Docstoc

September FINANCE COMMITTEE MEETING MONDAY SEPTEMBER

Document Sample
September FINANCE COMMITTEE MEETING MONDAY SEPTEMBER Powered By Docstoc
					September 15, 2009


                           FINANCE COMMITTEE MEETING
                            MONDAY, SEPTEMBER 21, 2009
                            IMMEDIATELY FOLLOWING
                    COMMUNITY REDEVELOPMENT AGENCY MEETING
                        HAGLER/MASON CONFERENCE ROOM
                             SECOND FLOOR, CITY HALL



      Jewel Cannada-Wynn, Chair                        ACTION ITEMS
      Mike Wiggins, Vice-Chair
      Maren DeWeese                                    1.     Excess Workers’ Compensation
      Sam Hall                                                Insurance Coverage
      John Jerralds
      Larry B. Johnson                                 2.     FY 2010 Community Policing
      Diane Mack                                              Interlocal Agreement between the
      Megan B. Pratt                                          City    and     the  Community
      Ronald Townsend                                         Redevelopment Agency
      P.C. Wu
                                                       3.     FY 2010 Landscape Maintenance
                                                              and Additional Services Interlocal
      DISCUSSION ITEMS                                        Agreement between the City and the
                                                              Community Redevelopment Agency
             None
                                                       4.     FY 2009 Supplemental Budget
      INFORMATION ITEMS                                       Resolution

             None

      NEW BUSINESS




 If any person decides to appeal any decision made with respect to any matter considered at such
 meeting, he will need a record of the proceedings, and that for such purpose he may need to ensure
 that a verbatim record of the proceedings is made, which record includes the testimony and evidence
 upon which the appeal is to be based.

 The City of Pensacola adheres to the Americans With Disabilities Act and will make reasonable
 accommodations for access to City services, programs and activities. Please call 435-1606 (or TDD
 435-1666) for further information. Requests must be made at least 48 hours in advance of the event in
 order to allow the City time to provide the requested services.
Finance Committee
Excess Workers’ Compensation Insurance Coverage
September 21, 2009
Page 2


The three quotations received are summarized below:

       Insurer                          SIR                 Response              Premium

       New York Marine               $ 500,000               Quote               $ 105,856
       Star Insurance                  500,000               Quote                 162,000
       National Union                  500,000               Quote                 199,580
       Midwest Casualty               Declined

New York Marine Insurance is A (Excellent) rated by A.M. Best Company’s Key Rating Guide
(Best is oldest and most widely accepted independent insurance rating organization) and the
rating indicates that New York Marine Insurance possesses an excellent ability to meet the
ongoing obligations to its policyholders.

PRIOR ACTION:

Council approved the 2008 renewal at the September 25, 2008 City Council meeting.

FUNDING:                     Budget:          $200,000
                             Actual:          $105,856

FINANCIAL IMPACT:

New York Marine’s proposal is $53,644 less than last year’s premium and well within
budget. The Self-Insured Retention remains the same as last year at $500,000 per claim.
Sufficient funds are available to pay this premium within the liability object code of the Risk
Management budget and the other City Departments where this premium is ultimately charged.

ATTACHMENTS:                 None

STAFF CONTACT:               Director of Finance Richard Barker, Jr. and Risk Manager Tom
                             Mulroy

PRESENTATION:                None
Finance Committee
FY 2010 Community Policing Interlocal Agreement between the
   City and the Community Redevelopment Agency
September 21, 2009
Page 2



In July 2002, the CRA approved amending the Community Redevelopment Plan to provide for
community policing of neighborhoods in the urban core. The community policing innovations
are one approach that can be initiated to target criminal activity within a community
redevelopment area. The Community Redevelopment Act describes “community policing
innovations” as a policing technique or strategy designed to reduce crime by reducing the
perceived risks of engaging in criminal activity through the visible presence of police in the
community.

The Interlocal funding has been decreased for FY 2010 from $175,000 to $150,000. FY 2009
funding included an additional $25,000 for purchase of equipment to assist officers in the
downtown environment.


PRIOR ACTION:               Annual approval of Fiscal Year Interlocal Agreements -
                            July 25, 2002, the City Council adopted Resolution No. 21-02,
                            CRA Plan Additional Priority Element:          Urban Core Area
                            Community Policing Innovations

FUNDING                     Budget: $150,000
                            Actual: $150,000

FINANCIAL IMPACT:           The CRA FY 2010 budget includes $150,000 for the interlocal
                            agreement.

ATTACHMENTS:                (1) FY 2010 Interlocal Agreement

STAFF CONTACT:              Richard Barker, Jr., Director of Finance; John Mathis, Police
                            Chief; Thaddeus L. Cohen, AIA , Community Development
                            Director and Becky Bray, AICP, CRA Administrator

PRESENTATION:               None.
INTERLOCAL AGREEMENT
(Community Policing Innovations)

between

THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PENSACOLA, FLORIDA

and

THE CITY OF PENSACOLA, FLORIDA


        This INTERLOCAL AGREEMENT (the " Agreement"), is made and entered into as of
this _____day of ______________, 2009 and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PENSACOLA, FLORIDA, a public
body corporate and politic of the State of Florida (the "Agency"), and the CITY OF
PENSACOLA, FLORIDA, a Florida municipal corporation created under the laws of the State
of Florida (the "City").

                                   W I T N E S S E T H:

       WHEREAS, the City Council of the City of Pensacola, Florida, adopted Resolution No.
54-80 on September 25, 1980, finding and determining the area described therein known as the
"Urban Core Community Redevelopment Area," to be a "blighted area" (as defined in Section
163.340, Florida Statutes) and to be in need of redevelopment, rehabilitation and improvement,
which finding and determination was reaffirmed in Resolution No. 65-81, adopted by the City
Council on October 22, 1981; and

       WHEREAS, on September 25, 1980, the City Council adopted Resolution No. 55-80,
which, created the Community Redevelopment Agency, and declared the City Council to be the
Agency as provided in Section 163.356, Florida Statutes; and

       WHEREAS, on March 8, 1984, the City Council adopted Ordinance No. 13-84, which
created and established the Community Redevelopment Trust Fund for the Urban Core
Community Redevelopment Area; and

       WHEREAS, on March 27, 1984, the City Council of the City of Pensacola, Florida,
adopted Resolution No. 15-84 which approved a community redevelopment plan for the Urban
Core Community Redevelopment Area; and

       WHEREAS, on April 6, 1989, the City Council adopted Resolution No. 18-89, which
approved a revised redevelopment plan for the Urban Core Community Redevelopment Area
which plan has been subsequently amended; and
       WHEREAS, the Agency is responsible for the implementation of the redevelopment
plan for the redevelopment, rehabilitation and improvement of the urban core community
redevelopment area in the City; and


                                         Page 1 of 14
        WHEREAS, one of the primary obstacles to the redevelopment, rehabilitation and
improvement of the urban core community redevelopment area is the perception of a lack of
safety in areas that have seen decline over time and that are now stigmatized in the public
mind; and
        WHEREAS, the Redevelopment Act (hereinafter defined) authorizes municipalities and
community redevelopment agencies to develop and implement Community Policing Innovations
which in the singular is statutorily defined as “a policing technique or strategy designed to
reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in,
criminal activity through visible presence of police in the community, including, but not limited
to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol,
foot patrol, neighborhood storefront police stations, field interrogation, or intensified motorized
patrol”; and
        WHEREAS, the Agency does not have nor exercise police powers nor employ police
officers as needed to undertake Community Policing Innovations; and

       WHEREAS, the City employs sworn law enforcement officers who have the police
power and the ability to assist the Agency by focusing resources upon Community Policing
Innovations in an effort to reduce crime within the Urban Core Community Redevelopment
Area; and

       WHEREAS, but for the cooperation of the parties and the assistance to be provided by
the Agency to the City pursuant to this Agreement, the Agency would be without resources to
undertake the Community Policing Innovations authorized by the Agency’s and the City’s
community redevelopment plan; and
        WHEREAS, the City and the Agency are willing to cooperate and provide assistance to
each other and, to the extent permitted by law, all in such means and manner as will promote the
rehabilitation and redevelopment of the urban core community redevelopment area, benefit the
local economy, and be of substantial benefit to the Agency and the City by jointly undertaking
community policing innovations within the urban core community redevelopment area;
       WHEREAS, the Agency proposes to exercise its powers available under Part III,
Chapter 163, Florida Statutes, as amended (the "Redevelopment Act") to aid, assist, and cause
the rehabilitation and the redevelopment of the Urban Core Community Redevelopment Area to
be accomplished by, among other things, using some of its "increment revenues" deposited in the
Redevelopment Trust Fund (as hereinafter defined) together with funds provided by the City of
Pensacola General Fund to pay for certain Community Policing Innovations (hereinafter defined
and referred to hereinafter as the “Project”) to be provided hereinafter by the City; and

        WHEREAS, the City and the Agency desire to enter into an interlocal agreement setting
forth the terms, conditions and responsibilities of a coordinated and collective effort to redevelop
the Urban Core Community Redevelopment Area and continue to maintain the Project
undertaken by the Agency; and

       WHEREAS, the City Council of the City and the governing body of the Agency have
determined that such an agreement to accomplish the purposes as set forth herein involves
appropriate public expenditures to accomplish important public purposes.


                                            Page 2 of 14
       NOW, THEREFORE, in consideration of the mutual covenants of and benefits derived
from this Agreement, the City and the Agency agree as follows:


                                  ARTICLE 1: AUTHORITY
1.1.   Authority.
        This Agreement is entered into pursuant to and under the authority of Section 163.01,
Florida Statutes; Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes;
Resolution No. 54-80, adopted by the City Council of the City on September 25, 1980,
Resolution No. 65-81, adopted by the City Council of the City on October 22, 1981, Ordinance
No. 13-84, enacted by the City Council of the City on March 8, 1984, and other applicable law,
all as amended and supplemented.


                                 ARTICLE 2: DEFINITIONS
2.1.   Definitions.
      As used in this Agreement, the following capitalized terms shall have the following
meanings, unless the context clearly indicates otherwise:
        (1) “Act” means all or each of the following: Section 163.01, Florida Statutes; Part III,
Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, Resolution No. 54-80, adopted by
the City Council of the City on September 25, 1980, Resolution No. 65-81, adopted by the City
Council of the City on October 22, 1981; Ordinance No. 13-84, enacted by the City Council of
the City on March 8, 1984, and other applicable law, all as amended and supplemented.
       (2) “Agency” means the Community Redevelopment Agency of the City of Pensacola,
Florida, and any successors or assigns.
       (3) “Agency Payments” means, the periodic payments made by the Agency to the City
from the Community Policing Innovations Account pursuant to Section 4.3 hereof.
        (4) “Agency's Other Obligations” means the payment to be made by the Agency from
Increment Revenues deposited in its Redevelopment Trust Fund in the manner, to the extent and
so long as such payments are required, respectively, pursuant to resolutions or agreements
adopted or entered into prior to or after the Effective Date and which are provided to be superior
to the obligation of the Agency under this Agreement.
       (5) “Agreement” means this Interlocal Agreement, including any amendments, revisions
and exhibits thereto.
       (6) “Available Increment Revenues” means Increment Revenues remaining from time to
time in the Agency's Redevelopment Trust Fund after all payments and deposits required to be
made therefrom for the Agency's Other Obligations have been made and paid by the Agency
during that Fiscal Year.


                                           Page 3 of 14
       (7) “Bonds” means the City of Pensacola, Florida, Redevelopment Refunding Revenue,
Bonds, Series 1994.
       (8) “City” means the City of Pensacola, Florida, a Florida municipal corporation, and any
successors or assigns.
        (9) “City Council” means the City Council of the City, or such other body constituting
the elected governing or legislative body of the City.
        (10) “Community Policing Innovations” means law enforcement services provided by the
City within the Community Redevelopment Area, in cooperation and consultation with the
Agency, to reduce crime by reducing opportunities for, and increasing the perceived risks of
engaging in, criminal activity through visible presence of police in the community, including, but
not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen
contact patrol, foot patrol, neighborhood storefront police stations, field interrogation, or
intensified motorized patrol.
        (10) “Community Policing Innovations Account” means the account created and
established by Section 5.2 hereof and in which are deposited the Available Increment Revenues
and from which the Agency Payments are made to fund the Community Policing Innovations
described herein.
       (11) “Community Redevelopment Area” or “Urban Core Community Redevelopment
Area” means the area found to be a slum or blighted and described in Resolution No. 54-80,
adopted by the City Council on September 25, 1980, as affirmed by Resolution No. 65-81,
adopted by the City Council on October 22, 1981.
       (12) “Effective Date” means the date on which this Agreement becomes effective as
provided in Section 8.12 hereof.
        (13) “Expiration Date” means the date on which this Agreement expires by its own terms
and is no longer of any force and effect as provided in Section 8.7 hereof.
        (14) “Fiscal Year” means the respective fiscal years of the City and the Agency
commencing on October 1 of each year and ending on the succeeding September 30, or such
other consecutive twelve (12) month period as may be hereafter designated pursuant to genera1
law as the fiscal year of the Agency or the City, respectively.
       (15) “Increment Revenues” means the funds received by the Agency and deposited in the
Redevelopment Trust Fund in an amount equal to the incremental increase in ad valorem tax
revenues calculated pursuant to Section 163.387, Florida Statutes, within the Community
Redevelopment Area.
       (16) “Plan” means the revised redevelopment plan for the Urban Core Community
Redevelopment Area, adopted by the City Council on April 16, 1989, by the adoption of
Resolution No. 19-89 as subsequently amended.
        (17) “Redevelopment Trust Fund” means the trust fund of the Agency created and
established by Ordinance No. 13-84, enacted by the City Council of the City on March 8, 1984,


                                           Page 4 of 14
into which Increment Revenues are deposited as provided by that ordinance (and any
amendments or successors thereto) and the Redevelopment Act.
       (18) “Termination Date” means the date on which this Agreement is terminated and is no
longer of any force and effect as provided in Section 7.5 hereof, or September 30, 2010,
whichever, occurs earlier.
2.2.   Use of Words and Phrases.
       Words of the masculine gender shall be deemed and construed to include correlative
words of the feminine and neuter genders. Unless the context shall otherwise indicate, the
singular shall include the plural as well as the singular number, and the word “person” shall
include corporations and associations, including public bodies, as well as natural persons.
“Herein”, " “hereby”, “hereunder”, hereof”, “hereinbefore”, “hereinafter”, and other equivalent
words refer to this Agreement and not solely to the particular portion thereof in which any such
word is used.
2.3.   Florida Statutes.
        Any and all references herein to the “Florida Statutes” are to Florida Statutes (2009), as
later amended by any session law enacted during any regular or special session of the Legislature
of the State of Florida subsequent to the adoption of Florida Statutes (2009).


