significant budget amendment recognizes the payoff of the loan to the Central Insurance Fund, which was outlined in the recent rate study, and funded by higher than anticipated revenue for the 2006/07 fiscal years. Recvdin2: Fund The primary amendment in the Recycling Fund at third quarter recognizes an increase of $264,500 for an increase in the cost of inventory for resale due to higher market prices. Increased revenues from the sale of recyclables, operating revenues, and interest earnings offset all budgeted increases in expenditures. Marine and Aviation Fund Final amendments for the Marine and Aviation Fund reflect a reduction in fuel sales revenues and related fuel purchases. Amendments reflect the use of fund equity in the amount of $92,480 representing an anticipated cash deficit for the year. Parkin2: Fund Budget amendments in the Parking Fund reflect the increase of $15,500 in revenues and expenditures for the temporary Cotel parking lot. Harborview Fund Third quarter amendments to the Harborview reflect an increase of $12,000 for landscape maintenance and taxes, which will be offset by revenues reimbursed under the management contract. Item # 33 Attachment number 1 Page 3 of 3 Third Quarter Budget Review Fiscal 2006-07 City Manager's Transmittal Gara2e Fund The Garage Fund reflects a budget decrease of $163,730 at third quarter due to savings in fuel and part costs. Central Insurance Fund The Central Insurance Fund reflects the transfer of $50,000 to the Capital Improvement Fund to fund improvements to the FBO building as approved by the City Council, and recognizes the return of $413,184 from capital improvement projects which have been closed, or in which the funds are no longer needed. Capital Improvement Fund Third Quarter amendments to the Capital Improvement Fund reflect a budget increase of $5,086,545. One of the primary reasons for this increase is the allocation of $4,686,000 of Penny for Pinellas funding for traffic calming purposes and $500,000 for the "Backfile Conversion" project. A list of capital improvement project budget increases that have been previously approved by the City Council is included on page 20 of this report. Proj ect budget increases not previously approved by the Council are also summarized on the same page. These amendments include several projects including $75,000 for fire equipment, which is funded from savings within the current General Fund budget; savings in the amount of $63,000 in the Parks and Recreation budget provides additional funds for fencing at the National Guard Armory and Clearwater Beach Pool; interest earnings of $535,475 on bond construction funds is allocated to projects for Lake Bellevue Stormwater Improvements and Sanitary Collection and Transmission; and savings of $14,000 in the Public Communications Budget provides funding to establish a project to renovate existing office space to provide an office for the Public Information Officer. Special Pro2ram Fund The Special Program Fund reflects a net budget increase of $1,738,451 at third quarter. Significant proj ect increases include $700,000 from the U.S. Environmental Protection Agency to provide funds for brownsfield loans, $250,000 from a developer to provide for neighborhood improvements in the area of Gulf-to-Bay and Keene Road, $482,818 from the General Fund to establish the project to account for surplus building code enforcement funds, more than $332,000 from Special Event programs, and $133,070 from police fines and court proceeds to support public safety programs. Item # 33 Attachment number 2 Page 1 of 1 CITY OF CLEARWATER THIRD QUARTER SUMMARY 2006/07 FY 06/07 Amended Third Third Third Adopted Previous Quarter Quarter Quarter Amended Description Budget Quarter Projected Actual Variance % Adjustment Budget General Fund: Revenues 121,902,700 125,318,955 99,883,058 99,036,167 -846,891 -1% 3,674,468 128,993,423 Expenditures 121,902,700 125,318,955 98,915,067 96,446,918 2,468,149 2% 3,674,468 128,993,423 Utilitv Funds: Water & Sewer Fund Revenues 54,340,550 54,340,550 39,459,593 39,055,715 -403,878 -1% 505,987 54,846,537 Expenditures 53,874,170 53,909,170 41,631,798 41,109,227 522,571 1% 505,987 54,415,157 Stormwater Fund Revenues 12,551,970 12,711,540 9,413,982 9,236,641 -177,341 -2% 314,499 13,026,039 Expenditures 12,124,450 12,711,540 10,236,287 9,730,690 505,597 5% 314,499 13,026,039 Gas Fund Revenues 50,206,760 50,295,720 37,689,935 32,759,524 -4,930,411 -13% -978,280 49,317,440 Expenditures 48,613,190 48,648,310 38,161,781 36,081,506 2,080,275 5% -718,360 47,929,950 Solid Waste Fund Revenues 18,475,210 20,956,193 15,369,577 16,139,278 769,701 5% 728,500 21,684,693 Expenditures 18,475,210 18,475,210 14,143,873 13,181,350 962,523 7% 441,020 18,916,230 RecyclinQ Fund Revenues 2,685,700 2,768,971 2,097,543 2,510,455 412,912 20% 421,800 3,190,771 Expenditures 2,677,450 2,677,450 2,057,561 2,191,558 -133,997 -7% 318,620 2,996,070 Enterprise Funds: Marine & Aviation Fund Revenues 3,945,720 5,256,095 3,969,671 3,509,960 -459,711 -12% -487,520 4,768,575 Expenditures 3,708,200 4,908,200 3,752,971 3,468,574 284,397 8% -280,000 4,628,200 ParkinQ Fund 0 Revenues 4,891,660 5,079,460 3,856,539 4,037,245 180,706 5% 15,500 5,094,960 Expenditures 4,113,090 4,238,600 3,425,522 3,231,417 194,105 6% 15,500 4,254,100 Harborview Center Revenues 706,040 706,040 615,093 661,407 46,314 8% 12,000 718,040 Expenditures 706,040 706,040 564,539 647,193 -82,654 -15% 12,000 718,040 Internal Service Funds: General Services Fund Revenues 4,202,510 4,202,510 3,151,890 3,158,991 7,101 0% 0 4,202,510 Expenditures 4,202,510 4,202,510 3,228,126 3,099,786 128,340 4% 0 4,202,510 Administrative Services Revenues 9,703,270 9,703,270 7,052,484 7,070,888 18,404 0% 0 9,703,270 Expenditures 9,703,270 9,703,270 7,624,495 7,219,892 404,603 5% 0 9,703,270 GaraQe Fund Revenues 12,339,640 12,339,640 9,254,739 8,883,465 -371,274 -4% -163,730 12,175,910 Expenditures 12,305,160 12,305,160 9,390,032 8,891,395 498,637 5% -163,730 12,141,430 Central Insurance Fund Revenues 22,388,660 24,824,660 18,373,268 18,313,991 -59,277 0% 413,184 25,237,844 Expenditures 22,388,660 22,388,660 16,812,245 15,981,744 830,501 5% 50,000 22,438,660 Item # 33 Attachment number 3 Page 1 of 2 THIRD QUARTER REVIEW AMENDED CITY MANAGER'S FISCAL YEAR 2006-07 REPORT PAGE # General Fund Operating Budget................................................................................................................... 3 Utility Funds Operating Budget ...................................................................................................................10 Other Enterprise Funds Operating Budgets .............................................................................................. 15 Internal Service Funds Operating Budgets.................................................................................................16 Capital Improvement Program Budget....................................................................................................... 20 Special Program Fund Budget.................................................................................................................... 40 Special Development Funds....................................................................................................................... 50 Administrative Change Orders.................................................................................................................... 53 Ordinances...................................................................................................................... ............................ 55 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 three months, October 1, 2006 through June 30, 2007. The adjustments, however, represent all data available at the time of the report, including action taken by the City Council after June 30, 2007. Definitions associated with the operating funds information is presented as follows: Definitions: Original Budget The budget as adopted by the City Council on September 21 , 2006. 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. Item # 33 Attachment number 3 Page 2 of 2 Capital Improvement Projects The amended 2006/07 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 , 2006, 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 Item # 33 Attachment number 4 Page 1 of 3 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2006/07 Increase/(Decrease) Franchise Fees 147,000 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. Estimated collections for the year are anticipated to be approximately $147,000 higher than currently budgeted. The budget amendment reflects a decrease in anticipated revenues from utility taxes based upon collections for the first ten months of the year. Estimated collections for the year are anticipated to be approximately $178,200 less than currently budgeted. Property Taxes 363,970 Utility Taxes (178,200) Licenses & Permits 653,890 At third quarter, license and permit revenue is increased by $653,890, primarily due to higher than anticipated revenues generated from building permits. These revenues will be analyzed after fiscal year end books are closed to determine if funds need to be set aside in the Special Program project for excess building permit revenue. The budget amendment reflects two amendments: 1) an increase in anticipated revenues from communication services and sales tax based upon collections for the first ten months of the year. Estimated collections for the year are anticipated to be approximately $565,310 higher than currently budgeted, and 2) the recognition of $1 ,733,250 based upon direction of the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, as historically recorded, but instead be recorded as a revenue and as an expenditure for City employer contributions in the General Fund budget. Interqovernmental: Sales Tax/ Communications Svcs Tax/Other 2,298,560 Charqes for Services 28,240 The budget amendment reflects a net budget increase of $28,240, reflecting numerous line item budget amendments in this category. Fines and forfeiture revenue should be approximately as budgeted at year end. No budget Fines & Forfeitures amendments are proposed for the year. 3 Item # 33 Interest Income Miscellaneous Interfund Charqes/Transfers In Use of Retained Earnings Increase/(Decrease) 784,000 (198,450) 160,000 Attachment number 4 Page 2 of 3 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2006/07 Description Interest income reflects an increase of approximately $784,000 at third quarter. Cash pool interest earnings are better than anticipated due to positive economic trends, particularly in the first nine months of the fiscal year. The amendment reflects a decrease of approximately $260,000 in capitalized labor changes to projects offset partially by increases in vending machine commission, worker compensation reimbursements, and other minor miscellaneous revenues, for a net revenue decrease of $198,450 in this category. The budget amendment of $160,000 reflects higher than anticipated receipts for public service material charges. The transfer of $384,542 to General Fund reserves at third quarter is based upon the following amendments: 1) An increase of $173,400 is allocated for retirement payouts for Fire Department employees 173,400 during fiscal year 2006/07 per City Council policy 2) An increase of $245,000 is allocated for the unanticipated payments representing back pay for Jones, Murray, and Anderson based upon final legal 245,000 direction. 3) The allocation of $482,818 is transferred to Special Program project 181-99877, Building Code Enforcement Surplus, to set aside for future years excessive building permitting costs due to the restrictions of Senate Bill 442 and as approved by City 482,818 Council direction on August 2,2007. 4) An allocation of $500,000 is transferred to the Capital Improvement Fund to establish project 315- 94850, Backfile Conversion of Records, as approved 500,000 by the City Council on June 20,2007. 5) An allocation of $150,000 is transferred to the Capital Improvement Fund to establish project 315- 93257, Joe DiMaggio Sports Complex Demolition, as 150,000 approved by the City Council on September 6, 2007. 6) An allocation of $390,000 is transferred to the Capital Improvement Fund to establish project 315- 93265, Beach Library/Recreation Center Renovations, as approved by the City Council on September 6, 390,000 2007. 4 Item # 33 Net Transfer ( to) from Retained Earninqs Net General Fund Revenue Amendment Increase/(Decrease) (384,542) 3,674,468 Attachment number 4 Page 3 of 3 City of Clearwater General Fund Revenues Third Quarter Amendments FY 2006/07 Description 7) The additional revenue recognized at third quarter can be transferred to General Fund retained earnings, offsetting the allocations noted above, and resulting in a net transfer of $384,542 to General Fund retained (2,325,760) earnings. 5 Item # 33 City Audit Attachment number 5 Page 1 of 3 City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2006/07 Increasel (Decrease) Description Savings from the Finance Department budget is transferred to the City Audit office at third quarter to provide funding for the internal transfer of individual FTE positions between these two departments. 2,500 Development Services (52,572) The budget amendment recognizes debt savings in the Development Services Department that is transferred to the Fire Department to provide funding for a capital project for the Fire Department. Finance (2,500) Savings in the Finance Department budget is transferred to the City Audit office at third quarter to provide funding for the internal transfer of individual FTE positions between these two departments. Fire The budget amendment recognizes amendments for several issues: 1) Retirement payouts to employees totaling $173,400 will be appropriated from General Fund retained earnings per City Council policy, 2) the unanticipated payments totaling approximately $245,000 for back pay for Jones, Murray, and Anderson are also funded from General Fund retained earnings, 3) Debt savings transferred from the Development Services Department to provide funding for a capital project for the Fire Deparment as follows: $52,572.33 to 315-91258, Fire Ladder Truck Equipment, 4) The budget amendment reflects an increase of $763,490 for the City's contribution for the Fire supplemental plan based upon guidance from the Government Finance Officer's Assocition (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, as historically recorded, but instead be recorded as a revenue and as an expenditure for City employer contributions in the General Fund budget. This budget expenditure increase is offset by an amendment recognizin 1,234,462 6 Item # 33 Parks & Recreation Attachment number 5 Page 2 of 3 City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2006/07 Increasel (Decrease) Description The budget amendment reflects the transfer of savings within the Parks and Recreation Department to fund the following Capital Improvement projects: 1) $146,000 to 315-93257, Joe DiMaggio Demolition, approved by the City Council on September 6, 2007; 2) $70,000 to 315-93283, Countryside Recreation Center Basketball Court Refurbishment approved by the City Council on September 6, 2007; 3) $82,000 to 315-93264, Enterprise Road Dog Park, approved by the City Council on August 14, 2007; 4) $40,000 to 315-93248, National Guard Armory, to provide fencing around the Armory site; and 5) $23,000 to 315- 93262, Fencing Replacement, to provide fencing around the Clearwater Beach Pool. The net budget amendment to the Parks and Recreation Department is $0. Police 969,760 The budget amendment reflects an increase of $969,760 for the City's contribution for the Police supplemental plan based upon guidance from the Government Finance Officer's Association (GFOA) which believes that our state monies for Police and Fire supplemental plans should not be received by the plans, as historically recorded, but instead be recorded as a revenue and as an expenditure for City employer contributions in the General Fund budget. This budget expenditure increase is offset by a revenue amendment recognizing the supplemental revenue. Public Communications o The budget amendment recognizes the transfer of $14,000 of savings within the Public Communications Department to establish a new capital improvement project, 315-94851, Public Communications Office Renovations, to set aside funding to renovate space to provide an office for the Public Information Officer. The net budget amendment is $0. Non-Departmental The following amendments are proposed to the Non- Departmental program at third quarter. 1) An increase of $482,818 representing the allocation of General Fund retained earnings is transferred to Special Program project 181-99877, Building Code Enforcement Surplus, to set aside for future years excessive building permitting costs due to the restrictions of Senate Bill 442 and as approved by City Council direction on August 2, 482,8182007. 2) An allocation of $500,000 of General Fund retained earnings is transferred to the Capital Improvement Fund to establish project 315-94850, Backfile Conversion of Records, as approved by the City Council on June 20, 500,000 2007. 7 Item # 33 Attachment number 5 Page 3 of 3 City of Clearwater General Fund Expenditures Third Quarter Amendments FY 2006/07 Increase/ (Decrease) Description 3) An allocation of $150,000 of General Fund retained earnings is transferred to the Capital Improvement Fund to establish project 315-93257, Joe DiMaggio Sports Complex Demolition, as approved by the City Council on 150,000 September 6,2007. 4) An allocation of $390,000 of General Fund retained earnings is transferred to the Capital Improvement Fund to establish project 315-93265, Beach Library/Recreation Center Renovations, as approved by the City Council on 390,000 September 6, 2007. 1,522,818 Net General Fund Expenditure Amendment 3,674,468 8 Item # 33 Attachment number 6 Page 1 of 1 GENERAL FUND THIRD QUARTER REVIEW For Nine Month Period of October 1, 2006 - June 30,2007 2006/07 2006/07 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL FUND General Fund Revenues Property Taxes 50,277,930 50,277,930 48,825,836 (1,452,094) -3% 363,970 50,641,900 Franchise Fees 9,050,840 5,430,360 5,789,905 359,545 7% 147,000 9,197,840 Utility Taxes 11,514,320 7,282,496 7,245,607 (36,889) -1% -178,200 11,336,120 Licenses, Permits & Fees 4,156,110 2,390,125 2,904,265 514,140 22% 653,890 4,810,000 Intergovernmental Sales Tax 6,748,430 4,498,952 3,759,606 (739,346) -16% 150,000 6,898,430 Communications Services Tax 6,549,460 3,811,350 4,087,090 275,740 7% 280,000 6,829,460 other Intergovernmental 11,374,130 7,671,949 7,786,246 114,297 1% 1,868,560 13,242,690 Charges for Services 3,891,540 3,034,827 2,797,500 (237,327) -8% 28,240 3,919,780 Fines & Forfeitures 836,000 627,003 605,282 (21,721) -3% 0 836,000 Interest Income 719,000 539,250 1,298,746 759,496 141% 784,000 1,503,000 Miscellaneous Revenues 1,246,230 925,269 702,590 (222,679) -24% -198,450 1,047,780 Interfund Charges 1 Transfers In 17,341,942 13,393,547 13,233,494 (160,053) -1% 160,000 17,501,942 Operating Revenues 123,705,932 99,883,058 99,036,167 (846,891 ) -1% 4,059,010 127,764,942 Transfer (to) from Surplus 1,613,023 0 0 0 nla (384,542) 1,228,481 Total Revenues 125,318,955 99,883,058 99,036,167 (846,891) -1% 3,674,468 128,993,423 General Fund Expenditures City Council 294,810 227,504 218,054 9,450 4% 294,810 City Manager's Office 1,153,950 884,486 837,148 47,338 5% 1,153,950 City Attorney's Office 1,609,080 1,231,432 1,084,030 147,402 12% 1,609,080 City Auditor's Office 155,550 122,049 122,402 (353) 0% 2,500 158,050 Development & Neighborhood Svcs 4,226,740 3,314,712 3,099,641 215,071 6% -52,572 4,174,168 Economic Development & Housing 1 ,454,400 1,115,539 1,037,170 78,369 7% 1 ,454,400 Equity Services 341 ,430 261,287 240,134 21,153 8% 341 ,430 Finance 2,188,480 1,703,734 1,654,547 49,187 3% -2,500 2,185,980 Fire 22,811,330 18,017,119 18,217,742 (200,623) -1% 1,234,462 24,045,792 Human Resources 1,267,990 957,440 883,672 73,768 8% 1,267,990 Library 6,636,810 5,304,234 5,148,084 156,150 3% 6,636,810 Marine & Aviation 1,251,660 987,541 888,330 99,211 10% 1,251,660 Non-Departmental 9,689,585 8,437,416 8,534,748 (97,332) -1% 1,522,818 11,212,403 Office of Management & Budget 316,730 245,709 236,187 9,522 4% 316,730 Official Records & Legislative Svcs 1,354,350 1,042,724 945,551 97,173 9% 1,354,350 Parks & Recreation 22,138,430 17,230,678 16,185,276 1,045,402 6% 22,138,430 Planning 1,437,270 1,116,794 1,051,075 65,719 6% 1,437,270 Police 35,495,720 27,764,085 27,337,304 426,781 2% 969,760 36,465,480 Public Communications 1,120,070 878,088 736,771 141,317 16% 1,120,070 Public Works Administration 10,374,570 8,072,496 7,989,052 83,444 1% 10,374,570 Total Expenditures 125,318,955 98,915,067 96,446,918 2,468,149 2% 3,674,468 128,993,423 9 Item # 33 Water & Sewer Fund Revenues: Expenditures: Increase/ (Decrease) 505,987 505,987 Attachment number 7 Page 1 of 3 City of Clearwater Utility Funds Third Quarter Amendments FY 2006/07 Description At mid year, anticipated revenues of the Water & Sewer Fund exceed anticipated expenditures by $431,380 for FY 2006/07. The budget amendment reflects the appropriation of prior year retained earnings of the Water & Sewer Fund in the amount of $505,987.03 to the Capital Improvement Fund representing interest earnings on bond construction funds in fiscal year 2005/06 & in the current year to fund the projects outlined below. The budget amendment reflects a budget transfer to the Capital Improvement Fund totaling $505,987.03 for two projects: 1) $400,882.30 is transferred to capital project 315-96665, Sanitary Collection & Transmission R & Rand 2) $105,104.73 is transferred to capital project 315-96739, Reclaimed Water Distribution. Both transfers reflect the appropriation of interest earnings on bond construction funds in fiscal 2005/06 and in the current year, which are now being allocated to these two projects. Stormwater Fund Revenues: Expenditures: 314,499 314,499 At mid year, anticipated revenues of the Stormwater Fund equal anticipated expenditures for FY 2006/07. The budget amendment reflects the appropriation of prior year retained earnings of the Stormwater Fund in the amount of $314,498.61 to the Capital Improvement Fund representing interest earnings on bond construction funds in fiscal year 2005/06 and in the current year to fund the projects outlined below. The budget amendment reflects a budget transfer to the Capital Improvement Fund totaling $314,498.61 for two projects: 1) $134,592.61 is transferred to capital project 315-96152, Lake Bellevue Stormwater Improvements and 2) $179,906.00 is transferred to capital project 315-96154, Alligator Creek Implementation Projects. Both transfers reflect the appropriation of interest earnings on bond construction funds in fiscal 2005/06 and in the current year, which are now being allocated to these two projects. 