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05/15/2008 City Council Agenda Location: Council Chambers - City Hall Date: 5/15/2008- 6 :00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 All Children's Hospital ~ Attachments 4.2 Certificate presented by Mayor to Zach Railey, 2008 Olympic contender from Clearwater ~ Attachments 4.3 Proclamation: Poppy Day - presented to Gi Gi Janesik, American Legion Auxiliary ~ Attachments 4.4 Proclamation: Hurricane Awareness Month ~ Attachments 4.5 Proclamation: National Public Works Week Proclamation ~ Attachments 4.6 Proclamation: Bike Month - Kevin Dunbar ~ Attachments 4.7 Proclamation: Emergency Medical Services Week - Fire Department ~ Attachments 4.8 Proclamation: Safe Boating Week: May 19 - 25 ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the May 1, 2008 City Council Meeting as submitted in written summation by the City Clerk. @ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the Annexation, Initial Land Use Plan Designation ofIndustrial General (I G) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1949 Calumet Street (a portion of Section 1, Township 29 South, Range 15 East in Metes And Bounds 34/11); and pass Ordinances 7951-08, 7952-08 and 7953-08 on first reading. (ANX2008-02005) ~ Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1709 EI Trinidad Drive East (Lot 3, Virginia Grove Terrace, Section 05, Township 29 South, Range 16 East); and pass Ordinances 7954-08, 7955-08 and 7956-08 on first reading. (ANX2008-02006) ~ Attachments 7.3 Approve amendment to the Clearwater Comprehensive Plan to update the Utility Element to incorporate the City's Water Master Plan and pass Ordinance 7950-08 on first reading. ~ Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Zoning Atlas Amendment from Business (B) District to the Tourist (T) District for property located at 1101 and 1201 Gulf Boulevard (consisting of Lot 2, Subdivision of Radisson Bayside Hotel, in Section 17 and 20, Township 29 South, Range 15 East and pass Ordinance 7940-08 to amend the Zoning Atlas for this property on first reading. (REZ2008-0200l) ~ Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 7928-08 on second reading, creating section 21.18, Code of Ordinances, to prohibit soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone as defined in the ordinance. ~ Attachments 9.2 Adopt Ordinance No. 7941-08 on second reading, rescinding Ordinance No.7 405-05 and Ordinance No. 7406-05. ~ Attachments City Manager Reports 10. Consent Agenda 10.1 Approve finalization of the main library funding, authorize project 315-93523 to be closed, resulting in the return of $370,515.24 to the General Fund, and acknowledge the amount contributed by the Clearwater Library Foundation at $2.95 million of the original $5 million pledged. (consent) ~ Attachments 10.2 Authorize settlement of the workers' compensation claim of Claimant, George Agovino III, in its entirety to include medical, indemnity and attorney fees for the sum of $30,000. (consent) @ Attachments 10.3 Award a Contract (Purchase Order) for $113,994.00 to Altec Industries of Birmingham, AL for one (1) 2009 International 4300 Cab and Chassis with Altec LRV58 Aerial Lift w/Chipper Dump Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) @ Attachments 10.4 Award a Contract (Purchase Order) for $124,672.50 to Communications International, Inc of Tampa, FL for memory and software upgrades to existing City 800 Mhz radios, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) ~ Attachments 10.5 Approve the first amendment to the Alligator Creek Watershed Implementation Project, Phase III, Channel F cooperative funding contract with Southwest Florida Water Management District to extend the contract period to December 31, 2011 and authorize the appropriate officials to execute same. (consent) @ Attachments 10.6 Approve two Local Agency Program (LAP) Agreements with the Florida Department of Transportation for the Beach Connector Trail project to receive grants in the amount of $852,429.00 (Agreement FPN 415744 1 5801) and $416,152.00 (Agreement FPN 415744 2 58 01)and authorize the appropriate officials to execute same. (consent) @ Attachments 10.7 Approve a work order to URS Corporation in the amount of $441,107 for engineering design and support during constrnction services in the Chautauqua/Coachman Reclaimed Water Project (07-0053-UT), and approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project cost up to $1,977,000.00, and that the appropriate officials be authorized to execute same. (consent) @ Attachments 10.8 Approve the McKim & Creed supplemental work order in the amount of $278,731 for additional engineering design services for expanding the City of Clearwater Reclaimed Water System to serve residents in the Morningside area in the southeastern portion of the City (05-0022-UT). (consent) @ Attachments 10.9 Authorize staff to negotiate a contract with Chase Real Estate, Inc. to provide Real Estate Brokerage Services for land assembly suitable for development of a 300 space parking garage on south Clearwater beach and authorize the City Manager to approve and execute same that best represents the interests of the City. (consent) ~ Attachments 11. Other items on City Manager Reports 11.1 Award a contract to lease desktop and laptop computers for 3 years from Hewlett-Packard Financial Services Company, Murray Hill, NJ, and Insight Public Sector, Bloomingdale, IL as the lowest bid respondents to RFP 14-08, for an amount not to exceed $1,200,000; and adopt Resolution 08-07 authorizing the City Manager to delegate to the Information Technology Director or other designee the ability to execute documents on Lease Agreements with Hewlett-Packard, and authorize appropriate officials to execute same. @ Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports ~ Attachments 13. Other Council Action 13.1 Other Council Action @ Attachments 14. Adjourn SUBJECT / RECOMMENDATION: All Children's Hospital SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 1 .:.wj ~I 1!!1"''''!!'''~~ -"t~..~~:w1-~"'~ ~ ~-r'-"~ ~~,.. . f,r ,.:. .~"J:, "" 'I' .. :'e': l-! -wr..J .'. ., --~ :1'I'l: .J I" I :11.'1; . "'''.~~-' . I. ;~ . ~~ ~II . l..'''-: ~ It .1 '. ..., ~'" ,'I 1:-1 ".-. 1I.,lllliI -IIIIIII~'. IUJI .- ,.-" '~.'t I'" ',: I~;' ~s ~., ,J " . 1rJ.. I. II 1111."'.1 ".- -'.1 ~. ~ II :1 II II .;;. I" r 4 4 frl. ,A.i ',',~"... .-.- I II '., '.- I. II ~ II ::ri n', '. '.., '" ~PIiI :I~I 11111111 II to, I '" . '" ~"Ul '" ~~."i ",' ., . /-' " '-., '1,1" 101,\ ' o ~t ",. ~"\~'; ~~,~ r.: :'.1 Ii,., ~~ ~ I .,.. '. 'M I ~~ ~~ :~I:~~ I '~~~: , It- ~"J ,,,-u .:: ~, .:: ._. ,~..." t- -,' Ir-"'~~''''' ,. :tj, :It .~ ... .1II1J11f' ... 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I 10 I City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Certificate presented by Mayor to Zach Railey, 2008 Olympic contender from Clearwater SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Poppy Day - presented to Gi Gi Janesik, American Legion Auxiliary SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Hurricane Awareness Month SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: National Public Works Week Proclamation SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 5 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Bike Month - Kevin Dunbar SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 6 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Emergency Medical Services Week - Fire Department SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 7 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation: Safe Boating Week: May 19 - 25 SUMMARY: Meeting Date:5/15/2008 Review Approval: 1) Clerk Cover Memo Item # 8 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the May 1, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 8 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER May 1, 2008 Unapproved Present: nk Hibbard Doran etersen Cretekos Mayor Vice-Mayor Councilmember Councilmember Councilmember Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter to order at 6:00 p.m. at City Hall. The invocation was eview Baptist Church. The Mayor led the Pledge of 4. 4.1 Proclamation: T 4.2 Home of the Yea Quarter. The Spring 2008 Business Be Gulf-to-Bay Boulevard. The Imperial for the Neighborhood and Homes of t presented to Conrad & Nancy Cole at 2 Ambassador Drive, Susan Dean at 910 B Springflower Drive. The 2007/08 Neighborho Bayview Heights neighborhood. The Home of the Denise Resch at 210 Orangewood Avenue. 4.3 Proclamation: Buildin 4.4 YWCA Presentation are in agenda order although not borhood of the Year and Joyce Pritchard, Interim CEO of the YWCA of Tampa Bay, and her the YWCA's services to the community. 5. Approval of Minutes 5.1 Approve the minutes of the April 17, 2008 City Council Meetinq as submitted in written summation by the City Clerk. Council 2008-05-01 1tem # 9 Attachment number 1 Page 2 of 8 Councilmember Cretekos requested a sentence be added to his comments under Other Council Action stating that a key had been presented to Mrs. Stavros at the PTEC ceremony. Councilmember Petersen moved to approve the minutes of the regular meeting of April 17,2008, as amen add the sentence requested by Councilmember Cretekos. The motion was duly second ried unanimously. 6. earings - Not before 6:00 PM Ordinance 7932-08 was prese Councilmember Gibson moved to pa reading. The motion was duly second "Ayes": Doran, Petersen, "Nays": None. 7.3 Ordinance 7933-08 was presented for second reading and read by ti Councilmember Petersen moved to pass and adopt Ordinance 7933-08 0 reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. Council 2008-05-01 :Item # 9 Attachment number 1 Page 3 of 8 7.4 Adopt Ordinance 7934-08 on second readinq, annexinq certain real property whose post office address is 1662 Bellrose Drive North, into the corporate limits of the city and redefininq the boundary lines of the city to include said addition. Ordinance 7 Councilmember reading. The 8 was presented for second reading and read by title only. ed to pass and adopt Ordinance 7934-08 on second and final seconded and upon roll call, the vote was: sen, Cretekos, Gibson, and Hibbard. 7.6 Ordinance 7936-08 was prese Councilmember Gibson moved to pa reading. The motion was duly secon "Ayes": Doran, Petersen, "Nays": None. 7.7 Continue second readin of Ordinance 794 7405-05 and Ordinance 7406-05. Councilmember Petersen moved to continue secon May 15, 2008. The motion was duly seconded and carried u Council 2008-05-01 3tem # 9 Attachment number 1 Page 4 of 8 Ordinance 7949-08 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7949-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: ran, Petersen, Cretekos, Gibson, and Hibbard. City Manager Reports not to exceed 55000 for resolution of Cit claim e authorized to execute same. (consent) Councilmember Doran moved to appr appropriate officials be authorized to execute sam unanimously. Beach Walk Funding Part of the City's budget strategy this year includes the possibility Beach Walk that was originally planned to be funded with a 20-year b from the General Fund. Funding a portion of this debt from reserves wo annual debt service payments from the General Fund in the below approx g a portion of e with reserves inate part of the mounts: Funded from Reserves 100% 75% Debt Reduction $630,000 $475,000 Council 2008-05-01 4tem # 9 Attachment number 1 Page 5 of 8 50% 25% 0% $315,000 $155,000 Funding ap eliminate the $31 payments wer with balanci economy: ately 50% of the debt from reserves instead of issuing bonds would service payment each year from the General Fund. The debt Y08, therefore the elimination of this debt payment would help ults from Amendment 1 and the overall downturn in the ich at first quarter had approximately $25.3 million in f the current year's General Fund budget, has excess nsurance Fund has approximately $24 million in excess At the same tim 4.5% and falling. The I (the City's investments) is at the City's most recent he issuer, call ability, and cession and Florida tax never. Originally, the City was going same 20-year bond issue. Since we a project, staff needs to verify that Counc Walk. If this strategy is accepted, a mid-y Councilmember Cretekos moved to approv million planned debt issuance for Beach Walk from duly seconded and carried unanimously. 