                                     ARTICLE 3: PURPOSE
3.1.   Purpose.
        The purpose of this Agreement is to induce, encourage and assist the redevelopment of
the Community Redevelopment Area through assistance and cooperation in undertaking
community policing innovations within the area. It is also the purpose of this agreement to avoid
expending the Agency’s Increment Revenues (as defined in the Act) on general government
operating expenses unrelated to the planning and carrying out of the Plan. It is also the purpose
of this Agreement to define and delineate the responsibilities and obligations of the parties to this
Agreement, and to express the desire of the parties to cooperate together to accomplish the
purposes and expectations of this Agreement.




                                             Page 5 of 14
                                  ARTICLE 4: THE PROJECT
4.1.   Description.
       The Project consists of the City providing Community Policing Innovation services
within the Community Redevelopment Area, and, in consideration of such services, the Agency
Payments to the City.
4.2.   Project Administration.
        The City, in consultation and cooperation with the Agency, shall be responsible for and
shall oversee the administration of the Project, and shall account to the Agency for all costs of
the Project.
4.3.   Agency Payments.
        Within 45 days of receipt of periodic invoices from the City, accompanied by an
accounting for the costs of the Project, the Agency shall pay from the Community Policing
Innovations Account reimbursing Agency Payments to the City equal to the Actual costs of the
Project. Provided, however, the sum of the Agency Payments shall not exceed $150,000. Upon
receipt of the Agency’s written approval of any such invoice and accounting, the City’s Director
of Finance may withdraw the Agency Payment directly from the Community Policing
Innovations Account. Although this Sec. 4-3 contemplates and references the production of
invoices, accountings and written approvals of invoices and accountings, these documents are
accumulated and retained for subsequent auditing purposes and the periodic initiation and
transfer of agency payments shall be accomplished through appropriate automated data
processing means.


                                   ARTICLE 5: FINANCING
5.1.   General.
       The parties mutually acknowledge and agree that the aggregate cost of undertaking
Community Policing Innovations within the Community Redevelopment Area is not anticipated
to exceed $150,000. That total cost will be paid as follows: Not exceeding $150,000 will be paid
from Available Increment Revenues deposited in the Community Policing Innovations Account
on October 1, 2009, and all other costs will be paid from other funds available to the City and set
aside and committed for the purpose of paying such costs.
5.2.   Community Policing Innovations Account.
       (1) The Agency covenants and agrees to establish an account separate and distinct from
the Redevelopment Trust Fund to be known as the Community Policing Innovations Account in
which the Available Increment Revenues shall be deposited and disbursements made as provided
herein. This account is intended to be and shall constitute an escrow account for the purpose of
funding a the Project.




                                            Page 6 of 14
       (2) The Agency's Available Increment Revenues deposited in the Community Policing
Innovations Account shall constitute trust funds to secure the payments required to be made by
the Agency and until such transfer and deposit, the Agency shall act as trustee of its moneys for
the purposes thereof and such moneys shall be accounted for separate and distinct from all other
funds of the Agency and shall be used only as provided herein.
       (3) The Community Policing Innovations Account shall be deposited and maintained in
one or more banks, trust companies, national banking associations, savings and loan
associations, savings banks or other banking associations which are under Florida law qualified
to be a depository of public funds, as may be determined by the entity maintaining possession
and control of such funds and accounts.
5.3    Available Increment Revenues.
       (1) Intentionally omitted.
        (2) During the Fiscal Year commencing on October 1, 2009, the Agency covenants and
agrees with the City to transfer Available Increment Revenues from the Redevelopment Trust
Fund to the Community Policing Innovations Account at the times and in the amounts necessary
to pay invoices submitted to the Agency by the City pursuant to Section 4.3 hereof.
      (3) The Agency hereby encumbers, commits and pledges the Available Increment
Revenues for the purposes of the transfers required by this Section 5.3.
       (4) The Agency covenants and agrees with the City and does hereby grant a lien in favor
of the City on the funds on deposit in the Community Policing Innovations Account for the
purposes set forth in this Agreement. Funds on deposit in this Community Policing Innovations
Account may only be used to pay the Costs of the Project. Any funds remaining after all costs of
the Project have been paid shall be used only in the manner authorized by Section 163.387(7),
Florida Statutes.
5.4.   Intentionally omitted.
5.5.   Intentionally omitted.
5.6.   Enforcement of Increment Revenues Collections.
        The Agency is currently receiving Increment Revenues, having taken all action required
by law to entitle it to receive the same, and the Agency will diligently enforce its rights to
receive the Increment Revenues and will not take any action which will impair or adversely
affect its right to receive such funds or impair or adversely affect in any manner the Agency's
covenant to budget and appropriate Available Increment Revenues for deposit to the Community
Policing Innovations Account. The Agency and the City covenant and agree, so long as the
Agency is required to make the Agency Payments, to take all lawful action necessary or required
to continue the entitlement of the Agency to receive the Increment Revenues as now provided by
law or may later be authorized, and to make the transfers required by this Agreement. The City
does hereby covenant and agree that, so long as the Agency is required to make the Agency
Payments, to timely budget, appropriate and pay into the Redevelopment Trust Fund in each
fiscal Year the amount required of it to be so paid by the Redevelopment Act. Notwithstanding


                                           Page 7 of 14
any other provision herein to the contrary, the failure of the enforcement of collection of
Increment Revenues by the Agency will not relieve the City of its obligations hereunder to pay
the City Payment.
5.7.   No General Obligation.
        Nothing contained in this Agreement shall be deemed to create a debt, liability, or other
obligation of the Agency or the City or any other political subdivision of the State of Florida
within the meaning of any constitutional, statutory, charter or other provision or limitation, and
nothing contained herein shall be deemed to authorize or compel, directly or indirectly, the
exercise of the ad valorem taxing power of the City or any other political subdivision of the State
of F1orida or taxation in any form on any real or personal property for the payment of any
amounts contemplated by or as provided in this Agreement, including the payment of any
principal of, premium, if any, and interest on any indebtedness relating to the Project.

                  ARTICLE 6: REPRESENTATIONS AND WARRANTIES
6.1.   Representations and Warranties of the Agency.
       The Agency represents and warrants to the City that each of the following statements is
presently true and accurate and can be relied upon by the City:
        (1) The Agency is the duly designated community redevelopment agency of the City, a
validly existing body politic and corporate of the State of Florida, has all requisite corporate
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.
        (2) This Agreement and each document contemplated hereby to which the Agency is or
will be a party has been duly authorized by all necessary action on the part of, and has been or
will be duly executed and delivered by, the Agency and neither the execution and delivery
thereof, nor compliance with the terms and provisions thereof or hereof: (a) requires the approval
and consent of any other party, except such as have been or will be duly obtained, (b)
contravenes any existing law, judgment, governmental rule, regulation or order applicable to or
binding on the Agency or (c) contravenes or results in any breach of, default under or result in
the creation of any lien or encumbrance upon any party or the Agency, under any indenture,
mortgage, deed of trust, bank loan or credit agreement, the Agency's special acts, applicable
ordinances, resolutions or any other agreement or instrument to which the Agency is a party,
specifically including any covenants of any bonds, notes, or other forms of indebtedness of the
Agency outstanding on the Effective Date.
        (3) This Agreement and each document contemplated hereby to which the Agency is or
will be a party constitutes, or when entered into will constitute, a legal, valid and binding
obligation of the Agency enforceable against it 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.


                                            Page 8 of 14
       (4) There are no pending or, to the knowledge of the Agency, threatened actions or
proceedings before any court or administrative agency against the Agency, which question the
existence of the Agency, the determination of slum and blight in the Community Redevelopment
Area, the adoption or implementation of the Plan, the validity of this Agreement or any
instrument or document contemplated hereunder, or which are likely in any case or in the
aggregate to materially adversely affect the successful redevelopment of the Community
Redevelopment Area, the consummation of the transactions contemplated hereunder or the
financial condition of the Agency.
       (5) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable to the Agency.
6.2.   Representations and Warranties of the City.
       The City represents and warrants to the Agency that each of the following statements is
presently true and accurate and can be relied upon by the Agency:
        (1) The City is a municipal corporation created under the laws of the State of Florida, has
all requisite corporate 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.
        (2) This Agreement and each document to which it is or will be a party has been duly
authorized by all necessary action on the part thereof, and has been or will be duly executed and
delivered by, it and neither the execution and delivery thereof, nor compliance with the terms
and provisions thereof or hereof: (a) requires the approval and consent of any other party, except
such as been duly obtained, (b) contravenes any existing law, judgment, governmental rule,
regulation or order applicable to or binding on it, or (c) contravenes or results in any breach of,
default under or result in the creation of any lien or encumbrance upon it, under any indenture,
mortgage, deed or trust, bank loan or credit agreement, charter, applicable ordinances,
resolutions or any other agreement or instrument, specifically including any covenants of any
bonds, notes, or other forms of indebtedness outstanding on the Effective Date.
        (3) This Agreement and each document contemplated hereby constitutes, or when entered
in will constitute, a legal, valid and binding obligation enforceable against the City 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.
        (4) There are no pending or, to the knowledge of the City, threatened actions or
proceedings before any court or administrative agency against it, which question its existence,
the validity of this Agreement or any instrument or document contemplated hereunder, or which
are likely in any case or in the aggregate to materially adversely affect the consummation of the
transactions contemplated hereunder.
       (5) This Agreement does not violate any laws, ordinance, rules, regulations, orders,
contract, or agreements that are or will be applicable to the City.



                                            Page 9 of 14
                           ARTICLE 7: DEFAULT; TERMINATION
7 .1.   Default by the Agency.
       (1) Provided the City is not in default under this Agreement as set forth in Section 7.2
hereof, there shall be an “event of default” by the Agency under this Agreement upon the
occurrence of any one or more of the following:
           (a) The Agency fails to perform or comply with any material provision of this
Agreement and such nonperformance shall have continued, after written notice thereof by the
City to the Agency; or
         (b) The Agency shall have failed or refused to make any of the Agency Payments
when due and payable; or
           (c) The Agency shall make a general assignment for the benefit of its creditors, or
shall admit in writing its inability to pay its debts as they become due or shall file a petition in
bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall tile a petition seeking any
reorganization, readjustment, liquidation, dissolution or similar relief under any present or future
statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the
material allegations of a petition filed against it in any such proceeding, or shall seek or consent
to or acquiesce in the appointment of any trustee, receiver or liquidator of the Agency of any
material part of its properties; or
          (d) Within sixty (60) days after the commencement of any proceeding by or against
the Agency seeking any reorganization, readjustment, liquidation, dissolution or similar relief
under any present or future statute, law or regulation, such proceeding shall not have been
dismissed, or if, within sixty (60) days after the appointment without the consent or acquiescence
of the Agency or any trustee, receiver or liquidator of the Agency or of any material part of its
properties, such appointment shall not have been vacated.
        (2) If any “event of default” described in Subsection 7.1(1) hereof shall have occurred,
the City may, after giving thirty (30) days written notice of such event of default to the Agency,
and upon expiration of such thirty (30) day notice period, if such event of default has not been
cured, terminate this Agreement or institute an action seeking such remedies as are available to
the City, or both.
7 .2.   Default by the City.
       (1) Provided the Agency is not then in default under this Agreement, there shall be an
“event of default” by the City to this Agreement under this Agreement upon the occurrence of
any the following:
          (a) The City does not perform as required hereunder and such nonperformance shall
have continued, after written notice thereof by the Agency to the City; or




                                            Page 10 of 14
         (b) The City shall have failed or refused to proceed with or cause the timely
completion of the Project.
       (2) If an "event of default" described in Subsection 7.2(1) hereof shall have occurred, the
Agency, after giving thirty (30) days written notice of such event of default to the City and upon
the expiration of such thirty (30) day period if such event of default has not been cured, may
terminate this Agreement or institute an action seeking such remedies as are available to the
Agency hereunder.
7.3.   Obligations, Rights and Remedies Not Exclusive.
        The rights and remedies specified herein to which either the Agency or the City are
entitled are not exclusive and are not intended to be to the exclusion of any other remedies or
means or redress to which any party hereto may otherwise lawfully be entitled.
7.4.   Non-Action or Failure to Observe Provisions of this Agreement.
       The failure of any party hereto to promptly insist upon strict performance of any term,
covenant, condition or provision of this Agreement, or any exhibit hereto or any other agreement
contemplated hereby shall not be deemed a waiver of any available right or remedy, and shall not
be deemed a waiver of a subsequent default or nonperformance of such term, covenant,
condition or provision.
7.5.   Effect of Termination.
       (1) Upon the occurrence of an event described in Section 7.1 or 7.2 hereof and receipt by
any party of an election to terminate this Agreement pursuant to Sections 7.1 or 7.2 hereof, then
this Agreement shall terminate and all obligations of any parties hereto shall then cease and be
released and no longer be of any force and effect.
       (2) In the event of a termination of this Agreement pursuant to this Section 7.5, no party
hereto shall be obligated or liable to any other in any way, financial or otherwise, for any claim
or matter arising from or as a result of this Agreement or any actions taken by any party hereto,
hereunder or contemplated hereby.