10 Item # 33 Gas Fund Revenues: Expenditures: Attachment number 7 Page 2 of 3 City of Clearwater Utility Funds Third Quarter Amendments FY 2006/07 Increase/ (Decrease) Description At mid year, anticipated revenues of the Gas Fund exceed anticipated expenditures by $1,387,490 for FY 2006/07. Current year revenue amendments reflect a decrease of more than $4,341,000 in gas sales revenues and other line item revenue adjustments reflecting an increase of $262,720, for a net annual decrease of $4,078,280 in annual gas revenues at third quarter. This is offset by the return of $3,100,000 of gas funds from the Capital Improvement Fund in order to call the 1997B bonds and pay them off. The two capital projects from which these funds are returned will not be impacted due to the economic slowdown of the housing construction market. The total amendment to the Gas Fund revenues at third quarter is a (978,280) decrease of $978,280. The budget decrease of $837,550 in the Administration & Supply program primarily reflects a decrease of $3,990,100 in anticipated fuel purchases, which is offset by a $3.1 million increase in debt service to payoff the 1997 B bonded debt. Other amendments in the Sales & Marketing, South Area, and North Area Operations at a net total increase of $119,190 primarily reflect an increase in resale for installation house piping for (718,360) outsourcing. Solid Waste Fund Revenues: Expenditures: At third quarter, anticipated revenues of the Solid Waste Fund exceed anticipated expenditures by $2,768,463 for FY 2006/07. 728,500 The primary reason for the $728,500 net increase in Solid Waste revenues at third quarter is due to an increase of $298,600 as a result of audits of private waste hauler activities, an additional $166,400 in additional revenues from collection, roll-off, and commercial operations, $238,500 due to higher than anticipated interest earnings, and $20,660 on higher than expected rental income on compactors, and $4,340 in several miscellaneous line items. The Solid Waste expenditure budget reflects a net increase of $441,020 at third quarter. The primary amendment reflects the payoff of the Central Insurance loan in the amount of $577,310 as outlined in the recently approved rate study. Savings in other operational line items including operating supplies and garage and vehicle charges offset this increase and result in only the net increase of $441 ,020 in expenditures. 441,020 11 Item # 33 Recvclinq Fund Revenues: Expenditures Increase/ (Decrease) 421 ,800 318,620 Attachment number 7 Page 3 of 3 City of Clearwater Utility Funds Third Quarter Amendments FY 2006/07 Description At third quarter, anticipated revenues of the RecyclinQ Fund exceed anticipated expenditures by $194,701 for FY 2006/07. The primary reason for the $421,800 net increase in Recycling revenues at third quarter is due to an increase of $350,000 for the sale of recyclables due to higher than anticipated market prices for recyclable commodities, an increase of $45,000 in commercial recycling fees, and an increase of $30,000 in interest earnings on Recycling investments. Third quarter budget amendments reflect increases of $264,500 in inventory purchases for resale which is offset by revenues from the sale of recyclables. Other amendments totaling $54,120 primarily reflect increases in garage charges due to increased repair costs. All program increases are offset by additional Recycling Fund revenues. 12 Item # 33 Attachment number 8 Page 1 of 2 UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2006 to June 30, 2007 2006/07 2006/07 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 50,759,310 38,089,013 37,521,389 -567,624 -1% 0 50,759,310 Non-Operating Revenue 3,361,800 1,206,006 1,065,941 -140,065 -12% 0 3,361 ,800 Contributions 219,440 164,574 467,322 302,748 184% 0 219,440 Transfers In 0 1,063 1,063 na 0 0 Use of Fund Equity 0 0 0 na 505,987 505,987 Total Revenues 54,340,550 39,459,593 39,055,715 (403,878) -1% 505,987 54,846,537 Water & Sewer Fund Expenditures Public Utilities Administration 782,000 602,752 536,676 66,076 11% 0 782,000 Wastewater Collection 6,212,900 5,009,474 4,879,303 130,171 3% 400,882 6,613,782 WPC/Plant Operations 12,442,610 9,614,282 9,618,185 -3,903 0% 0 12,442,610 WPC/Laboratory Operations 1 ,275,500 976,248 992,310 -16,062 -2% 0 1 ,275,500 WPCllndustrial Pretreatment 667,720 514,925 435,712 79,213 15% 0 667,720 Water Distribution 8,524,260 6,860,535 6,610,741 249,794 4% 105,105 8,629,365 Water Supply 11 ,393,370 8,567,429 8,856,811 -289,382 -3% 0 11 ,393,370 Reclaimed Water 1,307,500 1,008,675 961,136 47,539 5% 1,307,500 Non-Departmental 11,303,310 8,477,478 8,218,353 259,125 3% 0 11,303,310 Total Expenditures 53,909,170 41,631,798 41,109,227 522,571 1% 505,987 54,415,157 STORMWATER FUND Stormwater Utility Revenues Operating Revenues 11,790,470 8,842,860 8,848,104 5,244 0% 0 11,790,470 Non-Operating Revenues 761,500 571,122 388,537 -182,585 -32% 0 761 ,500 Transfers In 0 0 0 n/a 0 0 Use of Fund Equity 159,570 0 0 0 n/a 314,499 474,069 Total Revenues 12,711,540 9,413,982 9,236,641 -177,341 -2% 314,499 13,026,039 Stormwater Utility Expenditures Stormwater Management 4,480,770 3,359,390 3,153,175 206,215 6% 0 4,480,770 Stormwater Maintenance 8,230,770 6,876,897 6,577,515 299,382 4% 314,499 8,545,269 Total Expenditures 12,711,540 10,236,287 9,730,690 505,597 5% 314,499 13,026,039 Item # 33 13 Attachment number 8 Page 2 of 2 UTILITY FUNDS THIRD QUARTER REVIEW For the Nine Month Period of October 1, 2006 to June 30, 2007 2006/07 2006/07 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GAS FUND Gas Fund Revenue Operating Revenues 46,196,440 36,695,824 31,851,187 -4,844,637 -13% -4,138,280 42,058,160 Non-Operating Revenues 802,650 697,861 638,034 -59,827 -9% 60,000 862,650 Transfers In 0 0 0 na 3,100,000 3,100,000 Capitalized Labor 395,000 296,250 270,303 -25,947 -9% 0 395,000 Use of Fund Equity 2,901,630 0 0 0 na 0 2,901,630 Total Revenues 50,295,720 37,689,935 32,759,524 (4,930,411) -13% -978,280 49,317,440 Gas Fund Expenditures Administration & Supply 33,459,160 25,031,779 23,190,962 1,840,817 7% -837,550 32,621,610 South Area Gas Operations 5,695,820 4,858,574 4,913,464 -54,890 -1% 63,540 5,759,360 North Area Gas Operations 6,498,010 5,910,594 5,805,872 104,722 2% 107,310 6,605,320 Marketing & Sales 2,995,320 2,360,834 2,171 ,208 189,626 8% -51,660 2,943,660 Total Expenditures 48,648,310 38,161,781 36,081,506 2,080,275 5% -718,360 47,929,950 SOLID WASTE FUND Solid Waste Revenues Operating Revenues 16,503,000 12,377,241 12,866,733 489,492 4% 470,000 16,973,000 Non-Operating Revenues 534,800 401,103 681,312 280,209 70% 258,500 793,300 Transfers In 2,627,983 2,591 ,233 2,591 ,233 0 0% 0 2,627,983 Use of Fund Equity 1,290,410 0 0 0 na 0 1,290,410 Total Revenues 20,956,193 15,369,577 16,139,278 769,701 5% 728,500 21,684,693 Solid Waste Expenditures Collection 15,201,730 11,626,409 10,890,327 736,082 6% 174,790 15,376,520 Transfer 1,493,720 1,151,954 1,045,245 106,709 9% -3,810 1,489,910 Container Maintenance 751,000 579,193 524,419 54,774 9% 2,400 753,400 Administration 1,028,760 786,317 721 ,359 64,958 8% 267,640 1,296,400 Total Expenditures 18,475,210 14,143,873 13,181,350 962,523 7% 441,020 18,916,230 RECYCLING FUND Recycling Revenues Operating Revenues 2,559,700 1,919,772 2,329,407 409,635 21% 391,700 2,951,400 Non-Operating Revenues 126,000 177,771 181,048 3,277 2% 30,100 156,100 Transfers In 83,271 83,271 Total Revenues 2,768,971 2,097,543 2,510,455 412,912 20% 421,800 3,190,771 Recycling Expenditures Residential 991,130 764,514 755,955 8,559 1% 29,390 1,020,520 Multi-Family 469,040 360,414 372,345 -11,931 -3% 24,020 493,060 Commercial 1,217,280 932,633 1,063,258 -130,625 -14% 265,210 1 ,482,490 Total Expenditures 2,677,450 2,057,561 2,191,558 -133,997 -7% 318,620 2,996,070 Item # 33 14 Marine & Aviation Fund Revenues: Expenditures: Increase/ (Decrease) -487,520 -280,000 Attachment number 9 Page 1 of 1 City of Clearwater Other Enterprise Funds Third Quarter Amendments FY 2006/07 Description At mid year, budQeted revenues of the Marine & Aviation Fund equal anticipated expenditures, but reflect the use of fund equity of $92,480 representinQ a cash deficit for the operatinQ year. The final analysis of fuel receipts for gas and oil sales indicate that sales will be approximately $2,800,000, which is about 6% more than fiscal 2006, but reflecting a budget decrease in total budgeted revenues of approximately $580,000 net of the use of fund reserves in the amount of $92,480 representing a cash deficit for the operating year, for a net budget decrease of $487,520. Expenditure amendments reflect a budget decrease in fuel purchased for resale at the Marina, to reflect final projections of fuel sales for fiscal year 2006/007. Parkinq Fund Revenues: Expenditures: 15,500 15,500 At third quarter, anticipated revenues of the ParkinQ Fund exceed anticipated expenditures by $840,860. At third quarter, parking revenues reflect an increase of $15,500 for revenues expected from the Cotel parking lot. Expenditure amendments reflect an increase of $15,500 for the costs related to operating and rental costs for the temporary Cotel parking lot which was approved by the City Council on 6/20/07. Harborview Fund Revenues: Expenditures: 12,000 12,000 At third quarter, anticipated revenues of the Harborview Fund equal anticipated expenditures for FY 2006/07. The budget amendment reflects an increase of $12,000 anticipating additional revenue to be reimbursed under the management contract for City expenses. Operating expenditures reflect an increase of approximately $12,000 for landscape maintenance and taxes which will be offset by reimbursement revenues under the management contract. 15 Item # 33 Attachment number 10 Page 1 of 1 ENTERPRISE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1,2006- June 30,2007 2006/07 2006/07 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 4,939,150 3,704,364 3,246,494 (457,870) -12% -580,000 4,359,150 Non-Operating Revenues 176,570 124,932 123,091 (1,841) -1% 0 176,570 Transfers In 140,375 140,375 140,375 na 0 140,375 Use of Fund Equity na 92,480 92,480 Total Revenues 5,256,095 3,969,671 3,509,960 (459,711) -12% -487,520 4,768,575 Marine & Aviation Fund Expenditures Marina Operations 4,712,470 3,601,405 3,332,601 268,804 7% -280,000 4,432,4 70 Airpark 195,730 151,566 135,974 15,592 10% 0 195,730 Total Expenditures 4,908,200 3,752,971 3,468,574 284,397 8% -280,000 4,628,200 PARKING FUND Parking Fund Revenues Operating Revenues 4,627,660 3,493,242 3,417,362 (75,880) -2% 15,500 4,643,160 Non-Operating Revenues 354,000 265,497 522,083 256,586 97% 0 354,000 Transfers In 97,800 97,800 97,800 0% 0 97,800 Total Revenues 5,079,460 3,856,539 4,037,245 180,706 5% 15,500 5,094,960 Parking Fund Expenditures Public Wks/Parking System 3,005,470 2,377,718 2,249,160 128,558 5% 15,500 3,020,970 Public Wks/Parking Enforcement 780,820 595,494 522,422 73,072 12% 0 780,820 Beach Guard Operations 452,310 452,310 459,835 (7,525) -2% 0 452,310 Total Expenditures 4,238,600 3,425,522 3,231,417 194,105 6% 15,500 4,254,100 HARBORVIEW FUND Harborview Center Fund Revenues Operating Revenues 234,800 176,103 157,231 (18,872) -11% 234,800 Non-operating Revenues 129,000 96,750 161 ,936 65,186 67% 12,000 141,000 Transfers In 342,240 342,240 342,240 0% 342,240 Total Revenues 706,040 615,093 661,407 46,314 8% 12,000 718,040 Harborview Center Fund Expenditures Harborview Center Operations 706,040 564,539 647,193 (82,654) -15% 12,000 718,040 Total Expenditures 706,040 564,539 647,193 (82,654) -15% 12,000 718,040 16 Item # 33 General Services Revenues: Expenditures: Increase/ (Decrease) Attachment number 11 Page 1 of 1 City of Clearwater Internal Service Funds Third Quarter Amendments FY 2006/07 Description At third quarter, anticipated revenues of the General Services Fund equal anticipated expenditures for FY 2006/07. No amendments are proposed at third quarter. Budget savings in the Building and Maintenance program offset budget increases of $14,01 0 in the Administration program. The net budget amendment at third quarter for the General Services Fund is $0. Administrative Services Revenues: Expenditures: At third quarter, anticipated revenues of the Administrative Services Fund equal anticipated expenditures for FY 2006/07. No amendments are proposed at third quarter. No amendments are proposed at third quarter. GaraQe Fund Revenues: Expenditures: (163,730) (163,730) At third quarter, anticipated revenues of the GaraQe Fund exceed anticipated expenditures by $34,480 for FY 2006/07. Budgeted revenues reflect a decrease of $163,730 at third quarter due to savings in fuel and part costs which is passed on to the user departments. Budget amendments at third quarter primarily reflect savings in fuel and part costs. These savings are passed on to the user departments resulting in a like decrease in anticipated revenues. Central Insurance Revenues: Expenditures: 413,184 50,000 At third quarter, anticipated revenues of the Central Insurance Fund exceed anticipated expenditures by $2,799,184 for FY 2006/07. Revenue amendments reflect the return of $398,183.51 in Central Insurance Fund revenues from project 315-92269, Downtown Streetscape and $15,000 from project 315- 94526, Risk Management Renovations. Budget amendments to the Central Insurance Fund at third quarter reflect the transfer of $50,000 to project 315-94846, FBO Building Improvements, which was approved by the City Council on July 19, 2007. 17 Item # 33 Attachment number 12 Page 1 of 2 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2006 - June 30, 2007 2006/07 2006/07 MY Amended Third Qtr. Third Qtr. Budget Proposed 3 Qtr Amended Budget Projection Actual Variance % Amendment Budget GENERAL SERVICES FUND General Services Fund Revenues Billings to Departments 4,170,520 3,127,896 3,131,047 3,151 0% 0 4,170,520 Non-Operating Revenue 31,990 23,994 27,944 3,950 16% 0 31,990 Transfers In na 0 Fund Reserves na 0 Total Revenues 4,202,510 3,151,890 3,158,991 7,101 0% 0 4,202,510 General Services Fund Expenditures Administration 508,930 395,062 406,861 (11,799) -3% 14,010 522,940 Building & Maintenance 3,693,580 2,833,064 2,692,925 140,139 5% (14,010) 3,679,570 Total Expenditures 4,202,510 3,228,126 3,099,786 128,340 4% 0 4,202,510 ADMINISTRATIVE SERVICES FUND Administrative Services Revenues Operating Revenue 9,271,270 6,953,481 6,877,366 (76,115) -1% 0 9,271,270 Non-Operating Revenue 132,000 99,003 141,499 42,496 43% 0 132,000 Transfers In 52,023 52,023 n/a 0 Fund Reserves 300,000 n/a 0 300,000 Total Revenues 9,703,270 7,052,484 7,070,888 18,404 0% 0 9,703,270 Administrative Services Expenditures Information Technology/Admin 481,950 372,864 343,950 28,914 8% 481,950 Information Tech/Network Svcs 2,328,350 1,847,111 1,695,045 152,066 8% 2,328,350 Info Tech/Software Applications 1,841,250 1,493,196 1,521,519 (28,323) -2% 1,841,250 Info Tech/Telecommunications 1,141,210 861,842 814,009 47,833 6% 1,141,210 Pub Comm/Courier 175,160 132,368 147,839 (15,471) -12% 175,160 Pub Comm/Graphics 447,630 343,933 326,299 17,634 5% 447,630 Clearwater Customer Service 3,287,720 2,573,181 2,371,230 201,951 8% 3,287,720 Total Expenditures 9,703,270 7,624,495 7,219,892 404,603 5% 0 9,703,270 GARAGE FUND Garage Fund Revenues Billings to Departments 11,815,540 8,861 ,661 8,425,510 (436,151) -5% (300,000) 11,515,540 Non-Operating Revenue 524,100 393,078 457,955 64,877 17% 136,270 660,370 Transfers In n/a 0 0 Fund Reserves n/a 0 Total Revenues 12,339,640 9,254,739 8,883,465 (371,274) 4% (163,730) 12,175,910 Garage Fund Expenditures Fleet Maintenance 11,705,680 8,936,687 8,579,094 357,593 4% (105,170) 11,600,510 Radio Communications 599,480 453,345 312,301 141,044 31% (58,560) 540,920 Total Expenditures 12,305,160 9,390,032 8,891,395 498,637 5% (163,730) 12,141,430 18 Item # 33 Attachment number 12 Page 2 of 2 INTERNAL SERVICE FUNDS THIRD QUARTER REVIEW For The Nine Month Period of October 1, 2006 - June 30, 2007 2006/07 MY Amended Budget Third Qtr. Projection Third Qtr. Actual Budget Variance % Proposed Amendment 2006/07 3 Qtr Amended Budget CENTRAL INSURANCE FUND Central Insurance Fund Revenues Billings to Departments 20,074,330 15,055,758 14,580,111 (475,647) -3% 0 20,074,330 Non-Operating Revenue 965,000 723,750 1,125,121 401,371 55% 0 965,000 Transfers In 2,599,760 2,593,760 2,608,759 14,999 1% 413,184 3,012,944 Other Revenue n/a 0 0 Fund Reserves 1,185,570 n/a 0 1,185,570 Total Revenues 24,824,660 18,373,268 18,313,991 (59,277) 0% 413,184 25,237,844 Central Insurance Fund Expenditures Finance/Risk Management 407,910 319,406 302,453 16,953 5% 407,910 Hum Resources/Employee Benefits 312,840 241,618 184,595 57,023 24% 312,840 Non-Departmental 21,667,910 16,251,221 15,494,697 756,524 5% 50,000 21,717,910 Total Expenditures 22,388,660 16,812,245 15,981,744 830,501 5% 50,000 22,438,660 19 Item # 33 Attachment number 13 Page 1 of 1 Clearwater, Florida CAPITAL IMPROVEMENT FUND Third Quarter Summary FY 2006/07 The amended 2006/07 Capital Improvement Program budget report is submitted for the City Council's third quarter review. The net proposed amendment is a budget increase of $5,086,545. 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: >- Fire Ladder Truck Equipment - To record a budget transfer of $22,427.67 in General Fund revenue from 315- 94836, Document & Agenda Management Replacement. To record a budget increase of $52,572.33 in General Fund revenue, representing salary savings in other Department operating budgets. >- Signal Renovation - To record a budget increase of $20,000 in Developer's Share revenue for reimbursement. To also record a budget transfer of $120,000 from 315-92558, Intersection Improvements for the purchase of LED's. >- National Guard Armory Renovations - To record a budget increase of $40,000 in General Fund revenue, representing savings in the Parks & Recreation Department operating budget. This will fund unanticipated fencing replacement at the Armory facility. >- Fencing Replacement Program - To record a budget increase of $23,000 in General Fund revenue, representing savings in the Parks & Recreation Department operating budget. This will fund unanticipated replacement fencing at the Cleanvater Beach Pool. >- Public Communications Office Renovations - To establish the project and record a budget increase of $14,000 in General Fund revenue, which will be transferred from savings within the operating budget of the Public Communications Department. This will provide funding to renovate existing office space due to the consolidation of the public information functions. >- Lake Bellevue Stormwater Improvements - To record a budget increase of $134,592.61 in Stormwater Fund revenue, representing interest earned in the bond construction funds. >- Sanitary Collection & Transmission R&R - To record budget increases of $400,882.30 in Sewer Fund revenue, representing interest earned in the bond construction funds. All significant budget increases that haYe been previously approved by the Council are listed below: Fire Training Facility Traffic Calming Beach Connector Trail Joe DiMaggio Sports Complex Demolition Enterprise Road Dog Park Beach Library/Recreation Center Renovations Countryside Recreation Center Basketball Court Refmbishment FBO Building Improvements Backfile Conversion of Records Project Blld~t Increase $1,348,500 4,686,000 55,858.42 296,000 400,000 490,000 70,000 250,000 500,000 Council Approval 08/02/07 08/14/07 09/20/07 09/06/07 08/14/07 09/06/07 09/06/07 07/19/07 06/20/07 20 Item # 33 Attachment number 14 Page 1 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006/07 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment EMS Capital Equipment 316-91221 (34,095) * To record a budget decrease of $34,095.14 in Lease Purchase revenue. This funding is not needed due to items costing less than anticipated. (34,095) Fire Training Facility 2 315-91242 1,300,140 To record a budget transfer of $1 ,348,500 in Penny for 325-91242 48,360 Pinellas revenue from project 315-91252, Station 48 Renovation/Expansion. This was approved by the City Council on August 2, 2007 for the construction of the training facility. 