9. City Attorney Reports The City of Clearwater's 112,000 plus residents enjoy a vibrant ec a huge influx of 4.5 million annual tourists to Pinellas County with Clearwate ach alone attracting around 900,000 tourists annually in addition to the approximate 600,000 residents in the region who annually visit the beach. Council 2008-05-01 !Item # 9 Attachment number 1 Page 6 of 8 The improvement of the downtown and Clearwater Beach has been a high priority in the City's plan to expand the economic base of the City by attracting new investment and patrons to the area. Clearwater its impact as red projected to at The City an redevelo has an economic impact of over $1 billion and is projected to increase t on the beach continues to occur and the downtown is also ourists and visitors as redevelopment continues to be completed. s have invested many millions of dollars in these annually around $620,000 on special events, with events and $135,000 allocated to Beach events. stantial interest in providing its citizens and tourists a which recreational activities can be maximized in the arwater downtown core redevelopment rsely impacts tourism and patronage of ntimidation among those tourists, visitors, town core redevelopment and retail and contributes Councilmember Cretekos mo~ Ordinances, to prohibit soliciting, beg redevelopment zone and the Clearwa The motion was duly seconded and car One person spoke regarding the ordinance, homelessness is needed. Ordinance 7928-08 was presented for first reading and Councilmember Gibson moved to pass Ordinance 7928-08 duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 10. City Manager Verbal Reports 10.1 Beach Walk Grand Openinq Celebration Weekend - Proposal Council 2008-05-01 6tem # 9 Attachment number 1 Page 7 of 8 Economic Development & Housing Director Geri Campos Lopez reviewed plans for a Beach Walk grand opening celebration the weekend of July 18, 2008. She reviewed proposed events and funding sources and said $20,000 would be needed for the event. Discussion Walk opening a would be su . with comments that the should have occurred prior to the Beach onths later, and a smaller scale, lower cost, one-day celebration rked that the project should still be showcased. n is not just for tourists. It is also for people who endured struction. She said the celebration committee felt a te way to celebrate Beach Walk's opening. Staff for the event. Staff will talk to the committee regarding se the proposal, and bring it back to Council. xecutive Officer Clearwater Gas, reported on ans to discuss with federal legislators: 1) ssistance program funding; 3) Climate nology to collect methane taff feels more dialog is es are already being safer than oil and creates Discussion ensued with com environmental and aesthetic concern investigation is needed regarding alter more natural gas need to be found. Gen 12. Other Council Action Councilmembers reported on events in whic ey recentl upcoming events; complimented those who worked on Walk for: appropriation. Councilmember Doran said downtown made Dupont Donald Bird at Ruth Eckerd Hall. Councilmember Gibson thanked all City volunteers; please use e appliances, and be green. Councilmember Cretekos said Mote Marine has program to provide m nitoring of red tide & is looking to expand locations; wishes from whole community to Mayor for speedy recovery. Council 2008-05-01 ltem # 9 Attachment number 1 Page 8 of 8 Mavor Hibbard thanked all who covered for him during his recovery from surgery; thanked Morton Plant Hospital staff. 13. Adjourn Mayor City of Clearwater Council 2008-05-01 6tem # 9 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Industrial General (IG) and Initial Zoning Atlas Designation of Industrial, Research and Technology (IRT) District for 1949 Calumet Street (a portion of Section 1, Township 29 South, Range 15 East in Metes And Bounds 34/11); and pass Ordinances 7951-08, 7952-08 and 7953-08 on first reading. (ANX2008-02005) SUMMARY: This voluntary annexation petition involves a 0.86-acre property consisting of one parcel of land occupied by a manufacturing use. It is located on the south side of Calumet Street approximately 500 feet west of Hercules A venue. The applicant is requesting this annexation in order to receive solid waste and sanitary sewer service from the City. The Planning Department is requesting that the 0.24-acres of abutting Calumet Street right-of-way not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the west and south. It is proposed that the property be assigned a Future Land Use Plan designation of Industrial General (IG) and a zoning category of Industrial, Research and Technology (IRT). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the Calumet Street right-of-way and the applicant is aware of the requirement to pay the City's sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. . The proposed Industrial General (IG) Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits industrial uses with a Floor Area Ratio of 0.75. The proposed zoning district to be assigned to the property is the Industrial, Research and Technology (IRT) D~trictMThe use of the subject property is consistent with the uses allowed in the District and the property exceeds the District ~~~m~tfm dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, Cit~t~m # 10 Comprehensive Plan and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the west and south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 7 [:77:i ['):'.':-.:;:':1 ......._~ ~):,:::"i':-;::~ i:::;i-:,:i:-:,:::! 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Future Land Use Map Owner Edward J Wolf LLC Site From To Case ANX2008-02005 Property Size (Acres): 0,86 1949 Calumet Street Size R-Q-W (Acres): ,24 Land Use Zoning PIN 01-29-15-00000-340-1100 IG (County) M-2 (County) IG (City) IRT (City) Atlas Page 262A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02005 - 1949 Calumet Street - Edward J WolfLLC\Maps\Future Land Use Map.doc Item # 10 Attachment number 1 Page 5 of 7 ~I ',- "',', - "',', - .",', -",', -",', - .",', - ,." "~'" "':;i:'i.':,:::\:':':: ::\:.':,;:;i: :::"':;i\:'-:,:::\:':'::::\:.':,;:;i::::"i;i\:::,:: ;,:':'::::\i:,::;i::::"':;;~,;:\:::,:::\:'-:'::::\i:,;:;;::::::";/,;:\::::,:::\:"'::::\i:,;:;(:::";/,;:\:.-~,:::\:,,'::::\::':,;:;i:::",:/,;:\:,-,:::\:"'::::\i:,; :;i':"~':":'::: .. .... ... .. .... .... ... .. .. -. ... ... .. ... - .... ... .. .... .... ... .. .... .... ... .. .... .... ... .. . i'i::':\:::': :,,::,':";':' :'. 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I 83 17 Zoning Map Owner Edward J Wolf LLC Case ANX2008-02005 Property Size (Acres): 0,86 Site 1949 Calumet Street Size R-Q-W (Acres): ,24 Land Use Zoning PIN 01-29-15-00000-340-1100 From IG (County) M-2 (County) To IG (City) IRT (City) Atlas Page 262A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02005 - 1949 Calumet Street - Edward J WolfLLC\Maps\Zoning Map.doc Item # 10 Attachment number 1 Page 6 of 7 Place of Worship ':i'/:'{':,:: :;';:;::'::'::}::\'\ i: :: ii'/\:,:.:,:: :;';:;::'::,ir::\'\ i::: i{'/\:,::,:: ;:;::'::,::}i:::\ i::: iiS'::),::,:: :;';:;:::'::,irii::: ;::::: ii;'/:),::,:: :;';i':)}ii:\::~: ii;'/\:,:'~,:: :;';i'::,ir::'i::: i:: i::;'/\:,:',:: :;-;i'::,::}::\':::: i ',:" ~':: ':'::: ;:::"i::':\:::': :,,::,':";':' :'. 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I 83 Existing Surrounding Uses Map Owner Edward J Wolf LLC Case ANX2008-02005 Property Size (Acres): 0,86 Site 1949 Calumet Street Size R-Q-W (Acres): ,24 Land Use Zoning PIN 01-29-15-00000-340-1100 From IG (County) M-2 (County) To IG (City) IRT (City) Atlas Page 262A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02005 - 1949 Calumet Street - Edward J Wolf LLC\Map s\Exi sting Surrounding Uses Map.doc Item # 10 View looking south at the subject property, 1949 Calumet Street View looking southwest at the property to the west of the subject property View looking west along Calumet Street from the subject property Attachment number 1 Page 7 of 7 View looking southeast at the property to the east of the subject property View looking north at the property to the north of the subject property View looking east along Calumet Street from the subject property ANX2008-02005 Edward J. WolfLLC 1949 Calumet Street Item # 10 Attachment number 2 Page 1 of 2 ORDINANCE NO. 7951-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CALUMET STREET APPROXIMATELY 500 FEET WEST OF HERCULES AVENUE, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 34/11, WHOSE POST OFFICE ADDRESS IS 1949 CALUMET STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CALUMET STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI 01 NG AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached legal description (ANX2008-02005) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 10 Ordinance No, 7951-08 Attachment number 2 Page 2 of 2 From the NE corner of the SE 'V4 of the SW 'V4 of Section 1, Township 29 S., Range 15 E., run S 00017'48''E. along the N-S center line of said Section 1 (Center line of C.R. 34 - Hercules Avenue) 200.03 feet; thence run N 89014'24"W, parallel to the North line of the SE 'V4 of the SW 'V4 of Section 1 and along the Southerly line of a 60-foot road right-of-way (see O.R. Book 2099, Page 356, Public Records of Pinellas County, Florida), 543 feet for a Point of Beginning; thence run S 00017'48''E, 210 feet; thence run N 89014'24"W 178 feet; thence run N 00017'48''W 210 feet; thence run S 89014'24"E, along said road right-of-way, 178 feet to the Point of Beginning. Together with an easement for drainage purposes over a portion of the adjacent lands lying southerly of the lands herein described, said portion extending across the width of the described lands and extending 20 feet southerly from the southerly line of the described lands. Together with the abutting right-of-way of Calumet Street. Item # 10 Ordinance No, 7951-08 Attachment number 3 Page 1 of 2 ORDINANCE NO. 7952-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CALUMET STREET APPROXIMATELY 500 FEET WEST OF HERCULES AVENUE, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 34/11, WHOSE POST OFFICE ADDRESS IS 1949 CALUMET STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CALUMET STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL GENERAL (IG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property See attached legal description (ANX2008-02005) Land Use Cateqory Industrial General (IG) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7951-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 10 Ordinance No, 7952-08 From the NE corner of the SE % of the SW % of Section 1, Township 29 S., Range 15 E., run S 00017'48''E. along the N- S center line of said Section 1 (Center line of C.R. 34 - Hercules Avenue) 200.03 feet; thence run N 89014'24"W, parallel to the North line of the SE % of the SW % of Section 1 and along the Southerly line of a 60-foot road right-of-way (see O.R. Book 2099, Page 356, Public Records of Pinellas County, Florida), 543 feet for a Point of Beginning; thence run S 00017'48''E, 210 feet; thence run N 89014'24"W 178 feet; thence run N 00017'48''W 210 feet; thence run S 89014'24"E, along said road right-of-way, 178 feet to the Point of Beginning. Together with an easement for drainage purposes over a portion of the adjacent lands lying southerly of the lands herein described, said portion extending across the width of the described lands and extending 20 feet southerly from the southerly line of the described lands. Together with the abutting right-of-way of Calumet Street. Ordinance No, 7952-08 Attachment number 3 Page 2 of 2 Item # 10 Attachment number 4 Page 1 of 2 ORDINANCE NO. 7953-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CALUMET STREET APPROXIMATELY 500 FEET WEST OF HERCULES AVENUE, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST IN METES AND BOUNDS 34/11, WHOSE POST OFFICE ADDRESS IS 1949 CALUMET STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF CALUMET STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH AND TECHNOLOGY(IRT); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See attached legal description (ANX2008-02005) Zoninq District Industrial, Research and Technology (IRT) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7951-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 10 Ordinance No, 7953-08 Attachment number 4 Page 2 of 2 From the NE corner of the SE % of the SW % of Section 1, Township 29 S., Range 15 E., run S 00017'48''E. along the N-S center line of said Section 1 (Center line of C.R. 34 - Hercules Avenue) 200.03 feet; thence run N 89014'24"W, parallel to the North line of the SE % of the SW % of Section 1 and along the Southerly line of a 60-foot road right-of-way (see O.R. Book 2099, Page 356, Public Records of Pinellas County, Florida), 543 feet for a Point of Beginning; thence run S 00017'48''E, 210 feet; thence run N 89014'24"W 178 feet; thence run N 00017'48''W 210 feet; thence run S 89014'24"E, along said road right- of-way, 178 feet to the Point of Beginning. Together with an easement for drainage purposes over a portion of the adjacent lands lying southerly of the lands herein described, said portion extending across the width of the described lands and extending 20 feet southerly from the southerly line of the described lands. Together with the abutting right-of-way of Calumet Street. Item # 10 Ordinance No, 7953-08 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1709 El Trinidad Drive East (Lot 3, Virginia Grove Terrace, Section 05, Township 29 South, Range 16 East); and pass Ordinances 7954-08, 7955-08 and 7956-08 on first reading. (ANX2008-02006) SUMMARY: This voluntary annexation petition involves a 0.16-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of El Trinidad Drive East approximately 150 feet north of State Road 590. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is contiguous to existing City boundaries to the north. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the El Trinidad Drive East right-of-way and the applicant is aware of the requirement to pay the City's sewer impact and assessment fee and is aware of the additional costs to extend City sewer service to the property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through Police Headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and Cover Memo Item # 11 . The property proposed for annexation is contiguous to existing City boundaries to the north; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 7 .. .." .., ... .. ." "'", .. .. ... . . . .. . . . . .. . - .. . .. . .. . . .. . .. . . .. . .. . . .. . .. . ......... -.. - . . . . . ....... .......... ,", ...... -......... ....................". ..................... ......-.......-..", . ..... -........ .... .... .............. ".- ............-. .... .............. ..... '.".. 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Lohoski Case: ANX2008-02006 Site: 1709 EI Trinidad Drive East Property 0.16 Size (Acres): Land Use Zoning PIN: 05-29-16-94320-001-0030 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02006 - 1709 El Trinidad Drive East - Lohoski\Maps\Location Map.doc Item # 11 Attachment number 1 Page 2 of 7 Aerial Photograph Owner Deborah S. 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':n . 1J .4-~~f'O 1621 6 1611 : ::::::':=':': "lit :;:::,':'::'n~~:: :': ': ":::-:':K: :'::';::::::;::'i':,: '~':': :';:::'-:'::';::::}~??~~:::';:::,':':' ,::::,}6,,-;: ..', ',::: '(,)" ::':1J6Q1::',j~,:, ':':'~<-::"; ":':',~'.: ;::;,::::-::}\;,:,>'::';:::,': ~ 7 ~ : }:::)~:\:,::::::i':::'A:'::\:}::::,::/{:::,:::'::,: :i:\\:: :~::),::'),::,:::,:~:~::'::,: :::::,:\:;':,: :':0:,:,:':'::' :,:';::':\i.::'t~1,:~: ,;:::31ttf:::'::,:: ::'::i'~~:i'j1(~ ,:,:::'i':::'::::' 151 ~ 160 1 8 W 11 A Existing Surrounding Uses Map Owner Deborah S Lohoski Case ANX2008-02006 Site 1709 EI Trinidad Drive East Property 0.16 Size (Acres) Land Use Zoning PIN 05-29-16-94320-001-0030 From RL (County) R-3 (County) To RL (City) LMDR (City) Atlas Page 264B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-02006 - 1709 El Trinidad Drive East - Lohoski\Maps\Existing Surrounding Uses Map.doc Item # 11 View looking east at the subject property, 1709 El Trinidad Drive East View looking north along El Trinidad Drive East from the subject property Attachment number 1 Page 7 of 7 View looking south along El Trinidad Drive East from the subject property View looking east at the property to the north of the subject property ANX2008-02006 Deborah S. Lohoski 1709 EI Trinidad Drive East Item # 11 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7954-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 150 FEET NORTH OF STATE ROAD 590, CONSISTI NG OF LOT 3 LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1709 EL TRINIDAD DRIVE EAST, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 3 less the East 32 feet thereof, Block 1, Virginia Grove Terrace, according to the map thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ANX2008-02006) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 11 Ordinance No, 7954-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7955-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY ON THE EAST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 150 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 3 LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1709 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 3 less the East 32 feet thereof, Block 1, Virginia Grove Terrace, according to the map thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ANX2008-02006) Land Use Cateqory Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7954-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 11 Ordinance No, 7955-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7956-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EL TRINIDAD DRIVE EAST APPROXIMATELY 150 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 3 LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1709 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 3 less the East 32 feet thereof, Block 1, Virginia Grove Terrace, according to the map thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ANX2008-02006) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7954-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 11 Ordinance No, 7956-08 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendment to the Clearwater Comprehensive Plan to update the Utility Element to incorporate the City's Water Master Plan and pass Ordinance 7950-08 on first reading. SUMMARY: This item involves an amendment to the Clearwater Comprehensive Plan to update the Utility Element to incorporate the City's Water Master Plan that was produced in 2004 by Parsons Water and Infrastructure, Inc. The amendment is required as per Section 163.3177(6)(c), Florida State Statutes and Florida Administrative Code Section 9J -5.011. The fundamental purpose of a water supply plan is to ensure that the community is able to supply quality drinking water of a sufficient quantity for current and future needs. According to the master plan, based on population and density projections, the City will be functionally capable of providing water through the year 2025. The statutory requirements call for each local government in the planning region to adopt amendments to its comprehensive plan to incorporate their water supply plan within 18 months after the approval of the regional water supply plan. The City's regional district, the Southwest Florida Water Management District (SWFWMD), approved its plan on November 30,2006. Therefore, the deadline for the City's amendment is May 30, 2008. As this is a text amendment to the Comprehensive Plan, review and approval by the Florida Department of Community Affairs (DCA) is required. This amendment is exempt from the twice a year limitation for large-scale amendments. The City retained the consulting firm of Wade Trim to prepare the amendment to the potable water section of the Utility Element of the Clearwater Comprehensive Plan to incorporate the City's Water Master Plan in accordance with state statutes and rules. The Community Development Board reviewed the amendments at its public hearing on April 15, 2008, and unanimously recommended approval. Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 3 CDB Meeting Date: Case # Ordinance #: Agenda Item: April 15, 2008 CP Al008-03002 7950-08 F-I CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT COMPREHENSIVE PLAN AMENDMENTS REQUEST: Cleanvater Comprehensive Plan Text Amendments INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: This item involves an amendment to the Clearwater Comprehensive Plan to update the Utility Element related to the City's water supply plan as per Section 163.3 I 77(6)(c), Florida State Statutes and Florida Administrative Code section 9J-5.011. The fundamental purpose of a water supply plan is to ensure that the community is able to supply quality drinking water of a sufficient quantity for current and future needs. The statutory requirements call for each local government in the planning region to adopt amendments to its comprehensive plan to incorporate their water supply plan within 18 months after the approval of the regional water supply plan. The City's regional district, the Southwest Florida Water Management District (SWFWMD), approved its plan on November 30, 2006. Therefore, the deadline for the City's amendment is May 30, 2008. This amendment is exempt from the twice a year limitation for large-scale amendments. The consulting firm of Wade Trim was retained by the City to draft an updated "Potable Water Element" (sub-element to the Utility Element) to the Clearwater Comprehensive Plan based on the City's 2004 Water Master Plan produced by Parsons Water and Infrastructure, Inc. According to the plan, based on population and density projections, the City will be functionally capable of providing water through the year 2025. The proposed text amendment meets state statutes and rules by amending current Goals, Obj ectives and Policies of the Water Sub-element of the Utility Element of Clearwater's Comprehensive Plan. ANALYSIS: One amendment is proposed to the text of the Clearwater Comprehensive Plan III Ordinance No. 7950-08. The summary of the amendment follows. Page - I CP A2008-0300il # 12 Attachment number 1 Page 2 of 3 Amendment - UTILITY ELEMENT GOALS OBJECTIVES AND POLICIES: Potable Water and Natural Ground Water Aquifer Recharge Needs (pages are given from current Comprehensive Plan): The following are substantive changes that are being made to incorporate the City's 2004 Water Master Plan into the Utility Element and to ensure consistency with the regional water supply plan for our district (SWFWMD): . Policy 21.2.7 (page D-17): Add the following sentence: "The City's long range Water Master Plan completed in 2004 shall serve as the guiding document for water supply and treatment methods." Remove: "Various recommendations have recently been submitted in a study on long range water supply and treatment". . Policy 21.2.8 (page D-17): Add the following sentence: "The City's long range Water Master Plan completed in 2004 outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in December 2006". . Policy 21.6.5 (page D-19): Add as a new policy: "Ensure consistency with the actions defined within the Regional Water Supply Plan prepared by the Southwest Water Management District." The remaining amendments involve updates to years given for projects, minor text changes and typographical and/or grammatical corrections. STANDARDS FOR REVIEW Pursuant to Community Development Code Section 4-603(F) no amendment to the Clearwater Comprehensive Plan shall be approved unless it complies with the following standards: I. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and obiectives contained in the plan. The proposed amendment to the Utility Element: Potable Water and Natural Ground Water Aquifer Recharge Needs Sub-Element of the Clearwater Comprehensive Plan further refines the City's existing policies and objectives. The proposed amendment is consistent with the existing goals, objectives, and policies contained in the comprehensive plan and expands the city's long range planning policies related to the provisions for the City's water plan. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. The proposed amendment is consistent with the provisions of the Comprehensive Plan. It broadens the City's approach to providing continued coordination with the Page - 2 CP A2008-0300il # 12 Attachment number 1 Page 3 of 3 Southwest Florida Water Management District (SWFWMD) and specifically to its Regional Water Supply Plan (RWSP). 3. The available uses, if applicable, to which the propertv mav be put are appropriate to the propertv in questions and compatible with existing and planned uses in the area. The proposed amendment is a text amendment that is not directly related to a specific property. 4. Sufficient public facilities are available to serve the propertv. The proposed amendment is a text amendment that is not directly related to a specific property. 5. The amendment will not adverselv affect the natural environment. The proposed amendment seeks to provide consistent and coordinated efforts for the processes and procedures for water management within the area governed by the Southwest Florida Water Management District (SWFWMD). 6. The amendment will not adverselv impact the use of propertv in the immediate area. The proposed amendment is a text amendment that is not directly related to a specific property. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to incorporate the City's 2004 Water Master Plan into the Utility Element of the Clearwater Comprehensive Plan and to ensure consistency with the regional water supply plan as required in Section 163.077(6)(c), F.S. The Planning Department Staff recommend APPROVAL of Ordinance No. 7950-08 that amends the Clearwater Comprehensive Plan. Prepared by Planning Department Staff: Sandra E. Herman Planner III A TT ACHMENT: Ordinance No, 7950-08 Page - 3 CP A2008-0300il # 12 Attachment number 2 Page 1 of 5 ORDINANCE NO. 7950-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18, 2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER IS, 2005, AUGUST 14, 2007, AND FEBRUARY 21, 2008; BY AMENDING THE UTILITY ELEMENT; IN ACCORDANCE WITH SECTIONS 163.3177, 163.3184, 163.3187 OR 163.3189, FLORIDA STATUTES, TO UPDATE THE CITY OF CLEARWATER'S WATER WORK PLAN IN ACCORDANCE WITH THE UPDATED SOUTHWEST FLORIDA WATER DISTRICT'S REGIONAL WATER SUPPLY PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00; and WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12,2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7,2004; and WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20,2005 and December IS, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14,2007; and WHEREAS, the City Council approved Ordinance Number 7870-07, which amended the Comprehensive Plan of the City on February 21,2008; and WHEREAS, the City is making these changes to the Comprehensive Plan in accordance with statutory requirements; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and - 1 - Exhibit A Ordinance 7950-08 Item # 12 Attachment number 2 Page 2 of 5 WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section I. Amendment to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" is hereby adopted. Section 2. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3184, 163.3187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor -Councilmember Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk - 2- Exhibit A Ordinance 7950-08 Item # 12 Attachment number 2 Page 3 of 5 EXHffiIT A ATTACHMENT TO ORDINANCE 7950-08 AMENDMENT - UTILITY ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Goal 21 of the Utility Element of the Comprehensive Plan, as follows: POTABLE WATER AND NATURAL GROUND WATER AQUIFER RECHARGE 21. GOAL - PROVIDE, DEVELOP, AND MAINTAIN A PERMANENT POTABLE WATER SUPPLY SYSTEM TO MEET ANTICIPATED DEMAND WHILE PROVIDING MAXIMUM PRACTICAL PROTECTION TO THE ENVIRONMENT AT A COST CONSISTENT WITH THE PUBLIC'S ABILITY AND WILLINGNESS TO PAY. 21.1 Objective - To maintain adequate Levels of Service for existing and future populations through the year 2015 ~. ***** 21.2 Objective - Provide adequate quantities and qualities of water service to all customers of the Clearwater service area. Current service level (July, 2007 -1999) is 40,390 ~ customer accounts (potable, reclaimed and fire). Policies 21.2.1 Ensure that land development regulations, building codes and City ordinances adequately address water system provisions by performing a thorough evaluation of City codes and by coordinating proposed provisions with the Southwest Florida Water Management District and Florida Department of Environmental Protection Tampa Bay 'Nat-er. 21.2.2 +he Engineering Public '.vorks Department shall analyze the condition and adequacy of any water distribution system that the City may inherit through annexation and prepare cost estimates for upgrading those systems to meet City requirements. 21.2.3 When new subdivisions are being developed, it shall be the responsibility ofthe developer to provide internal potable water and reclaimed water systems which are constructed to City specifications. ***** 21.2.5 Continue to g-gevelop a system and construct improvements which will conserve energy, water, and other valuable resources. - 3- Exhibit A Ordinance 7950-08 Item # 12 Attachment number 2 Page 4 of 5 21.2.6 The City of Cleanvat-er shall continue to participate and assist the Southwest Florida Water Management District Tampa Bay ''vater, Pinellas County Health Department, and the U.S. Environmental Protection Agency in developing innovative techniques to augment existing water supplies to provide for future needs. 21.2.7 Continue to identify, acquire, and develop sources of water supply and methods of water treatment to meet existing and future needs. Some ways this can be accomplished are through well rehabilitation projects and/or exploration and drilling of new wells. Some type of water treatment may be initiated. Additional volumes of water may be acquired from the Pinellas County Water System through Clearwater's intergovernmental water service agreement. The City's long range Water Master Plan completed in 2004 shall serve as the guiding document for water supplv and treatment methods. Various recommendations have recently been submitt-ed in a study on long range water supply and treatment. 21.2.8 Ensure that water management projects are designed and operated to maintain and enhance natural systems as well as man made systems by working closely with the Southwest Florida Water Management District when proposing new projects and water management programs. The City's long range Water Master Plan completed in 2004 outlines a work plan for continued coordination with the Southwest Florida Water Management District's Regional Water Supply Plan adopted in December 2006. ***** 21.2.11 Continue to develop qualified plant operators who meet applicable standards and certification in order t-o maximize the efficiency and effccti'/eness of the treatment process. 21.3 Objective - Continue to maintain the water system in a safe, sound, and efficient manner on a daily basis. Policies 21.3.1 The Public Utilities Department Public '.:Vorlcs Administration, Water Division, shall monitor water quality and the operation of the water distribution system with the intent of repairing and replacing deficient portions of the system within the framework of the capitalized budgeting process. ***** 21.4.5 The City shall continue to refine the inverted rate structure for residential water meters, lawn meters and all other water meters permitted by the Water Division of the Public Utilities Department \X/arks Administration. 21.5 Objective - Continue to QDevelop a potable water system that is compatible with the environment and seeks to conserve and protect sensitive natural resources. - 4- Exhibit A Ordinance 7950-08 Item # 12 Attachment number 2 Page 5 of 5 Policies 21.5.1 Except for areas of the City where reclaimed water is available, shallow wells shall be recognized as a source of water for irrigation purposes. Establish a City permit for shallow well installation bv the end of 2008. 21.5.2 The City's building code shall be modified to include the requirement for water conserving fixtures in newly constructed or remodeled buildings. ***** 21.5.5 The City ofClcarwatcr shall maintain its current Water Restriction Ordinance. ***** 21.6 Objective - Continue to ~chieve effective coordination with other government agencies to solve problems of an extraterritorial nature with cooperation and in conjunction with the Southwest Florida Water Management District. ***** 21.6.2 Continue to cooperate with the Southwest Florida Water Management District and Tampa Bay Water in developing environmental and hydrologic data that will identify safe and reliable potable water yields in existing and future well-fields. 21.6.3 Continue to ~Goordinate with appropriate local, State, regional and Federal agencies in implementing the water system plan. ***** 21.6.5 Ensure consistencv with the actions defined within the Regional Water Supplv Plan prepared by the Southwest Water Management District. 21.7 Objective - Continue to protect all natural recharge areas having functional hydrological characteristics. ***** 21.7.2 The City ofClcarwat-cr shall include incentives in the Community Development Code for the protection of natural groundwater aquifer recharge areas as identified in the Conservation Element of the Clearwater Comprehensive Plan. 21.7.3 The City of Clcarwat-cr shall continue to protect groundwater quality by enforcing Wellhead Protection Ordinance. - 5- Exhibit A Ordinance 7950-08 Item # 12 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Zoning Atlas Amendment from Business (B) District to the Tourist (T) District for property located at 1101 and 1201 Gulf Boulevard (consisting of Lot 2, Subdivision of Radisson Bayside Hotel, in Section 17 and 20, Township 29 South, Range 15 East and pass Ordinance 7940-08 to amend the Zoning Atlas for this property on first reading. (REZ2008-02001) SUMMARY: This Zoning Atlas Amendment application involves one property of approximately 4.8 acres in area located on the southeast side of Gulf Boulevard approximately 1800 feet south of Clearwater Pass Bridge as well as the adjacent right -of-way of 1.32 acres. This property, known as the Clearwater Beach Marriott Suites on Sand Key, has a Future Land Use Plan (FLUP) classification of Resort Facilities High (RFH) and a zoning designation of Business (B). The City dissolved the B District in 1972. The B designation was the result of a lawsuit settlement stipulation of October 17, 1986 and expired on October 17, 2006. In effect, there is no zoning on the property and the applicant is requesting to amend the Zoning Atlas from the B designation to the Tourist (T) designation in order to have a zoning designation that is consistent with the RFH FLUP. The Planning Department determined that the proposed rezoning application is consistent with the following standards specified in the Community Development Code: The proposed rezoning application is consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. The applications will not have an adverse impact on the natural environment. The Community Development Board reviewed this application at its public hearing on April 15, 2008, and unanimously recommended approval of the zoning atlas amendment. No one from the public spoke. Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 16 CDB Meeting Date: Case Number: Addresses: Agenda Item: April 15, 2008 REZ2008-0200 I 1101 and 1201 Gulf Boulevard F-2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION OWNER/APPLICANT: Andrew Duff, Trustee REPRESENTATIVE: E. D. Armstrong III, Johnson, Pope, Bokor, Ruppel & Burns, LLP LOCATION: 4.8 acres located on the southeast side of Gulf Boulevard approximately 1800 feet south of Clearwater Pass Bridge REQUEST: Rezoning from the Business (B) District to the Tourist (T) District SITE INFORMATION PROPERTY SIZE: 209,040 sq ft or 4.8 acres mol DIMENSIONS OF THE PROPERTY: Right - of -Way: 1,075 feet wide by 195 feet deep mol 57,499 sq ft or 1.32 acres mol PROPERTY USES: Current Uses: Proposed Uses: Overnight accommodations and accessory restaurant and retail sales and services Overnight accommodations and accessory restaurant and retail sales and services PLAN CATEGORY: Current Category: Proposed Category: Resort Facilities High (RFH) Resort Facilities High (RFH) ZONING DISTRICT: Current District: Proposed District: Business (B) Tourist (T) EXISTING Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page I oflO Item # 13 Attachment number 1 Page 2 of 16 SURROUNDING USES: North: Parks and recreation facility South: Restaurant, retail sales and services, offices East: Intracoastal waterway West: Attached dwellings and overnight accommodations ANALYSIS: This rezoning application involves one 4.8-acre property owned by Andrew Duff, Trustee. The subject property is located on the southeast side of Gulf Boulevard approximately 1,800 feet south of Clearwater Pass Bridge. The property has a Future Land Use Plan (FLUP) category of Resort Facilities High (RFH) and has been governed by a Settlement Stipulation. The applicant is requesting to rezone the property to the Tourist (T) District from the Business (B) District. The City dissolved the B District in 1972. Subsequently, a lawsuit was filed against the City of Clearwater by United States Steel Corporation, Cheezem Investment Program I and Cheezem Land Corporation (originally styled United States Steel Corporation, Plaintiff vs. City of Clearwater, a municipal corporation, Defendant (case no. 78-4765-7)) in the Circuit Court for Pinellas County). The Settlement Stipulation governed the intensities and densities on the subject property for 20 years. The subject property is a portion of "Parcel III," as listed in the Settlement Stipulation. Section 12 of the Settlement Stipulation states: "Plaintiffs shall be entitled to develop up to 85,000 square feet of non-residential floor area on Parcel III. In addition, Plaintiffs shall be entitled to develop up to one hundred ten (110) residential dwelling units on Parcel III, or up to two hundred twenty (220) hotel units on Parcel III, or any combination thereof, with a conversion ratio of one (I) residential dwelling unit or two (2) hotel units..." The subject property is currently developed as a 220-unit overnight accommodations use (Clearwater Beach Marriott Suites on Sand Key) and accessory nonresidential uses (spa, restaurant, meeting rooms, outdoor pool). The building is ten (10) stories, approximately 100 feet, tall. Section 25 of the Settlement Stipulation states: "The development rights agreed to herein shall remain in full force and effect for a period of twenty (20) years, and thereafter the City of Clearwater shall be free to regulate the use of the four parcels without limitation as a result of the final judgment entered in this cause in this Settlement Stipulation." The Final Judgment Settlement Stipulation was dated October 17, 1986; therefore it expired on October 17, 2006. As indicated, the City has the obligation to rezone the property to be consistent with the Countywide Rules, the City's Comprehensive Plan and the Community Development Code. Under Chapter 163 of Florida State Statutes, the City's land development code (Community Development Code) shall be consistent with the City's Future Land Use Map and Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 2 oflO Item # 13 Attachment number 1 Page 3 of 16 Comprehensive Plan. The B District is not listed in the City's FLUP of the Comprehensive Plan; therefore the B District is inconsistent with any FLUP and in effect there is no zoning on the property. The T District is listed in the Future Land Use Element of the City's Comprehensive Plan as consistent with the RFH Future Land Use Plan designation. Also, the historic and current use of the property ( overnight accommodations) is consistent with the provisions of the T District. Section 2-80 I of the Community Development Code, titled "Intent and purpose" states: "The intent and purpose of the Tourist District ("T") is to provide a safe and attractive tourist destination in the City of Clearwater with a full complement of tourist accommodations and convenient access to goods and services." The property is larger than the minimum required lot area and lot width for the existing uses in the Tourist District. The existing use and accessory uses on the property are permitted uses in the Tourist District. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602.F.l] Recommended Findings of Fact Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed rezoning are as indicated below: 3.2.1 Policy - Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. The Tourist District is consistent with the City's FLUP for Resort Facilities High and is consistent with the City's Comprehensive Plan. The previous designation of "Business District" does not exist, therefore, cannot be consistent. The proposed zoning atlas amendment is not in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies. Recommended Conclusions of Law Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 3 oflO Item # 13 Attachment number 1 Page 4 of 16 As stated earlier, the property has a FLUP designation of RFH. The Clearwater Comprehensive Plan and Community Development Code specifies that the proposed T zoning district is consistent with the RFH Plan category. The historical use of the property is consistent with the purpose and uses of the T District. Therefore the proposed rezoning is consistent with the Clearwater Comprehensive Plan. II. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Sections 4-602.F.2, 4-602.F.3 & 4-602.F.4] Recommended Findings of Fact Gulf Boulevard Corridor Gulf Boulevard is a three-lane roadway. The center lane is a turn lane with periodic landscape islands surrounding pedestrian crossings. The surrounding area, located south of Clearwater Pass Bridge, is characterized by high-rise attached dwellings, overnight accommodations and land devoted to recreation. The area has a mixture of residential plan categories that allow for 15 (Residential Medium) to 30 dwelling units per acre (Residential High and RFH). Immediately to the north of the subject property is City-owned property developed as the Sailing Center and Sand Key Bayside Park. To the northwest across Gulf Boulevard are the Pinellas County-owned Sand Key Park and the City of Clearwater Fire Station #44. These publicly owned parcels have zoning designations of Open Space/Recreation (OS/R) with underlying FLUP designations ofRecreationlOpen Space (R/OS) and Preservation. To the west, the Sheraton Sand Key Resort is an overnight accommodations use with a zoning designation of T and a FLUP designation of RFH. The RFH allows 30 dwelling units per acre and 50 overnight accommodation units per acre. Also to the west are the Grande and Meridian on Sand Key, which are attached dwelling uses governed by the Settlement Stipulation, noted as B on the City's Zoning Altas, and a FLUP designation of RFH. (Please note that the City is in the process of rezoning all B parcels on Sand Key.) To the south, The Shoppes on Sand Key is a shopping center with restaurants, retail sales and services and office uses. This property is the remainder of "Parcel III" as listed in the Settlement Stipulation. It is currently developed with approximately 36,000 square feet of non-residential floor area. To the east is the Intracoastal Waterway. Recommended Conclusions of Law Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 4 oflO Item # 13 Attachment number 1 Page 5 of 16 The proposed rezoning is compatible with the surrounding residential, recreation and tourist uses. The proposed T zoning district will be in character with existing and abutting uses and zoning designations. The T zoning district will allow attached dwellings, overnight accommodations, restaurants, retail sales and services and offices which are compatible with the surrounding neighborhood. Also, it is consistent with the historical use of the property. III. SUFFICIENCY OF PUBLIC FACILITIES [4-602.F.5] Recommended Findings of Fact As stated earlier, the subject property is 4.8 acres in area and presently occupied by an overnight accommodations use and accessory restaurant and retail sales and services. Based on a maximum allowable density of 30 dwelling units per acre in the existing RFH category and T zoning district, 144 dwelling units could be constructed on the property. At present, no dwelling units occupy the property. The RFH category allows 50 overnight accommodations per acre for a total of 240 units. Also, the RFH category allows a Floor Area Ratio of 1.0 for a maximum gross floor area of 209,088 square feet of nonresidential floor area. Please note that by Countywide Rules, a mixed use development "Shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the gross land area of the property." This Countywide Rule will not allow a site to be developed to the maximum of each density and intensity allowance. Only a proportionate share, based on land area devoted to each use, of each density and intensity can be developed. Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 5 oflO Item # 13 Attachment number 1 Page 6 of 16 Roadways Specific uses in the current and proposed zoning districts have been analyzed for the number of vehicle trips that could be generated based on the Institute of Transportation Engineer's Trip Generation 7ili Edition. Existing B District As Currently Develo ed Hotel Rooms 1 (8.17 trips/unit) 220 rooms 1,797 Shopping Center2 (42.94/1,000 sfgfa) o sf 0 Residential Units3 5.86 trips/unit Maximum Existing B District Development Potential Hotel Rooms 1 (8.17 trips/unit) 220 rooms 1,797 Shopping Center2 Approximately (42.94/1,000 sfgfa) 49,000 st 2,104 Residential Units3 5.86 trips/unit N/A 0.59 130 N/A N/A 3.75 o N/A N/A 0.59 130 N/A 307 3.75 184 54 Proposed T District/Existing RFH FLUP (compared to current B development) - Hotel Rooms 1 (8.17 trips/unit) Shopping Center2 (42.94/1,000 sfgfa) Residential Units3 5.86 tri s/unit 144 units7 844 -953 0.52 I = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 310 2 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 820 3 = Institute of Transportation Engineer's Trip Generation 7th Edition Land Use 230 4 = Parcel III, as listed in the Settlement Stipulation permitted 85,000 square feet of non-residential floor area. The adjacent property to the south of the subject property was developed with approximately 36,000 square feet, leaving approximately 49,000 square feet that could have been developed on the subject property. 5 = Total number of hotel rooms permitted by the underlying RFH FLUP category is 50 units per acre. 6 = Total gross floor area ratio permitted by the underlying RFH FLUP category is 1.0. 