                                ARTICLE 8: MISCELLANEOUS
8.1.   Amendments.
        This Agreement may be amended by the mutual written agreement of all parties at any
time and from time to time, which amendments shall become effective upon filing thereof in the
public records of Escambia County, Florida, pursuant to Section 163.01(11), Florida Statutes.
8.2.   This Agreement Constitutes a Contract.
        All parties hereto acknowledge that they will rely on the pledges, covenants and
obligations created herein for the benefit of the parties hereto, and this Agreement shall be



                                           Page 11 of 14
deemed to be and constitute a contract amongst said parties as of it becoming effective as
provided in Section 8.12.
8.3.   Assignment.
        No party to this Agreement may, directly or indirectly, assign or transfer any or all of
their duties, rights, responsibilities, or obligations under this Agreement to any other party or
person not a party to this Agreement, without the express prior approval of the other party to this
Agreement.
8.4.   Severability.
        The provisions of this Agreement are severable, and it is the intention of the parties
hereto to confer the whole or any part of the powers herein provided for and if any of the
provisions of this Agreement or any other powers granted by this Agreement shall be held
unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court
shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared
to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and
executed had such unconstitutional, invalid or void provision or power not been included therein.
8.5.   Controlling Law; Venue.
       Any and all provisions of this Agreement and any proceeding seeking to enforce and
challenge any provision of this Agreement shall be governed by the laws of the State of Florida.
Venue for any proceeding pertaining to this Agreement shall be Escambia County, Florida.
8.6.   Members Not Liable.
        (1) All covenants, stipulations, obligations and agreements contained in this Agreement
shall be deemed to be covenants, stipulations, obligations and agreements of the City and the
Agency, respectively, to the full extent authorized by the Act and provided by the Constitution
and laws of the State of Florida.
        (2) No covenant, stipulation, obligation or agreement contained herein shall be deemed to
be a covenant, stipulation, obligation or agreement of any present or future individual member of
a governing body or agent or employee of the Agency or the City in its, his or their individual
capacity, and neither the members of the governing body of the Agency or the City or any
official executing this Agreement shall individually be liable personally or shall be subject to
any accountability by reason of the execution by the City or the Agency of this Agreement or
any act pertaining hereto or contemplated hereby.
8.7.   Expiration of Agreement.
       (1) Unless sooner terminated as provided in Article 7, this Agreement shall expire and
terminate on September 30, 2010.
       (2) The parties hereto covenant and agree that upon this Agreement expiring and
terminating all rights, privileges, obligations and responsibilities of any party hereunder shall




                                            Page 12 of 14
expire and be of no force and effect, except to the extent any provision hereof expressly survives
expiration as provided herein and survives termination as provided in Section 7.5.
        (3) Any funds remaining in the Community Policing Innovations Account upon the
expiration of this Agreement, which are not encumbered or obligated for any payment shall be
used only in the manner authorized by Section 163.387, Florida Statutes.
8.8.    Third Party Beneficiaries.
        Nothing in this Agreement, expressed or implied, is intended or shall be construed to
confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or
claim, lega1 or equitable, under or by reason of this Agreement or any provision hereof.
8.9.    Notices.
        (1) Any notice, demand, direction, request or other instrument authorized or required by
this Agreement to be given or filed with a party hereto shall be deemed sufficiently given or filed
for all purposes of this Agreement if and when sent by registered mail, return receipt requested,
transmitted by a facsimile machine with confirmation of delivery, or by personal hand delivery:
        To the Agency:                Community Redevelopment Agency of
                                      The City of Pensacola, Florida
                                      Post Office Box 12910
                                      Pensacola, Florida 32521-0001
                                      Attention: Administrator

        To the City:                  City of Pensacola
                                      Post Office Box 12910
                                      Pensacola, Florida 32521-0001
                                      Attention: City Manager

         (2) The addresses to which any notice, demand, direction or other instrument authorized
to be given or filed may be changed from time to time by a written notice to that effect delivered
to all the parties, which change shall be effective immediately or such other time as provided in
the notice.
        Until notice of a change of address is received, a party may rely upon the last address
received. Notice shall be deemed given, if notice is by mail on the date mailed to the address set
forth above or as changed pursuant to this Section 8.9.
8.10.   Execution of Agreement.
        This Agreement shall be executed in the manner normally used by the parties hereto. If
any officer whose signature appears on this Agreement ceases to hold office before all officers
shall have executed this Agreement or prior to the filing and recording of this Agreement or prior
to the filing and recording of this document as provided in Section 8.11 hereof, his or her
signature shall nevertheless be valid an sufficient for all purposes. This Agreement shall bear the
signature of, or may be signed by, such individuals as at the actual time of execution of this



                                           Page 13 of 14
Agreement thereby shall be the proper and duly empowered officer to sign this Agreement and
this Agreement shall be deemed to have been duly and properly executed even though on the
Effective Date any such individual may not hold such office.
8.11.     Filing with County Clerk of the Court.
        The City Clerk is hereby authorized and directed after approval of this Agreement by the
Agency and the City Council and the execution hereof by the duly qualified and authorized
officers of each of the parties hereto as provided in Section 8.10 hereof, to submit this
Agreement to the Clerk of the Court of Escambia County, Florida, for filing in the public records
of Escambia County Florida, as provided by Section 163.01(11), Florida Statutes.
8.12.     Effective Date.
       This Agreement shall become effective immediately upon filing with the Clerk of the
Court of Escambia County, Florida, as provided in Section 163.01(11), Florida Statutes.
8.13.     City and Agency Not Liable.
        Nothing contained in this Agreement shall be construed or deemed, nor is intended, or
impose any obligation upon the City or the Agency except to the extent expressly assumed by
the City or the Agency, respectively.

       IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
entered into this Interlocal Agreement as of the day and year first above written.


COMMUNITY REDEVELOPMENT AGENCY                        CITY OF PENSACOLA, FLORIDA
OF THE CITY OF PENSACOLA, FLORIDA

__________________________________                    _________________________________
Alvin G. Coby, City Manager                           Alvin G. Coby, City Manager

Attest:                                               Attest:

_______________________________                       _______________________________
Ericka L. Burnett, City Clerk                         Ericka L. Burnett, City Clerk


Approved as to Content:                               Approved as to Form and Execution:

__________________________________                    _______________________________
Thaddeus L. Cohen,                                    City Attorney
Community Development Director




                                            Page 14 of 14
Finance Committee
FY 2010 Landscape Maintenance and Additional Services
   Interlocal Agreement between the City and the Community
   Redevelopment Agency
September 21, 2009
Page 2


Alcaniz/Romana Streetscape Improvements and North Spring Intersection Improvements are
areas that were added for FY 2009. The North Palafox Parkway Improvements and Jefferson
Street Parking Garage Landscape responsibilities were transferred to the DIB in FY 2009 and are
no longer part of this agreement.

In addition to the Maintenance Areas listed, City Council approved Resolution No. 24-06
(Additional Priority Element:        Park and Public Space Enhancements and Accessibility
Improvements) for additional improvements to be undertaken for parks and public spaces
including sidewalks, accessibility, public art, neighborhood gateways, irrigation, lighting, benches,
drinking fountains, trash receptacles, play equipment and other physical enhancements to such
facilities that may be undertaken through the proposed Interlocal Agreement.


PRIOR ACTION:                 Annual approval of Fiscal Year Interlocal Agreements -
                              September 14, 2006 - City Council adopted Resolution No. 24-06,
                              CRA Plan Additional Priority Element: Park and Public Space
                              Enhancements and Accessibility Improvements.
                              January 28, 1999 - City Council adopted Resolution No. 03-99,CRA
                              Plan Additional Priority Element: Landscape Maintenance.

FUNDING                       Budget: $329,500
                              Actual: $329,500

FINANCIAL IMPACT:             The CRA FY 2010 budget includes $329,500 for the interlocal
                              agreement.

ATTACHMENTS:                  (1) FY 2010 Interlocal Agreement

STAFF CONTACT:                Richard Barker, Jr., Director of Finance; David Flaherty, Director of
                              Parks and Recreation; Thaddeus L. Cohen, AIA, Community
                              Development Director and Becky Bray, AICP, CRA Administrator.

PRESENTATION:                 None.
INTERLOCAL AGREEMENT
(Landscape Maintenance Services and Park and Public
Space Enhancements and Accessibility Improvements)

between

THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF PENSACOLA, FLORIDA

and

THE CITY OF PENSACOLA, FLORIDA




        This INTERLOCAL AGREEMENT (the " Agreement"), is made and entered into as of
this _____day of ____________ 2009, between THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PENSACOLA, FLORIDA, a public body corporate and politic
of the State of Florida (the "Agency"), and the CITY OF PENSACOLA, FLORIDA, a Florida
municipal corporation created under the laws of the State of Florida (the "City").



                                   W I T N E S S E T H:

       WHEREAS, the City Council of the City of Pensacola, Florida, adopted Resolution No.
54-80 on September 25, 1980, finding and determining the area described therein known as the
"Urban Core Community Redevelopment Area," to be a "blighted area" (as defined in Section
163.340, Florida Statutes) and to be in need of redevelopment, rehabilitation and improvement,
which finding and determination was reaffirmed in Resolution No. 65-81, adopted by the City
Council on October 22, 1981; and

       WHEREAS, on September 25, 1980, the City Council adopted Resolution No. 55-80,
which, created the Community Redevelopment Agency, and declared the City Council to be the
Agency as provided in Section 163.356, Florida Statutes; and

       WHEREAS, on March 8, 1984, the City Council adopted Ordinance No. 13-84, which
created and established the Community Redevelopment Trust Fund for the Urban Core
Community Redevelopment Area; and

       WHEREAS, on March 27, 1984, the City Council of the City of Pensacola, Florida,
adopted Resolution No. 15-84 which approved a community redevelopment plan for the Urban
Core Community Redevelopment Area; and

       WHEREAS, on April 6, 1989, the City Council adopted Resolution No. 19-89, which
approved a revised redevelopment plan for the Urban Core Community Redevelopment Area
which plan has been subsequently amended; and


                                         Page 1 of 16
       WHEREAS, on September 14, 2006, the City Council adopted Resolution No. 24-06
which amended Resolution 19-89 by adding additional priority elements, including certain park
and public space enhancements and accessibility improvements to the Revised Community
Redevelopment Plan for the Urban Core Community Redevelopment Area; and

        WHEREAS, pursuant to this plan, the Agency has made certain improvements to
various public facilities within the Urban Core Community Redevelopment Area which are more
particularly described herein and are hereinafter referred to as the “Project” (as hereinafter
defined); and

       WHEREAS, in carrying out the Project, the City has undertaken the responsibility for
maintenance, irrigation, trimming and mowing of certain “Landscape Improvement Maintenance
Areas” (as hereinafter defined) and has incurred costs for water and electrical utilities services in
connection therewith in increased amounts directly attributable to the improvements made by the
Agency; and

       WHEREAS, the City also has undertaken the responsibility at the Agency’s direction for
the construction and maintenance of additional park and public space enhancement and
accessibility improvements, including sidewalks, accessibility, public art, neighborhood
gateways, irrigation, lighting, benches, drinking fountains, trash receptacles, play equipment, and
other physical enhancements to these facilities of the City of Pensacola; and

        WHEREAS, the Agency proposes to exercise its powers available under Part III,
Chapter 163, Florida Statutes, as amended (the "Redevelopment Act") to aid, assist, and cause
these landscape maintenance services and park and public space enhancements and accessibility
improvements to be accomplished by, among other things, using some of its "increment
revenues" deposited in the “Redevelopment Trust Fund” (as hereinafter defined) together with
funds provided by the City of Pensacola General Fund to pay such “Costs of the Project” (as
hereinafter defined); and

        WHEREAS, the Agency proposes to make available to the City a portion of the funds in
its Redevelopment Trust Fund to reimburse a portion of the Costs of the Project directly
attributable to the improvements made by the Agency; and

        WHEREAS, these ongoing Project landscape maintenance services and park and public
space enhancements and accessibility improvements comply with and will further the purposes
of the Plan in accordance with the Redevelopment Act, will promote the City and thereby benefit
the local economy, and will be of substantial benefit to the Agency and the City; and

        WHEREAS, but for the mutual undertakings hereunder by the parties to this Agreement,
it would be necessary for either the City or the Agency, acting individually, to provide all
financing and take all actions required for such maintenance and improvements; however, as
provided by Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969,
(the "Cooperation Act") each has elected to pursue jointly and collectively these separate actions,
all in accordance with the intent and purpose of the Cooperation Act permitting units of local
governments, among other things, to provide from their revenues and other resources the
financial and other support for the purposes set forth in interlocal agreements; and



                                             Page 2 of 16
        WHEREAS, the Agency and the City intend by this Agreement to more fully establish
the joint and several obligations, duties and responsibilities of the Agency and the City to
provide for ongoing Project landscape maintenance services and for park and public space
enhancements and accessibility improvements, to provide a means and method for this
cooperative venture by the parties, and to provide a means and method to pay the Costs of the
Project, in order to further the purposes stated herein; and

        WHEREAS, the City recognizes the special and unique role of the Agency in making the
initial improvements possible and supporting the ongoing maintenance, construction, and
enhancements of the Project; and

        WHEREAS, the City and the Agency desire to enter into an interlocal agreement setting
forth the terms, conditions and responsibilities of a coordinated and collective effort to redevelop
the Urban Core Community Redevelopment Area and to continue the Project undertaken by the
Agency; and

       WHEREAS, the City Council of the City and the governing body of the Agency have
determined that such an agreement to accomplish the purposes as set forth herein involves
appropriate public expenditures to accomplish important public purposes.

       NOW, THEREFORE, in consideration of the mutual covenants of and benefits derived
from this Agreement, the City and the Agency agree as follows:


ARTICLE 1: AUTHORITY
1.1.   Authority.
        This Agreement is entered into pursuant to and under the authority of Section 163.01,
Florida Statutes; Part III, Chapter 163, Florida Statutes; Chapter 166, Florida Statutes;
Resolution No. 54-80, adopted by the City Council of the City on September 25, 1980,
Resolution No. 65-81, adopted by the City Council of the City on October 22, 1981, Ordinance
No. 13-84, enacted by the City Council of the City on March 8, 1984, and other applicable law,
all as amended and supplemented.
ARTICLE 2: DEFINITIONS
2.1.   Definitions.
      As used in this Agreement, the following capitalized terms shall have the following
meanings, unless the context clearly indicates otherwise:
        (1) “Act” means all or each of the following: Section 163.01, Florida Statutes; Part III,
Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, Resolution No. 54-80, adopted by
the City Council of the City on September 25, 1980, Resolution No. 65-81, adopted by the City
Council of the City on October 22, 1981; Ordinance No. 13-84, enacted by the City Council of
the City on March 8, 1984, and other applicable law, all as amended and supplemented.




                                            Page 3 of 16
       (2) “Agency” means the Community Redevelopment Agency of the City of Pensacola,
Florida, and any successors or assigns.
       (3) “Agency Payments” means the periodic payments made by the Agency to the City (or
to other persons as directed by the City) from the Park and Public Space Maintenance and
Improvement Account pursuant to Section 4.3 hereof.
        (4) “Agency's Other Obligations” means the payment to be made by the Agency from
Increment Revenues deposited in its Redevelopment Trust Fund in the manner, to the extent and
so long as such payments are required, respectively, pursuant to resolutions or agreements
adopted or entered into prior to or after the Effective Date and which are provided to be superior
to the obligation of the Agency under this Agreement.
       (5) “Agreement” means this Interlocal Agreement, including any amendments, revisions
and exhibits thereto.
       (6) “Available Increment Revenues” means Increment Revenues remaining from time to
time in the Agency's Redevelopment Trust Fund after all payments and deposits required to be
made therefrom for the Agency's Other Obligations have been made and paid by the Agency
during that Fiscal Year.
       (7) “Bonds” means the City of Pensacola, Florida, Redevelopment Refunding Revenue,
Bonds, Series 1994.
       (8) “City” means the City of Pensacola, Florida, a Florida municipal corporation, and any
successors or assigns.
        (9) “City Council” means the City Council of the City, or such other body constituting
the elected governing or legislative body of the City.
       (10) “Community Redevelopment Area” or “Urban Core Community Redevelopment
Area” means the area found to be a slum or blighted and described in Resolution No. 54-80,
adopted by the City Council on September 25, 1980, as affirmed by Resolution No. 65-81,
adopted by the City Council on October 22, 1981.
        (11) “Costs of the Project” means, collectively, all costs of electrical and water supply
for irrigation of the Landscape Improvement Maintenance Areas, all costs for trimming and
mowing the Landscape Improvement Maintenance Areas, electrical costs to light the Landscape
Improvement Maintenance Areas, and all costs for the construction and maintenance of park and
public space enhancements and accessibility improvements, including sidewalks, accessibility,
public art, neighborhood gateways, irrigation, lighting, benches, drinking fountains, trash
receptacles, play equipment, and other physical enhancements to these facilities of the City of
Pensacola.
       (12) “Effective Date” means the date on which this Agreement becomes effective as
provided in Section 8.12 hereof.
        (13) “Expiration Date” means the date on which this Agreement expires by its own terms
and is no longer of any force and effect as provided in Section 8.7 hereof.