1,348,500 Fire Dispatch Radio Replacement - CLOSE PROJECT 3 316-91249 (1,766) * To record a budget decrease of $1 ,766 in Lease Purchase revenue, which will close the project. All the equipment has been purchased. (1,766) Station 48 Renovation/Expansion 4 315-91252 (1,348,500) To record a budget transfer of $1 ,348,500 in Penny for Pinellas revenue to project 315-91242, Fire Training Facility. This was approved by the City Council on August 2, 2007 for the construction of the training facility. (1,348,500) Fire Ladder Truck Equipment 5 315-91258 22,428 To record a budget transfer of $22,427.67 in General Fund revenue from 315-94836, Document & Agenda Management Replacement, which is a closed project. 315-91258 52,573 To record a budget increase of $52,572.33 in General Fund revenue representing savings in other Department operating budgets. This will provide additional funding for equipment purchases. 75,000 Druid Road Improvements 6 315-92146 (55,858) To record a budget transfer of $55,858.42 in Penny for Pinellas revenue to 315-92342, Beach Connector Trail. This will provide funding for work order amendment #3 to Wade-Trim for engineering design and construction administration services. This is proposed to come before the City Council on September 20, 2007. (55,858) Traffic Calming 7 315-92259 795,843 To record a budget transfer of $795,842.74 in Local Option Gas Tax from project 315-92262, SR 60 Corridor Beautification. The SR 60 project has been completed and can be closed. 315-92259 4,686,000 To record a budget increase of $4,686,000 in Penny for Pinellas revenue, which will be transferred from the Special Development Fund. This was approved by the City Council on August 14, 2007 to provide funding for Wood Valley and Morningside traffic calming projects. 5,481,843 Item # 33 21 * indicates budget amendment only Attachment number 14 Page 2 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006/07 Amdmt # Project Number Increasel (decrease) Amount Transfer Amount Description Net Budget Amendment SR 60 Corridor Beautification 8 315-92262 (795,843) To record a budget transfer of $795,842.74 in Local Option Gas Tax to project 315-92259, Traffic Calming. 315-92262 (3,492) To record a budget decrease of $3,492 in Transportation Impact Fee revenue, which will be returned to the Special Development Fund for reappropriation. The SR 60 project has been completed and can be closed. (799,335) Myrtle Ave - Alt 19 - CLOSE PROJECT 9 315-92265 (28,664) To record a budget transfer of $28,664.48 in Road Millage to 315-92273, Streets & Sidewalks. The Myrtle Avenue project is complete. (28,664) Streets, Sidewalks & Bridges 10 315-92266 28,664 To record a budget transfer of $28,664.48 in Road Millage from 315-92265, Myrtle Avenue-Alt 19. The Myrtle Avenue project is complete. 28,664 Beach Walk 11 376-92267 (271,933) * To record a budget transfer of $271 ,933.23 in '08 Water & Sewer Bond proceeds to 376-96742, Line Relocation- Capitalized. This will be offset by a like budget transfer 378-92267 271,933 of $271 ,933.23 in '06 Water & Sewer Bond proceeds from 378-96742, Line Relocation - Capitalized. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. Downtown Streetscape To record the following budget transfers as approved by the City Council on July 19, 2007 for Change Order #2 to Gibbs & Register, as follows: 12 377 -92269 154,319 $154,319.01 in '02 Stormwater Bond Proceeds from 377- 96124, Storm Pipe System Improvements 357 -92269 398,139 $398,139.22 in '04 Stormwater Bond Proceeds from 357- 96124, Storm Pipe System Improvements 377 -92269 57,684 $57,683.51 in '02 Stormwater Bond Proceeds from 377- 96152, Lake Bellevue Stormwater Improvement 378-92269 116,453 $116,453 in '06 Water & Sewer Bond Proceeds from 378- 96742, Line Relocation Capitalized. 315-92269 1,857,670 * To also record a budget increase of $1 ,857,670 in FOOT grant revenue for the resurfacing of SR 60/Cleveland Street from Myrtle Avenue to Frederica Lane. This was approved by the City Council on September 21, 2006. 315-92269 (398,184 ) To record a budget decrease of $398, 183.51 in Central Insurance Fund revenue, which will be returned to that fund for reappropriation. This funding was originally transferred into the project as a temporary funding source until the FOOT grant revenue was approved. This was approved by the City Council on April 20, 2006. 2,186,081 Item # 33 22 * indicates budget amendment only Attachment number 14 Page 3 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Beach Connector Trail 13 315-92342 55,858 To record a budget transfer of $55,858.42 in Penny for Pinellas revenue from 315-92146, Druid Road Improvements. This will provide funding for work order amendment #3 to Wade-Trim for engineering design and construction administration services. This is proposed to come before the City Council on September 20, 2007. 55,858 Signal Renovation 14 315-92552 20,000 * To record a budget increase of $20,000 of Developer's Share revenue representing a reimbursement from MLJ Lakeview for their share in the cost of a new traffic light installation. 315-92552 120,000 To record a budget transfer of $120,000 in Local Option Gas Tax from 315-92558, Intersection Improvements. This will provide funding for the purchase of LED's, which will allow staff to convert the remaining traffic signals from incandescent to LED. 140,000 Intersection Improvements To record a budget transfer of $120,000 in Local Option 15 315-92558 (120,000) Gas Tax to 315-92552, Intersection Improvements. This will provide funding for the purchase of LED's which will allow staff to convert the remaining traffic signals from incandescent to LED. (120,000) National Guard Armory Renovations 16 315-93248 40,000 To record a budget increase of $40,000 in General Fund revenue, which will be transferred from savings within the operating budget of the Parks & Recreation Department. This will fund unanticipated fencing replacement at the Armory facility. 40,000 Jack Russell Infrastructure Repairs & Demolition 17 315-93254 (10,082) * To record a budget decrease of $1 0,082.16 in General Fund revenue, which reflects what was actually received for scrap sales. (10,082) Countryside Community Park Building 18 315-93256 (25,000) * To record a budget decrease of $25,000 in grant revenue from Pine lias County. This reflects the actual grant amount approved by the City Council on August 14,2007. (25,000) Item # 33 23 * indicates budget amendment only Amdmt # Project Number 19 315-93257 315-93257 20 315-93262 21 325-93263 325-93263 22 315-93264 315-93264 315-93264 Attachment number 14 Page 4 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Increase! (decrease) Amount Transfer Amount Description Net Budget Amendment Joe DiMaggio Sports Complex Demolition - NEW PROJECT To establish the project and record a budget increase of $296,000. This consists of a budget increase of 150,000 $150,000 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund, as well as a second budget increase 146,000 of $146,000 in General Fund revenue, which will be transferred from savings within the Parks & Recreation operating budget. This was approved by the City Council on September 6, 2007 for the demolition of the building and the cleanup of the site. 296,000 Fencing Replacement Program 23,000 To record a budget increase of $23,000 in General Fund revenue, which will be transferred from savings within the operating budget of the Parks & Recreation Department. This will fund unanticipated replacement fencing at the Clearwater Beach Pool. 23,000 Public Art Maintenance - NEW PROJECT To record a budget transfer of $1,172.52 in General Fund 1,173 revenue from 325-94621, Fleet Maintenance Facility Expansion. To also record a budget transfer of $200 in 200 Gas Fund revenue from 325-96384, Gas Building Renovation. Both amendments are based on the approval of the Public Arts Ordinance #7489-05 which was approved by the City Council on October 6, 205. Section 3-2403, Item 5 of that ordinance approved the establishment of a "maintenance account". 1,373 Enterprise Road Dog Park - NEW PROJECT To establish the project and record a budget increase of $400,000 consisting of the following: 200,000 * $200,000 grant from Florida Department of Environmental Protection 118,000 $118,000 in Recreation Facility Impact Fee revenue to be transferred from the Special Development Fund 82,000 $82,000 in General Fund revenue to be transferred from savings within the Parks & Recreation Department operating budget. This was approved by the City Council on August 14, 2007 with the approval of the grant agreement. 400,000 Item # 33 24 * indicates budget amendment only Attachment number 14 Page 5 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006/07 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Beach Library/Recreation Center Renovations - NEW PROJECT To establish the project and record a budget increase of 23 315-93265 390,000 $490,000. This includes a budget increase of $390,000 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund, 315-93265 100,000 * and a budget increase of $1 00,000 in grant revenue representing a grant from the Pine lias Public Library Cooperative. This was approved by the City Council on September 6, 2007. 490,000 Parks & Recreation Technology Upgrades - CLOSE PROJECT 24 316-93274 (79,551) * To record a budget decrease of $79,551 in Lease Purchase revenue, which will close the project. All equipment will now be purchased through Information Technology. (79,551 ) Countryside Recreation Center Basketball Court Refurbishment - NEW PROJECT To establish the project and record a budget increase of 25 315-93283 70,000 $70,000 in General Fund revenue, which will be transferred from savings within the operating budget of the Parks & Recreation Department. This was approved the City Council on September 6, 2007 and will fund the replacement of the floor. 70,000 Marine Facility Dredging & Maintenance 26 315-93496 10,773 * To record a budget increase of $1 0,772.70 in grant revenue from the Florida Department of Environmental Protection. This was awarded August 7, 2007 to renovate the existing pump out system at the Marina and will be approved by the City Council on September 20, 2007. 10,773 Risk Management Renovations - CLOSE PROJECT 27 315-94526 (15,000) To record a budget decrease of $15,000 in Central Insurance revenue, which will be returned to the Central Insurance Fund for reappropriation. This project has been eliminated. (15,000) Fire Stations/MSB Generators - CLOSE PROJECT 28 315-94617 (35,301 ) To record a budget decrease of $35,301.23 in Penny for Pinellas revenue, which will be returned to the Special Development Fund for reappropriation. This project is complete. (35,301 ) Fleet Maintenance Facility Expansion 29 325-94621 (1,173) To record a budget transfer of $1,172.52 in General Fund revenue to 325-93263, Public Art Maintenance. This is based on the approval of the Public Arts Ordinance #7489-05 which was approved by the City Council on October 6, 205. Section 3-2403, Item 5 of that ordinance approved the establishment of a "maintenance account". (1,173) Item # 33 25 * indicates budget amendment only Attachment number 14 Page 6 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006/07 Increase/ Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Public Communications Office Renovations - NEW PROJECT To establish the project and record a budget increase of 30 315-94623 14,000 $14,000 in General Fund revenue, which will be transferred from savings within the operating budget of the Public Communications Department. This will provide funding to renovate existing office space due to the consolidation of the public information functions. 14,000 Downtown Redevelopment - CRA - CLOSED 31 315-94714 (440,100) * To record a budget decrease of $440, 1 00.39 in CRA revenue, which reflects the required establishment of CRA reserved fund balance for land held for resale, in accordance with generally accepted accounting principles as applied to governmental units. This was approved by the CRA May 15, 2007. This project is now accounted for in the new CRA Project Fund 388 (440,100) CIS Upgrades/Replacements 32 315-94829 12,503 To record a budget transfer of $12,502.83 in Administrative Services revenue from 315-94844, CCS Meter Reader Office Renovations. The renovations are complete and the project can be closed. 12,503 Document & Agenda Management Replacement - CLOSE PROJECT 33 315-94836 (22,428) To record a budget transfer of $22,427.67 in General Fund revenue, which will be transferred to 315-91258, Fire Ladder Truck Equipment. To also record a budget 316-94836 (33,652) * decrease of $33,652.24 in Lease Purchase revenue. This project is complete. (56,080) CCS Meter Reader Office Renovations - CLOSE PROJECT 34 315-94844 (12,503) To record a budget transfer of $12,502.83 in Administrative Services revenue to 315-94829, CIS Upgrades/ Replacements. The renovations are complete and the project can be closed. (12,503) CCS Pickup Truck - CLOSE PROJECT 35 316-94845 (5,519) * To record a budget decrease of $5,519 in Lease Purchase revenue, which will close the project. The vehicle has been purchased. (5,519) FBO Building Improvements - NEW PROJECT To establish the project and record a budget increase of 36 315-94846 200,000 * $250,000 consisting of $200,000 in FOOT grant revenue 315-94846 50,000 and $50,000 of Central Insurance revenue. This was approved by the City Council on July 19, 2007 for Supplemental Agreement #2 with FOOT for modifications to the FBO building at the Airpark. 250,000 Item # 33 26 * indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Amdmt # Increase! (decrease) Amount Description Net Budget Amendment Project Number Transfer Amount Backfile Conversion of Records - NEW PROJECT To establish the project and record a budget increase of 37 315-94850 500,000 $500,000 in General Fund revenue, which will be transferred from the unappropriated retained earnings of the General Fund. This was approved by the City Council on June 20, 2007 for the conversion of City records into the Laserfiche Electronic Document Management System. Storm Pipe System Improvements 38 377-96124 (154,319) To record a budget transfer of $154,319.01 in '02 Stormwater Bond Proceeds to 377-92269, Downtown Streetscape. 357-96124 (398,139) To record a budget transfer of $398,139.22 in '04 Stormwater Bond Proceeds to 357-92269, Downtown Streetscape. 357-96124 (57,684) To record a budget transfer of $57,683.51 in '04 Stormwater Bond Proceeds to 357-96152, Lake Bellevue Stormwater Improvements. All the above amendments were approved by the City Council on July 19, 2007 for Change Order #2 to Gibbs & Register. 357-96124 1,231 To record a budget transfer of $1 ,231.17 of '04 Stormwater Bond Proceeds from 357-96142, Myrtle Avenue-Alt 19. The Myrtle Avenue project is complete. Myrtle Avenue-Alt 19 - CLOSE PROJECT 39 357-96142 (1,231 ) To record a budget transfer of $1 ,231.17 of '04 Stormwater Bond Proceeds to 357-96124, Storm system Improvements. The Myrtle Avenue project is complete. To record a budget transfer $14.28 of '02 Stormwater 377-96142 (14) Bond Proceeds to 377-96144, Stevenson's Creek Implementation Projects. The Myrtle Avenue project is complete. Stevenson's Creek Implementation Projects 40 377-96144 14 To record a budget transfer of $14.28 '04 02 Stormwater Bond Proceeds from 377-96142, Myrtle Avenue-Alt 19. The Myrtle Avenue project is complete. 357-96144 73,734 To record a budget transfer of $73,733.72 in '08 Stormwater Bond proceeds from 357-96154, Alligator Creek Drainage Improvement. To record a like budget 380-96144 (73,734 ) transfer of $73,733.72 in '04 Stormwater Bond proceeds from 380-96144, Stevensons Creek Implementation. This transfers the oldest revenue to the project where it will be spent first. 27 Attachment number 14 Page 7 of 13 500,000 (608,911 ) (1,245) 14 Item # 33 * indicates budget amendment only Attachment number 14 Page 8 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Lake Bellevue Stormwater Improvements 41 377-96152 (57,684) To record a budget transfer of $57,683.51 in '02 Stormwater Bond Proceeds to 377-92269, Downtown Streetscape. 357-96152 57,684 To record a budget transfer of $57,683.51 in '04 Stormwater Bond Proceeds to 357-96124, Storm Pipe System Improvements. Both of the above amendments were approved by the City Council on July 19, 2007 for Change Order #2 to Gibbs & Register. 315-96152 134,593 To record a budget increase of $134,592.61 in Stormwater Fund revenue, which will be transferred from the unappropriated retained earnings of the Stormwater Fund. This represents interest earned in the bond construction funds. 134,593 Alligator Creek Implementation Projects 42 315-96154 179,906 To record a budget increase of $179,906 in Stormwater Fund revenue, which will be transferred from the unappropriated retained earnings of the Stormwater Fund. This represents interest earned in the bond construction funds. 357-96154 (73,734 ) To record a budget transfer of $73,733.72 in '04 Stormwater Bond proceeds to 357-96144, Stevensons Creek Implementation. To record a like budget transfer of 380-96154 73,734 $73,733.72 in '08 Stormwater Bond proceeds from 380- 96144, Stevensons Creek Implementation. This transfers the oldest bond revenue to the project where it will be spent first. 179,906 Line Relocation Pinellas - Capitalized 43 315-96374 8,161 * To record a budget increase of $8, 161.39 in Property Owner's Share revenue. This represents actual cash received from a property owner for the relocation of their gas line by City crews. 8,161 Pinellas New Mains - Service Lines 44 315-96377 22,495 * To record a budget increase of $22,494.90 in Property Owner's Share revenue. This represents actual cash received from property owners for work performed on their property by City crews. 22,495 Pasco New Mains - Service Lines 45 315-96378 (2,240,000) To record a budget decrease of $2,240,000 in Gas Fund revenue, which will be returned to the Gas Fund to payoff the 1997B Bonds. This was approved by the City Council on June 7, 2007. (2,240,000) Item # 33 28 * indicates budget amendment only CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Amdmt # Increase! (decrease) Amount Description Net Budget Amendment Project Number Transfer Amount 46 Gas Meter Change Out - Pasco (860,000) To record a budget decrease of $860,000 in Gas Fund revenue, which will be returned to the Gas Fund to payoff the 1997B Bonds. This was approved by the City Council on June 7, 2007. 315-96379 47 Gas Building Renovation (200) To record a budget transfer of $200 in Gas Fund revenue to 325-93263, Public Art Maintenance. This is based on the approval of the Public Arts Ordinance #7489-05 which was approved by the City Council on October 6, 205. Section 3-2403, Item 5 of that ordinance approved the establishment of a "maintenance account". 325-96384 Container Screening Program - CLOSE PROJECT 48 315-96439 (34,458) To record a budget transfer of $34,457.50 in Solid Waste revenue to 315-96443, Residential Container Acquisition. 315-96439 (76,000) To also record a budget transfer of $76,000 in Solid Waste revenue to 315-96444, Commercial Container Acquisition. The Container Screening Program is complete. Residential Container Acquisition 49 315-96443 34,458 To record a budget transfer of $34,457.50 in Solid Waste revenue from 315-96439, Container Screening Program. The Container Screening Program is complete. Commercial Container Acquisition 50 315-96444 76,000 To record a budget transfer of $76,000 in Solid Waste revenue from 315-96439, Container Screening Program. The Container Screening Program is complete. 51 NE Filter & MS Blower MCC (41,524) * To record a budget transfer of $41 ,524.30 in '08 Water & Sewer Bond proceeds to 376-9742, Line Relocation - Capitalized. This will be offset by a like budget transfer 41,524 of $41 ,524.30 in '06 Water & Sewer Bond proceeds from 378-96742, Line Relocation - Capitalized. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. 376-96613 378-96613 52 WWTP Generator Replacements (367,007) * To record a budget transfer of $367,007 in '08 Water & Sewer Bond proceeds to 376-96742, Line Relocation - Capitalized. This will be offset by a like budget transfer 367,007 of $367,007 in '06 Water & Sewer Bond proceeds from 378-96742, Line Relocation - Capitalized. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. 376-96619 378-96619 29 Attachment number 14 Page 9 of 13 (860,000) (200) (110,458) 34,458 76,000 * indicates budget amendment only Item # 33 Amdmt # Project Number Net Budget Amendment 53 316-96623 54 343-96634 376-96634 55 343-96664 376-96664 378-96664 378-96664 56 343-96665 376-96665 378-96665 315-96665 Increase/ (decrease) Amount (10,003) * (169,188) 400,882 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006/07 Transfer Amount Description Nutrient Analyzer - CLOSE PROJECT To record a project decrease of $10,003 in Lease Purchase revenue, which will close the project. All equipment has been purchased. Sanitary Utility Relocation Accommodation (42,174) To record a budget transfer of $42,173.97 in '02 Water & Sewer Bond proceeds to 343-96665, Sanitary Collection & Transmission R&R. This will be offset by a like budget 42,174 * transfer of $42, 173.97 in '08 Water & Sewer Bond proceeds from 376-96665, Sanitary Collection & Transmission R&R. These amendments transfer the oldest bond revenue to the project where it will be spent first. WPC R&R 29,037 To record a budget transfer of $29,037.14 in '02 Water & Sewer Bond proceeds from 343-96685, WPC Master Plan Phase III. The Master Plan project is complete and will be closed. (1,458,659) * To record a budget transfer of $1 ,458,659.17 in '08 Water & Sewer Bond proceeds of which $1,274,820.27 will be transferred to 376-96742, Line Relocation - Capitalized and $183,838.90 will be transferred to 376-96760, Elevated Water Tanks. This will be offset by by a budget transfer of $1 ,274,820.27 in '06 Water & 1,274,820 Sewer Bond proceeds from 378-96742, Line Relocation- Capitalized and a budget transfer of $183,838.90 in '06 183,839 Water & Sewer Bond proceeds from 378-96760, Elevated Water Tanks. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. Sanitary Collection & Transmission R&R 42,17 4 To record a budget transfer of $42,173.97 in '02 Water & Sewer Bond proceeds from 343-96634, Sanitary Utility Relocation Accommodation. This will be offset by a like (42,174) * budget transfer of $42,173.97 in '08 Water & Sewer Bond proceeds to 376-96634, Sanitary Utility Relocation Accommodation. These amendments transfer the oldest bond revenue to the project where it will be spent first. To record a budget decrease of $169, 188.19 of '06 Water & Sewer Bond proceeds, which reflects the return of interest earnings to the fund balance of Fund 378. To record a budget increase of $400,882.30 in Sewer Fund revenue, which will be transferred from the unappropriated retained earnings of the Water & Sewer Fund. This represents interest earned in the bond construction funds. 30 Attachment number 14 Page 10 of 13 (10,003) 29,037 231,694 * indicates budget amendment only Item # 33 Amdmt # Project Number Net Budget Amendment 57 343-96685 58 376-96686 378-96686 59 343-96739 315-96739 376-96739 378-96739 Increase/ (decrease) Amount (69,969) 105,105 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006/07 Transfer Amount Description WPC Master Plan Phase III - CLOSE PROJECT (29,037) To record a budget transfer of $29,037.14 in '02 Water & Sewer Bond proceeds to 343-96664, WPC R&R. The Master Plan project is complete. Pump Station Replacement (224,692) * To record a budget transfer of $224,692.40 in '08 Water & Sewer Bond proceeds to 376-96760, Elevated Water Tanks. This will be offset by a like budget transfer of 224,692 $224,692.40 in '06 Water 7 Sewer Bond proceeds from 378-96760, Elevated Water Tanks. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. Reclaimed Water Distribution To record a budget decrease of $69,969.36 of '02 Water & Sewer Bond proceeds, which reflects the return of interest earnings to the fund balance of Fund 343. To record a budget increase of$105,104.73 of Water revenue, which will be transferred from the unappropriated retained earnings of the Water & Sewer Fund. This represents interest earned in the bond construction funds. (141,465) * To record a budget transfer of $141 ,464.56 in '08 Water & Sewer Bond proceeds to 376-96760, Elevated Water Tanks. This will be offset by a like budget transfer of 141,465 $141,464.56 in '06 Water & Sewer Bond proceeds from 378-96760, Elevated Water Tanks. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. 31 Attachment number 14 Page 11 of 13 (29,037) 35,135 * indicates budget amendment only Item # 33 Attachment number 14 Page 12 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Line Relocation - Capitalized 60 378-96742 (116,453) To record a budget transfer of $116,453 in '06 Water & Sewer Bond proceeds to 378-92269, Downtown Streetscape. This was approved by the City Council on July 19, 2007 for Change Order #2 to Gibbs & Register. To record a budget transfer of $1 ,955,284.80 in '08 Water & Sewer Bond proceeds, as follows: 376-96742 271,933 * $271,933.23 from 376-92267, Beach Walk 376-96742 41,524 * $41,524.30 from 376-96613, NE Filter & MS Blower MCC 376-96742 367,007 * $367,007 from 376-96619, WWTP Generator Replacements 376-96742 1,274,820 * $1,274,820.27 from 376-96664, WPC R&R This will be offset by a like budget transfer of $1 ,955,284.80 in '08 Water & Sewer Bond proceeds, as follows: 378-96742 (271,933) $271,933.23 to 378-2267, Beach Walk 378-96742 (41,524) $41,524.30 to 378-96613, NE Filter & MS Blower MCC 378-96742 (367,007) $367,007 to 378-96619, WWTP Generator Replacements 378-96742 (1,274,820) $1,274,820.27 to 378-96664, WPC R&R This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. (116,453) Meter Backflow Replacement 61 376-96743 (148,133) To record a budget decrease of $148, 132.59 in '08 Water & Sewer Bond proceeds to 376-96760, Elevated Water Tanks. This will be offset by a like budget increase of 378-96743 148,133 $148,132.59 in '06 Water & Sewer Bond proceeds from 378-96760, Elevated Water Tanks. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. Water Service Lines 62 376-96752 (500,000) To record a budget decrease of $500,000 in '08 Water & Sewer Bond proceeds to 376-96763, Wellfield Expansion. This will be offset by a like budget increase 378-96752 500,000 of $500,000 in '06 Water & Sewer Bond proceeds from 378-86763, Wellfield Expansion. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. Water Pick Up Trucks 63 316-96757 (43,709) * To record a budget decrease of $43,709 in Lease Purchase revenue. All currently approved vehicles have been purchased. However, the project will remain open as there is additional funding for future vehicles in the Proposed Six Year CIP. (43,709) Item # 33 32 * indicates budget amendment only Attachment number 14 Page 13 of 13 CAPITAL IMPROVEMENT FUND Third Quarter Amendments FY 2006!07 Increase! Amdmt Project (decrease) Transfer Net Budget # Number Amount Amount Description Amendment Elevated Water Tanks To record a budget transfer of $698,128.45 in '08 Water & Sewer Bond proceeds, as follows: 64 376-96760 183,839 * $183,838.90 from 376-96664, WPC R&R 376-96760 224,692 * $224,692.40 from 376-96686, Pump Station Replacement 376-96760 141,465 * $141,464.56 from 376-96739, Reclaimed Water Dist Sys 376-96760 148,133 * $148,132.59 from 376-96743, Water Service Lines This will be offset by a like budget transfer of $698,128.45 in '06 Water & Sewer Bond proceeds, as follows: 378-96760 (183,839) $183,838.90 to 378-96664, WPC R&R 378-96760 (224,692) $224,692.40 to 378-96686, Pump Station Replacement 378-96760 (141,465) $141,464.56 to 378-96739, Reclaimed Water Dist Sys 378-96760 (148,133) $148,132.59 to 378-96743, Water Service Lines This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. Wellfield Expansion 65 376-96763 500,000 * To record a budget transfer of $500,000 in '08 Water & Sewer Bond proceeds from 376-96752, Water Service Lines. This will be offset by a like budget transfer of 378-96763 (500,000) $500,000 in '06 Water & Sewer Bond proceeds to 376-96752, Water Service Lines. This was approved by the City Council on September 20, 2007 to transfer the oldest bond revenue to the project where it will be spent first. TOTALS 5,086,545 5,086,545 Item # 33 33 * indicates budget amendment only Attachment number 15 Page 1 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2006 to June 30, 2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1106 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref PUBLIC SAFETY Police Protection 91147 Police Computer Network - II 951,330 951,330 951,330 114,070 31,958 805,302 Sub-Total 951,330 951,330 0 951,330 114,070 31,958 805,302 Fire Protection 91221 EMS Capital Equipment 1,053,411 1,053,411 (34,095) 1,019,316 973,608 1,506 44,201 91226 Vehicular Support 498,509 498,509 498,509 279,087 219,422 91229 Replace & Upgrade Airpacks 821 ,500 552,000 552,000 282,918 150,000 119,082 91236 Rescue Vehicle 185,000 185,000 185,000 185,000 91237 Northwest Station 2,220,535 2,191,084 2,191,084 2,191,084 0 C 91240 Fire GIS 74,000 74,000 74,000 10,382 63,618 91242 Fire Training Facility 3,566,500 3,566,500 1 ,348,500 4,915,000 93,043 20,412 4,801,545 2 91245 Fire Garage Door Replcmt 94,000 94,000 94,000 94,000 0 91247 Traffic Pre-Emption 130,000 130,000 130,000 29,548 100,452 91249 Fire Dispatch Radio Replcmt 317,700 317,700 (1,766) 315,934 315,934 0 C 3 91252 Station 48 Renovation/Expansion 2,000,000 2,000,000 (1,348,500) 651,500 157,819 8,054 485,627 4 91253 Main Station (Fire) 3,000,000 3,000,000 3,000,000 50,944 50,325 2,898,731 91254 Ladder Truck 884,380 884,380 884,380 884,380 0 C 91255 Exhaust Systems 132,280 155,480 155,480 155,480 91256 Security Access Systems 82,480 90,380 90,380 8,989 4,494 76,897 91257 AED Program 38,000 60,500 60,500 36,738 23,762 91258 Ladder Truck Equipment 75,000 75,000 75,000 150,000 72,857 523 76,620 5 91259 Radio Replacements 50,000 50,000 50,000 44,003 5,962 35 91260 Thermal Imaging Cameras 10,000 10,000 10,000 9,486 514 91261 Personal Protection Equipment 190,000 190,000 190,000 161,581 28,419 91262 SCBA Upgrade-Fill Station 0 73,900 73,900 73,900 91263 Extrication Tools 0 56,000 56,000 56,000 Sub-Total 15,423,295 15,307,844 39,139 15,346,983 5,659,662 278,014 9,409,306 TRANSPORTA TION New Street Construction 92146 Druid Rd Improvements 3,206,050 3,168,050 (55,858) 3,112,191 1,444,867 183,467 1,483,858 6 92148 Gateway to the Beach 10,062,697 9,439,195 9,439,195 9,439,195 0 C Sub-Total 13,268,747 12,607,245 -55,858 12,551,386 10,884,062 183,467 1,483,858 Major Street Maintenance 92259 Traffic Calming 5,406,098 5,406,098 5,481,843 10,887,941 1,920,362 1,865,026 7,102,553 7 92262 SR 60 Corridor Beaut 3,170,541 3,170,541 (799,335) 2,371,206 2,371,206 0 0 8 92265 Myrtle Ave/Alt 19 1,245,473 1,245,473 (28,664) 1,216,808 1,216,808 0 C 9 92266 Streets, Sidewalks & Bridges 14,470,087 14,470,087 28,664 14,498,751 8,565,016 2,174,556 3,759,179 10 92267 Beach Walk 31,612,195 31,326,849 31,326,849 11,922,827 18,806,837 597,185 11 92268 Bluff to Beach Guideway 140,000 140,000 140,000 90,000 50,000 92269 Downtown Streetscape 9,313,258 9,337,233 2,186,081 11,523,314 6,076,680 3,235,935 2,210,699 12 92270 Gulf to Bay / Highland Imprv 1,500,000 1,500,000 1,500,000 1,500,000 92271 Courtney Campbell Landscape 150,000 150,000 150,000 122,115 8,004 19,881 92272 Drew & US 19 Landscape 240,000 184,280 184,280 184,280 0 C Sub-Total 67,247,651 66,930,561 6,868,589 73,799,150 32,469,294 26,090,359 15,239,497 Sidewalks and Bike Trail 92339 New Sidewalks 389,833 389,833 389,833 385,231 4,602 92340 Clw Bch West Bridge Co 4,967,166 4,967,166 4,967,166 1,587,301 2,872,210 507,654 92342 Beach Connector Trail 193,950 231,950 55,858 287,809 148,158 45,792 93,858 13 Sub-Total 5,550,950 5,588,950 55,858 5,644,808 2,120,691 2,918,003 606,115 Item # 33 34 Attachment number 15 Page 2 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2006 to June 30, 2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1106 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Intersections 92551 City-Wide Intersection Imprv 865,778 865,778 865,778 449,319 336,072 80,387 92552 Signal Renovation 880,698 880,698 140,000 1,020,698 805,577 16,966 198,156 14 92553 New Signal Installation 801,789 801,789 801,789 537,847 51,283 212,659 92558 Intersection Improvements-II 1,628,756 1,654,918 (120,000) 1,534,918 407,740 153,657 973,520 15 Sub-Total 4,177,020 4,203,183 20,000 4,223,183 2,200,483 557,978 1,464,721 Parking 92630 Parking Lot Resurfacing 1,429,023 1,429,023 1,429,023 593,285 835,737 92632 Pkng Garage Structure Rpr 1 ,193,432 1,193,432 1 ,193,432 688,713 504,719 92636 Parking Lot Improvement 1,112,977 1,112,977 1,112,977 555,679 69,359 487,940 92640 Downtown Parking Garage 1,900,000 102,200 102,200 102,200 0 C 92641 Seashell Parking Lot 6,000,000 6,000,000 6,000,000 6,000,000 92646 Station Square Parking 1,300,000 1,300,000 1,300,000 1,300,000 Sub-Total 12,935,431 11,137,631 0 11,137,631 1,939,876 69,359 9,128,396 Miscellaneous Engineering 92820 Memorial Causeway Br Repl 37,258,665 37,258,665 37,258,665 36,814,125 88,536 356,003 92822 Miscellaneous Engineering 399,025 399,025 399,025 255,784 143,241 92836 Sign Shop Expansion 319,793 293,631 293,631 293,631 0 C Sub-total 37,977,483 37,951,321 0 37,951,321 37,363,540 88,536 499,244 LEISURE Land Acquisition 93129 Bayview Park 650,000 650,000 650,000 649,241 759 Sub-total 650,000 650,000 0 650,000 649,241 0 759 Park Development 93203 Carpenter Fld-Infras Repllmp 120,000 120,000 120,000 43,821 76,179 93204 Concrete Sidewalk & Pad 367,913 367,913 367,913 346,241 21,671 93205 Com Sprts Cmp Infr Repllmp 225,822 225,822 225,822 212,819 13,003 93210 Mem Cswy Lndscp/Beaut 1,362,600 1,260,135 1,260,135 986,987 273,148 93213 Prk Amenity Purch & Rplcmnt 659,942 659,942 659,942 610,439 49,503 93214 Long Center Playground 470,000 555,000 555,000 505,577 47,750 1,673 93229 Tennis Court Resurfacing 516,582 516,582 516,582 483,167 33,416 93230 Playground & Fitness Equip Purch 1,155,210 1 ,155,210 1,155,210 1,143,017 12,193 93232 Long Center 1,036,821 1,030,432 1,030,432 1,030,432 0 C 93241 Crest Lake Pk Improvemts 200,000 200,000 200,000 107,826 89,296 2,878 93244 P&B Trucks 34,500 34,500 34,500 13,404 21,096 93246 Long Center Pool Project 950,000 925,000 925,000 893,190 10,040 21,770 93247 Fitness Equipment Replacement 50,000 50,000 50,000 24,163 25,837 93248 National Guard Armory Renovatior 180,000 180,000 40,000 220,000 79,810 7,605 132,585 16 93251 Morningside Rec Ctr Replacement 535,000 535,000 535,000 40,335 2,070 492,595 93252 EC Moore E Batting Tunnel 225,456 225,456 225,456 215,379 0 10,076 93253 Ross Norton Complex 4,067,287 4,066,993 4,066,993 4,066,993 0 C 93254 JRS Infrast Rep & Demo 200,000 235,000 (10,082) 224,918 13,058 128,334 83,526 17 93255 P&B Maint Bldg 100,000 100,000 100,000 100,000 93256 CIS Comm Pk Bldg 450,000 450,000 (25,000) 425,000 21,400 403,600 18 93257 Joe 0 Sports Complex Demo 0 0 296,000 296,000 296,000 19 93262 Fencing Replacemt Program 844,555 844,555 23,000 867,555 783,958 33,636 49,962 20 93263 Public Art Maintenance 0 0 1,373 1,373 1,373 21 93264 Enterprise Rd Dog Park 0 0 400,000 400,000 400,000 22 93265 Beach Lib/Rec Ctr Renovations 0 0 490,000 490,000 490,000 23 93269 Light Replacement 1,426,676 1,426,676 1,426,676 1,277,451 76,198 73,027 93271 Swimming Pool R&R 294,400 294,400 294,400 230,780 499 63,121 93272 Bicycle Paths-Bridges 930,000 1,130,000 1,130,000 191,907 785,955 152,138 93273 Restrooms on Clwr Beach 600,000 600,000 600,000 600,000 93274 P&R Technology Upgrades 213,000 213,000 (79,551 ) 133,449 133,449 0 C 24 Item # 33 35 Attachment number 15 Page 3 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2006 to June 30, 2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1106 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Park Development (continued) 93277 Harborview Infra Repllmpr 416,541 416,541 416,541 250,523 19,619 146,400 93278 Long Center Infra Repairs 252,000 267,000 267,000 249,141 17,859 93283 CIS Rec Ctr BB Ct Refurbishment 0 0 70,000 70,000 70,000 25 93286 Pking Lot/Bike Pth Rsrllmprv 336,943 336,943 336,943 242,197 94,746 Sub-Total 18,221,248 18,422,100 1,205,739 19,627,839 14,176,062 1,222,402 4,229,375 Marine Facilities 93402 Bayfront Promenade 1,047,007 1,047,007 1,047,007 180,428 37,642 828,936 93403 Beach Guard Facility Maint 20,000 20,000 20,000 11 ,535 8,465 C 93404 High & Dry Marina Feasibility Stud 54,000 54,000 54,000 54,000 0 C 93405 Downtown Boat Slips 436,796 486,796 486,796 324,442 131,649 30,705 93406 Marina Pump Out Boat 41,000 39,500 39,500 39,500 0 C 93407 Sailing Center Expansion 400,000 400,000 400,000 98,700 301 ,300 93413 Utilities/Svcs Replace 373,966 373,966 373,966 369,243 3,266 1 ,457 93429 Dock Replacement & Repair 344,040 314,040 314,040 294,660 525 18,854 93490 Fuel System R&R 160,000 124,792 124,792 43,300 5 81,487 93494 Fuel Tank Replacement 358,220 373,428 373,428 373,428 0 C 93495 Dock Construction 59,750 39,750 39,750 15,316 24,434 93496 Marine Fac Dredg/Maint 591,009 521,009 10,773 531,781 488,462 43,320 26 93497 Docks & Seawalls 386,085 386,085 386,085 91,406 294,679 93499 Pier 60/Sailing Ctr Maint 125,313 125,313 125,313 114,774 10,539 Su btotal 4,397,185 4,305,685 10,773 4,316,458 2,400,495 271,787 1,644,176 Aviation 94817 Airpark Maint & Repair 60,000 60,000 60,000 52,366 4,452 3,182 94838 Airpark FBO Building 322,305 322,305 322,305 322,305 0 C Sub-Total 382,305 382,305 0 382,305 374,671 4,452 3,182 Libraries 93523 New Main Library 19,230,130 19,230,130 19,230,130 18,805,652 17,233 407,245 93527 Books & Other Lib Mat - II 2,662,901 2,662,901 2,662,901 2,200,775 1,404 460,722 Sub-Total 21,893,031 21,893,031 0 21,893,031 21,006,427 18,637 867,967 Garage 94230 Fleet Asset Mgmt Sys 250,702 250,702 250,702 237,552 12,609 540 94232 Radio User Equip Replcmt 800,000 800,000 800,000 704,938 95,062 94233 Motorized Equip-Cash II 472,432 474,179 474,179 442,447 12,125 19,607 94234 Motorized Equip - LP II 13,649,141 13,649,141 13,649,141 11,691,607 1,055,474 902,061 94236 Radio Simulcast Upgrade 462,258 462,258 462,258 247,584 214,674 0 Sub-Total 15,634,533 15,636,280 0 15,636,280 13,324,128 1 ,294,882 1,017,270 Building Maintenance 94510 Air Cond Replace-City Wide 1,903,459 1,903,459 1,903,459 1,504,411 142,383 256,665 94512 Roof Repairs 577,635 577,635 577,635 443,919 133,715 94514 Roof Replacements 1,280,334 1,280,334 1,280,334 804,989 8,229 467,116 94517 Painting of Facilities 618,925 618,925 618,925 306,950 311,975 94518 Fencing of Facilities 191,698 191,698 191,698 65,896 125,802 94519 Flooring for Facilities 769,642 769,642 769,642 643,026 11,177 115,440 94521 Elevator Refurb/Modernization 220,000 220,000 220,000 220,000 94522 B&M Asset Mgmt Sys 130,886 130,886 130,886 123,691 5,561 1,634 94524 Long Ct Major Infrst Imprvmts 455,000 455,000 455,000 52,806 402,194 94526 Risk Mgmt Office Renovations 15,000 15,000 (15,000) 0 0 C 27 94617 Fire Stations / MSB Generators 303,746 303,746 (35,301 ) 268,445 268,445 0 0 C 28 Sub-Total 6,466,325 6,466,325 -50,301 6,416,024 4,214,133 167,349 2,034,541 Item # 33 36 Attachment number 15 Page 4 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2006 to June 30, 2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1106 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref General Public City Buildings & Equipment 94620 New City Hall 100,000 108750 108,750 164 108,586 94621 Fleet Maint Facility Expansion 1,184,250 (1,173) 1,183,077 369,159 737,409 76,509 29 94622 MSB/Library Hurricane Protec 620,000 620,000 577,554 42,446 94623 PC Office Renovations 0 14,000 14,000 14,000 30 Sub-Total 100,000 1,913,000 12,827 1,925,827 369,324 1,314,963 241,541 Miscellaneous 94711 Sand Key Power Line 1 ,400,000 1,212,298 1 ,212,298 1,212,298 0 C 94714 Downtown Redevelopment 3,350,809 1,763,165 (440,100) 1,323,064 1,323,064 0 31 94729 City-wide Connect Infra 1,481,333 1,481,333 1,481,333 712,673 102,305 666,356 94736 Geographic Information 1,002,726 1,002,726 1,002,726 763,185 8,570 230,971 94761 Poll Stor Tank Rem/Repl-Gen 