                                           Page 4 of 16
        (14) “Fiscal Year” means the respective fiscal years of the City and the Agency
commencing on October 1 of each year and ending on the succeeding September 30, or such
other consecutive twelve (12) month period as may be hereafter designated pursuant to general
law as the fiscal year of the Agency or the City, respectively.
       (15) “Increment Revenues” means the funds received by the Agency and deposited in the
Redevelopment Trust Fund in an amount equal to the incremental increase in ad valorem tax
revenues calculated pursuant to Section 163.387, Florida Statutes, within the Community
Redevelopment Area.
        (16) “Landscape Improvement Maintenance Areas” means the construction,
maintenance, irrigation, trimming, mowing, and electrical service for lighting of the: Zaragoza
Street Improvements, Phases I and II; Bayfront Parkway Improvement; Wayside Park
Improvements; Phases I and II; South Palafox Streetscape Improvements; Garden Street Island
Improvements, Phases I and II; Jefferson Streetscape Improvements; North Palafox Parkway
Improvements; Belmont/DeVilliers Henry Wyer Park; Gregory/Chase Corridor Improvements;
Seville Square/ Aragon Court Streetscape Improvements (9th Avenue and Romana Street,);
Belmont/DeVilliers Parking Lot; Palafox Place Streetscape Improvements; Belmont/DeVilliers
Streetscape Improvements; Palafox Pier and Palafox Street Extension Improvements; Plaza de
Luna; Alcaniz/Romana Streetscape Improvements; North Spring Intersection Improvements and
tree trimming for all completed streetscape projects and periodic mowing of vacant properties
acquired by the CRA for redevelopment.
        (17) “Park and Public Space Maintenance and Improvement Account” means the account
created and established by Section 5.2 hereof and in which are deposited the Available
Increment Revenues and from which the Agency Payments are made to fund the electrical and
water costs to irrigate the Landscape Improvement Maintenance Areas, costs for trimming and
mowing the Landscape Improvement Maintenance Areas, and electrical costs to light the
Landscape Improvement Maintenance Areas and to fund the costs of the construction and
maintenance for park and public space enhancements and accessibility improvements, including
the Plaza de Luna facility, sidewalks, accessibility, public art, neighborhood gateways, irrigation
lighting, drinking fountains, trash receptacles, play equipment, and other physical enhancements
to these facilities of the City of Pensacola.
       (18) “Plan” means the revised redevelopment plan for the Urban Core Community
Redevelopment Area, adopted by the City Council on April 16, 1989, by the adoption of
Resolution No. 19-89 as subsequently amended.
       (19) “Project” means those landscape maintenance services provided to Landscape
Improvement Maintenance Areas and those park and public space enhancements and
accessibility improvements, including sidewalks, accessibility, public art, neighborhood
gateways, irrigation, lighting, benches, drinking fountains, trash receptacles, play equipment, and
other physical enhancements to these facilities of the City of Pensacola.
        (20) “Redevelopment Trust Fund” means the trust fund of the Agency created and
established by Ordinance No. 13-84, enacted by the City Council of the City on March 8, 1984,
into which Increment Revenues are deposited as provided by that ordinance (and any
amendments or successors thereto) and the Redevelopment Act.


                                            Page 5 of 16
       (21) “Termination Date” means the date on which this Agreement is terminated and is no
longer of any force and effect as provided in Section 7.5 hereof, or September 30, 2010,
whichever occurs earlier.
2.2.   Use of Words and Phrases.
       Words of the masculine gender shall be deemed and construed to include correlative
words of the feminine and neuter genders. Unless the context shall otherwise indicate, the
singular shall include the plural as well as the singular number, and the word “person” shall
include corporations and associations, including public bodies, as well as natural persons.
“Herein”, " “hereby”, “hereunder”, hereof”, “hereinbefore”, “hereinafter”, and other equivalent
words refer to this Agreement and not solely to the particular portion thereof in which any such
word is used.
2.3.   Florida Statutes.
        Any and all references herein to the “Florida Statutes” are to Florida Statutes (2009), as
later amended by any session law enacted during any regular or special session of the Legislature
of the State of Florida subsequent to the adoption of Florida Statutes (2009).
ARTICLE 3: PURPOSE; FINDINGS; INTENT
3.1.   Purpose.
The purpose of this Agreement is to induce, encourage, assist and carry out a portion of the
ongoing maintenance activities for certain Landscape Improvement Maintenance Areas and to
provide for park and public space enhancements and accessibility improvements constructed and
installed through the Community Redevelopment Agency by providing for the joint and
cooperative effort and actions of the City and the Agency to induce, encourage, and carry out
such activities by the City; and to establish the duties, responsibilities, and obligations of the
Agency and the City in doing so, including the payment of the Costs of the Project from funds
available to the City and the Agency. It is also the purpose of this Agreement to define and
delineate the responsibilities and obligations of the parties to this Agreement, and to express the
desire of the parties to cooperate together to accomplish the purposes and expectations of this
Agreement.
3.2.   Findings.
        The City and the Agency do hereby find that the Costs of the Project protect, preserve,
and enhance certain streetscape and park improvements that have been or will be installed and
are in the interest of the public health, safety and welfare, furthers a public purpose, and is a
proper, legitimate, and needed action to be undertaken by the agencies. The parties further find
that the Plan contemplates certain redevelopment actions, including this Project will be carried
out within the Community Redevelopment Area.




                                            Page 6 of 16
3.3.   Intent.
        (1) It is the intent of the parties hereto to efficiently, effectively, and economically cause
the successful delivery of landscape maintenance services to Landscape Improvement
Maintenance Areas, to provide for park and public space enhancements and accessibility
improvements for these facilities of the City of Pensacola, and to implement and further the
objectives of the Plan.
        (2) The parties further intend that the Agency and the City continue to maintain the
Project and that the Agency shall use Available Increment Revenues in Fiscal Year 2010 to pay
attributable costs of the improvements to the Project made by the Agency.
ARTICLE 4: THE PROJECT
4.1.   Description.
       The Project consists of the City providing a dedicated crew of City employees to
maintain the completed streetscape and park improvements for the Landscape Improvement
Maintenance Areas identified in Section 2.1(16) along with such other City employees or other
contractors as are necessary to construct and maintain those park and public space enhancements
and accessibility improvements provided herein, and, in consideration of such services, the
Agency shall make Agency Payments to the City.
4.2.   Project Administration.
        The City shall be responsible for and shall oversee the construction, administration,
maintenance, and irrigation of the Project, including the payments to third parties for water and
electrical utilities and other Project services thereto, and shall account to the Agency for such
payments.
4.3.   Agency Payments.
        Within 45 days of receipt of periodic invoices from the City, accompanied by an
accounting for the Costs of the Project, the Agency shall pay from the Park and Public Space
Maintenance and Improvement Account reimbursing Agency Payments to the City equal to that
portion of the costs actually charged to and paid by the City which are directly attributable to the
improvements made by the Agency to the Project. Provided, however, the sum of the Agency
Payments shall not exceed $300,000, plus ten percent (10%) contingency . Upon receipt of the
Agency’s written approval of any such invoice and accounting, the City’s Director of Finance
may withdraw the Agency Payment directly from the Park and Public Space Maintenance and
Improvement Account. Although this Sec. 4-3 contemplates and references the production of
invoices, accountings and written approvals of invoices and accountings, these documents are
accumulated and retained for subsequent auditing purposes and the periodic initiation and
transfer of agency payments shall be accomplished through appropriate automated data
processing means.




                                             Page 7 of 16
ARTICLE 5: FINANCING
5.1.   General.
        The parties mutually acknowledge and agree that the aggregate Costs of the Project are
anticipated to exceed $300,000. This total cost will be paid as follows: Not exceeding $300,000
plus 10% contingency will be paid from Available Increment Revenues deposited in the Park
and Public Space Maintenance and Improvement Account on October 1, 2009, and all other
costs will be paid from other funds available to the City and set aside and committed for the
purpose of paying such costs.
5.2.   Park and Public Space Maintenance and Improvement Account.
       (1) The Agency covenants and agrees to establish an account separate and distinct from
the Redevelopment Trust Fund to be known as the Park and Public Space Maintenance and
Improvement Account in which the Available Increment Revenues shall be deposited and
disbursements made as provided herein. This account is intended to be and shall constitute an
escrow account for the purpose of funding a portion of the Costs of the Project, which have
increased as a result of improvements caused to be constructed or installed by the Community
Redevelopment Agency.
        (2) The Agency's Available Increment Revenues deposited in the Park and Public Space
Maintenance and Improvement Account shall constitute trust funds to secure the payments
required to be made by the Agency and until such transfer and deposit, the Agency shall act as
trustee of its moneys for the purposes thereof and such moneys shall be accounted for separate
and distinct from all other funds of the Agency and shall be used only as provided herein.
       (3) The Park and Public Space Maintenance and Improvement Account shall be
deposited and maintained in one or more banks, trust companies, national banking associations,
savings and loan associations, savings banks or other banking associations which are under
Florida law qualified to be a depository of public funds, as may be determined by the entity
maintaining possession and control of such funds and accounts.
5.3    Available Increment Revenues.
       (1) Intentionally omitted.
        (2) During the Fiscal Year commencing on October 1, 2009, the Agency covenants and
agrees with the City to transfer Available Increment Revenues from the Redevelopment Trust
Fund to the Park and Public Space Maintenance Improvement Account at the times and in the
amounts necessary to pay invoices submitted to the Agency by the City pursuant to Section 4.3
hereof.
      (3) The Agency hereby encumbers, commits and pledges the Available Increment
Revenues for the purposes of the transfers required by this Section 5.3.
        (4) The Agency covenants and agrees with the City and does hereby grant a lien in favor
of the City on the funds on deposit in the Park and Public Space Maintenance and Improvement
Account for the purposes set forth in this Agreement. Funds on deposit in this Park and Public


                                          Page 8 of 16
Space Maintenance and Improvement Account may only be used to pay the Costs of the Project.
Any funds remaining after all such costs have been paid shall be used only in the manner
authorized by Section 163.387(7), Florida Statutes.
5.4.   Intentionally omitted.
5.5.   City Payments.
       In consideration of the Agency agreeing to make the Agency Payments provided in
Section 4.3, the City covenants and agrees with the Agency to appropriate, authorize, disburse,
or otherwise make payments from available City revenues, all other payments necessary for the
Costs of the Project.
5.6.   Enforcement of Increment Revenues Collections.
        The Agency is currently receiving Increment Revenues, having taken all action required
by law to entitle it to receive the same, and the Agency will diligently enforce its rights to
receive the Increment Revenues and will not take any action which will impair or adversely
affect its right to receive such funds or impair or adversely affect in any manner the Agency's
covenant to budget and appropriate Available Increment Revenues for deposit to the Park and
Public Space Maintenance and Improvement Account. The Agency and the City covenant and
agree, so long as the Agency is required to make the Agency Payments, to take all lawful action
necessary or required to continue the entitlement of the Agency to receive the Increment
Revenues as now provided by law or may later be authorized, and to make the transfers required
by this Agreement. The City does hereby covenant and agree that, so long as the Agency is
required to make the Agency Payments, to timely budget, appropriate and pay into the
Redevelopment Trust Fund in each Fiscal Year the amount required of it to be so paid by the
Redevelopment Act. Notwithstanding any other provision herein to the contrary, the failure of
the enforcement of collection of Increment Revenues by the Agency will not relieve the City of
its obligations hereunder to pay the City Payment.
5.7.   No General Obligation.
        Nothing contained in this Agreement shall be deemed to create a debt, liability, or other
obligation of the Agency or the City or any other political subdivision of the State of Florida
within the meaning of any constitutional, statutory, charter or other provision or limitation, and
nothing contained herein shall be deemed to authorize or compel, directly or indirectly, the
exercise of the ad valorem taxing power of the City or any other political subdivision of the State
of Florida or taxation in any form on any real or personal property for the payment of any
amounts contemplated by or as provided in this Agreement, including the payment of any
principal of, premium, if any, and interest on any indebtedness relating to the Project.
ARTICLE 6: REPRESENTATIONS AND WARRANTIES
6.1.   Representations and Warranties of the Agency.
       The Agency represents and warrants to the City that each of the following statements is
presently true and accurate and can be relied upon by the City:



                                            Page 9 of 16
        (1) The Agency is the duly designated Community Redevelopment Agency of the City, a
validly existing body politic and corporate of the State of Florida, has all requisite corporate
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.
        (2) This Agreement and each document contemplated hereby to which the Agency is or
will be a party has been duly authorized by all necessary action on the part of, and has been or
will be duly executed and delivered by, the Agency and neither the execution and delivery
thereof, nor compliance with the terms and provisions thereof or hereof: (a) requires the approval
and consent of any other party, except such as have been or will be duly obtained, (b)
contravenes any existing law, judgment, governmental rule, regulation or order applicable to or
binding on the Agency or (c) contravenes or results in any breach of, default under or result in
the creation of any lien or encumbrance upon any party or the Agency, under any indenture,
mortgage, deed of trust, bank loan or credit agreement, the Agency's special acts, applicable
ordinances, resolutions or any other agreement or instrument to which the Agency is a party,
specifically including any covenants of any bonds, notes, or other forms of indebtedness of the
Agency outstanding on the Effective Date.
        (3) This Agreement and each document contemplated hereby to which the Agency is or
will be a party constitutes, or when entered into will constitute, a legal, valid and binding
obligation of the Agency enforceable against it 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.
       (4) There are no pending or, to the knowledge of the Agency, threatened actions or
proceedings before any court or administrative agency against the Agency, which question the
existence of the Agency, the determination of slum and blight in the Community Redevelopment
Area, the adoption or implementation of the Plan, the validity of this Agreement or any
instrument or document contemplated hereunder, or which are likely in any case or in the
aggregate to materially adversely affect the successful redevelopment of the Community
Redevelopment Area, the consummation of the transactions contemplated hereunder or the
financial condition of the Agency.
       (5) This Agreement does not violate any laws, ordinances, rules, regulations, orders,
contracts, or agreements that are or will be applicable to the Agency.

6.2.   Representations and Warranties of the City.
       The City represents and warrants to the Agency that each of the following statements is
presently true and accurate and can be relied upon by the Agency:
        (1) The City is a municipal corporation created under the laws of the State of Florida, has
all requisite corporate 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.




                                           Page 10 of 16
        (2) This Agreement and each document to which it is or will be a party has been duly
authorized by all necessary action on the part thereof, and has been or will be duly executed and
delivered by it and neither the execution and delivery thereof, nor compliance with the terms and
provisions thereof or hereof: (a) requires the approval and consent of any other party, except
such as been duly obtained, (b) contravenes any existing law, judgment, governmental rule,
regulation or order applicable to or binding on it, or (c) contravenes or results in any breach of,
default under or result in the creation of any lien or encumbrance upon it, under any indenture,
mortgage, deed or trust, bank loan or credit agreement, charter, applicable ordinances,
resolutions or any other agreement or instrument, specifically including any covenants of any
bonds, notes, or other forms of indebtedness outstanding on the Effective Date.
        (3) This Agreement and each document contemplated hereby constitutes, or when entered
in will constitute, a legal, valid and binding obligation enforceable against the City 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.
        (4) There are no pending or, to the knowledge of the City, threatened actions or
proceedings before any court or administrative agency against it, which question its existence,
the validity of this Agreement or any instrument or document contemplated hereunder, or which
are likely in any case or in the aggregate to materially adversely affect the consummation of the
transactions contemplated hereunder.
       (5) This Agreement does not violate any laws, ordinance, rules, regulations, orders,
contract, or agreements that are or will be applicable to the City.
ARTICLE 7: DEFAULT; TERMINATION
7.1.   Default by the Agency.
       (1) Provided the City is not in default under this Agreement as set forth in Section 7.2
hereof, there shall be an “event of default” by the Agency under this Agreement upon the
occurrence of any one or more of the following:
               (a) The Agency fails to perform or comply with any material provision of this
Agreement and such nonperformance shall have continued, after written notice thereof by the
City to the Agency; or
             (b) The Agency shall have failed or refused to make any of the Agency Payments
when due and payable; or
                (c) The Agency shall make a general assignment for the benefit of its creditors, or
shall admit in writing its inability to pay its debts as they become due or shall file a petition in
bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition seeking any
reorganization, readjustment, liquidation, dissolution or similar relief under any present or future
statute, law or regulation or shall file an answer admitting, or shall fail reasonably to contest, the
material allegations of a petition filed against it in any such proceeding, or shall seek or consent




                                            Page 11 of 16
to or acquiesce in the appointment of any trustee, receiver or liquidator of the Agency of any
material part of its properties; or
                (d) Within sixty (60) days after the commencement of any proceeding by or
against the Agency seeking any reorganization, readjustment, liquidation, dissolution or similar
relief under any present or future statute, law or regulation, such proceeding shall not have been
dismissed, or if, within sixty (60) days after the appointment without the consent or acquiescence
of the Agency or any trustee, receiver or liquidator of the Agency or of any material part of its
properties, such appointment shall not have been vacated.
        (2) If any “event of default” described in Subsection 7.1(1) hereof shall have occurred,
the City may, after giving thirty (30) days written notice of such event of default to the Agency,
and upon expiration of such thirty (30) day notice period. if such event of default has not been
cured, terminate this Agreement or institute an action seeking such remedies as are available to
the City, or both.
7.2.   Default by the City.
       (1) Provided the Agency is not then in default under this Agreement, there shall be an
“event of default” by the City to this Agreement under this Agreement upon the occurrence of
any the following:
               (a) The City does not perform as required hereunder and such nonperformance
shall have continued, after written notice thereof by the Agency to the City; or
               (b) The City shall have failed or refused to proceed with or cause the timely
completion of the Project.
       (2) If an "event of default" described in Subsection 7.2(1) hereof shall have occurred, the
Agency, after giving thirty (30) days written notice of such event of default to the City and upon
the expiration of such thirty (30) day period if such event of default has not been cured, may
terminate this Agreement or institute an action seeking such remedies as are available to the
Agency hereunder.
7.3.   Obligations, Rights and Remedies Not Exclusive.
        The rights and remedies specified herein to which either the Agency or the City are
entitled are not exclusive and are not intended to be to the exclusion of any other remedies or
means or redress to which any party hereto may otherwise lawfully be entitled.
7.4.   Non-Action or Failure to Observe Provisions of this Agreement.
       The failure of any party hereto to promptly insist upon strict performance of any term,
covenant, condition or provision of this Agreement, or any exhibit hereto or any other agreement
contemplated hereby shall not be deemed a waiver of any available right or remedy, and shall not
be deemed a waiver of a subsequent default or nonperformance of such term, covenant,
condition or provision.




                                           Page 12 of 16
7.5.   Effect of Termination.
       (1) Upon the occurrence of an event described in Section 7.1 or 7.2 hereof and receipt by
any party of an election to terminate this Agreement pursuant to Sections 7.1 or 7.2 hereof, then
this Agreement shall terminate and all obligations of any parties hereto shall then cease and be
released and no longer be of any force and effect.
       (2) In the event of a termination of this Agreement pursuant to this Section 7.5, no party
hereto shall be obligated or liable to any other in any way, financial or otherwise, for any claim
or matter arising from or as a result of this Agreement or any actions taken by any party hereto,
hereunder or contemplated hereby.
ARTICLE 8: MISCELLANEOUS
8.1.   Amendments.
        This Agreement may be amended by the mutual written agreement of all parties at any
time and from time to time, which amendments shall become effective upon filing thereof in the
public records of Escambia County, Florida, pursuant to Section 163.01(11), Florida Statutes.
8.2.   This Agreement Constitutes a Contract.
        All parties hereto acknowledge that they will rely on the pledges, covenants and
obligations created herein for the benefit of the parties hereto, and this Agreement shall be
deemed to be and constitute a contract amongst said parties as of it becoming effective as
provided in Section 8.12.
8.3.   Assignment.
        No party to this Agreement may, directly or indirectly, assign or transfer any or all of
their duties, rights, responsibilities, or obligations under this Agreement to any other party or
person not a party to this Agreement, without the express prior approval of the other party to this
Agreement.
8.4.   Severability.
        The provisions of this Agreement are severable, and it is the intention of the parties
hereto to confer the whole or any part of the powers herein provided for and if any of the
provisions of this Agreement or any other powers granted by this Agreement shall be held
unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court
shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared
to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and
executed had such unconstitutional, invalid or void provision or power not been included therein.
8.5.   Controlling Law; Venue.
       Any and all provisions of this Agreement and any proceeding seeking to enforce and
challenge any provision of this Agreement shall be governed by the laws of the State of Florida.
Venue for any proceeding pertaining to this Agreement shall be Escambia County, Florida.



                                            Page 13 of 16
8.6.   Members Not Liable.
        (1) All covenants, stipulations, obligations and agreements contained in this Agreement
shall be deemed to be covenants, stipulations, obligations and agreements of the City and the
Agency, respectively, to the full extent authorized by the Act and provided by the Constitution
and laws of the State of Florida.
        (2) No covenant, stipulation, obligation or agreement contained herein shall be deemed to
be a covenant, stipulation, obligation or agreement of any present or future individual member of
a governing body or agent or employee of the Agency or the City in its, his or their individual
capacity, and neither the members of the governing body of the Agency or the City or any
official executing this Agreement shall individually be liable personally or shall be subject to
any accountability by reason of the execution by the City or the Agency of this Agreement or
any act pertaining hereto or contemplated hereby.
8.7.   Expiration of Agreement.
       (1) Unless sooner terminated as provided in Article 7, this Agreement shall expire and
terminate on September 30, 2010.
        (2) The parties hereto covenant and agree that upon this Agreement expiring and
terminating all rights, privileges, obligations and responsibilities of any party hereunder shall
expire and be of no force and effect, except to the extent any provision hereof expressly survives
expiration as provided herein and survives termination as provided in Section 7.5.
       (3) Any funds remaining in the Park and Public Space Maintenance and Improvement
Account upon the expiration of this Agreement, which are not encumbered or obligated for any
payment shall be disbursed to each “taxing authority” in accordance with the rebate provisions of
Section 163.387(7), Florida Statutes.
8.8.   Third Party Beneficiaries.
        Nothing in this Agreement, expressed or implied, is intended or shall be construed to
confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or
claim, legal or equitable, under or by reason of this Agreement or any provision hereof.
8.9.   Notices.
        (1) Any notice, demand, direction, request or other instrument authorized or required by
this Agreement to be given or filed with a party hereto shall be deemed sufficiently given or filed
for all purposes of this Agreement if and when sent by registered mail, return receipt requested,
transmitted by a facsimile machine with confirmation of delivery, or by personal hand delivery:
       To the Agency:                 Community Redevelopment Agency of
                                      The City of Pensacola, Florida
                                      Post Office Box 12910
                                      Pensacola, Florida 32521-0001
                                      Attention: Administrator




                                           Page 14 of 16
        To the City:                  City of Pensacola
                                      Post Office Box 12910
                                      Pensacola, Florida 32521-0001
                                      Attention: City Manager
         (2) The addresses to which any notice, demand, direction or other instrument authorized
to be given or filed may be changed from time to time by a written notice to that effect delivered
to all the parties, which change shall be effective immediately or such other time as provided in
the notice.
        Until notice of a change of address is received, a party may rely upon the last address
received. Notice shall be deemed given, if notice is by mail on the date mailed to the address set
forth above or as changed pursuant to this Section 8.9.
8.10.   Execution of Agreement.
        This Agreement shall be executed in the manner normally used by the parties hereto. If
any officer whose signature appears on this Agreement ceases to hold office before all officers
shall have executed this Agreement or prior to the filing and recording of this Agreement or prior
to the filing and recording of this document as provided in Section 8.11 hereof, his or her
signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear
the signature of, or may be signed by, such individuals as at the actual time of execution of this
Agreement thereby shall be the proper and duly empowered officer to sign this Agreement and
this Agreement shall be deemed to have been duly and properly executed even though on the
Effective Date any such individual may not hold such office.
8.11.   Filing with County Clerk of the Court.
        The City Clerk is hereby authorized and directed after approval of this Agreement by the
Agency and the City Council and the execution hereof by the duly qualified and authorized
officers of each of the parties hereto as provided in Section 8.10 hereof, to submit this
Agreement to the Clerk of the Court of Escambia County, Florida, for filing in the public records
of Escambia County Florida, as provided by Section 163.01(11), Florida Statutes.
8.12.   Effective Date.
       This Agreement shall become effective immediately upon filing with the Clerk of the
Court of Escambia County, Florida, as provided in Section 163.01(11), Florida Statutes.
8.13.   City and Agency Not Liable.
        Nothing contained in this Agreement shall be construed or deemed, nor is intended, or
impose any obligation upon the City or the Agency except to the extent expressly assumed by
the City or the Agency, respectively.




                                           Page 15 of 16
       IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have
entered into this Interlocal Agreement as of the day and year first above written.


COMMUNITY REDEVELOPMENT AGENCY                 CITY OF PENSACOLA, FLORIDA
OF THE CITY OF PENSACOLA, FLORIDA

__________________________________             _________________________________
Alvin G. Coby, City Manager                    Alvin G. Coby, City Manager

Attest:                                        Attest:

_______________________________                _______________________________
Ericka L. Burnett, City Clerk                  Ericka L. Burnett, City Clerk


Approved as to Content:                        Approved as to Form and Execution:

__________________________________             _______________________________
Thaddeus L. Cohen,                             City Attorney
Community Development Director




                                     Page 16 of 16
Finance Committee
Subject: FY 2009 Supplemental Budget Resolution
September 21, 2009
Page Two

Overhead Transfers were adjusted based on the most recent Full Cost Allocation study. The
$170,700 appropriation in Contingency was originally set aside for employee compensation
adjustments. However, no employee pay adjustments were approved in fiscal year 2009 and
therefore the appropriation was eliminated. The transfer appropriation from the General
Fund to the Inspection Services Fund was provided due to the projected shortfall in revenue
within the Inspection Services Fund. The transfer appropriation from the General Fund to
the Stormwater Capital Fund was decreased based on decreased Stormwater Utility Fee
collections. The Personal Services & Operating appropriations have been decreased in
various departments to address the estimated decreased revenues. This is made possible
through various departmental savings within the General Fund.

The Fire and Police Retirement Plans receive State Insurance Proceeds from the Division of
Retirement each year which reduces the City’s contributions. Both the Fire and Police Plans
Insurance Proceeds will decrease for FY 2009 which will require an increase in the City’s
contributions. The Fire Pension will increase $139,000 over budget and the Police Pension
will increase $135,500 over budget.

Estimated revenue in the Local Option Gasoline Tax Fund was decreased based on the
decrease in revenues received from the State of Florida. Offsetting the decrease was a
reduction in funding for the FY 2009 Street Rehabilitation and Construction Projects of
which supplemental funding has been identified in the Penny for Progress Pavement
Management Program.

The decrease in the Sale of Assets in the Community Redevelopment Agency Fund is a result
of the termination of the Hawkshaw Property agreement. In December 2008, the City was
notified by Hawkshaw Eastside, Inc. that due to the present economic climate, coupled with
coordination issue relating to the wet retention facility, the closing anticipated on December
31, 2008 would not occur and thereby elected to terminate the agreement with the City of
Pensacola. The anticipated revenue of $1.4 million from the sale of this property had already
been appropriated towards various CRA projects. The City received a non-refundable
deposit of $140,000 which left a deficit of $1,260,000 within the CRA. Projects to be
reduced or delayed were identified and their budgets have been restricted in order to maintain
a balanced budget. The affected projects are:

Alcaniz Streetscape Phase II/Bayfront Parkway – First Year Funding - $485,000
Belmont/Devilliers Street - $125,000
Contingency - $60,000
Neighborhood Projects/Belmont DeVilliers Plan - $25,000
Neighborhood Projects/Parks Infrastructure - $15,000
Palafox Market Place - $50,000
Palafox Two-Way – Garden to Government - $75,000
South 9th Avenue Regional Stormwater Facility - $425,000

The reduction in expenditures are included in this resolution.
Finance Committee
Subject: FY 2009 Supplemental Budget Resolution
September 21, 2009
Page Three

Estimated revenue in the Hurricane Damage Fund was increased based on anticipated
revenue from the Federal, State, City and Insurance proceeds. An appropriation is being
made in the Hurricane Damage Fund to cover expenditures.

Estimated revenues in the Inspection Services Fund are decreased based on the results from
the downturn in the housing market and building industry. Additionally, the Overhead
Transfer to the General Fund was eliminated for Fiscal Year 2009 in order to allow the
Inspection Services Fund to maintain a balanced budget. Additionally, a transfer of $150,000
from the General Fund has been appropriated in order to assist the Inspection Services Fund
to maintain a balanced budget.

Revenue was increased in the Local Option Sales Tax Fund due to the additional receipts
received.     Appropriations have been made totaling $1,775,175 for various capital
improvement projects in accordance with Council’s approval of the Penny for Progress
Projects at the August 2009 Budget Workshop.

The fund balance drawdown of Bond Proceeds is due to the appropriations for the ESP/BOA.
The unexpended portion of the budget will be carried forward to FY 2010 in the December
2009 resolution.

A decrease in the appropriation for the Sanitation Fuel Surcharge Revenue was possible due
to the reduction in fuel costs. A transfer from the Insurance Retention Fund has been
appropriated for the loan to fund the recycling containers needed for the implementation of
the citywide curbside recycling program. As approved by Council in March 2009.