373,658 373,658 373,658 236,180 4,464 133,014 94765 IMR Development 1,441,788 1,342,517 1,342,517 1,342,517 0 94801 Tidemark Upgrade 802,623 802,623 802,623 494,082 308,541 94803 Envrnmntl Assmt & Clean-up 729,066 729,066 729,066 295,383 117,439 316,244 94809 Financial Sys Replacement 1,050,640 1,050,640 1,050,640 961 ,560 62,457 26,622 94814 Network Infra & Server Upgr 685,202 685,202 685,202 581,703 103,499 94820 HR Peoplesoft Upgrade 450,000 450,000 450,000 75,420 15,618 358,962 94824 IT Disaster Recovery 200,000 200,000 200,000 179,290 20,710 94827 Telecommunications Upgrade 125,000 125,000 125,000 125,000 94828 Financial Sys Upgrades 225,000 225,000 225,000 55,277 35,771 133,952 94829 CIS Upgrades / Replcmt 334,873 334,873 12,503 347,376 60,290 287,086 32 94830 MS Licensing / Upgrades 350,000 350,000 350,000 350,000 94831 Evaluation & Appraisal Rept 295,190 295,190 295,190 289,286 5,904 0 94833 Computer Monitors 260,000 260,000 260,000 245,604 14,396 94836 Document & Agenda Mgmt Repl 180,363 180,363 (56,080) 124,283 124,283 0 C 33 94839 Roadway & Traffic Asset Mgt 100,000 100,000 100,000 100,000 94842 MSB Pkg Lot Resurfllmprvmts 400,000 400,000 400,000 9,769 0 390,231 94844 CCS Mtr Reading Office Ren 35,500 35,500 (12,503) 22,997 22,997 0 0 C 34 94845 CCS Pickup Truck 17,000 17,000 (5,519) 11,481 11,481 0 C 35 94846 FBO Building Improvements 0 0 250,000 250,000 250,000 36 94850 Backfile Conversion of Records 0 0 500,000 500,000 500,000 37 Sub-total 15,290,770 13,416,154 248,301 13,664,454 8,996,342 352,529 4,315,583 UTILITIES Stormwater Utility 96124 Storm Pipe System Improv 8,108,616 7,957,571 (608,911 ) 7,348,661 5,604,338 33,260 1,711,063 38 96125 Prospect Lake Park 7,551,769 7,551,769 7,551,769 7,480,847 70,922 96129 Stev Ck Estuary Restor 7,866,057 8,356,327 8,356,327 2,051,080 6,305,247 96137 FDEP Compliance 1,008,000 1,008,000 1,008,000 101,844 32,057 874,099 96141 Kapok Flood Resolution 19,039,198 18,919,930 18,919,930 18,738,425 82,388 99,117 96142 Myrtle Ave Drainage Imprvmt 11,767,602 11,918,647 (1,245) 11,917,401 11,917,401 0 C 39 96144 Stevensen Crk Impl Projects 10,154,508 11,154,508 14 11,154,522 8,331,678 572,830 2,250,014 40 96149 Storm Sys Expansion 613,319 613,319 613,319 395,302 218,018 96150 Morningside/Meadows Drain 3,463 3,463 3,463 127 3,336 96152 Lake Bellevue Stormwater Imp 2,595,989 2,419,342 134,593 2,553,935 279,873 6,607 2,267,455 41 96154 Alligator Ck Implemt - II 9,930,964 8,056,974 179,906 8,236,880 1,060,150 126,858 7,049,872 42 96158 Transfer Yard Upgrade 440,000 440,000 440,000 78,158 38,226 323,616 96160 Coopers Point Observation Tower 100,000 225,000 225,000 61 ,140 23,691 140,168 96161 Coastal Basin Improvement 625,000 625,000 625,000 18,070 125,097 481,833 96162 Channel Improvements 425,010 425,000 425,000 425,000 96163 Coopers Point 125,000 0 0 0 C 96164 Allen's Creek Improvement Project 625,000 625,000 625,000 625,000 96165 Exotic & Inv Species Control 0 200,000 200,000 124,010 58,580 17,410 Sub-Total 80,979,495 80,499,851 -295,643 80,204,207 56,242,442 1,099,595 22,862,171 Item # 33 37 Attachment number 15 Page 5 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2006 to June 30, 2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1106 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Water System 96721 System R & R-Maintenance 908,360 908,360 908,360 785,660 122,700 96739 Reclaimed Water Dist 42,108,731 42,128,700 35,135 42,163,836 35,852,067 977,260 5,334,508 59 96740 Water SupplylTreatment 5,142,034 5,142,034 5,142,034 3,980,672 241,210 920,152 96741 System R & R-Capitalized 9,008,019 9,210,404 9,210,404 7,007,368 67,469 2,135,567 96742 Line Relocation-Capitalized 11,560,000 10,864,590 (116,453) 10,748,137 5,410,593 24,972 5,312,572 60 96743 Mtr Bkflow Prev Dev/Chang 2,749,182 2,749,182 2,749,182 1,591,712 227 1,157,243 61 96744 System Expansion 1,999,673 1,999,673 1,999,673 1,091,391 908,282 96747 Rain Sensor Rebates 1,819 1,819 1,819 1,819 0 96750 Well Rehabilitation 1,207,598 1,354,379 1 ,354,379 932,550 108,785 313,045 96752 Water Service Lines 3,373,875 3,376,792 3,376,792 2,792,719 397,881 186,192 62 96757 Water Pick up Trucks 122,730 122,730 (43,709) 79,021 53,106 25,915 63 96758 Fluoride in Water System 289,780 289,780 289,780 78,028 85,043 126,709 96759 Water Main Ph 15-16-17 2,500,000 2,500,000 2,500,000 2,121,408 333,687 44,905 96760 Elevated Water Tanks Upgrade 2,958,600 2,958,600 2,958,600 1,990,524 200,428 767,648 64 96761 Telemetry for Wells 565,000 565,000 565,000 88,757 34,542 441,701 96763 Wellfield Expansion 1,791,860 1,791,860 1,791,860 162,757 212,470 1,416,633 65 96764 RO Plant Exp Res #1 1,094,640 1,094,640 1,094,640 235,442 185,913 673,285 96765 Water Meter Testing Equipment 47,100 28,985 28,985 28,985 0 C 96766 Water Quality Monitoring Devices 600,000 600,000 600,000 8,255 591,745 96767 RO Plant Exp Res #2 1,335,780 1,335,780 1,335,780 39,876 516,040 779,864 96768 Rebate-Well, Pond Irr Aband 0 50,000 50,000 240 49,760 Sub-Total 89,364,781 89,073,309 -125,027 88,948,283 64,253,930 3,385,926 21,308,426 Sewer System 96611 Bio-Solids Treatment 10,976,201 11,197,883 11,197,883 6,911,521 277,957 4,008,405 96613 NE Filter/Marshall Blow MCC 2,847,460 2,894,812 2,894,812 2,837,184 57,628 0 51 96615 Odor Control 520,000 714,746 714,746 180,115 512,632 22,000 96616 WWTP Internal Recycle Mod 2,340,331 2,340,331 2,340,331 1,819,987 209,210 311,133 96619 WWTP Generator Replacements 2,178,331 2,178,331 2,178,331 1,344,502 4,290 829,539 52 96620 WWTP Headworks 4,835,000 4,835,000 4,835,000 293,901 67,375 4,473,724 96621 WWTP New Presses 1,760,000 1 ,778,786 1,778,786 34,822 192,478 1,551,486 96622 WWTP Aeration Imp 332,000 332,000 332,000 331,900 100 96623 Nutrient Analyzer 60,000 60,000 (10,003) 49,997 49,997 0 C 53 96624 Liquid Disinfection 0 88,279 88,279 88,279 0 96630 Sanitary Sewer Ext 2,996,294 2,996,294 2,996,294 822,221 2,174,073 96634 San Util Reloc Accmmdtn 3,223,128 3,223,128 3,223,128 2,385,813 3,061 834,254 54 96645 Laboratory Upgrade & R&R 847,399 847,399 847,399 746,961 1,610 98,828 96654 Facilities Upgrade & Improv 1 ,918,869 1,871,517 1,871,517 1,645,449 191 225,877 96664 WPC R & R 8,120,212 8,879,361 29,037 8,908,398 6,988,807 858,936 1,060,655 55 96665 Sanitary Sewer R&R 23,314,018 21,677,846 231,694 21,909,540 13,513,333 1,987,583 6,408,625 56 96670 Poll Stor Tk Remov-WPC 184,576 184,576 184,576 151,591 3,525 29,460 96685 WPC Master Plan Ph III 1,543,030 1,543,030 (29,037) 1,513,993 1,513,993 0 C 57 96686 Pump Station Replacement 12,735,514 12,735,514 12,735,514 8,706,537 400,974 3,628,003 58 Sub-Total 80,732,364 80,378,833 221,691 80,600,525 49,946,734 4,997,629 25,656,161 Gas System 96358 Environmental Remediation 1,786,936 1,786,936 1,786,936 800,448 90,742 895,745 96365 Line Relocation-Pinell Maint 1,716,089 1,716,089 1,716,089 323,254 1,392,835 96367 Gas Meter Change Out-Pin 850,000 820,000 820,000 111,408 708,592 96374 Line Relocation-Pin Capit 2,728,822 2,728,822 8,161 2,736,983 1,494,826 159,421 1,082,737 43 96376 Line Relocation - Pas Maint 330,000 330,000 330,000 330,000 96377 Pinellas New Main / Ser 10,128,769 10,156,118 22,495 10,178,613 8,478,229 1,158 1,699,226 44 96378 Pasco New Mains / Ser 11,181,782 11 ,181 ,782 (2,240,000) 8,941,782 6,516,873 48,751 2,376,158 45 96379 Pasco Gas Mtr Change Out 1,050,000 1,050,000 (860,000) 190,000 2,456 187,544 46 96381 Line Reloc-Pasco-Capital 455,000 455,000 455,000 954 454,046 96382 Gas Inventory - Work mgmt Sys 514,000 842,000 842,000 539,642 302,358 Item # 33 38 Attachment number 15 Page 6 of 6 CAPITAL IMPROVEMENT PROGRAM PROGRAM & STATUS SUMMARY THIRD QUARTER: October 1,2006 to June 30, 2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 10/1106 Prev Qtr Amdmts Budget To Date Encumbr Balance Status Ref Gas System (continued) 96383 Gas Sales Office 250,000 0 0 0 C 96384 Gas Building Renovation 200,000 450,000 (200) 449,800 449,800 47 96385 Gas Main Extensions 0 834,015 834,015 318,851 515,164 Sub-Total 31,191,397 32,350,761 -3,069,544 29,281,218 18,586,940 300,073 10,394,205 Solid Waste 96426 Facility R & R 1,476,752 1,476,752 1,476,752 1,050,445 426,307 96438 Vehicle Acquisition 906,461 906,461 906,461 657,613 248,848 96439 Container Screening Pro 129,290 129,290 (110,458) 18,833 18,833 0 C 48 96440 Improvements to SW Complx 208,785 208,785 208,785 84,680 124,105 96442 SW Vehicle Replacement 869,769 869,769 869,769 544,815 324,954 96443 Res Container Acquisition-II 607,283 607,283 34,458 641,741 344,009 10,085 287,646 49 96444 Comm Container Acquisition-II 1,144,020 1,144,020 76,000 1,220,020 625,083 206,239 388,698 50 Sub-Total 5,342,360 5,342,360 0 5,342,360 3,325,478 216,324 1,800,558 Utility Miscellaneous 96516 Citywide Aerial Photo 171,666 171,666 171,666 149,533 22,134 96521 PW Infra Mgmt System 1,543,510 1,318,260 1,318,260 1,238,171 80,089 96523 Pub Utilities Adm Bldg R&R 209,054 209,054 209,054 152,850 56,204 Sub-Total 1,924,230 1,698,980 0 1,698,980 1,540,554 0 158,427 Recycling 96804 Recycling CartslDumpsters 671,925 671 ,925 671 ,925 327,364 16,525 328,036 96805 Recyc Expan/Prom/R&R 987,923 987,923 987,923 603,582 6,000 378,340 96806 Recycling Equip Replac 2,107,037 2,107,037 2,107,037 1,497,182 609,855 96807 Recycling Van Acquisition 151,000 151,000 151,000 146,600 4,400 Sub-Total 3,917,885 3,917,885 0 3,917,885 2,574,728 22,525 1,320,632 534,019,819 531,024,923 5,086,545 536,111,468 354,733,306 44,886,748 136,491,414 Item # 33 39 Increase/ Amdmt Project (Decrease) Number Number Amount Planning Programs 1 99144 Planning Programs Total: Public Safety Programs 2 99271 3 99272 4 99283 5 99284 6 99299 7 99317 8 99329 250,000 250,000 103,971 99,999 583 30,000 782 5,329 41,909 Special Program Fund Third Quarter Budget Amendments October 1,2006 - June 30, 2007 Intrafund Transfer Amount Description Boos Development Mitigation - Establish a new project in the amount of $250,000.00 representing developer contributions from Boos Development to provide neighborhood improvements to the area bound by Gulf-to- Bay and Druid Road, and Phoenix Avenenue and Keene Road. FY2007 JAG Equipment Grant - Establish a $103,971.00 budget representing a U.S. Department of Justice/Bureau of Justice Assistance grant which will be used to purchase consoles for equipment in police cruisers, two digital voice recorders for use in vice and narcotics, and eleven laser/radars for use by the traffic enforcement team. This grant was approved by the City Council on September 6, 2007. BZPP 2005 Grant - Establish a $99,999.27 budget representing a Department of Homeland Security grant for the "Buffer Zone Protection Program" from the Florida Department of Law Enforcement to purchase a variety of emergency equipment and an Emergency Services Logistics Unit. Approved byt the City Council on July 19, 2007. Justice Assistance Grant FY05 - 07 - Record a $582.90 budget increase representing interest earnings to match budgeted revenues with actual revenues received. Beach Walk Police Aides - To record a budget increase of $30,000 in General Fund revenues to provide additional funding for the police aide program to provide traffic control during the construction of Beach Walk. Justice Assistance Grant - Record a $781.65 budget increase in interest earnings to match budgeted revenues with actual revenues received. Police Education Fund - Record a $5,328.79 budget increase in Police Education Fines to match budgeted revenues with actual revenues received. Investigative Recovery Costs - Record a $41,909.19 budget increase in court forfeiture fees to match budgeted revenues with actual revenues received. 40 Attachment number 16 Page 1 of 7 Net Budget Amendment 250,000 250,000 103,971 99,999 583 30,000 782 5,329 41,909 Item # 33 Attachment number 16 Page 2 of 7 Special Program Fund Third Quarter Budget Amendments Increase/ October 1, 2006 - June 30, 2007 Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Florida Contraband Forfeiture - Record a net budget decrease of $134,774.45 representing (1) a $65.225.55 increase in court forfeiture fees to match budget revenues with actual revenues received offset by (2) a $200,000.00 transfer to 181-99331 9 99330 65,226 (200,000) Special Law Enforcement Trust Fund. (134,774) Law Enforcement Trust Fund - Record $200,000.00 budget and actual transfers from 181-99330 Florida Contraband Forfeiture. $100,000.00 will be used for Safe Neighborhood category, $50,000.00 for the Technical Equipment category, and $50,000.00 for match funding for Federal 10 99331 200,000 Grants. 200,000 Vehicle Replacement Fund - Record a budget transfer of $5,700.00 from project 181- 99908, Outside Duty Program. This represents the additional $10.00 charge per each Outside Duty job that requires a police vehicle. The Vehicle Replacement prject was established to set aside money for the replacement of vehicles for the Police 11 99350 5,700 Department's Take Home Car Plan. 5,700 Safe Neighborhood Program. Record a budget transfer of $55,000.00 from project 181-99947, Safe Neighborhood TV Specialist. The Safe Neighborhood TV Specialist program utilizes community outreach with its monthly television program and internet capabilities to promote a Safe 12 99356 (55,000) Neighborhood. (55,000) Federal Forfeiture Sharing - Record a $15,183.23 budget increase in federal forfeiture revenue from the Department of Justice to match budgeted revenues with 13 99387 15,183 actual revenues received. 15,183 Safe Neighborhood TV Specialist - Record a $55,000.00 transfer to project 181-99356, Safe Neighborhood Program. The Safe Neighborhood TV Specialist program utilizes community outreach with its monthly television program and internet capabilities to 14 99947 55,000 promote a Safe Neighborhood. 55,000 Public Safety Program Totals: 362,982 5,700 368,682 Community Development Public Facilities & Improvements 2004 - To record a $46,163.69 budget transfer to 181- 99460 Public Facilities 2007 to roll prior year HUD programs balances forward to the 15 99414 (46,164) current 2007 project. (46,164) 41 Item # 33 Attachment number 16 Page 3 of 7 Special Program Fund Third Quarter Budget Amendments Increase/ October 1, 2006 - June 30, 2007 Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment Public Facilities & Improvements 2005 - To record a $53,448.50 budget transfer to 181- 99460 Public Facilities 2007 to roll prior year HUD programs balances forward to the 16 99424 (53,449) current 2007 project. (53,449) Public Services 2005 - To record a $16,126.60 budget transfer to 181-99459 Public Services 2007 to roll prior year HUD programs balances forward to the current 17 99425 (16,127) 2007 project. (16,127) Public Services 2006 - To record a $7,614.44 budget transfer to 181-99459 Public Services 2007 to roll prior year HUD programs balances forward to the current 18 99451 (7,614) 2007 project. (7,614) Public Facilities 2006 - To record a $172,804.76 budget transfer to 181-99460 Public Facilities 2007 to roll prior year HUD programs balances forward to the current 19 99452 (172,805) 2007 project. (172,805) Economic Development 2006 - To record a $219,324.56 budget reduction reflecting a $185,974.95 budget transfer to 181-99461 Economic Development 2007 to roll prior year HUD programs balances forward to the current 2007 project. Also the amendment reflects a $33,349.61 budget reduction in program income that should have remained in fund 687 Economic Development as a 20 99453 (33,350) (185,975) "revolving fund". (219,325) Housing Rehab 2006 - To record a $559,761.00 budget reduction representing $259,836.97 budget transfer to 181-99462 Housing Rehab 2007 to roll prior year HUD programs balances forward to the current 2007 project. An additional amendment reflects a budget decrease of program income in the amount of $299,924.03 for fiscal year 2004 and 2005 for funds which should have remained in Rehab Loan fund 21 99454 (299,924) (259,837) 686 as a "Revolving fund". (559,761 ) Program Administration 2006 - To record a $226,187.79 budget transfer to 181-99463 Program Administration 2007 to roll prior year HUD programs balances forward to the 22 99455 (226,188) current 2007 project. (226,188) Fair Housing 2006 - To record a $19,542.13 budget transfer to 181-99464 Fair Housing 2007 to roll prior year HUD programs 23 99456 (19,542) balances forward to the current 2007 project. (19,542) 42 Item # 33 Attachment number 16 Page 4 of 7 Special Program Fund Third Quarter Budget Amendments Increase/ October 1, 2006 - June 30, 2007 Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment RelocationlDemolition 2006 - To record a $90,889.31 budget transfer to 181-99465 RelocationlDemolition 2007 to roll prior year HUD programs balances forward to the 24 99457 (90,889) current 2007 project. (90,889) Infill Housing 2006 - To record a $453,802.36 budget reduction reflecting a $341,534.79 budget transfer to 181-99466 Infill Housing 2007 to roll prior year HUD programs balances forward to the current 2007 project. Budget amendments also reflect a $112,267.57 budget decrease in program income that should have remained 25 99458 (112,268) (341,535) in fund 687 Economic Development as a (453,802) Public Services 2007 - To record a $23,741.04 budget increase reflecting a $16,126.60 from 181-99425 Public Services FY2005 and $7,614.44 from 181-99451 Public Services FY 2006 to roll prior year HUD programs balances forward to the 26 99459 23,741 current 2007 project. 23,741 Public Facilities 2007 - To record a net budget increase of $272,416.95 reflecting budget transfers of $53,448.50 from 181- 99424 Public Facilities FY2005 and $172,804.76 from 181-99452 Public Facilities FY 2006 and $46,163.69 from 181- 99414 Public Facilities 2004 to roll prior year HUD programs balances forward to the 27 99460 272,417 current 2007 project. 272,417 Economic Development 2007 - To record a $185,974.95 budget increase reflecting a budget transfer from 181-99453 Economic Development 2006 to roll prior year HUD programs balances forward to the current 28 99461 185,975 2007 project. 185,975 Housing Rehab 2007 - To record a $259,836.97 budget increase reflecting a budget transfer from 181-99454 Housing Rehab 2006 to roll prior year HUD programs 29 99462 259,837 balances forward to the current 2007 project. 259,837 Program Administration 2007 - To record a $226,187.79 budget increase reflecting a budget transfer from 181-99455 Program Administration 2006 to roll prior year HUD programs balances forward to the current 30 99463 226,188 2007 project. 226,188 Fair Housing 2007 - To record a $19,542.13 budget increase reflecting a budget transfer from 181-99456 Fair Housing 2006 to roll prior year HUD programs balances forward to 31 99464 19,542 the current 2007 project. 19,542 43 Item # 33 Attachment number 16 Page 5 of 7 Amdmt Number Increase/ Project (Decrease) Number Amount Special Program Fund Third Quarter Budget Amendments October 1,2006 - June 30, 2007 Intrafund Transfer Amount Description Net Budget Amendment 32 99465 RelocationlDemolition 2007 - To record a $90,889.31 budget increase reflecting a budget transfer from 181-99457 RelocationlDemolition 2006 to roll prior year HUD programs balances forward to the current 2007 project. 90,889 90,889 33 99466 Community Development Totals: Infill Housing 2007 - To record a $341,534.79 budget increase representing transfer from 181-99458 Infill Housing 2006 to roll prior year HUD programs balances forward to the current 2007 project. 341,535 341,535 (445,541 ) o (445,541 ) Marine: Beach Guard Donations - Record a $8,290.00 budget increase in donations to match budgeted revenues with actual 34 99707 8,290 revenues received. 8,290 Marine Programs Total: 8,290 8,290 Miscellaneous Programs: Brownfield Revolving Loan - Record a $700,000.00 budget increase reflecting an additional $700,000.00 funding from the U.S. Environmental Protection Agency to provide a source of funds in the form of low cost or no- interest loans for environmental cleanups at 35 99802 700,000 contaminated Brownfields sites. 700,000 City Manager's Flexibility Fund - Record a $248.16 budget increase representing funds reimbursed from othere municipalities for expenditures related to the March 15, 2007 mediation meeting to match budgeted 36 99804 248 revenues with actual revenues received. 248 United Way 2002 - To record a budget transfer of $79.61 budget to the current project 181-99844, United Way, to close this 37 99827 (80) project. (80) United Way - To record a budget transfer of $79.61 from project 181-99822, United Way 38 99844 80 2002, to close that project. 80 Special Events YR 07-08 - To record a net budget increase of $332,444.40 representing $220,547.38 in sales revenues from special events, $78,653.57 in sponsorship revenue, $600.00 in memberships registrations, $928.25 in donations, and $31,715.20 in rentals to match budgeted revenues with 39 99851 332,444 actual revenues received. 