Port Grant Revenue has been increased to recognize additional grants that have been awarded
to the Port of Pensacola. Additionally, due to the economic conditions and the impact on all
port business lines various Port revenues have been decreased to address the downturn.
Offsetting the decline in revenues is a reduction in the Port’s loan payment to the Insurance
Retention Fund. The loan has been restructured to provide a more affordable repayment plan
to assist the Port through this economic downturn. With these changes, the Port Reserves
balance is estimated to be $239,633.

Airport Grant Revenue has been increased to recognize the additional grants within the
Airport Fund. The fund balance drawdown of Bond Proceeds is due to the Airport
Expansion project. As with Energy Services of Pensacola, the unexpended portion of the
budget will be carried forward to FY 2010 in the December 2009 resolution

PRIOR ACTION:

In November 2008 City Council approved a resolution covering purchase orders payable. In
December 2008 a resolution covering unencumbered carryover was approved.
Finance Committee
Subject: FY 2009 Supplemental Budget Resolution
September 21, 2009
Page Four


FUNDING:                      No additional City funds are required.

FINANCIAL IMPACT:

Approval of the resolution provides for a balanced budget for fiscal year 2009.

ATTACHMENTS:                  (1) Budget Resolution Explanation
                              (2) Budget Resolution

STAFF CONTACT:                Richard Barker, Jr., Director of Finance

PRESENTATION:                 None
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                                     ACCOUNT
FUND                                                                 NUMBER           AMOUNT                                    DESCRIPTION

A. GENERAL FUND                                                001
Estimated Revenues:
     Communication Services Tax                                         593-315100      81,400    Increase estimated revenue from Communication Service Tax.
     Franchise Fees                                                     592-323XXX      73,500    Increase estimated revenue from Franchise Fees
     Tree/Landscape                                                     533-369993      68,376    Appropriate estimated revenue from Tree Trust Fund Revenue
     Escambia County School Board - DARE & SRO                          521-349007      64,300    Increase estimated revenue from Esc School Board DARE & SRO
     Interest Income                                                    591-361101      50,000    Increase estimated revenue from Interest Income
     Firefighter Supp Comp                                              522-335217      31,500    Appropriate estimated revenue from Firefighter Supp Comp
     State Revenue Sharing - Motor Fuel Tax                             591-335122      29,900    Increase estimated revenue from State Revenue Sharing -Motor Fuel Tax
     Boat Launch Fees                                                   571-347217      25,100    Appropriate estimated revenue for Boat Launch Fees
     Fire Permit Fees                                                   521-329017      17,900    Appropriate estimated revenue from Fire Permits
     Beverage License Tax                                               591-335151      12,900    Increase estimated revenue from Beverage License Tax
     Current Ad Valorem Taxes                                           591-311100      12,100    Increase estimated revenue from Ad Valorem Taxes.
     Sale of Assets                                                     595-364003       7,000    Increase estimated revenue from Sale of Assets
     Traffic Signals (State)                                            541-344902       5,100    Increase estimated revenue from Traffic Signals (State)
     Court Fines                                                        521-351100      (4,100)   Decrease estimated revenue from Court Fines
     Delinquent Tax                                                     591-361104      (5,000)   Decrease estimated revenue from Interest - Delinquent Property Tax
     Street Light Maintenance (State)                                   541-344903     (19,600)   Decrease estimated revenue from Street Light Maintenance (State)
     Local Business Tax                                                 591-335122     (24,400)   Decrease estimated revenue from Local Business Tax
     Public Services Taxes                                              592-314XXX     (34,400)   Decrease estimated revenue from Public Service Taxes.
     Traffic Fines                                                      521-351135     (43,800)   Decrease estimated revenue for Traffic Fines
     State Right of Way Maintenance                                     541-344901     (64,400)   Decrease estimated revenue from State Right of Way Maintenance
     State Revenue Sharing - Sales Tax                                  591-335123     (73,500)   Decrease estimated revenue from State Revenue Sharing -Sales Tax
     Miscellaneous Revenue                                              598-366901    (100,000)   Decrease estimated revenue from Miscellaneous Revenue
     Half-Cent Sales Tax                                                591-335180    (372,800)   Decrease estimated revenue from Half-Cent Sales Tax
         Total Revenues                                                               (262,924)
Appropriations:
(1) Tree Trust Fund
     Agricultural Supplies                                             088001-9355     68,376     Increase appropriation for Tree Trust Fund - Replacement of Trees
(2) Various Departments
     Personal Services and Operating Expense Account Savings          XXXXXX-9XXX     (502,080)   Decrease appropriation for various Personal Service & Operating Accounts
     Overhead Transfers/Cost Recovery                                 XXXXXX-9992      (36,920)   Increase appropriation for Overhead Transfers/Cost Recovery
     Contingency - Reserved - Compensation Adjustments                 087005-9993    (170,700)   Decrease appropriation for Compensation Adjustments
(3) Fire Department
     Fire Pension                                                      047XXX-9115    129,300     Increase appropriation for Fire Pension
(4) Police Department
     Police Pension                                                    048XXX-9116    121,800     Increase appropriation for Police Pension
(5) Interfund Transfers
     Transfer to Inspection Services Fund                        301001-9991-999122    150,000    Appropriate Funding to Transfer to Inspection Services Fund
     Transfer to Stormwater Capital Projects Fund                301001-9991-999329    (22,700)   Decrease appropriation to Transfer to Stormwater Capital Projects Fund
         Total Appropriations                                                         (262,924)
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                  ACCOUNT
FUND                                              NUMBER            AMOUNT                                      DESCRIPTION

B. SPECIAL GRANTS FUND                      102
Estimated Revenues:
     Federal and State Grants                           3XXXXX     1,937,843     Increase estimated revenue for grants.
        Total Estimated Revenues                                   1,937,843
Appropriations:
     Various Grants                                         9XXX   1,937,843     Increase appropriation for grants.

C. LOCAL OPTION GASOLINE TAX FUND           103
Estimated Revenues:
     6-Ct Local Option Gasoline Tax                  591-312410     (100,000)    Decrease estimated revenue for 6-Ct Local Option Gasoline Tax
     Interest Income                                 594-361103       23,400     Appropriate estimate revenue for Interest Income
        Total Estimated Revenues                                     (76,600)
Appropriations:

(1) Road and Street Construction Projects
    Construction Work In Progress                   049000-9669     (100,000)    Decrease appropriation for FY 09 Road and Street Construction Projects
(3) Overhead Transfers
    Overhead Transfers                       049000-9992-998XXX       23,400     Increase appropriation for Allocated Overhead

       Total Appropriations                                          (76,600)

D. COMMUNITY DEVELOPMENT BLOCK GRANT FUND   104
Estimated Revenues:
     CDBG Housing Rehabilitation                     552-331541      320,376     Increase estimated revenue for CDBG Housing Rehabilitation
        Total Estimated Revenues                                     320,376
Appropriations:
     Aid to Private Agencies                  506020-9882-104305      60,000     Increase appropriation for Grants.
     Construction Work In Progress            506020-9669-104386     260,376     Increase appropriation for Construction Work In Progress
        Total Appropriations                                         320,376

E. COMMUNITY REDEV AGENCY FUND              105
Estimated Revenues:
     PSA Reserved Parking                            531-344505         8,200    Increase estimated revenue from PSA Reserved Parking
     Interfund Transfer - Fund 106                   596-381106        70,000    Increase estimated revenue from Interfund Transfer - Fund 106
     Sale of Assets                                  595-364003    (1,260,000)   Decrease estimated revenue from Sales of Assets - Hawkshaw Property
        Total Estimated Revenues                                   (1,181,800)
Appropriations
(1) CRA Tax Increment
     Other Contractual Services                     507010-9357      122,900     Increase appropriation for Other Contractual Services
     Overhead Transfers                      507010-9992-998XXX      (44,700)    Decrease appropriation for Overhead Transfer
(2) CRA Capital Projects
     Construction Work In Progress                  507040-9669    (1,260,000)   Decrease appropriation for Construction Work In Progress
        Total Appropriations                                       (1,181,800)
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                                 ACCOUNT
FUND                                                             NUMBER           AMOUNT                                   DESCRIPTION

F. URBAN CORE REDEVELOPMENT FUND                           106
Estimated Revenues:
     Interest Income                                                594-361103     70,000    Appropriate estimated revenue from Interest Income
        Total Estimated Revenues                                                   70,000
Appropriations
(1) Interfund Transfers
     Operating Transfer to Fund 105                          301106-9991-999105    70,000    Increase appropriation for Transfer to Fund 105
        Total Appropriations                                                       70,000

G. WEST FLA PUBLIC LIBRARY FUND                            108
Estimated Revenues:
     Escambia Library Grant                                         572-334711    (23,600)   Decrease estimated revenue from State Escambia Library Grant
     Fines-Library-Escambia                                         571-352000     14,200    Increase estimated revenue from Escambia Library Fines
     Escambia/Pensacola Library Donation                            572-366902      4,000    Appropriate estimated revenue from Esc/Pensacola Library Donations.
        Total Estimated Revenues                                                   (5,400)

Appropriations:
    Various Personal Services & Operating Accounts                1080XX-9XXX      (9,700)   Decrease appropriation for various Personal Service & Operating Accounts
    Police Pension                                                 108016-9116        900    Increase appropriation for Police Pension
    Overhead Transfers                                      1080XX-9992-998XXX      3,400    Increase appropriation for Overhead Transfer
       Total Appropriations                                                        (5,400)

H. STORMWATER UTILITY FUND                                 109
Estimated Revenues
     Stormwater Utility Fees                                        531-343910    (22,700)   Decrease estimated revenue from Stormwater Utility Fees.
     Delinquent Stormwater Fee                                      531-354506     (4,500)   Decrease estimated revenue from Delinquent Stormwater Fees
     Interest Income                                               532-3661103    (10,000)   Decrease estimated revenue from Interest Income
        Total Estimated Revenues                                                  (37,200)

Appropriations:
(1) Stormwater
    Repairs & Maintenance                                          109103-9333    (13,850)   Decrease appropriation for Repairs & Maintenance
    Overhead Transfers                                      1091XX-9992-998XXX     (4,800)   Decrease appropriation for Overhead Transfer
(2) Street Cleaning
    Repairs & Maintenance                                          109203-9333     (7,250)   Decrease appropriation for Repairs & Maintenance
    Maintenance & Repair of Vehicles                               109203-9345     (6,600)   Decrease appropriation for Maintenance & Repair of Vehicles
    Overhead Transfers                                      1092XX-9992-998XXX     (4,700)   Decrease appropriation for Overhead Transfer
       Total Appropriations                                                       (37,200)

I.   SECTION 8 HOUSING ASSISTANCE FUND                     115
Estimated Revenues:
                                                                                             Appropriate estimated revenue for Veterans Affairs Supportive Housing
    Veterans Affairs Supportive Housing Revenue                     552-331579    180,872
                                                                                             Grants
                                                                                             Appropriate estimated revenue for Family Self Sufficiency Administrative
    Family Self Sufficiency Administrative Grant Revenue            552-331589     30,225
                                                                                             Grants
    Federal Shared - Voucher-HAP Revenue                            552-331571    354,839    Increase estimated revenue for Voucher-HAP
      Total Estimated Revenues                                                    565,936
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                            ACCOUNT
FUND                                                        NUMBER            AMOUNT                                     DESCRIPTION


Appropriations:
    Rebenchmarking-Rentals                              520030-9341-605014     354,839     Increase appropriation for Rebenchmarking Grants
    Family Self Sufficiency Administrative-Salaries     520030-9111-605019      30,225     Increase appropriation for Family Self Sufficiency Administrative Grant
    Veterans Affairs Supportive Housing-Rentals         520030-9341-605024     180,872     Increase appropriation for Veterans Affairs Supportive Housing Grants
    Liability Insurnce                                  520030-9346-078000      50,180     Increase appropriation for Liability Insurance
    Overhead Transfers                                  520030-9992-605006     (50,180)    Decrease appropriation for Overhead Transfer
       Total Appropriations                                                    565,936

J. HURRICANE DAMAGE FUND                              119
Estimated Revenues
     Federal/State/City/Insurance Proceeds                    999-XXXXXX      3,111,700    Appropriate estimated revenue for Federal/State/City/Insurance Proceeds
     Interest Income                                           594-361103        33,400    Appropriate estimated revenue for Interest Income
        Total Estimated Revenues                                              3,145,100
Fund Balance                                                                 (1,645,100)   Decrease appropriated Fund Balance.
         Total Estimated Revenues and Fund Balance                            1,500,000
Appropriations
     Non-Dept. Hurricane Damage-Various Accounts              526000-9XXX    1,500,000     Appropriate funding to cover hurricane expenditures.
         Total Appropriations                                                1,500,000

K. INSPECTION SERVICES FUND                           122
Estimated Revenues

    Plumbing Permits                                           521-329003      (55,000)    Decrease estimated revenue for Plumbing Permits
    Gas Permits                                                521-329002      (14,500)    Decrease estimated revenue for Gas Permits
    Mechanical Permits                                         521-329007      (67,200)    Decrease estimated revenue for Mechanical Permits
    Miscellaneous Permits                                      521-329014      (20,500)    Decrease estimated revenue for Miscellaneous Permits
    Electrical Permits                                         521-329001     (140,000)    Decrease estimated revenue for Electrical Permits
    Building Permit Revenue                                    521-322000     (177,800)    Decrease estimated revenue for Building Permits
    Interfund Transfer (Fund 001)                              596-381001      150,000     Appropriate estimated revenue for Transfer from General Fund
       Total Estimated Revenues                                               (325,000)
Appropriations:
    Various Personal Service and Operating Accounts           022000-91XX      (97,500)    Decrease appropriation for Personal Services and Operating Expenses
    Overhead Transfers                                 02200X-9992-998XXX     (227,500)    Decrease appropriation for Overhead Transfer
       Total Appropriations                                                   (325,000)

L. LOCAL OPTION SALES TAX FUND                        307
Estimated Revenues:
                                                                                           Increase estimated revenue from 1-Cent Local Option Sales tax based on
    1-Cent Local Option Sales Tax                              591-312601      496,000
                                                                                           projected collections
       Total Estimated Revenues                                                496,000
Fund Balance                                                                 1,279,176     Increase appropriated Fund Balance.
       Total Estimated Revenues and Fund Balance                             1,775,176
Appropriations:
    Various Capital Projects                          330XXX-9XXX-XXXXXX     1,775,176     Appropriate funding for Various Capital Improvement Projects

Total Appropriations                                                         1,775,176
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                           ACCOUNT
FUND                                                       NUMBER          AMOUNT                                    DESCRIPTION

M. STORMWATER CAPITAL PROJECT FUND                   329
Estimated Revenues:
     Interfund Transfers (from Fd. 001)                       596-381001     (22,700)   Decrease estimated revenue from General Fund Transfer.
         Total Estimated Revenues                                            (22,700)
Appropriations:
     Stormwater Vaults City-Wide                             329160-9669     (53,700)   Decrease appropriation for Stormwater Vaults City-Wide
     Overhead Transfers                               329100-9992-998XXX      31,000    Increase appropriation for Overhead Transfer
Total Appropriations                                                         (22,700)

N.   GAS UTILITY FUND                                401
Fund Balance                                                               4,600,000    Increase appropriated Fund Balance ($4.6 Million ESP/BOA)
Appropriations
(1) Various Personal Services & Operating Accounts          05XXXX-9XXX     (210,800)   Decrease appropriation for Various Personal Service & Operating Accounts
(2) ESP/BOA - Bank of America
     Other Contractual Services                              220006-9357   4,600,000    Appropriate funding for ESP/BOA - Bank of America
(3) Interfund Transfer Activity
     Overhead Transfers                               301401-9992-998XXX     210,800    Increase appropriation for Allocated Overhead
Total Appropriations                                                       4,600,000

O. SANITATION FUND                                   402
Estimated Revenues:
     Sanitation Fuel Surcharge                                421-343409    (167,700)   Decrease estimated revenue for Sanitation Fuel Surcharge
     New Account Fee                                          421-343407      17,200    Increase estimated revenue for New Account Fee
     Transfer Fee                                             421-343408     (15,000)   Decrease estimated revenue for Transfer Fee
     Bulk Item Collection Charges                             421-343402     (54,400)   Increase estimated revenue for Bulk Item Collection Charges
     Fines-Code Enforcement Violation                         421-354200     (21,600)   Decrease estimated revenue for Fines-Code Enforcement Violations
     Business Refuse Container Charges                        421-343405      (2,100)   Increase estimated revenue for Business Refuse Container Charges
     Lien Amnesty Foreclosures                                421-354212      32,000    Approprate estimated revenue for Lien Amnesty Foreclosures
     Zoning/Housing Code Enforcement                          421-343495      60,000    Appropriate estimated revenue for Zoning/Housing Code Enforcement
     Interest Income                                          494-361103     (22,500)   Decrease estimated revenue for Interest Income
     Sale of Assets                                           495-364003      38,500    Increase estimated revenue for Sale of Assets
     Franchise Fees                                           421-343423    (119,400)   Decrease estimated revenue for Franchise Fees
        Total Estimated Revenues                                            (255,000)
Fund Balance                                                                 803,010    Increase appropriated Fund Balance
        Total Estimated Revenues and Fund Balance                            548,010
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                          ACCOUNT
FUND                                                      NUMBER            AMOUNT                                     DESCRIPTION

Appropriations
(1) Various Sanitation Activities
    Various Personal Service & Operating Accounts          057XXX-9XXX      (297,500)    Decrease appropriation for various Personal Service & Operating Accounts
    Fuels & Lubricants                              057XXX-9348-XXXXXX      (167,700)    Decrease appropriation for Fuels & Lubricants
(2) Residential Garbage
                                                                                         Appropriate funding for Principal Payment of Curbside Refuse Truck Loan to
    Principal                                         057010-9771-012001      79,000
                                                                                         Insurance Retention Fund
(3) Recycling Collection
                                                                                         Appropriate funding for Small Tools & Minor Equipment - Purchase of
    Small Tools & Minor Equipment                           057015-9334      803,010
                                                                                         Recycling Containers (Loan from Insurance Retention Fund $803,010)
                                                                                         Appropriate funding for Principal Payment of Curbside Recycling Loan to
    Principal                                         057015-9771-012003      80,300
                                                                                         Insurance Retention Fund
                                                                                         Appropriate funding for Interest Payment of Curbside Recycling Loan to
    Interest                                          057015-9772-012003       6,100
                                                                                         Insurance Retention Fund
(4) Code Enforcement
    Police Pension                                          057040-9116        5,500     Increase appropriation for Police Pension
(5) Trash Collection Activity
                                                                                         Appropriate funding for Principal Payment of Curbside Refuse Truck Loan to
    Principal                                         057050-9771-012001      23,600
                                                                                         Insurance Retention Fund
                                                                                         Appropriate funding for Principal Payment of Knuckleboom Truck Loan to
    Principal                                         057050-9771-012002      64,900
                                                                                         Insurance Retention Fund
(6) Interfund Transfer Activity
     Overhead Transfers                              0570XX-9992-998XXX      (49,200)    Decrease appropriation for Allocated Overhead
Total Appropriations                                                         548,010

P. PORT FUND                                        403
Estimated Revenue
     Various Port Revenues                                  4XX-3XXXXX     (1,036,800)   Decrease estimated revenue for Various Port Revenues
     State Grant Contributions                                  334XXX        986,600    Increase estimated revenue for State Grants
        Total Estimated Revenues                                              (50,200)
                                                                                         Increase appropriated Fund Balance. (From Reserves Leaving $239,633
Fund Balance                                                                 628,300
                                                                                         Estimated Balance)
        Total Estimated Revenues and Fund Balance                            578,100

Appropriations
(1) Port Construction-State
     Construction Work in Progress                   062010-9669-XXXXXX      986,600     Increase appropriation for Grant Expenditures.
(2) Port Debt Service
     Principal                                        061010-9771-011042    (199,300)    Decrease appropriation for Principal (Insurance Retention Fund)
(3) Principal Reserve
     Principal                                              087010-9771     (165,000)    Decrease appropriation for Principal Reserve
(4) Interfund Transfers Activity
     Overhead Transfers                              301403-9992-998XXX      (44,200)    Decrease appropriation for Overhead Transfer
Total Appropriations                                                         578,100
THE CITY OF PENSACOLA
SEPTEMBER 2009 BUDGET RESOLUTION EXPLANATION

                                                             ACCOUNT
FUND                                                         NUMBER            AMOUNT                                      DESCRIPTION

Q. AIRPORT FUND                                        404
Estimated Revenue
     Federal Grant Revenue                                      443-331499     1,000,000    Increase estimated revenue for Federal Grants
     State Grant Revenue                                        443-334499       400,500    Increase estimated revenue for State Grants
        Total Estimated Revenues                                               1,400,500
Fund Balance                                                                  12,246,100    Increase appropriated Fund Balance.
        Total Estimated Revenues and Fund Balance                             13,646,600

Appropriations
                                                                                            Decrease appropriation for Various Personal Services and Operating
(1) Various Personal Services and Operating Accounts          064XXX-9XXX       (210,700)
                                                                                            Accounts
(2) Airport Security
    Police Pension                                             064010-9116         7,300    Increase appropriation for Police Pension
(3) ARFF
    Fire Pension                                               064090-9115         9,800    Increase appropriation for Fire Pension
(4) Capital Improvement Account
    Construction Work In Progress                       064095-9669-XXXXXX     3,500,000    Increase appropriation for Construction Work In Progress
(5) Airport Construction - Federal
    Construction Work In Progress                        066030-9669-404441    1,000,000    Increase appropriation for Construction Work In Progress - Federal Grants
(6) Airport Construction - State
    Construction Work In Progress                        066040-9669-404385     400,500     Increase appropriation for Construction Work In Progress - State Grants
(7) PFC Bonds - Series 2008
    Construction Work In Progress                        066052-9669-404441    5,746,100    Increase appropriation for Construction Work In Progress - PFC Bonds
(8) Airport Expansion - Bonds GARBS 2008
    Construction Work In Progress                        073017-9669-404451    3,000,000    Increase appropriation for Airport Expansion - Bonds GARBS 2008
(9) Interfund Transfer Activity
    Overhead Transfers                                  301404-9992-998XXX       193,600    Increase appropriation for Overhead Transfer
        Total Appropriations                                                  13,646,600

R. INSURANCE RETENTION FUND                            503
Estimated Revenue
     Charges for Risk Management Services                       999-380402      102,000     Increase estimated revenue for Charges for Risk Management Services
       Total Estimated Revenues                                                 102,000

Appropriations
(1) Risk Management Activity
     Liability Insurance                                 510005-9346-078000     102,000     Increase appropriation for Liability Insurance
Total Appropriations                                                            102,000

S. SPECIAL ASSESSMENT FUND                             701
Fund Balance                                                                    142,400     Increase appropriated Fund Balance
Appropriations
(1) Alcaniz Underground Utilities Special Assessment
     Other Non Operating                                       527031-9999      142,400     Appropriate funding for Alcaniz Undergound Utilities Special Assessment
Total Appropriations                                                            142,400
                                          RESOLUTION
                                          NO.

                                            A RESOLUTION
                                            TO BE ENTITLED:

          A  RESOLUTION    AUTHORIZING     AND MAKING REVISIONS  AND
          APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009;
          PROVIDING FOR AN EFFECTIVE DATE.

      BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PENSACOLA, FLORIDA

          SECTION 1. The following appropriations from funds on hand in the fund accounts stated below, not
heretofore appropriated, and transfer from funds on hand in the various accounts and funds stated below,
heretofore appropriated, be, and the same are hereby made, directed and approved to-wit:



                                           A. GENERAL FUND

To:           001-521-329017              Fire Permit Fees                                          17,900

To:           001-533-369993              Miscellaneous - Tree/Landscape                            68,376

To:           001-522-335217              Firefighter Supp Comp                                     31,500

To:           001-571-347217              Boat Launch Fees                                          25,100

As Reads:     001-591-311100              Current Ad Valorem Taxes                              13,799,300
Amended
To Read:      001-591-311100              Current Ad Valorem Taxes                              13,811,400

As Reads:     001-592-314XXX              Public Service Taxes                                   5,958,900
Amended
To Read:      001-592-314XXX              Public Service Taxes                                   5,924,500

As Reads:     001-593-315100              Communications Services Tax                            3,898,600
Amended
To Read:      001-593-315100              Communications Services Tax                            3,980,000

As Reads:     001-591-316000              Local Business Tax                                       917,400
Amended
To Read:      001-591-316000              Local Business Tax                                       893,000

As Reads:     001-592-313XXX              Franchise Fees                                         7,992,500
Amended
To Read:      001-592-313XXX              Franchise Fees                                         8,066,000
As Reads:   001-591-335122   State Revenue Sharing-Motor Fuel    598,600
Amended
To Read:    001-591-335122   State Revenue Sharing-Motor Fuel    628,500

As Reads:   001-591-335123   State Revenue Sharing-Sales Tax    1,649,200
Amended
To Read:    001-591-335123   State Revenue Sharing-Sales Tax    1,575,700

As Reads:   001-591-335151   Beverage License Tax                 73,700
Amended
To Read:    001-591-335151   Beverage License Tax                 86,600

As Reads:   001-591-335180   Half-Cent Sales Tax                3,757,800
Amended
To Read:    001-591-335180   Half-Cent Sales Tax                3,385,000

As Reads:   001-541-344901   State Right-of-Way Maintenance      490,200
Amended
To Read:    001-541-344901   State Right-of-Way Maintenance      425,800

As Reads:   001-541-344902   Traffic Signals (State)             105,100
Amended
To Read:    001-541-344902   Traffic Signals (State)             110,200

As Reads:   001-541-344903   Street Light Maintenance (State)    129,700
Amended
To Read:    001-541-344903   Street Light Maintenance (State)    110,100

As Reads:   001-521-349007   ECDSB/DARE & SRO                    217,000
Amended
To Read:    001-521-349007   ECDSB/DARE & SRO                    281,300

As Reads:   001-521-351100   Court Fines                          21,100
Amended
To Read:    001-521-351100   Court Fines                          17,000

As Reads:   001-521-351135   Traffic Fines                       193,800
Amended
To Read:    001-521-351135   Traffic Fines                       150,000

As Reads:   001-591-361101   Interest Income                     250,000
Amended
To Read:    001-591-361101   Interest Income                     300,000

As Reads:   001-591-361104   Delinquent Tax                       10,000
Amended
To Read:    001-591-361104   Delinquent Tax                        5,000
As Reads:    001-595-364003             Sale of Assets                                    50,000
Amended
To Read:     001-595-364003             Sale of Assets                                    57,000

As Reads:    001-598-369901             Miscellaneous Revenue                            400,000
Amended
To Read:     001-598-369901             Miscellaneous Revenue                            300,000

(1) Tree Trust Fund
To:           001-088001-9355           Agricultural Supplies                             68,376

(2) Various Departments
As Reads:    001-XXXXXX-9XXX            Personal Services & Operating Accounts         38,466,860
Amended
To Read:     001-XXXXXX-9XXX            Personal Services & Operating Accounts         37,964,780

As Reads:    001-XXXXXX-9992            Overhead Transfers/Cost Recovery               (3,559,100)
Amended
To Read:     001-XXXXXX-9992            Overhead Transfers/Cost Recovery               (3,596,020)

As Reads:    001-087005-9993            Contingency (Compensation Adjustments)           170,700
Amended
To Read:     001-087005-9993            Contingency (Compensation Adjustments)                  0

(3) Fire Department
As Reads:     001-047XXX-9115           Fire Pension                                    2,731,100
Amended
To Read:      001-047XXX-9115           Fire Pension                                    2,860,400

(3) Police Department
As Reads:     001-048XXX-9116           Police Pension                                  2,414,800
Amended
To Read:      001-048XXX-9116           Police Pension                                  2,536,600

(3) Interfund Transfers
To:            001-301001-9991-999122   Transfer to Inspection Services Fund             150,000

As Reads:    001-301001-9991-999329     Transfer to Stormwater Capital Projects Fund    1,909,000
Amended
To Read:     001-301001-9991-999329     Transfer to Stormwater Capital Projects Fund    1,886,300
                                       B. SPECIAL GRANTS FUND

As Reads:     102-3XXXXX                 Special Grant Revenues            832,260
Amended
To Read:      102-3XXXXX                 Special Grant Revenues           2,770,103

As Reads:     102-XXXXXX-9XXX            Special Grant Appropriations      970,854
Amended
To Read:      102-XXXXXX-9XXX            Special Grant Appropriations     2,908,697

                                  C. LOCAL OPTION GASOLINE TAX FUND

As Reads:     103-591-312410             6-CT Local Option Gasoline Tax   1,680,000
Amended
To Read:      103-591-312410             6-CT Local Option Gasoline Tax   1,580,000

As Reads:     103-594-361103             Interest Income                     5,000
Amended
To Read:      103-594-361103             Interest Income                    28,400

(1) FY 08 Street Rehabilitation
As Reads:     103-049000-9669            Construction Work In Progress     168,000
Amended
To Read:      103-049000-9669            Construction Work In Progress      68,000

(2) Overhead Transfers
As Reads:    103-049000-9992             Overhead Transfers                  9,200
Amended
To Read:     103-049000-9992             Overhead Transfers                 32,600

                         D. COMMUNITY DEVELOPMENT BLOCK GRANT FUND

As Reads:     104-552-331541             CDBG Federal Drawdown            1,213,300
Amended
To Read:      104-552-331541             CDBG Federal Drawdown            1,533,670

As Reads:     104-506020-9882            Aid to Private Agencies           837,013
Amended
To Read:      104-506020-9882            Aid to Private Agencies           897,013

As Reads:     104-506020-9669            Construction Work In Progress       2,990
Amended
To Read:      104-506020-9669            Construction Work In Progress     263,366
                             E. COMMUNITY REDEVELOPMENT AGENCY FUND