332,444 44 Item # 33 Attachment number 16 Page 6 of 7 Special Program Fund Third Quarter Budget Amendments Increase! October 1, 2006 - June 30, 2007 Amdmt Project (Decrease) Intrafund Net Budget Number Number Amount Transfer Amount Description Amendment State Brownfield Redevelopment - To record a budget increase of $1,114.28 in interest earnings to match budgeted revenues 40 99871 1,114 with actual revenues received. 1,114 Building Code Enforcement Surplus - To establish a new project in the amount of $482,818.00 of General Fund unappropriated earnings representing surplus building code enforcement fees. This project will house the surplus and deficit billing code enforcement revenue which will be carried forward to future years for allowable activities. This was approved by the City Council on August 2, 41 99877 482,818 2007. 482,818 Teen Club - To record a $33.00 budget increase in donations to match budgeted 42 99889 33 revenues with actual revenues received. 33 JWB - Ross Norton Camp 2006 - To record a $59,923.96 decrease in grant revenue to match budgeted revenues with actual 43 99893 (59,924) revenues and close the project. (59,924) JWB - N. Greenwood Camp - To record a $92,115.49 decrease in grant revenue to match budgeted revenues with actual 44 99894 (92,115) revenues and close the project. (92,115) Fire Department Honor Guard - To record a $220.40 budget increase in donations to match budgeted revenues with actual 45 99898 220 revenues received. 220 GASB Implementation - This is a change in title and scope only to "GASB Implementation" from "GASB 34 Implementation. GASB 34 is complete, but the project will remain open to provide 46 99899 funding to deal with other GASB rulings. Police - Outside Duty - To record a net budget increase of $162,153.50 representing a budget increase of $167,853.50 in contractual services to match budgeted revenues with actual revenues received offset by a $5,700.00 transfers of funds to project 181-99350 Vehicle Replacement Fund. The $5,700.00 will be used to fund replacement 47 99908 167,854 (5,700) Police vehicles. 162,154 Library Special Account - To record a $2,462.33 budget increase in donations to match budgeted revenues with actual 48 99910 2,462 revenues received. 2,462 45 Item # 33 Amdmt Number Increase! Project (Decrease) Number Amount 49 99925 50 99962 51 99970 Miscellaneous Programs Total: 19,500 2,642 5,424 1,562,721 Special Program Fund Third Quarter Budget Amendments October 1,2006 - June 30, 2007 Intrafund Transfer Amount Description Peg Access Support - To record a $19,500.00 budget increase in donations representing Knology's annual contribution for peg access support to match budgeted revenues with actual revenues received. Parks & Recreation Specified & Gift Program - To record a $2,642.00 budget increase in donations to match budgeted revenues with actual revenues received. Tree Replacement Program - To record a $5,424.00 budget increase in fines to match budgeted revenues with actual revenues received. (5,700) I Grand Totals: 1,738,451 Attachment number 16 Page 7 of 7 Net Budget Amendment 19,500 2,642 5,424 1,557,021 o 46 1,738,451 Item # 33 Attachment number 17 Page 1 of 3 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1,2006 to June 30,2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2007 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 99144 Boos Development Mitigation 0 0 250,000 250,000 0 0 250,000 Sub-Total 110,050 110,050 250,000 360,050 52,348 0 307,702 PUBLIC SAFETY PROGRAMS 99271 FY 07 JAG Equipment Grant 0 0 103,971 103,971 0 0 103,971 2 99272 BZPP 2005 Grant 0 0 99,999 99,999 0 0 99,999 3 99273 Americorps Clearwater 2007 0 190,512 0 190,512 70,571 0 119,941 99274 Homeless Shelter 07 100,000 121,078 0 121,078 121,078 0 0 99275 Bulletproof Vest Partnership '06 0 14,268 0 14,268 0 0 14,268 99276 Red Light Running Project 0 52,000 0 52,000 49,993 0 2,007 99277 Clearwater Human Trafficking 0 450,000 0 450,000 54,467 0 395,533 99279 Police Recruitments 50,000 50,000 0 50,000 27,440 2,700 19,860 99280 AmeriCorps Clearwater 2006 263,792 263,792 0 263,792 181,051 0 82,741 99281 Fed Forfeitures - Treasury 104,766 120,760 0 120,760 15,771 0 104,989 99282 COPS Technology 2005 246,661 246,661 0 246,661 61,112 142,594 42,955 99283 Justice Assistance Grant FY05-07 102,673 104,854 583 105,437 69,411 0 36,027 4 99284 BeachWalk Police Aides 50,000 50,000 30,000 80,000 36,368 0 43,632 5 99286 COPS 2004 Technology 692,634 692,634 0 692,634 241,329 449,686 1,619 99289 Downtown Ambassadors 3,000 3,000 0 3,000 0 0 3,000 99290 Traffic Safety 1,841 1,841 0 1,841 1,277 0 564 99299 Justice Assistance Grant FY07-08 66,807 68,305 782 69,086 0 0 69,086 6 99310 K-9 Equipment 26,758 26,758 0 26,758 25,293 0 1,465 99316 Police Volunteers 74,500 100,500 0 100,500 76,572 0 23,928 99317 Police Education Fund 973,957 999,000 5,329 1,004,328 914,678 6,211 83,439 7 99325 Citizen's Police Academy 34,113 34,113 0 34,113 28,333 0 5,780 99329 Investigative Recovery Costs 1,365,822 1,480,651 41,909 1,522,560 990,019 20,000 512,541 8 99330 FL Contraband Forfeiture Fnd 617,529 846,882 -134,774 712,108 478,434 0 233,674 9 99331 Law Enforcement Trust FD '91 2,181,753 2,072,108 200,000 2,272,108 1,985,370 7,361 279,377 10 99332 Officer Friendly Program 138,021 149,230 0 149,230 141,288 28 7,914 99350 Vehicle Replacement Fund 57,990 71,810 5,700 77,510 0 0 77,510 11 99353 DUI Education 3,000 3,000 0 3,000 1,420 0 1,580 99356 Safe Neighborhood Program 261,645 286,645 -55,000 231,645 185,397 0 46,248 12 99363 DUI Equipment Fund 19,000 19,000 0 19,000 18,889 0 111 99364 Crime Prevention Program 21,620 22,620 0 22,620 12,109 0 10,511 99387 Federal Forfeiture Sharing 535,816 623,043 15,183 638,226 339,978 0 298,248 13 99938 Homeless Shelter 1,159,280 1,159,280 0 1,159,280 1,159,280 0 0 C 99947 Safe Neighborhood TV Specialist 478,647 478,648 55,000 533,648 455,356 0 78,292 14 0 9,631,625 10,802,992 368,682 11,067,703 7,742,284 628,580 2,696,838 COMMUNITY DEVELOPMENT 99414 Public Fac & Imprvmts 2004 814,726 814,726 -46,164 768,562 768,562 0 0 15 99421 Housing Consulting Service 115,000 115,000 0 115,000 49,036 0 65,964 99424 Public Fac & Imprvmts 2005 302,848 302,848 -53,449 249,400 249,400 0 0 16 99425 Public Svces 2005 171,449 171,449 -16,127 155,322 155,323 0 0 17 99451 Public Services 2006 169,611 169,611 -7,614 161,997 161,997 0 0 18 99452 Public Facilities 2006 476,555 476,555 -172,805 303,750 303,750 0 0 19 99453 Economic Development 2006 256,342 256,342 -219,325 37,017 37,017 0 0 20 99454 Housing Rehab 2006 761,079 761,079 -559,761 201,318 101,318 0 100,000 21 99455 Program Administration 2006 421,214 421,214 -226,188 195,026 195,026 0 0 22 99456 Fair Housing 2006 34,410 34,410 -19,542 14,868 14,868 0 0 23 99457 Relocation /Demolition 2006 96,889 96,889 -90,889 6,000 6,000 0 0 24 99458 Infill Housing 2006 668,260 668,260 -453,802 214,458 214,458 0 0 25 99459 Public Services 2007 165,421 165,421 23,741 189,162 63,123 102,298 23,741 26 99460 Public Facilities 2007 341,421 341,421 272,417 613,837 17,352 75,342 521,144 27 99461 Economic Development 2007 30,000 30,000 185,975 215,975 20,208 0 195,767 28 99462 Housing Rehab 2007 150,000 150,000 259,837 409,837 -9,256 0 419,093 29 99463 Program Administration 2007 193,896 193,896 226,188 420,084 127,143 0 292,941 30 99464 Fair Housing 2007 23,742 23,742 19,542 43,284 3,383 20,359 19,542 31 47 Item # 33 Attachment number 17 Page 2 of 3 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1,2006 to June 30,2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2007 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99465 Reloc/Demolition 2007 50,000 50,000 90,889 140,890 5,978 0 134,911 32 99466 Infill Housing 2007 15,000 15,000 341,535 356,535 -22,995 0 379,530 33 Sub-Total 5,257,862 5,257,863 445,541 4,812,322 2,461,689 197,999 2,152,635 SOCIAL SERVICES 99538 Affordable Housing Imp Fees 534,683 551,061 0 551,061 132,236 0 418,824 99562 HUD Special Education 30,000 30,000 0 30,000 26,000 0 4,000 Sub-Total 564,683 581,061 0 581,061 158,236 0 422,824 MARINE 99704 Sembler Mitigation Project 566,103 586,992 0 586,992 106,606 33,761 446,626 99707 Beach Guard Donations 50,618 55,623 8,290 63,913 49,020 0 14,893 34 Sub-Total 616,721 642,616 8,290 650,906 155,626 33,761 461,519 MISCELLANEOUS PROGRAMS 99802 Brownfield Revolving Loan 500,000 500,000 700,000 1,200,000 129,198 6,311 1,064,491 35 99804 City Manager's Flexibility Fund 667,332 670,990 248 671,238 493,511 1,260 176,466 36 99822 JWB - Ross Norton Teen 2001 171,933 210,314 0 210,314 200,178 0 10,136 99827 United Way 2002 1,500 1,500 -80 1,420 1,420 0 0 C 37 99830 Clw Pedestrian/Bicycle Coordinator 135,108 130,405 0 130,405 130,405 0 0 C 99834 Neighborhood Services Grants 125,000 125,000 0 125,000 90,512 0 34,488 99835 JWB - Programmer N Greenwood 123,549 163,464 0 163,464 154,315 0 9,149 99837 Federal EPA Assessment 400,000 400,000 0 400,000 360,567 35,102 4,331 99838 Special Events FY 03-04 3,877,000 4,140,955 0 4,140,955 4,140,955 0 0 C 99843 Mgt Training Initiatives 721,547 721,547 0 721,547 326,653 0 394,894 99844 United Way 4,500 4,500 80 4,580 1,539 0 3,041 38 99845 Assistance to Firefighters Grt Prog 418,925 418,925 0 418,925 325,364 0 93,561 99846 Economic Development - QTI 72,970 72,360 0 72,360 21,150 0 51,210 99847 JWB - Wood Valley Teens 66,451 100,746 0 100,746 88,913 0 11,833 99850 Performing Art Center 300,000 300,000 0 300,000 225,000 75,000 0 99851 Special Events FY07-08 80,000 936,081 332,444 1,268,526 1,126,281 38,250 103,994 39 99852 JWB - N. Greenwood Camp 2007 0 100,993 0 100,993 15,350 0 85,643 99853 JWB - Ross Norton Camp 2007 0 48,441 0 48,441 5,609 0 42,832 99870 Drive Cam Driver 15,000 15,000 0 15,000 14,900 95 5 99871 State Brownfields Redevelopment Ace 147,105 150,135 1,114 151,249 52,764 1,126 97,359 40 99877 Building Code Enforcement Surplus 0 0 482,818 482,818 0 0 482,818 41 99879 Youth Engagement Initiatives 0 1,000 0 1,000 1,000 0 0 99883 JWB Ross Norton Camp 2006 29,148 18,858 0 18,858 18,858 0 0 C 99884 JWB N Greenwood Camp 2006 81,907 63,745 0 63,745 63,745 0 0 C 99885 Clearwater Auto Site 350,000 350,000 0 350,000 350,000 0 0 99889 Teen Club 1,916 2,077 33 2,110 890 0 1,221 42 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 Pine lias County Recycling 118,747 59,318 0 59,318 59,318 0 0 C 99893 JWB - N. Greenwood Teen 2005 111,648 111,648 -59,924 51,724 51,724 0 0 C 43 99894 JWB - Ross Norton Teen 2005 114,907 114,907 -92,115 22,792 22,792 0 0 C 44 99898 Fire Dept Honor Guard 7,525 8,425 220 8,645 6,973 0 1,673 45 99899 GASB 34 Implementation 238,000 238,000 0 238,000 59,238 750 178,012 99908 Police - Outside Duty 3,163,855 3,494,124 162,154 3,656,278 3,682,279 0 -26,002 47 99910 Library Special Account 479,503 519,303 2,462 521,766 406,136 0 115,630 48 99919 Waste Tire Grant 364,607 364,607 0 364,607 364,607 0 0 C 99925 Peg Access Support 729,898 760,261 19,500 779,761 669,684 0 110,077 49 99927 Emergency Operation 4,125,098 4,125,098 0 4,125,098 2,660,144 19,730 1,445,223 99928 Nagano Sister City Program 69,329 69,329 0 69,329 69,328 0 1 99939 Brownfield - Federal EPA 500,000 500,000 0 500,000 500,000 0 0 C 99950 IDB Fees 54,131 54,131 0 54,131 32,830 0 21,301 99962 P&R Specified & Gift Program 1,266,056 1,316,963 2,642 1,319,605 1,312,007 0 7,598 50 99963 Economic Devopmt Incentive 193,558 52,607 0 52,608 52,608 0 0 C 99966 Integrated Disability Mgmt Assess 80,000 80,000 0 80,000 40,000 0 40,000 99968 Cleveland Street Maintenance 59,000 38,810 0 38,810 38,810 0 0 C 99970 Tree Replacement Project 733,228 786,748 5,424 792,172 576,444 2,392 213,335 51 99978 Mainstreet Program 12,954 0 0 0 0 0 0 C 99979 Historical Facade Program 161,386 86,074 0 86,074 86,074 0 0 C 48 Item # 33 Attachment number 17 Page 3 of 3 SPECIAL PROGRAM STATUS SUMMARY THIRD QUARTER REVIEW: October 1,2006 to June 30,2007 Actual Expenditures Budget Amended Revised Project Open Available Amend Description 2007 Prev Qtr Amdmt Budget To Date Encumbr Balance Status Ref 99982 EMS Incentive/Recognition 41,125 45,175 0 45,175 33,377 0 11,798 99983 Local Mitigation Strategy 50,000 50,000 0 50,000 44,718 0 5,282 99986 Mediterranean Village 532,224 272,686 0 272,687 272,687 0 0 C 99988 Increment Revenue -IMR 302,401 0 0 0 0 0 0 C 99995 Water Conservation Devices 100,000 100,000 0 100,000 84,953 0 15,047 99997 Main Library Field Trust Fund 115,571 115,571 0 115,571 0 0 115,571 99998 Safety Village 26,141 26,166 0 26,166 21,716 0 4,450 Sub-Total 22,104,865 23,100,071 1,557,021 24,657,092 19,537,524 180,017 4,939,548 TOTAL ALL PROJECTS 38,285,804 40,494,654 1 ,738,451 42,129,134 30,107,709 1,040,356 10,981,064 49 Item # 33 Attachment number 18 Page 1 of 1 City of Clearwater Special Revenue Funds Third Quarter Amendments FY 2006/07 Increase/ (Decrease) Special Development Fund Revenues: Ad Valorem Taxes 18,410 Interest Earnings 610,000 Transportation Impact Fees 385,000 Local Option Gas Tax 90,000 Appropriation of Designated Reserves 4,804,000 Transfers in from Capital Improvement Fund 38,793 Total Revenues 5,946,203 Expenditures: Transfers to the Capital Improvement Fund 4,804,000 Total Expenditures $4,804,000 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 for road millage. Interest income reflects an increase of approximately $600,000 at third quarter. Cash pool interest earnings are better than anticipated due to positive economic trends, particularly in the first nine months of the fiscal year. The budget amendment reflects an increase in transportation impact fees based upon actual receipts from development to date. The budget amendment reflects an increase of anticipated receipts based upon the distribution under the new interlocal agreement that is effective August 2007. Budget amendments to the Capital Improvement Fund reflect the allocation of designated reserves for the following: 1) $4,686,000 of Penny for Pinellas funds are transferred to project 315-92259, Traffic Calming, as approved by the City Council on August 14, 2007; and 2) $118,000 or recreation facility impact fees are transferred to 315-93264, Enterprise Dog Park, wh ich was also approved by the City Council on August 14, 2007. Budget amendments reflect the return of $3,492 of transportation impact fees from capital improvement project 315-92262, S. R. 60 Corridor Beautification, and $35,301.23 of Penny for Pinellas funds from project 315 94617, Fire Stations/MSB Generators. Budget amendments to the Special Development Fund at third quarter reflect to budget transfers to capital projects: 1) $4,686,000 of Penny for Pinellas funds are transferred to project 315-92259, Traffic Calming, as approved by the City Council on August 14, 2007; and 2) $118,000 or recreation facility impact fees are transferred to 315-93264, Enterprise Dog Park, wh ich was also approved by the City Council on August 14, 2007. 50 Item # 33 Attachment number 19 Page 1 of 2 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2006 - June 30, 2007 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2006107 2006107 2006107 2006107 Amendments SPECIAL DEVELOPMENT FUND Revenues: Ad Valorem Taxes 3,033,030 3,033,030 3,033,030 3,051,440 18,410 Infrastructure Tax 10,873,000 10,873,000 10,873,000 10,873,000 County Reimbursement - Fire Tax 0 0 0 0 Interest Earnings 390,000 390,000 390,000 1,000,000 610,000 Fee in lieu of Drainage 0 0 0 0 Fee in lieu of Parking 0 0 0 0 Fee in lieu of Sidewalks 0 0 0 0 Open Space Fees 150,000 150,000 150,000 150,000 Recreation Facility Impact Fees 50,000 50,000 50,000 50,000 Recreation Land Impact Fees 165,000 451,000 451,000 451,000 Transportation Impact 299,710 442,710 442,710 827,710 385,000 Local Option Gas Tax 945,690 945,690 945,690 1,035,690 90,000 Appropriation of Designated Reserves 16,490 16,490 16,490 4,820,490 4,804,000 Appropriation of Undesignated Reserves 0 0 0 0 Transfer-In from Capital Improvement Plan 0 859,637 859,637 898,430 38,793 15,922,920 17,211,557 17,211,557 23,157,760 5,946,203 Expenditures: Transfer to Capital Improvement Fund Road Millage 3,033,030 3,033,030 3,033,030 3,033,030 Infrastructure Tax 4,050,000 4,450,000 4,450,000 9,136,000 4,686,000 Transportation Impact Fees 290,000 343,945 343,945 343,945 Open Space Impact fees 0 0 0 0 Recreation Facility Impact fees 0 0 0 0 Recreation Land Impact fees 0 0 0 0 Recreation Facility Impact fees 118,000 118,000 Local Option Gas Tax 962,180 962,180 962,180 962,180 Undesignated Special Development Fund 0 0 0 0 Transfer to Special Program Fund 0 0 0 0 Debt Service on Penny for Pinellas Bonds 6,871 ,490 6,871 ,490 6,871 ,490 6,871 ,490 15,206,700 15,660,645 15,660,645 20,464,645 4,804,000 Item # 33 51 Attachment number 19 Page 2 of 2 SPECIAL REVENUE FUNDS Third Quarter: October 1, 2006 - June 30, 2007 Original First Quarter Mid Year Third Quarter Budget Amended Budget Amended Budget Amended Budget 2006107 2006107 2006107 2006107 Amendments SPECIAL PROGRAM FUND Revenues: CDBG/Home Funds 1 ,713,330 1,713,330 1,713,330 1,267,789 (445,541 ) Grant Funds 0 926,168 821,626 1,573,558 751,931 Community Redevelopment 0 0 (819,748) (819,748) 0 Police Fines and Court Proceeds 0 334,990 528,494 661 ,565 133,071 Donations 0 143,110 151,079 185,155 34,076 Sales 0 318,800 827,159 1,047,706 220,547 Rentals 0 15,624 181,820 213,535 31,715 Sponsorships 0 69,831 116,416 195,069 78,654 Admissions 0 0 0 0 Mem bershi ps/Reg istrations 0 3,610 5,010 5,610 600 Contractual Services 0 229,882 344,089 511,943 167,854 Contributions - Developer 0 0 0 250,000 250,000 Interest Earnings 150,000 178,177 199,428 201 ,907 2,479 Other General Revenue 0 0 3,658 3,906 248 General Fund 0 (190) (190) 29,810 30,000 Building Code Enforcement 0 0 0 482,818 482,818 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 80,000 80,000 80,000 80,000 Homeless Shelter Program 100,000 100,000 100,000 100,000 Neighborhood Grants 25,000 25,000 25,000 25,000 2,172,830 4,242,833 4,381,672 6,120,124 1,738,451 Expenditures: CDBG/ Home Program 1 ,713,330 1,713,330 1,713,330 1,267,789 (445,541 ) Grant Proceeds 0 0 0 0 Public Safety 0 1,188,510 1,480,557 1,981,613 501,056 Social Services 0 0 16,378 16,378 0 Planning 0 0 0 250,000 250,000 Community Redevelopment 0 0 (819,748) (819,748) 0 Marine 0 23,154 25,894 34,184 8,290 Community Redevelopment 0 0 0 0 Parks & Recreation 205,942 951,572 951,572 0 Sister City Program 3,000 3,000 3,000 3,000 United Way Program Fund 1,500 1,500 1,500 1,500 City Manager's Flexibility Fund 100,000 100,000 103,658 103,906 248 Neighborhood Grants 25,000 25,000 25,000 25,000 Special Event Funding 80,000 477,496 477,496 809,940 332,444 Homeless Shelter Program 100,000 121,078 121,078 121,078 AmeriCorp COPS - Matching Funds 0 0 0 0 Other Miscellaneous Programs 0 233,822 131,956 1,223,910 1,091,954 2,022,830 4,092,833 4,231,672 5,970,123 1,738,451 SPECIAL PROGRAM FUND Revenues: SHIP Funds 1,241,270 1,241,270 1,241,270 1,241,270 Expenditures: SHIP Program 1,241,270 1,241,270 1,241,270 1,241,270 1,241,270 1,241,270 1,241,270 1,241,270 0 PINELLAS COUNTY HOUSING TRUST FUND Revenues: SHIP Funds 0 0 945,000 945,000 Expenditures: SHIP Program 0 0 945,000 945,000 0 0 945,000 945,000 ItAm # ~~ 52 Attachment number 20 Page 1 of 2 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2006/07 In accordance with City of Cleanvater 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: 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. ***** 5/4/07 Administrative Change Order # 4 Rowland, Inc. of Pinellas Park Fl., for the Del Oro Groves RCW System Contract (04-0022-UT). For Repair of existing 36" buried valve. The contracttotal is $4,168,293.11. Del Oro Groves RCW System $0 7/16/07 Administrative Change Order # 1 & Final - Classic Protective Coatings, for the Elevated Water Storage Tank Modifications Project (04-0048-UT) This change order decreases the contract by $20,932 for a new contract total of $1,933,768. Classic Protective Coatings -$20,932.00 8/8/07 Administrative Change Order No. 1 and Final- R. Cobb Construction Company, Inc. for the Crest Lake Park Doggie Days Parking Lot (06-0035-PR) This change order decreases the contract by $10,705.69 for a new contract total of $138,216.28. R Cobb Construction Company, Inc. -$10,705.69 8/14/07 Administrative Change Order #5 and Final- Rowland, Inc. of Pinellas Park Fl., for the Del Oro Groves RCW System Contract (04-0022-UT). This change order decreases the contract by $174,863.35 for a new contract total of $3,993,429.76. Del Oro Groves RCW System -$174,863.35 8/15/07 Administrative Change Order # 1 and Finalfor Volt-Telecommunications Group of Clearwater, FI, for the Water Main Replacement Phases 15,16 & 17 Contract (05-0003-UT) This change order decreases the contract by $176,611.80 for a new contract amount of $1,789,043. 