As Reads:       105-531-344505         PSA Reserved Parking               3,900
Amended
To Read:        105-531-344505         PSA Reserved Parking              12,100

As Reads:       105-596-381106         Interfund Transfer - Fund 106   4,518,223
Amended
To Read:        105-596-381106         Interfund Transfer - Fund 106   4,588,223

As Reads:       105-595-364003         Sale of Assets                  1,923,900
Amended
To Read:        105-595-364003         Sale of Assets                   663,900

(1)   CRA Tax Increment

As Reads:       105-507010-9357        Other Contractual Services       778,100
Amended
To Read:        105-507010-9357        Other Contractual Services       901,000

As Reads:       105-507010-9992        Overhead Transfers               429,800
Amended
To Read:        105-507010-9992        Overhead Transfers               385,100

(2)   CRA Capital Projects

As Reads:       105-507040-9669        Construction Work In Progress   1,260,000
Amended
To Read:        105-507040-9669        Construction Work In Progress          0

                             F. URBAN CORE REDEVELOPMENT TRUST FUND

To:             106-594-361103         Interest Income                   70,000

(1)   Interfund Transfers

As Reads:       106-301106-9991        Transfers                       4,947,823
Amended
To Read:        106-301106-9991        Transfers                       5,017,823
                                 G. WEST FLORIDA PUBLIC LIBRARY FUND

To:            108-572-366902            Escambia/Pensacola Library Donation                 4,000

As Reads:      108-572-334711            Escambia Library Grant                            158,300
Amended
To Read:       108-572-334711            Escambia Library Grant                            134,700

As Reads:      108-571-352000            Fines-Library-Escambia                             67,800
Amended
To Read:       108-571-352000            Fines-Library-Escambia                             82,000

As Reads:      1080XX-9XXX               Various Personal Services & Operating Accounts   4,360,800
Amended
To Read:       1080XX-9XXX               Various Personal Services & Operating Accounts   4,351,100

As Reads:      108016-9116               Police Pension                                     40,200
Amended
To Read:       108016-9116               Police Pension                                     41,100

As Reads:      108-108010-9992           Overhead Transfers                                342,600
Amended
To Read:       108-108010-9992           Overhead Transfers                                346,000

                                     H. STORMWATER UTILITY FUND

As Reads:      109-531-343910            Stormwater Utility Fees                          1,899,000
Amended
To Read:       109-531-343910            Stormwater Utility Fees                          1,876,300

As Reads:      109-531-354506            Delinquent Stormwater Fee                          10,000
Amended
To Read:       109-531-354506            Delinquent Stormwater Fee                           5,500

As Reads:      109-532-361103            Interest Income                                    35,000
Amended
To Read:       109-532-361103            Interest Income                                    25,000

(1)   Stormwater

As Reads:      109-109103-9333           Repairs & Maintenance                              58,000
Amended
To Read:       109-109103-9333           Repairs & Maintenance                              44,150

As Reads:      109-109103-9992           Overhead Transfers                                104,800
Amended
To Read:       109-109103-9992           Overhead Transfers                                100,000
(2)   Street Cleaning

As Reads:       109-109203-9333           Repairs & Maintenance                               17,000
Amended
To Read:        109-109203-9333           Repairs & Maintenance                                9,750

As Reads:       109-109200-9345           Maintenance & Repair of Vehicles                   150,000
Amended
To Read:        109-109200-9345           Maintenance & Repair of Vehicles                   143,400

As Reads:       109-109200-9992           Overhead Transfers                                 104,700
Amended
To Read:        109-109200-9992           Overhead Transfers                                 100,000

                                 I. SECTION 8 HOUSING ASSISTANCE FUND

To:             115-552-331579            Veteran's Affairs Supportive Housing Award         180,872

To:             115-552-331589            Family Self Sufficiency Coordinator Admin           30,225

As Reads:       115-552-331571            Federal Shared - Voucher - HAP                   11,612,600
Amended
To Read:        115-552-331571            Federal Shared - Voucher - HAP                   11,967,439

As Reads:       115-520030-9341-605014    Rentals - Rental Assistance Payments             10,845,000
Amended
To Read:        115-520030-9341-605014    Rentals - Rental Assistance Payments             11,199,839

To:             115-520030-9111-605019    Salaries - Family Self Sufficiency Coord Admin      30,225

As Reads:       115-520030-9341-605024    Rentals - Veteran's Affiars Supportive Hsng        100,000
Amended
To Read:        115-520030-9341-605024    Rentals - Veteran's Affiars Supportive Hsng        280,872

As Reads:       115-520030-9346-078000    Liability Insurance                                 13,500
Amended
To Read:        115-520030-9346-078000    Liability Insurance                                 63,680

As Reads:       115-520030-9992-605006    Overhead Transfers                                 183,000
Amended
To Read:        115-520030-9992-605006    Overhead Transfers                                 132,820
                              J. HURRICANE DAMAGE FUND

To:         Fund Balance                                                           (1,645,100)

To:         119-3XXXXX            Federal/State/City/Insurance Proceeds            3,111,700
                                  (Estimated Revenue)

To:         119-361103            Interest Income                                     33,400

To:         119-526000-9XXX       Various Accounts                                 1,500,000

                              K. INSPECTION SERVICES FUND

As Reads:   122-521-322000        Building Permits                                   485,300
Amended
To Read:    122-521-322000        Building Permits                                   307,500

As Reads:   122-521-329001        Electrical Permits                                 275,000
Amended
To Read:    122-521-329001        Electrical Permits                                 135,000

As Reads:   122-521-329002        Gas Permits                                         30,000
Amended
To Read:    122-521-329002        Gas Permits                                         15,500

As Reads:   122-521-329003        Plumbing Permits                                   115,000
Amended
To Read:    122-521-329003        Plumbing Permits                                    60,000

As Reads:   122-521-329007        Mechanical Permits                                 102,200
Amended
To Read:    122-521-329007        Mechanical Permits                                  35,000

As Reads:   122-521-329014        Miscellaneous Permits                               27,000
Amended
To Read:    122-521-329014        Miscellaneous Permits                                6,500

To:         122-596-381001        Interfund Transfer                                 150,000

As Reads:   122-022XXX-9XXX       Varous Personal Service and Operating Accounts   1,092,500
Amended
To Read:    122-022XXX-9XXX       Varous Personal Service and Operating Accounts     995,000

As Reads:   122-022000-9992       Overhead Transfers                                 227,500
Amended
To Read:    122-022000-9992       Overhead Transfers                                        0
                                   L. LOCAL OPTION SALES TAX FUND

To:           Fund Balance                                                                    1,279,176

As Reads:     307-591-312601             Local Option Sales Tax Proceeds                      5,494,000
Amended
To Read:      307-591-312601             Local Option Sales Tax Proceeds                      5,990,000

As Reads:     307-330XXX-9XXX-XXXXXX Various Capital Projects                                25,631,160
Amended
To Read:      307-330XXX-9XXX-XXXXXX Various Capital Projects                                27,406,336

                               M. STORMWATER CAPITAL PROJECT FUND

As Reads:     329-381001                 Interfund Transfer - Fund 001                        1,909,000
Amended
To Read:      329-381001                 Interfund Transfer - Fund 001                        1,886,300

As Reads:     329160-9669                Construction Work in Progress - Stormwater Vaults     637,416
Amended
To Read:      329160-9669                Construction Work in Progress - Stormwater Vaults     583,716

As Reads:     329100-9992                Overhead Transfers                                     38,700
Amended
To Read:      329100-9992                Overhead Transfers                                     69,700

                                            N. GAS FUND

To:           Fund Balance               (ESP/BOA)                                            4,600,000

 (1) Gas O & M Activity
As Reads:     401-05XXXXX-9XXX           Various Personal Services & Operating Accounts      47,063,524
Amended
To Read:      401-05XXXXX-9XXX           Various Personal Services & Operating Accounts      46,852,724

 (2) ESP/BOA - Bank of America
To:          401-220006-9357             Other Contractual Services                           4,600,000

 (3) Interfund Transfer Activity
As Reads:       401-301401-9992          Overhead Transfers                                    751,600
Amended
To Read:        401-301401-9992          Overhead Transfers                                    962,400
                             O. SANITATION FUND

To:         Fund Balance     (Loan from Insurance Retention Fund)   803,010

To:         402-421-354212   Lien Amnesty Foreclosures               32,000

To:         402-421-343495   Zoning/Housing Code Enforcement         60,000

As Reads:   402-421-343402   Bulk Item Collection                   206,900
Amended
To Read:    402-421-343402   Bulk Item Collection                   152,500

As Reads:   402-421-343405   Business Refuse Container              200,000
Amended
To Read:    402-421-343405   Business Refuse Container              197,900

As Reads:   402-421-343407   New Account Fee                         60,000
Amended
To Read:    402-421-343407   New Account Fee                         77,200

As Reads:   402-421-343408   Transfer Fee                            15,000
Amended
To Read:    402-421-343408   Transfer Fee                                0

As Reads:   402-421-343409   Sanitation Fuel Surcharge              500,000
Amended
To Read:    402-421-343409   Sanitation Fuel Surcharge              332,300

As Reads:   402-421-343423   Franchise Fees                         875,000
Amended
To Read:    402-421-343423   Franchise Fees                         755,600

As Reads:   402-421-354212   Fines-Code Enforcement Violation        60,000
Amended
To Read:    402-421-354212   Fines-Code Enforcement Violation        38,400
As Reads:      402-494-361103           Interest Income                                     25,000
Amended
To Read:       402-494-361103           Interest Income                                      2,500

As Reads:      402-495-364003           Sale of Assets                                      20,000
Amended
To Read:       402-495-364003           Sale of Assets                                      58,500

 (1) Various Sanitation Activities
As Reads:     402-057XXX-9XXX           Various Personal Service and Operating Accounts   5,809,920
Amended
To Read:      402-057XXX-9XXX           Various Personal Service and Operating Accounts   5,512,420

As Reads:      402-057XXX-9348          Fuels & Lubricants                                 517,100
Amended
To Read:       402-057XXX-9348          Fuels & Lubricants                                 349,400

 (2) Residential Garbage
To:            402-057010-9771-012001   Principal                                           79,000

 (3) Recycling Collection
To:            402-057015-9334          Small Tools & Minor Equipment                      803,010

To:            402-057015-9771-012003   Principal                                           80,300

To:            402-057015-9772-012003   Interest                                             6,100

 (4) Code Enforcement Activity
As Reads:     402-057040-9116           Police Pension                                     109,100
Amended
To Read:      402-057040-9116           Police Pension                                     114,600

 (5) Trash Collection Activity
To:            402-057050-9771-012001   Principal                                           23,600

To:            402-057050-9771-012002   Principal                                           64,900

 (6) Interfund Transfer Activity
As Reads:       402-057XXX-9992         Overhead Transfers                                 650,400
Amended
To Read:        402-057XXX-9992         Overhead Transfers                                 601,200
                                          P. PORT FUND

To:           Fund Balance                                               628,300

As Reads:     403-433-344XXX           State Grant Contributions         202,508
Amended
To Read:      403-433-344XXX           State Grant Contributions        1,189,108

As Reads:     403-431-344XXX           Port Revenues                    2,326,700
Amended
To Read:      403-431-344XXX           Port Revenues                    1,289,900

(1) Port Construction - State
As Reads:     403-062010-9669          Construction Work In Progress     222,203
Amended
To Read:      403-062010-9669          Construction Work In Progress    1,208,803

(2) Port Debt Service
As Reads:     403-061010-9771-011042   Principal                         376,500
Amended
To Read:      403-061010-9771-011042   Principal                         177,200

(3) Principal Reserve
As Reads:      403-087010-9771         Principal                         165,000
Amended
To Read:       403-087010-9771         Principal                               0



 (4) Interfund Transfer Activity
As Reads:       403-301403-9992        Overhead Transfers                165,700
Amended
To Read:        403-301403-9992        Overhead Transfers                121,500
                                        Q. AIRPORT FUND
To:           Fund Balance                                             12,246,100

As Reads:     404-443-334499           State Grant Contribution         1,000,000
Amended
To Read:      404-443-334499           State Grant Contribution         1,400,500

As Reads:     404-443-331499           Federal Grant Contribution       3,625,000
Amended
To Read:      404-443-331499           Federal Grant Contribution       4,625,000
(1) Various Airport Activities
As Reads:     404-064XXX-9XXX               Various Personal Service & Operating Accounts   12,098,523
Amended
To Read:      404-064XXX-9XXX               Various Personal Service & Operating Accounts   11,887,823

(2) Airport Security
As Reads:     404-064010-9116               Police Pension                                    126,200
Amended
To Read:      404-064010-9116               Police Pension                                    133,500

(3) ARFF
As Reads:      404-064090-9115              Fire Pension                                      291,000
Amended
To Read:       404-064090-9115              Fire Pension                                      300,800

(4) Capital Improvement Account
As Reads:     404-064095-9669-XXXXXX        Construction Work In Progress                    4,884,273
Amended
To Read:      404-064095-9669-XXXXXX        Construction Work In Progress                    8,384,273

(5) Airport Construction - Federal
As Reads:     404-066030-9669               Construction Work In Progress                   14,420,291
Amended
To Read:      404-066030-9669               Construction Work In Progress                   15,420,291

(6) Airport Construction - State
As Reads:     404-066040-9669               Construction Work In Progress                    1,896,378
Amended
To Read:      404-066040-9669               Construction Work In Progress                    2,296,878

(4) A Airport Construction PFC Bonds - Series 2008
As Reads:       404-066052-9669-404441       Construction Work In Progress                  18,961,912
Amended
To Read:        404-066052-9669-404441       Construction Work In Progress                  24,708,012

 (5) Airport Expansion - GARBS Series 2008
As Reads:      404-073017-9669-404451     Construction Work In Progress                      3,416,876
Amended
To Read:       404-073017-9669-404451     Construction Work In Progress                      6,416,876

 (6) Interfund Transfer Activity
As Reads:       404-301404-9992             Overhead Transfers                                551,100
Amended
To Read:        404-301404-9992             Overhead Transfers                                744,700
                                         R. INSURANCE RETENTION FUND

As Reads:         503-999-380402                Charges for Risk Management Services                     1,149,700
Amended
To Read:          503-999-380402                Charges for Risk Management Services                     1,251,700

As Reads:         503-510005-9346               Liability Insurance                                       255,200
Amended
To Read:          503-510005-9346               Liability Insurance                                       357,200

                                        S. SPECIAL ASSESSMENTS FUND

To:               Fund Balance                                                                            142,400

To:               701-527031-9999               Other Non Operating                                       142,400




          SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent
of such conflict.

           SECTION 3. The Director of Finance is hereby authorized to implement changes in funds, accounts,
transfers and balances as deemed necessary.



             SECTION 4. This resolution shall take effect immediately upon the adoption by the City Council.




                                                                  Adopted:



                                                                  Approved:
                                                                              Mayor

Attest:



City Clerk




Legal in form and valid if adopted:




City Attorney

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:9/16/2011
language:English
pages:62