10. Volt-Telecommunications Group -$176,611.80 53 Item # 33 8/28/07 8/30/07 City of Clearwater, Florida ADMINISTRATIVE CHANGE ORDERS Third Quarter Review FY 2006/07 Administrative Change Order No.1 -Keystone Excavators, Inc of Oldsmar, FL, for the Ream Wilson Trail- Long Center Project. Contract (06-0061-PR). The Contract total of $787,270.00. Keystone Excavators Administrative Change Order No. 1 & Final to JVS Contracting, Inc. of Tampa, FL, for the Jack Russell Stadium Demolition Contract (07-0002-PR). The change order decreases the contract by $980.00 for a new contract total of $103,300.00. JVS Contracting, Inc. 54 Attachment number 20 Page 2 of 2 $787,270.00 -$980.00 Item # 33 Attachment number 21 Page 1 of 1 ORDINANCE NO. 7868-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007 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, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, MARINE AND AVIATION FUND, PARKING FUND, HARBORVIEW FUND, GARAGE FUND, AND CENTRAL INSURANCE FUND AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the budget for the fiscal year ending September 30, 2007, for operating purposes, including debt service, was adopted by Ordinance No. 7674-06; and WHEREAS, at the Third Quarter Review it was found that increases and decreases are necessary in the total amount of $12,141,062 for revenues and $10,712,455 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. 7674-06 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate 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 .an amended budget for the operation of the City, 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 Item # 33 55 Ordinance No. 7868-07 Attachment number 22 Page 1 of 2 EXHIBIT A 2006-07 BUDGET REVENUE First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2006/07 2006/07 2006/07 2006/07 Amendment General Fund: Property Taxes 50,277,930 50,277,930 50,277,930 50,641,900 363,970 Franchise Fees 9,050,840 9,050,840 9,050,840 9,197,840 147,000 Utility Taxes 11,514,320 11,514,320 11,514,320 11,336,120 (178,200) Licenses, Permits & Fees 4,046,110 4,046,110 4,156,110 4,810,000 653,890 Sales Tax 6,748,430 6,748,430 6,748,430 6,898,430 150,000 Communications Services Tax 6,549,460 6,549,460 6,549,460 6,829,460 280,000 Intergovernmental Revenues 11,374,130 11,374,130 11,374,130 13,242,690 1,868,560 Charges for Current Services 3,784,020 3,826,540 3,891,540 3,919,780 28,240 Fines & Forfeitures 836,000 836,000 836,000 836,000 Interest Income 719,000 719,000 719,000 1,503,000 784,000 Miscellaneous 1,208,880 1,208,880 1,246,230 1,047,780 (198,450) Interfund Charges/Transfers In 15,793,580 17,341,942 17,341,942 17,501,942 160,000 Transfer from Surplus 0 996,023 1,613,023 1,228,481 (384,542) Total, General Fund 121,902,700 124,489,605 125,318,955 128,993,423 3,674,468 Special Revenue Funds: Special Development Fund 15,922,920 17,211,557 17,211,557 23,157,760 5,946,203 Special Program Fund 2,172,830 4,242,833 4,381,673 6,120,124 1,738,451 Local Housing Asst Trust Fund 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270 Pinellas County Housing Trust Fund 0 0 945,000 945,000 Utility & Other Enterprise Funds: Water & Sewer Fund 54,340,550 54,340,550 54,340,550 54,846,537 505,987 Stormwater Utility Fund 12,551,970 12,711,540 12,711,540 13,026,039 314,499 Solid Waste Fund 18,475,210 20,956,193 20,956,193 21,684,693 728,500 Gas Fund 50,206,760 51,630,580 50,295,720 49,317,440 (978,280) Recycling Fund 2,685,700 2,685,700 2,768,971 3,190,771 421,800 Marine and Aviation Fund 3,945,720 4,056,095 5,256,095 4,768,575 (487,520) Parking Fund 4,891,660 5,079,460 5,079,460 5,094,960 15,500 Harborview Center Fund 706,040 706,040 706,040 718,040 12,000 Internal Service Funds: Administrative Services Fund 9,703,270 9,703,270 9,703,270 9,703,270 General Services Fund 4,202,510 4,202,510 4,202,510 4,202,510 Garage Fund 12,339,640 12,339,640 12,339,640 12,175,910 (163,730) Central Insurance Fund 22,388,660 24,824,660 24,824,660 25,237,844 413,184 Total, All Funds 337,677 ,41 0 350,421,503 352,283,104 364,424,166 12,141,062 56 Ordiltem #/tf3~7 Attachment number 22 Page 2 of 2 EXHIBIT A (Continued) 2006-07 BUDGET EXPENDITURES First Third Quarter Mid Year Quarter Original Amended Amended Amended Budget Budget Budget Budget Budget 2006/07 2006/07 2006/07 2006/07 Amendment General Fund: City Council 288,860 294,810 294,810 294,810 City Manager's Office 1,269,520 1,262,950 1,153,950 1,153,950 City Attorney's Office 1,616,370 1,609,080 1,609,080 1,609,080 City Audit 156,500 155,550 155,550 158,050 2,500 Development & Neighborhood Svcs 4,136,700 4,116,740 4,226,740 4,174,168 (52,572) Economic Development & Housing S 1,457,130 1 ,454,400 1,454,400 1,454,400 Equity Services 343,110 341 ,430 341 ,430 341 ,430 Finance 2,200,540 2,188,480 2,188,480 2,185,980 (2,500) Fire 22,734,580 22,627,830 22,811,330 24,045,792 1,234,462 Human Resources 1,333,630 1,327,990 1 ,267,990 1 ,267,990 Library 6,611,820 6,636,810 6,636,810 6,636,810 Marine & Aviation 731,890 1,189,660 1,251,660 1,251,660 Non-Departmental 6,506,570 9,034,585 9,689,585 11,212,403 1,522,818 Office of Management & Budget 333,310 331,230 316,730 316,730 Official Records & Legislative Svcs 1,359,070 1,354,350 1,354,350 1,354,350 Parks & Recreation 22,273,410 22,204,950 22,138,430 22,138,430 Planning 1,445,380 1,437,270 1,437,270 1,437,270 Police 35,630,590 35,495,720 35,495,720 36,465,480 969,760 Public Communications 1,055,510 1,051,200 1,120,070 1,120,070 Public Works Administration 10,418,210 10,374,570 10,374,570 10,374,570 Total, General Fund 121,902,700 124,489,605 125,318,955 128,993,423 3,674,468 Special Revenue Funds: Special Development Fund 15,206,700 15,660,645 15,660,645 20,464,645 4,804,000 Special Program Fund 2,022,830 4,092,833 4,231,673 5,970,123 1,738,451 Local Housing Asst Trust Fund 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270 1 ,241 ,270 Pinellas County Housing Trust Fund 0 0 945,000 945,000 Utility & Other Enterprise Funds: Water & Sewer Fund 53,874,170 53,874,170 53,909,170 54,415,157 505,987 Stormwater Utility Fund 12,124,450 12,711,540 12,711,540 13,026,039 314,499 Solid Waste Fund 18,475,210 18,475,210 18,475,210 18,916,230 441 ,020 Gas Fund 48,613,190 50,033,010 48,648,310 47,929,950 (718,360) Recycling Fund 2,677 ,450 2,677,450 2,677 ,450 2,996,070 318,620 Marine and Aviation Fund 3,708,200 3,708,200 4,908,200 4,628,200 (280,000) Parking Fund 4,113,090 4,238,600 4,238,600 4,254,100 15,500 Harborview Center Fund 706,040 706,040 706,040 718,040 12,000 Internal Service Funds: Administrative Services Fund 9,703,270 9,703,270 9,703,270 9,703,270 General Services Fund 4,202,510 4,202,510 4,202,510 4,202,510 Garage Fund 12,305,160 12,305,160 12,305,160 12,141,430 (163,730) Central Insurance Fund 22,388,660 22,388,660 22,388,660 22,438,660 50,000 Total, All Funds 333,264,900 340,508,173 342,271,663 352,984,117 10,712,455 57 Ordiltem #/tf3~7 Attachment number 23 Page 1 of 1 ORDINANCE NO. 7869-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2007, TO REFLECT A NET INCREASE OF $5,086,545 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30,2007 was adopted by Ordinance No. 7675-06; 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. 7675-06 is amended to read: Pursuant to the Third Quarter Amended Capital Improvement Program Report and Estimated Budget 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 Third Quarter Amended 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 58 Item # 33 Ordinance #7869-07 Attachment number 24 Page 1 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/07 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2006/07 2006/07 2006/07 2006/07 Amdmnts Police Protection 400,000 400,000 400,000 400,000 Fire Protection 2,924,150 2,625,198 2,808,698 2,847,837 39,139 New Street Construction 1,150,000 526,498 488,498 432,640 (55,858) Major Street Maintenance 5,062,030 4,800,659 4,744,939 11,613,529 6,868,589 Sidewalks & Bike Trails 0 0 38,000 93,858 55,858 Intersections 423,180 423,180 449,342 469,342 20,000 Parking 300,000 -1 ,497,800 -1 ,497,800 -1 ,497,800 Miscellaneous Engineering 35,000 35,000 8,838 8,838 Park Development 2,638,500 2,906,817 2,839,352 4,045,091 1,205,739 Marine Facilities 665,000 523,500 573,500 584,273 1 0,773 Airpark Facilities 10,000 10,000 10,000 10,000 Libraries 688,630 688,630 688,630 688,630 Garage 3,743,400 3,745,147 3,745,147 3,745,147 Maintenance of Buildings 1,005,000 1,005,000 1,005,000 954,699 (50,301 ) General Public Buildings & Equipment 100,000 1,293,000 1,913,000 1,925,827 12,827 Miscellaneous 1,087,000 899,298 -787,617 -539,316 248,301 Stormwater Utility 7,482,860 7,187,820 7,003,215 6,707,572 (295,643) Gas System 5,750,000 6,909,364 6,909,364 3,839,820 (3,069,544) Solid Waste 430,000 430,000 430,000 430,000 Utilities Miscellaneous 26,000 26,000 -199,250 -199,250 Sewer System 20,517,170 20,066,385 20,163,640 20,385,331 221,691 Water System 8,098,870 7,458,232 7,807,398 7,682,371 (125,027) Recycling 170,000 170,000 170,000 170,000 TOTAL 62,706,790 60,631,927 59,711,894 64,798,439 5,086,545 GENERAL SOURCES: General Operating Revenue 2,335,650 4,362,622 6,201,122 7,658,613 1,457,490 General Revenue/County Co-op 688,630 688,630 688,630 688,630 CRA Revenue 0 0 -1,686,914 -2,127,015 (440,100) Road Millage 3,033,030 3,033,030 3,033,030 3,033,030 Penny for Pinellas 4,450,000 3,790,363 3,790,363 8,441,062 4,650,699 Transportation Impact Fees 290,000 343,945 343,945 340,453 (3,492) Local Option Gas Tax 962,180 962,180 962,180 962,180 Fee in Lieu of Parking 0 -200,000 -200,000 -200,000 Recreation Facility Impact Fee 0 0 0 118,000 118,000 Grants - Other Agencies 575,000 4,907,593 5,592,608 7,725,278 2,132,670 Property Owner's Share 0 -187,660 -187,660 -187,660 Contributions 0 53,076 103,076 103,076 Donations 75,000 75,000 75,000 75,000 Developer Contribution 0 0 2,757,000 2,777,000 20,000 Item # 33 59 Ordinance #7869-07 Attachment number 24 Page 2 of 2 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2006/07 First Qtr Mid Year Third Qtr Original Amended Amended Amended Budget Budget Budget Budget 2006/07 2006/07 2006/07 2006/07 Amdmnts SELF SUPPORTING FUNDS: Marine/Aviation Revenue 160,000 19,625 19,625 19,625 Parking Revenue 300,000 202,200 202,200 202,200 Harbor view Revenue 140,000 140,000 140,000 140,000 Utility System: Water Revenue 1,323,020 1,323,020 1,323,020 1 ,428,125 105,105 Sewer Revenue 675,000 675,000 675,000 1,075,882 400,882 Water Impact Fees 250,000 250,000 250,000 250,000 WaterR&R 470,340 470,340 470,340 470,340 Sewer Impact Fees 1,065,100 1,065,100 1,065,100 1,065,100 Sewer R&R 602,930 602,930 602,930 602,930 Stormwater Utility 1,813,060 2,500,150 2,500,150 2,814,649 314,499 Gas Reven ue 5,830,000 6,128,000 6,128,000 3,028,000 (3,100,000) Solid Waste Revenue 270,000 -2,210,983 -2,210,983 -2,210,983 Recycling Revenue 50,000 50,000 50,000 50,000 Grants - Other Agencies 0 1 ,1 02,447 1,102,447 1,313,220 210,773 Other Governmental 0 504,707 523,493 523,493 Property Owner's Share 0 27,349 27,349 58,005 30,656 Developer Contribution 0 0 202,385 202,385 INTERNAL SERVICE FUNDS: Garage Fund 246,700 246,700 246,700 246,700 Administrative Services Fund 700,000 700,000 700,000 700,000 Central Insurance Fund 0 -2,436,000 -2,436,000 -2,799,184 (363,184) Insurance Claimes - Vehicles 0 1,747 1,747 1,747 BORROWING - GENERAL SOURCES: Lease Purchase - General Fund 1,107,000 1,107,000 1,107,000 957,936 (149,064) Improvement Revenue Bond 0 -1,895,162 -6,495,362 -6,495,362 SELF-SUPPORTING FUNDS: Lease Purchase - Water 31,830 13,715 13,715 -29,994 (43,709) Lease Purchase - Sewer 60,000 60,000 60,000 49,997 (10,003) Lease Purchase - Solid Waste 160,000 160,000 160,000 160,000 Lease Purchase - Recycling 120,000 120,000 120,000 120,000 Future Bond Issue - Parking 0 -1,500,000 -1,500,000 -1,500,000 Bond Issues - Water & Sewer 0 239,158 239,158 0 (239,158) Future Bond Issue - Water & Sewer 24,163,820 24,163,820 24,163,820 24,163,820 Bond Issue - Stormwater 3,075,000 -2,065,105 -2,249,710 -2,249,710 Future Bond Issue - Stormwater 3,794,800 7,148,690 7,148,690 7,148,690 INTERNAL SERVICE FUNDS: Lease Purchase - Garage 3,671,700 3,671,700 3,671,700 3,671,700 Lease Purchase - Administrative Svcs 217,000 217,000 217,000 211,481 (5,519) TOTAL ALL FUNDING SOURCES: 62,706,790 60,631,927 59,711,894 64,798,438 5,0lfWl4~ 33 60 Ordinance #7869-07 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the State of Florida Department of Transportation contract renewal for sweeping State roadways as outlined in the Maintenance Agreement, FIN project 42193917201 and adopt Resolution 07-22. SUMMARY: The maintenance agreement between the Florida Department of Transportation and the City of Clearwater approved by Council on November 2, 2006, for the sweeping of various state roadways in 26 cycles will expire on December 6, 2007. The City of Clearwater Legal Staff has coordinated the scope of services with the FDOT representative. Renewal is subject to the terms and conditions as outlined in the maintenance agreement scope of services, designated sweeping locations, and method of compensation, exhibits A, B, and C respectively. FDOT Standard Agency Format requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). The Public Services Department has the necessary equipment to conform to the MUTCD, i.e.. .. a shadow truck with an attenuator and arrow board. FDOT compensation for services is based on miles of sweeping completed, currently estimated at $40,876.94 annually (at $70.30 per mile). Operating costs to provide these services are approximately $50.00 per mile. 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 Review Approval: 1) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 15 DCD7-MAl.O 5/24/05 Contract No. FIN Project No. 42193917201 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT STANDARD AGENCY FORMAT BY THIS AGREEMENT, made and entered into this _ day of _, 20_, by and Between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTAION, District VII, an Agency of the State of Florida, hereinafter called "Department" and The City of Clearwater, Florida a Municipal Corporation, hereinafter called "Agency", hereby agree as follows: 1. SERVICES AND PERFORMANCE A. In connection with Performing Roadway Sweeping on the Primary Roadway systems within the city limits of Clearwater, Pinellas County, Florida, the Department does hereby retain the Agency to furnish certain services, information and items as described in Exhibit "A", attached hereto and made a part hereof. These services were acquired in compliance with Section 335.055. B. Before any additions or deletions to the work described in Exhibit "A", and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. Where Exhibit "A" calls for the preparation of tracings, plans, specifications, maps, and/or reports these items as well as all data collected, together with summaries and charts derived wherefrom, shall be considered works made for hire and shall become the property of the Department without restriction or limitation on their use and shall be made available, upon request, to the Department at any time. The Agency shall not copyright any material and products or patent any invention developed under this Agreement. The Department will have the right to visit the site for inspection of the work and the drawings of the Agency at any time. Unless changed by written agreement of the parties, said site shall be City of St. Petersburg, Florida, P.O Box 2842 St. Petersburg, FL. 33731-2842 D. All final plans, documents, reports, studies and other data prepared by the Agency will bear the endorsement ofa person in the full employ of the Agency. E. The Department will be entitled at all times to be advised, at its request, as to the status of work being done by the Agency and of the details thereof. Coordination shall be maintained by the Agency with representatives of the Department. 1 Item # 34 Attachment number 1 Page 2 of 15 DCD7-MA1.0 5/24/05 F. All services shall be performed by the Agency to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any maj or changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the Department's District Secretary of District Seven, or his designee. 2. TERM A. Initial Term. This Contract shall begin on the date of execution and shall terminate on Date Listed Below. Subsequent to the execution of the Agreement by both parties, the services to be rendered by the Agency shall commence and be completed in accordance with the option selected below. [X] Services shall commence upon written notice from the Department's Contract Manager and shall be completed by 365 DAYS or date of termination, whichever occurs first. [ ] Services shall commence , 20_, and shall be completed by , 20 or date of termination whichever occurs first. [ ] Other: See Exhibit "A" B. RENEWALS [ ] This Contract may not be renewed. [X] This Contract may be renewed on a yearly basis for a period of up to two years after the initial contract or for a period no longer than the term of the original contract whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. C. EXTENTIONS. In the event that circumstances arise which make performance by the Agency impracticable or impossible within the time allowed or which prevent a new contract from being executed, the Department, in its discretion, may grant an extension of the Agreement. Extension of this Agreement shall be in writing for period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement; provided the Department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established herein. There shall be 2 Item # 34 Attachment number 1 Page 3 of 15 DCD7-MAl.O 5/24/05 only one extension of this Agreement unless the failure to meet the criteria set forth in this Agreement for completion of this Agreement is due to events beyond the control of the Agency. It shall be the responsibility of the Agency to ensure at all times that sufficient time remains in the Project Schedule within which to complete services on the project. In the event there have been delays, which would affect the project completion date, the Agency shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department will review the request and make a determination as to granting all or port of the requested extension. 3. COMPENSATION AND PAYMENT A. The Department agrees to pay the Agency for the herein described services at compensation as detailed in Exhibit "C" attached hereto and made a part hereof. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre audit and post audit thereof. F. Bills for travel expenses specifically authorized shall be submitted and paid in accordance with Section 112.061, Florida Statutes G. The Agency providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H. If a payment is not available within 40 days, a separate interest penalty of .03333 percent per day will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than on (1) dollar will not be enforced unless the Agency requests payment. Invoices, which have to be returned to the Agency because of Agency preparation errors, will result in a delay in the payment. The invoice payment 3 Item # 34 Attachment number 1 Page 4 of 15 DCD7-MAl.O 5/24/05 requirements do not start until a properly completed InVOICe IS provided to the Department. I. A Vender Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 1. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the proj ect, and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. K. 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 Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. This paragraph shall be incorporated verbatim in all contracts of the department which are in an amount in excess of $25,000 and which have a term for a period of more than one year. 4 Item # 34 Attachment number 1 Page 5 of 15 DCD7-MAl.O OS/24/05 4. INDEMNITY AND SURETYSHIP A. INDEMNITY. To the extent provided by law, the Agency shall indemnify, defend, and hold harmless from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, 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, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this agreement, the Department will immediately forward the claim to the Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for this evaluation, settlement negotiations, and trial, if any. However if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. B. LIABILITY INSURANCE [X] No general liability insurance required. [ ] The Agency shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at lease $_ per person and $_each occurrence, and property damage insurance of at least $ each occurrence, for the services to be rendered in accordance with this Agreement. 5 Item # 34 Attachment number 1 Page 6 of 15 DCD7-MAl.O OS/24/05 C. WORKER'S COMPENSATION. The Agency shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. D. CERTIFICATION. With respect to any insurance policy required pursuant to this Agreement, all such policies shall be issued by companies of recognized responsibility and licensed to do business in the State of Florida. The Agency shall provide to the Department certificates showing the required coverage to be in effect and showing the Department to be an additional certificate holder. Such policies shall provide that the insurance is not cancelable except upon thirty (30) days prior written notice to the Department. 5. COMPLIANCE WITH LAWS A. The Agency shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. However, upon receipt of any such public records request, the Agency shall immediately, and before releasing such records, notify the Department's Contract Manager. B. The Agency agrees that prior to issuing any statements, press or publicity releases concerning this Agreement or its subject matter or otherwise disclosing any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, the Agency will notify the Department's Contract Manager. C. The Agency shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Contract. D. If the Agency is licensed by the Department of Professional Regulation to perform the services herein contracted, the Section 337.162, Florida Statutes, applies as follows: (1) If the Department has knowledge or reason to believe that any person has violated the provisions of the state professional licensing laws or rules, it shall submit a complaint about the violations to the Department of Professional Regulation. The complaint shall be confidential. (2) Any person who is employed by the Department and who is licensed by the Department of Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint about the violations to the Department of Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint shall be confidential. 6 Item # 34 Attachment number 1 Page 7 of 15 DCD7-MAl.O OS/24/05 (3) Any confidential information submitted to the Department of Professional Regulation shall remain confidential pursuant to Chapter 455 and applicable state law. E. The Agency covenants and agrees that it and its employees shall be bound by the standards of conduct provided in applicable Florida Statutes and applicable rules of the Board of Professional Regulation as they relate to work performed under this Agreement. The Agency further covenants and agrees that when a former state employee is employed by the Agency, the Agency will require that strict adherence by the former state employee to Florida Statutes 112.313(9) and 112.3185 is a condition of employment for said form state employee. These statutes will by reference be made a part of the Agreement as though set forth in full. The Agency agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement. 6. TERMINATION AND DEFAULT A. This Agreement may be canceled by the Department in whole or in part at any time the interest of the Department requires such termination. The Department also reserves the right to seek termination or cancellation of the Agreement in the event the Agency shall be placed in either voluntary or involuntary bankruptcy. The Department further reserves the right to terminate or cancel the Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the Agency only by mutual consent of both parties. B. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement, or (b) notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the Department. C. If the Department requires termination of the Agreement for reasons other that unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount, which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called 7 Item # 34 Attachment number 1 Page 8 of 15 DCD7-MAl.O OS/24/05 for by this Agreement. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 7. ASSIGNMENT AND SUBCONTRACTS The Agency shall no sublet, assign or transfer any work under this Agreement without the prior written consent of the Department. 8. MISCELLANEOUS A. The Agency and the Department agree that the Agency, its employees, and subcontractors are not agents of the Department as a result of the Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. In any legal action related to this Agreement, instituted by either party, the Agency and the Department agree that venue shall be governed by Section 337.19, Florida Statutes. G. Attachments. Page A-I through Page A-4: Exhibit "A" Scope of Services Page B-1 Exhibit "B", Sweeping Locations & Quantities Page C-l: Exhibit "C", Method of Compensation 8 Item # 34 Attachment number 1 Page 9 of 15 DCD7-MAl.O OS/24/05 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name of Agency By: Authorized Signature Name: Title: By: Director of Operations District Seven (Seal)ATTEST: Executive Secretary (Seal) ATTESST: FOR DEPARTMENT USE ONLY LEGAL REVIEW AUTHORIZATION RECEIVED FROM COMPTROLLER'S OFFICE AS TO AVAILABILITY OF FUNDS Attorney, Department of Transportation AIREVISION.ONE 9 Item # 34 Attachment number 1 Page 10 of 15 EXHIBIT" A", SCOPE OF SERVICES I. The Agency shall assume the Departments maintenance responsibilities as follows: A. The Agency shall perform routine mechanical/vacuum road and bridge sweeping consisting of cleaning and removing sand, soil, paper, glass, cans and other debris from designated areas within the limits of the State Maintained Highway right-of-way. Areas to be cleaned will be curb and gutter, valley gutter, and curbs, and median, gore areas, inlet grates, inlet throats, and other designated sites. Spot sweeping and cleanup of accident and/or load spills will be the responsibility of the Department. These specifications and special provIsIOns are end-result oriented. Although the main purpose of this contract is to accomplish mechanical/vacuum road sweeping operations on state roadways, the Agency may encounter objects larger than what a mechanical sweeper can remove. At such times, the Agency shall furnish hand or mechanical means to remove all debris encountered. B. All roadway sweeping must be done between the hours of 7:00 PM and 6:AM Sunday night thru Friday Morning to minimize the disruption of traffic. All operations shall be performed in accordance with the Departments District 7 Lane Closure Guide. Sweeping shall include (22.364) miles on various state roads in Pinellas County. C. All roadway sweeping operations shall follow the safety guidelines established in the Departments latest edition of the Roadway and Traffic Design Standard, Index 600 and the latest edition of the Manual on Uniform Traffic Control Devices, Part VI. When mechanical/vacuum sweeper is used on the roadway it shall have a SLOW MOVING VEHICLE sign mounted on top of the vehicle. Additionally, a flashing arrow panel in conformance with Section 6E-8 and 6E-9 of the Manual of Uniform Traffic Control Devices (MUTCD) shall be mounted on the top rear of the vehicle. A shadow truck or attenuator truck shall be provided when sweeping is to be accomplished on all State Roadways. The shadow truck shall also be equipped with a sequential arrow panel mounted on the top rear of the vehicle in conformance with Section 6E-9 of the MUTCD. A-I 10 Item # 34 Attachment number 1 Page 11 of 15 In addition, the shadow truck shall be equipped with an Attenuator System (approved crash cushion system) designed for installation at the back of the vehicle. The foregoing requirements are to be considered as minimum and the Agencies compliance with these recommendations shall in no way relieve him of final responsibility for providing adequate traffic control devices for the protection of employees and public throughout the work areas. All sweeping shall be accomplished with or in the same direction as the traffic. Sweeping against or opposing the traffic SHALL NOT be permitted. D. All safety devices on the sweeping operation equipment shall be inspected by the Engineer or his representative prior to being placed into service for this contract. Any deficient safety devices shall be corrected or replaced immediately and service shall not begin until the deficiency is corrected. The mechanical road sweepers shall have a capacity of at least 7 yards cubed and shall be equipped with the required safety devices listed under Section "C". The shadow truck or attenuator truck shall weigh a minimum of 10,000 pounds and shall be equipped with the required safety devices listed under Section C. Use truck mounted attenuators rated at 43 mph or 62 mph design speeds, Base utilization of TMAs on the posted speed limit. Restrict a TMA rated for 43 mph to use on roadways with posted speed limits of 43 mph or less and prohibit from use on freeways. A TMA rated for 62 mph may be utilized on all freeways or roadways with posted speed limits greater than 43 mph. Equip the TMA cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual taillights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. Ensure that the complete unit is painted DOT yellow (Fed. Std. 595 b, No. 13538). Stripe the rear facing of the cartridge in the operating position with the alternating 6 inches safety orange 45E striping to form an inverted "V" at the center of the unit and slope down and toward the outside of the unit, in both directions from the center. The bottom of the cartridge shall have the same pattern, covering the entire bottom, with 6 inches white and 6 inches safety orange stripes. Use Type III reflectorized sheeting for striping. Obtain certified test reports from the TMA manufacturer showing the attenuator meets all requirements set by the National Cooperative Highway Research Program, Report 230. Certification shall include drawings and calculations signed and sealed by a Professional Engineer registered in the State of Florida for each model. A-2 11 Item # 34 Attachment number 1 Page 12 of 15 The flashing arrow boards shall be in conformance with Section 6E-9 of the Manual of Uniform Traffic Control Devices. E. The sweeping operations shall not create exceSSIve airborne dust or other particles as determined by the Engineer. Vehicles that are parked in the sweeping area are to be swept around. The area occupied by a parked vehicle will be considered as work accomplished. F. The term debris shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, and other materials. It also will include large items such as tires, tire parts, hub caps, large stones, boxes, tree limbs, wood, cable, and other such materials. It is expected that the Agency shall encounter objects that are larger than what the mechanical/vacuum sweeper can capably remove and therefore the Agency shall use other means (hand or mechanical) to successfully remove all debris encountered. It is expected that the Agency shall encounter piles of soil and vegetation which will require special removal methods over and above that to be encountered in normal Sweeping of Accumulated Debris during the first complete cycle. The Agency shall furnish such labor, materials and equipment as may be required to accomplish removal of these built-up areas. Disposal of debris shall be the responsibility of the Agency and in accordance with all rules and regulations in effect at the time of the disposal. Cost involved with the disposal of debris shall be included in the contract unit price(s). STOCKPILING OF DEBRIS ON THE RIGHT-OF-WAY SHALL NOT BE PERMITTED. G. Completed work shall be clean and free of all accumulated debris after sweeping as determined by the Departments Inspector, regardless of the number of sweeping passes required to achieve the specified quality. H. For the purpose of this contract, the areas specified for sweeping shall be all the locations on the location map. The areas specified shall be swept for (26) cycles. Each sweeping cycle shall be performed, completed and accepted within seven (1) calendar days after issuance of the work document. Sweeping paved shoulders, curbs and gutters, highway interchange ramps, barrier walls, gore areas and curbed areas of bridge decks and other designated areas measured in miles. Sweeping and complete removal of build-up areas and accumulated debris for the initial cycle, measured in lane miles. Lane miles shall mean all areas where sweeping is to be accomplished measured longitudinally, i.e., as to cover the ENTIRE WIDTH of paved median and outside shoulders. A-3 12 Item # 34 Attachment number 1 Page 13 of 15 I. If at any time after the Agency has assumed the aforementioned maintenance responsibilities it shall come to the attention of the Department's District Secretary for District Seven that the right-of-way as identified in Attachment "A", or any part thereof, is not properly maintained pursuant to the terms of this Agreement, the District Secretary may issue a written notice that a deficiency or deficiencies exist(s) by sending a certified letter in care of City Manager, City of Clearwater. Thereafter, the Agency shall have a period of (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected within this period, the Department may at its option, proceed as follows: A. Assess the Agency costs, if any, incurred by the Department to maintain the areas covered under this Agreement with Department or private agency forces, or B. Terminate Agreement in accordance with Paragraph VI and maintain all of the areas covered under this Agreement by Department of private agency forces. 1. The Department recognizes that the Agency must comply with Section 166.241, Florida Statutes, Article VII of the Florida Constitution and Section 2-132 of the City Code. This Agreement shall not be construed to modify in any way, the Agency's obligations under the statute, constitution and ordinance. K. It is understood between the parties hereto that the maintenance areas covered by this Agreement may be removed, relocated, or adjusted at any time in the future as found necessary by the Department in order that the adjacent State Road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The Agency shall be given sixty (60) calendar days notice to adjust their maintenance. A-4 13 Item # 34 Attachment number 1 Page 14 of 15 EXHIBIT "B' SWEEPING LOCATIONS AND QUANTITIES PAY ITEMS Roadway Sweeping (Mechanical) $40,876.94 Sweeoim!: Cycle Miles and Locations 15007 651 Missouri Ave! Belleaire Rd (to) 2 1.535 3.798 4.526 70.30 318.18 Court St Highlands Ave 15025 595 Myrtle Ave Chestnut St (to) 2 0.000 1.585 5.410 70.30 380.32 Ft Harrison Ave 15040 60 Gulf-to-Bay Clearwater Mall 2 4.552 5.803 2.502 70.30 175.89 Blvd (to) McMullen- Booth Rd 15045 60 Clearwater Mem. Clearwater 4 0.167 0.836 3.184 70.30 223.84 Bridge Memorial Bridge (to) Oak Ave 15045 60 Chestnut St Oak Ave (to) 4 0.836 1.697 2.678 70.30 188.26 Missouri Ave 15045- 60 Court St Chestnut St. (to) 4 0.000 0.595 1.874 70.30 131 .74 101 Oak Ave 15050 590 Drew St Glenwood Ave 2 1.570 1.888 0.636 70.30 44.71 (to) Keystone Dr 15050 590 Drew St Saturn (to) 4 2.298 2.881 1.554 70.30 109.25 NE Coachman Rd 1 ,572.19 26 40,876.94 B-1 14 Item # 34 Attachment number 1 Page 15 of 15 EXHIBIT "c' METHOD OF COMPENSATION A. The Department agrees to pay the Contractor $ 40,876.94 annually for maintenance performed hereunder, provided, however, that such maintenance is performed and complete pursuant to the terms and standards set forth herein. Payment will only be made on complete and signed off work orders. C-l 15 Item # 34 Attachment number 2 Page 1 of 1 RESOLUTION NO. 07-22 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A CONTRACT RENEWAL OF THE MAINTENANCE AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR ROADWAY SWEEPING WITHIN THE DEPARTMENT'S RIGHT-OF- WAY IN THE CITY OF CLEARWATER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to retain the City of Clearwater to perform roadway sweeping within the Department's right-of-way in the City of Clearwater under the Maintenance Agreement, FIN Project No. 42193917201, a copy of which is attached hereto as Exhibit "A"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the renewal of the Maintenance Agreement between City of Clearwater and the State of Florida Department of Transportation, FIN Project No. 42193917201 to retain the City of Clearwater to provide roadway sweeping within the Department's right-of-way in the City of Clearwater, and authorizes Clearwater City Manager, William B. Horne II, to sign said Maintenance Agreement on behalf of the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2007. Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution NtelO'V.fl~4 Meeting Date:9/20/2007 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend the Election Code to provide for the General Election in 2008 and every 4 years thereafter to be held in conjunction with the Presidential Preference Primary and pass Ordinance 7886-07 on first reading. SUMMARY: House Bill 537, passed during the 2007 State Legislative Session, moved the Presidential Preference Primary from the second Tuesday in March to the last Tuesday in January. The bill also included a provision allowing municipalities whose elections are scheduled for March 2008 to move their elections to coincide with the Presidential Preference Primary without having to amend their Charters. Ordinance 7886-07 moves the 2008 general election and each subsequent election occuring in a year that is a multiple of four to coincide with the Presidential Preference Primary. The Ordinance also establishes the qualifying period as being from the first Friday in November to the third Friday in November, providing the 14 days required by the bill. If the Ordinance is adopted, Clerwater's 2008 general election will occur on January 29, 2008. The qualifying period for those wanting to run in this election will be from Firday, November 2 to Friday, November 16, 2007. Holding the election in conjunction with the Presidential Preference Primary will save between $60,000 and $70,000 and should result in higher voter turnout. Review Approval: 1) Clerk 2) Legal 3) Clerk Cover Memo Item # 35 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7886-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 14.02, CODE OF ORDINANCES TO PROVIDE THAT EVERY FOUR YEARS COMMENCING JANUARY 29, 2008, THE REGULAR MUNICIPAL ELECTION SHALL BE HELD IN CONJUNCTION WITH THE PRESIDENTIAL PREFERENCE PRIMARY; AMENDING SECTION 14.41 (7) TO CHANGE THE QUALIFYING PERIOD; ALLOWING CANDIDATES WHO HAVE ALREADY OBTAINED PETITION CARDS TO USE THE CARDS THEY HAVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in the 2007 regular session, the Florida Legislature amended Section 101.75, Florida Statutes, to allow municipalities to move by ordinance their municipal election dates to coincide with the presidential preference primary; and WHEREAS, it is in the best interest of the City of Clearwater to move their election dates as so allowed to increase voter participation and save the cost of a separate municipal election; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 14.02, Code of Ordinances, is hereby amended to read as follows: Sec. 14.02. Regular elections. (a) Regular municipal elections shall be held on the second Tuesday in March of each year in which the term of any councilmember expires, except that every four years commencinq January 29, 2008, reqular municipal elections shall be held in coniunction with the presidential preference primary. (b) Early voting in municipal elections begins 15 days before the election. The City of Clearwater exercises its right to exempt itself from the provisions of Section 101.657, Florida Statutes, and shall contract with the supervisor of elections to provide facilities and services for early voting. Voters who wish to participate in early voting may do so at the offices of the Supervisor of Elections of Pinellas County. Section 2. Section 14.41 (7), Code of Ordinances, is hereby amended to read as follows: Sec. 14.41. Qualification for candidacy. Ordinance No.l~#rB5 Attachment number 1 Page 2 of 2 ***** 7) Candidates may file qualifying papers with the city clerk during regular business hours at the city hall during the qualifying period, which begins at 8:00 a.m. on the first Monday in December and ends at 5:00 p.m. on the second Friday thereafter. However, in years when the municipal election is moved to coincide with the presidential preference primary, the qualifyinq period will beqin at 8:00 a.m. on the first Friday in November and end at 5:00 p.m. on the third Friday in November. Any candidate may withdraw from nomination, but no fee will be refunded. Section 3. For the purposes of the municipal election to be held on January 29, 2008, those candidates who have already obtained petition cards that indicate the incorrect date shall be permitted to use the cards they have already obtained, and will not be required to obtain new petition cards. Section 4. 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: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance No. ll~-#7.35 SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:9/20/2007 Review Approval: 1) Clerk Cover Memo Item # 36 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:9/20/2007 Review Approval: 1) Clerk Cover Memo Item # 37