7 = Total dwelling units per acre permitted by the underlying RFH FLUP category is 30 units per acre. Maximum Development Potential 240 rooms5 1,961 164 0.59 142 12 209,040 sf' 8,976 7,179 3.75 784 654 75 -55 Community Development Board - April 15, 2008 - Case REZ2008-0200l S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-0200l - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-0200l Staff Report Amended.doc Page 6 oflO Item # 13 Attachment number 1 Page 7 of 16 The traffic analysis above compares the existing uses of the subject property, the uses permitted by the Settlement Stipulation and the maximum development potential allowed by the proposed T District and RFH FLUP. Based on the Institute of Transportation Engineer's Trip Generation 7ili Edition, a shopping center developed at the absolute maximum intensity in the T District (209,040 square foot shopping center) would result in an increase in the PM Peak trips to Gulf Boulevard. It should be noted that it is highly unlikely that a shopping center of this magnitude would be built, due to locational characteristics and lack of population density required to support a retail development of such scale. The Engineering Department has concluded that the traffic generation associated with the most intense use (209,040 square foot shopping center) may increase the existing PM peak hour vehicle trips from 1,160 vehicle trips (existing vehicle trips on roadway segment) to 1,814 vehicle trips (existing vehicle trips plus new vehicle trips). In such a case, the Engineering Department will require the applicant to submit to the City a Traffic Impact Analysis because the expected trip volumes from the shopping center exceeds the City's threshold of 100 new vehicle trips per PM peak hour and/or 1,000 new vehicle trips per day. Should the Traffic Impact Analysis indicate that mitigation measures are necessary, appropriate action will be taken by the City to ensure implementation of the mitigation measures. The City's Engineering Department has concluded that if the property was to be redeveloped at the maximum density of 240 overnight accommodations units only, the PM Peak trips could increase from the existing 1,160 vehicle trips per hour to 1,172 vehicle trips per hour. This increase is insignificant. The City's Engineering Department has also concluded that if the property was to be redeveloped at the maximum density of 144 attached dwellings only, the existing PM Peak trips could decrease from the existing 1,160 vehicle trips per hour to I, I 05 vehicle trips. Recent projects within the Tourist District have primarily involved overnight accommodations and attached dwellings with accessory or limited nonresidential square footage. It is possible that the subject property may redevelop as a combination of overnight accommodations, attached dwellings and nonresidential square footage. Any combination of these uses would reduce their expected maximum number of trips. The 2007 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Gulf Boulevard segment from the Belleair Causeway to South Gulfview Boulevard an LOS of A. The City's Comprehensive Plan permits roadways within the City to operate with an LOS of D at PM peak hour. Thus, any redevelopment would result in an acceptable LOS. In summary, redevelopment of the subject property to the maximum intensity of nonresidential floor area and overnight accommodations density could result in an increase in the number of new vehicle trips in the PM peak hour and redevelopment to the maximum density of attached dwellings could decrease the vehicle trips in the PM peak hour. Mass Transit Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 7 oflO Item # 13 Attachment number 1 Page 8 of 16 The Citywide LOS for mass transit will not be negatively affected by the proposed zoning atlas amendment. The total miles of fixed route service will not change; the subject site is located along an existing transit route and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority's Suncoast Beach Trolley service is available along Gulf Boulevard. Water As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for water. Although redevelopment may result in a greater demand for water, the City has adequate capacity to serve the maximum potential development of the property. Wastewater As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for wastewater. Although redevelopment may result in more wastewater, the City has adequate capacity to handle the maximum potential increase in wastewater from the property. Solid Waste As no change is proposed to the underlying future land use designation, the proposed rezoning will not degrade the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space As currently developed, the Settlement Stipulation governed all Recreation and Open Space impact fees. If any overnight accommodation units and/or dwelling units are added and/or nonresidential floor area is increased, additional impact fees may be required. This fee is addressed through the site plan process and any required payment will be due prior to the issuance of building permits. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the maximum possible traffic increase generated by development on the property is within the requirements of the City's Comprehensive Plan. Further, there is minimal impact to water, wastewater and solid waste service and there is adequate capacity to handle any increases. The proposed T district will not affect open space and recreation facilities or mass transit. IV. LOCATION OF DISTRICT BOUNDARIES [Section 4-602.F.6.] Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 8 oflO Item # 13 Attachment number 1 Page 9 of 16 Recommended Findings of Fact The location of the proposed T District boundaries is logical and consolidates this property into the appropriate zoning district. The T zoning district is a compatible district with the adjacent B, T and OS/R zoning districts located to the immediate north, south and west. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Approval of this zoning atlas amendment does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. SUMMARY AND RECOMMENDATION: Although the B District was dissolved by the City in 1972, due to the Settlement Stipulation the Zoning Atlas continues to assign a B to the subject property. Therefore, an amendment of the Zoning Atlas from B to the T District for the subj ect property is requested. The property exceeds the minimum lot area and lot width requirements for an overnight accommodations use. Surrounding uses include parks and recreation facilities to the north, overnight accommodations and attached dwellings to the west, restaurant, retail sales and services, and offices to the south and the Intracoastal Waterway to the east. The proposed rezoning will be compatible with the existing neighborhood and is compatible with the existing future land use category and reflects the current use on the property. The proposed T District is consistent with the City Comprehensive Plan, is compatible with the surrounding area, does not conflict with the needs and character of the neighborhood and City, does not require nor affect the provision of public services and the boundaries are appropriately drawn. Based on the above analysis, the Planning Department recommends APPROVAL of the following action on the request: Amend the Zoning Atlas designation of 1101 and 1201 Gulf Boulevard and adjacent right - of - way from the Business (B) District to the Tourist (T) District. Prepared by Planning Department staff: Steven Everitt, Planner II Attachments: Application Resume Location Map Aerial Photograph Future Land Use Map Zoning Map Existing Surrounding Uses Map Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 9 oflO Item # 13 Attachment number 1 Page 10 of 16 Site Photographs Community Development Board - April 15, 2008 - Case REZ2008-02001 S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\REZ2008-02001 Staff Report Amended.doc Page 10 of 10 Item # 13 PROJECT SITE Location Map Owner: Andrew R. Duff, Trustee Trust 2030229 Case: Property Size (Acres) : Right-of-Way (Acres): Site: 1101 and 1201 Gulf Boulevard From: To: Land Use RFH RFH Zoning PIN: B T Atlas Page: Attachment number 1 Page 11 of 16 ~c "',',' " " '-'1 ;:: c '-'1 ~ ~ R EZ2008-0200 1 4.80 1.32 20/29/15/73427/000/0020 294A and 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\Maps\Location Map.doc Item # 13 ~Q q,V ~s " ~ ~~ ~~ ~~ ~~ ~.., ~~ ~~ ~~ ' ~.~ ~~ ~, ~ ~., ~~ ~." / ~., ~~ ~~ !t~ !t~ ~~ ~~ ~~ ~~ !t~ !t~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~., ~., , ~~ !t~ ~~ ~~ / ,. ~~ ~~ ~ / ~~ ~~ ~~ ~.~ ~~ ~~ ~~ ~~ ~.. ~., "'*~ Aerial Photograph Owner: Andrew R. Duff, Trustee Trust 2030229 Case: Property Size (Acres) : Right-of-Way (Acres): Attachment number 1 Page 12 of 16 II R EZ2008-0200 1 4.80 1.32 Site: 1101 and 1201 Gulf Boulevard From: To: Land Use Zoning PIN: 20/29/15/73427/000/0020 RFH B RFH Atlas Page: 294A and 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\Maps\Aerial Photograph.doc Item # 13 T Attachment number 1 Page 13 of 16 RlOS E) 16,21 Ac(C) " " "- " " o RFH" " "- "- " PHASE II PHASE I "- "- "- "- WATER o SEENV\I20-23-15 FOR PARCEL INFO WATER RFH Future Land Use Map Owner: Andrew R. Duff, Trustee Trust 2030229 Site: 1101 and 1201 Gulf Boulevard Case: Property Size (Acres) : Right-of-Way (Acres): R EZ2008-0200 1 4.80 1.32 Land Use Zoning PIN: 20/29/15/73427/000/0020 From: RFH B To: RFH T Atlas Page: 294A and 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\Maps\Future Land Use Map.doc Item # 13 Attachment number 1 Page 14 of 16 E) 16,21 Ac(C) r-- - ~8~ T "- "- "- "- "- "- o "- "- "- "- "- PHASE II PHASE I "- "- "- "- o SEENV\I20-23-15 FOR PARCEL INFO p Zoning Map Owner: Andrew R. Duff, Trustee Trust 2030229 Site: 1101 and 1201 Gulf Boulevard Case: Property Size (Acres) : Right-of-Way (Acres): R EZ2008-0200 1 4.80 1.32 Land Use Zoning PIN: 20/29/15/73427/000/0020 From: RFH B To: RFH T Atlas Page: 294A and 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\Maps\Zoning Map.doc Item # 13 Attachment number 1 Page 15 of 16 E) 16,21 Ac(C) r-- - ~8~ Hotel "- "- "- "- "- "- o "- "- "- "- "- PHASE II PHASE I "- "- "- ulti Family Res14ential "- .>'.>'>0 "- o SEENV\I20-23-15 FOR PARCEL INFO Intracoastal Waterway Existing Surrounding Uses Map Owner: Andrew R. Duff, Trustee Trust 2030229 Site: 1101 and 1201 Gulf Boulevard Case: Property Size (Acres) : Right-of-Way (Acres): R EZ2008-0200 1 4.80 1.32 Land Use Zoning PIN: 20/29/15/73427/000/0020 From: RFH B To: RFH T Atlas Page: 294A and 303B S:\Planning Department\C D B\Zoning Atlas Amendments\2008\REZ2008-02001 - 1101 and 1201 Gulf Boulevard - Duff\Maps\Existing Surrounding Uses Map.doc Item # 13 View looking east at the subject property, 1101 and 1201 Gulf Boulevard View looking north at the subject property, 1101 and 1201 Gulf Boulevard View looking west from the subject property Attachment number 1 Page 16 of 16 View looking south at the subject property, 1101 and 1201 Gulf Boulevard View looking southeast at the property to the south of the subject property View of properties to the west of the subject property REZ2008-02001 Andrew Duff, Trustee 1101 and 1201 Gulf Boulevard Item # 13 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7940-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST SIDE OF GULF BOULEVARD APPROXIMATELY 1800 FEET SOUTH OF CLEARWATER PASS BRIDGE, CONSISTING OF LOT 2, SUBDIVISION OF RADISSON BAYSIDE HOTEL, WHOSE POST OFFICE ADDRESS IS 1101 AND 1201 GULF BOULEVARD FROM BUSINESS (B) TO TOURIST (T); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property ZoninQ District See attached legal description From: Business (B) (REZ2008-02001) To: Tourist (T) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 13 Ordinance No, 7940-08 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7928-08 on second reading, creating section 21.18, Code of Ordinances, to prohibit soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone as defined in the ordinance. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 5 ORDINANCE NO. 7928-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA RELATING TO SOLICITING, BEGGING, AND PANHANDLING; CREATING SECTION 21.18, CODE OF ORDINANCES, TO PROHIBIT SOLICITING, BEGGING, AND PANHANDLING IN THE CLEARWATER DOWNTOWN CORE REDEVELOPMENT ZONE AND THE CLEARWATER BEACH CORE TOURIST ZONE AS DEFINED HEREIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater's 112,000 plus residents enjoy a vibrant economy resulting from a huge influx of 4.5 million annual tourists to Pinellas County with Clearwater Beach around WHEREAS, the improvement of the downtown and Clearwater Beach has been a high priority in the City's plan to expand the economic base of the City by attracting new investment and patrons to the area; WHEREAS, the emergence of the City's downtown and beachfront as quality redevelopment areas is due in no small part to the following projects and expenditures by the City of Clearwater: . Cleveland Street Streetscape - Cost: $10 Million As the city's traditional, downtown "Main Street," it was important that Cleveland Street offer a pedestrian-friendly environment that attracts residential and destination development, especially restaurant and retail activity. Infrastructure improvements have included new utility work, landscaping, amenities and medians with opportunity for public art. The project is a central element in the City's downtown revitalization strategy. . Main Public Library - Cost: $20.2 million Clearwater is home to one of the most spectacular and impressive public library facilities in North America. The 90,000 square foot library is located on the waterfront and opened in the spring of 2004. In addition to distinctive Ordinance No. 79~~ # 14 Attachment number 1 Page 2 of 5 architecture, the library features a local history center, meeting rooms, rooftop terrace and galleries. . Myrtle Avenue Reconstruction - Cost: $16.13 million Construction was completed in 2006 on Myrtle Avenue between Lakeview and Fairmont. Infrastructure maintenance, including an improved roadway drainage system, installation of new water mains, hydrants, gas mains and sewer pipes, are among the upgrades. . Downtown Boat Slips Project - Cost: $11-million The project is in its earliest stages. Design plans should be ready by December 2008. Construction of the 120 to 149 public boat slips at the foot of the Memorial Causeway Bridge is slated to begin next year. The project should take a year to complete. . Mandalay Streetscape Improvements - Cost: $3.4 million A major streetscape improvement project along the primary North Beach arterial, completed in February 2003. . Beach Walk - Cost: $30 million Project along Clearwater's prized waterfront. Beach Walk is designed to revitalize the community that surrounds Clearwater's popular south beach destination. Part of the city's "Beach by Design" plan, it has already played a vital role in attracting new hotel development to the beach; . Jamba Juice, Starbuck's Coffee and Dunkin Donuts/Baskin Robbins - national chain franchises that are now leasing on Cleveland Street. . Water's Edge - Waters Edge will have 157 condominium units and 10,000 square feet of retail space. The project is under construction and slated for completion in Fall 2008. . Station Square - The project is a 15-story building with 126 residential condominium units, and 10,000 square feet of ground floor retail including a major restaurant space. In addition, the project will provide more than 100 public parking spaces within a structured garage. The project is under construction and slated for completion in Fall 2008. 2 Ordinance No. 79~~ # 14 Attachment number 1 Page 3 of 5 . Marriott Residence Inn - 7 -story, 115-room select service hotel in downtown Clearwater is under construction and slated for completion in Fall 2008. . Aqualea Resort & Residences - 250 hotel/resort units; 18 permanent residential condominiums. Hyatt will manage hotel portion. The project is under construction. . Holiday Inn Hotel & Suites - 189 renovated hotel rooms and suites. . Kiran Grand Resort & Spa - Proposed project consisting of 350 hotel units and 75 permanent residences (also know as the Patel project). . WHEREAS, the City of Clearwater also spends annually around $620,000 on special events, with $465,000 allocated to downtown events and $135,000 allocated to Beach events; WHEREAS, the City of Clearwater has a substantial interest in providing its citizens and tourists a safe, aesthetic, pleasant environment in which recreational activities can be maximized in the downtown and on Clearwater Beach; WHEREAS, the City of Clearwater has a substantial interest in ensuring the safety and convenience of the public by promoting the free flow of traffic on public streets and sidewalks in the downtown and on Clearwater Beach; WHEREAS, soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone adversely impacts tourism and patronage of businesses by creating a sense of annoyance and intimidation among those tourists, visitors, and citizens who are subjected to such activity; WHEREAS, soliciting, begging, and panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone discourages tourism and retail and contributes to the lack of enjoyment of public places; now therefore 3 Ordinance No. 79~~ # 14 Attachment number 1 Page 4 of 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 21.18, Code of Ordinances, is created to read as follows: Sec. 21.18. Soliciting, begging, or panhandling in the Clearwater downtown core redevelopment zone and the Clearwater Beach core tourist zone (1) Definitions. (a) Soliciting, begging, or panhandling means any request made in person for an immediate donation of money or other thing of value for oneself or another person or entity. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is, in substance, a donation, is a donation for the purpose of this section. Soliciting, begging, or panhandling shall not include the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought but without any vocal request other than a response to an inquiry by another person. (b) Clearwater downtown core redevelopment zone means any of the following areas, which generally are shown on Diagram 1, including the contiguous rights-of-way, sidewalks, piers, promenade, boardwalks, and docks: The area bounded on the east by Myrtle Avenue, on the west by the waters of Clearwater Harbor, on the north by Drew Street westward until it terminates at Clearwater Harbor, and on the south by Pierce Street westward until it terminates at Clearwater Harbor, excluding Coachman Park. GRAPHIC LINK: Click here (c) Clearwater Beach core tourist zone means any of the following areas, which generally are shown on Diagram 2, including the contiguous rights- of-way, sidewalks, and piers: The area bounded on the north by Avalon Street; on the west by the Gulf of Mexico; on the south by the waters of Clearwater Pass; and on the east beginning at Gulf Boulevard on the northern end of the Sand Key Bridge until Gulf Boulevard intersects with South Gulfview Boulevard, then northerly along South Gulfview Boulevard to the intersection of Hamden Drive, then northerly along Hamden Drive until the intersection of Coronado Drive, then northerly along Coronado Drive to and including the Clearwater Marina and Causeway Boulevard, then northerly along Mandalay Avenue to the intersection at Avalon Street. GRAPHIC LINK: Click here 4 Ordinance No. 79~~ # 14 Attachment number 1 Page 5 of 5 (2) Prohibition. It shall be unlawful for any person after being first warned by a law enforcement officer to continue engaging in an act of soliciting, begging, or panhandling in the Clearwater downtown core redevelopment zone or the Clearwater Beach core tourist zone. (3) Exceptions. Nothing in this section shall be deemed or construed to apply to following: (a) Any person located on privately owned property who has the perm ission of the owner or lessee of the property. (b) Any person who has obtained approval for activities in connection with an event at the main Clearwater public library or Harborview Center. (c) Any person who has obtained approval to participate in the Sunsets at Pier 60 event or in any other special event within the Clearwater downtown core redevelopment zone or the Clearwater Beach core tourist zone. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Robert J. Surette Assistant City Attorney Cynthia E. Goudeau City Clerk 5 Ordinance No. 79~~ # 14 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance No. 7941-08 on second reading, rescinding Ordinance No. 7405-05 and Ordinance No. 7406-05. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 2 ORDINANCE NO. 7941-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RESCINDING ORDINANCES NOS. 7405-05 AND 7406-05; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater previously adopted Ordinance Nos. 7405-05 and 7406-05, effective May 5, 2005, which designated a Comprehensive Plan land use category of Residential/Office General and a Zoning District of Office upon annexation of certain property located at 2723 State Road 580; and WHEREAS, the City received correspondence dated May 9, 2007 from the Florida Department of Community Affairs indicating that the comprehensive plan amendment package failed to qualify as a small-scale amendment and that the amendment was ineffective, and requiring that the amendment be rescinded, readopted and resubmitted with the next proposed large-scale amendment cycle, the next feasible such cycle being in March 2008; and WHEREAS, it is thus necessary to rescind the comprehensive plan amendment/designation and its accompanying zoning designation in order that they be readopted by means of the proposed Ordinances Nos. 7922-08 and 7923-08; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Ordinance Nos. 7405-05 and 7406-05 are hereby rescinded, and shall be of no further force and effect. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. I~ #1815 Attachment number 1 Page 2 of 2 2 Ordinance No. ~-#815 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve finalization of the main library funding, authorize project 315-93523 to be closed, resulting in the return of $370,515.24 to the General Fund, and acknowledge the amount contributed by the Clearwater Library Foundation at $2.95 million of the original $5 million pledged. (consent) SUMMARY: As the City was planning the new main library, discussion was held as to the appropriate size of the library. The City had sufficient budgeted funds to build and furnish approximately 66,000 square feet of library. The Library Foundation agreed to raise an additional $5 million dollars and the proposed library was expanded to 90,000 square feet. At the time of the award of the construction contract, the Foundation had contributed $2.1 million of the $5 million pledge, which required the City to contribute $1,132,000 from the General Fund reserves in order to have sufficient funds to award the construction contract. This contract would provide for construction of the entire 90,000 square feet, but that some spaces would be left bare or furnished with existing library furniture. It was hoped that additional funds from the Foundation would be forth coming so that the entire library could be finished and that the $1,132,000 in General Fund reserves could be repaid. The original Foundation payment of $2.1 million was received on September 18, 2002. Over the next few years, additional funds were received with the most recent payment received in January 2008 for $75,000. The total amount contributed by the Foundation is $2.95 million. The original $1,132,000 in General Fund reserves was reduced over time as Foundation pledges arrived. Currently, there is $784.500 in General Fund reserves in the project. The project has a current available balance of $370,515.24 which can be returned to the General Fund reserves, reducing the contribution from reserves to the project to $413,984.76. Below is a summary of the funding for the main library: Revenue: Foundation General Fund Loan Other Donations Interest Earnings Bond Proceeds Penny for Pinellas Total Revenue Less Expenditures Available Balance 2,950,000.00 784,500.00 801,585.52 281,544.71 13,250,000.00 1,200,000.00 19,267,630.23 (18,897,114.99) $ 370,515.24 A quarterly budget amendment will reflect the above changes, close the project, and return $370,515.24 to the General Fund reserves. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Included in background Cover Memo Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: Item # 16 to Review Approval: 1) Clerk Cover Memo Item # 16 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize settlement of the workers' compensation claim of Claimant, George Agovino III, in its entirety to include medical, indemnity and attorney fees for the sum of $30,000. (consent) SUMMARY: On October 15, 2007, Claimant, a police officer for the City of Clearwater, was involved in a work -related automobile accident resulting in neck, back, elbow, and wrist injuries. The Claimant was not at fault in the automobile accident and as such the City of Clearwater has a third party workers' compensation lien for all workers' compensation benefits paid, including this settlement. Claimant had wrist surgery and is to be scheduled for elbow surgery. The neck and back injuries are being treated conservatively and no surgery is anticipated. Although Claimant has not reached maximum medical improvement, his treating physician has indicated that as a consequence of Claimant's neck injury he will not be able to safely resume his employment as a police officer. Claimant has submitted an application for a work -related disability pension, and if this settlement is approved, it will have no effect of his entitlement to a pension or pension benefits. The Claimant continues to receive active medical treatment for his injuries. Settlement of this claim is recommended as being in the best interest of the City by the City's Claims Committee, the Risk Management Division, and the City's outside counsel Mark Hungate. Appropriation Code 590-07000-545800-519-000 Amount $30,000 Appropriation Comment Bid Required?: Other Bid / Contract: No Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 17 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Award a Contract (Purchase Order) for $113,994.00 to Altec Industries of Birmingham, AL for one (1) 2009 International 4300 Cab and Chassis with Altec LRV58 Aerial Lift w/Chipper Dump Body in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize appropriate officials to execute same. (consent) SUMMARY: This truck will be purchased through GSA Contract GS-30F-1028G, Schedule FSC V and quote of April 21, 2008. The truck will replace G 1877 and was included in the Garage CIP Replacement List for Budget year 07/08. The truck will be operated by the Urban Forestry Group within the Public Service Department. Estimated annual operating costs include debt costs of $23,482.76 and garage charges of $4,600.00. Estimated annual operating costs include debt costs Type: Current Year Budget?: Purchase Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: $28,082.76 $28,082.76 2008 to 2009 Appropriation Code 0316-94234-564100-519-000- 0000 Amount $113,994.00 Appropriation Comment LIP CIP Review Approval: 1) Clerk Cover Memo Item # 18 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Award a Contract (Purchase Order) for $124,672.50 to Communications International, Inc of Tampa, FL for memory and software upgrades to existing City 800 Mhz radios, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: These radios are used by the Police Department. We have 47 portables assigned to officers and 31 mobiles installed in the cars. The mobiles must have the memory upgraded to accept the new software. This software will allow the Police Department to transition from analog to digital for enhanced communications. Additionally, the digital operation will allow us to become P25 compliant for Homeland Security interoperability. Appropriation Code 0316-94232-564000-519-000- 0000 Amount $124,672.50 Appropriation Comment LIP CIP Bid Required?: Other Bid I Contract: No Sole Source Bid Number: Bid Exceptions: None Review Approval: 1) Clerk Cover Memo Item # 19 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve the first amendment to the Alligator Creek Watershed Implementation Project, Phase III, Channel F cooperative funding contract with Southwest Florida Water Management District to extend the contract period to December 31, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: This contract is a cooperative funding contract with the Southwest Florida Water Management District (SWFWMD) to design and implement the Channel F project recommended by the Alligator Creek Watershed Management Plan (WMP, June 1997) developed in cooperation with SWFWMD. The Council approved a Cooperative funding agreement with SWFWMD for the Alligator Creek Watershed Plan, Implementation Projects, Phase III, Channel F (L552) on November 16, 2005. The City received a written Notice to Proceed from SWFWMD effective January 26,2006. SWFWMD has committed funding in the amount of $1,000,000 for design, permitting and construction of the Channel F Improvements. This agreement does not change any financial responsibility to the City; it only extends the contract period allowing us to utilize the remaining cooperative funding. Review Approval: 1) Clerk Cover Memo Item # 20 --l --l => :> I Z ~ LlJ --l --l LlJ C) VANDERBILT BLVD LlJ ~ LlJ ~ 0::: r 0 0 z <( Z <:: 0 <( o 0 ~ o OJ --l OJ <ll S C) ~ ....J <( 0::: $ W LAGOON z o ~ --l LlJ III Z 0::: 0... --l >S C) ~ III --l <( 0::: => III (f) <( z DR <( ~ I ~/l~ L~i~ "OO{\. ~ \-'3'" o --l 0::: 0 o \<t CAMPBELL ~ ~.f>v ~~ ~vCJ VANDERBILT VANDERBILT LlJ o 0::: LlJ > Casey CIR WETHERINGTON nLlJI l'@') ""U r ~ m )> c c=:~ ~ I-'~O:':~~~= \~) 0::: ~ 1-) o 0::: LlJ --l o Z <( <.) ENZIE ST Attachment number 1 RUN m r ~ ;:0 >- ~ (f) (f) ~ All igator Creek Channel F Improvements N W~E Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~2~;~~~::~~2:~~6-4755 Map Gen By: SAF Reviewed By: JH Map Document: (V:IGISIEngineeringILocation MapslAlligator Creek Channel F Improvements.mxd) 4/28/2008 -- 10:58:56 AM Date: 4/28/08 s emS~afe:ON.T.S. . . Attachment number 2 Page 1 of 3 AGREEMENT NO. 06C00000005 FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR ALLIGATOR CREEK WATERSHED IMPLEMENTATION PROJECTS, PHASE III, CHANNEL F (L552) This FIRST AMENDMENT by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas- Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748 Clearwater, Florida 33758-4748, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the DISTRICT and the CITY entered into an Agreement dated January 26, 2006 for implementing Best Management Practices (BMPs) in Channel F of the Alligator Creek Watershed; and WHEREAS, the parties hereto wish to amend the Original Agreement to extend the contract period; revise the Project Schedule, and to change the name of the project manager for the CITY due to delays caused by coordination issues, and changes in CITY staff, and NOW THEREFORE, in consideration of the mutual terms, covenants and conditions contained herein, the parties hereby mutually agree to amend the Original Agreement, dated January 26, 2006, as follows: 1. Paragraph 1, Project Manager and Notices, is hereby amended to replace the CITY'S Project Manager with Elliot Shoberg. 2. Paragraph 4, Contract Period, is hereby amended to extend the expiration date of May 15,2008, in the Original Agreement to December 31,2011. 3. Exhibit "A," Paragraph 5, Completion Dates, is hereby amended to complete construction by October 31,2011. Page 1 of 3 Item # 20 Attachment number 2 Page 2 of 3 4. The Project Schedule section of Exhibit "B" is hereby replaced in its entirety with the Project Schedule 2 set forth below: Description Completion Dates Notice to Proceed to Consultant January, 31,2006 Task 1 Design and Permitting & Construction Documents August 30, 2008 Task 2 Construction Commence Construction ** December 31, 2008 Complete Construction October 31, 2011 DISTRICT Review of as-built drawings and quality assurance December 31,2011 test results ** The CITY will be able to apply for reimbursement for costs for performing Task 1 at this time. 5. The terms, covenants and conditions set forth in the Original Agreement, that have not been specifically amended herein, will continue in existence, are hereby ratified, approved and confirmed, and will remain binding upon the parties hereto. The remainder of this page left blank intentionally. Page 2 of 3 Item # 20 Attachment number 2 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: William B. Horne II Date Countersigned: Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie K Douglall-Sides Assistant City Attorney Cynthia E. Goudea City Clerk FIRST AMENDMENT TO AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR FIRST AMENDMENT TO THE ALLIGATOR CREEK IMPLEMENTATION PROJECTS, PHASE III CHANNEL F (L552) DISTRICT APPROVAL INITIALS ~ATE LEGAL M~M 11..16'i RISK MGMT NIA . CONTRACTS ~ fll PRJ DEPT DIR ' DEPUTY EXEC DIR . '1 Y GOVERNING BOARD NIA Page 3 of 3 Item # 20 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT I RECOMMENDATION: Approve two Local Agency Program (LAP) Agreements with the Florida Department of Transportation for the Beach Connector Trail project to receive grants in the amount of $852,429.00 (Agreement FPN 41574415801) and $416,152.00 (Agreement FPN 415744258 01)and authorize the appropriate officials to execute same. (consent) SUMMARY: The two grants, totaling $1,268,581.00, will be used to construct the Beach Connector Trail. The Beach Connector Trail project will construct an important trail connection between the popular Pinellas Trail and Clearwater Beach, thereby providing mid-county residents with trail access to Clearwater Beach. Specifically, the Beach Connector Trail consists of two phases. The first phase extends along the Memorial Causeway between the west end of the Memorial Causeway Bridge and the east end of the West Spur Connector pedestrian bridge over Mandalay Channel (now under construction). The second phase connects the Pinellas Trail to the east end of the Memorial Causeway Bridge. A future project will continue the trail eastward past the Pinellas Trail to the Progress Energy Trail, thereby: (a) providing a continuous connection from the Progress Energy Trail to Clearwater Beach; (b) providing a critical non-motorized alternative to users traveling east -west within the City of Clearwater; (b) providing the only mid-county east -west link between the popular Pinellas Trail and the Progress Energy Trail; and (c) providing mid-county residents with trail access to Clearwater Beach. The City of Clearwater is LAP certified, which means the FDOT has determined City staff is qualified to design and administer construction of FDOT funded projects. This project has been designed as a LAP project. Construction of the Beach Connector Trail will take approximately 10 months. Maintenance statement: The Beach Connector Trail will be maintained by Parks & Recreation Department forces as part of the Clearwater Trail System. A mid year amendment will increase budget only by $1,268,581 ofFDOT (334411) revenue in Capital Improvement Program project 0315-92342, Beach Connector Trail. Type: Current Year Budget?: Capital expenditure None Budget Adjustment: Yes Budget Adjustment Comments: See summary Current Year Cost: Not to Exceed: For Fiscal Year: Annual Operating Cost: Total Cost: to Cover Memo Bid Required?: Other Bid I Contract: No Bid Number: Bid Exceptions: Item # 21 None Review Approval: 1) Clerk Cover Memo Item # 21 Attachment number 1;1 l' Page 1 of 1 elJ' t Map depicting the alignment of the Clearwater Beach Connector Trail (blue lines, Phases I & II) ~arwater -~ u~ Item # 21 Attachment number 2 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 1 FPN: 415744 1 5801 Fund: SE Federal No: Org Code: 55074010706 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:Pinellas (15) Contract No: Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: F596000239-001 THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY OF CLEARWATER hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the construction activities of the Clearwater Beach Trail Connector - Phase 1 Project and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) 1,A and B are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local AQency ProQram Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. Removal of All Funds Item # 21 Attachment number 2 Page 2 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2010. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 852,429.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budR~tMj:Z1 Attachment number 2 Page 3 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 3 available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/9~mfW~0~~g by Attachment number 2 Page 4 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 4 the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Item # 21 Attachment number 2 Page 5 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Item # 21 Attachment number 2 Page 6 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 6 Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). Item # 21 Attachment number 2 Page 7 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes) . All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: Item # 21 Attachment number 2 Page 8 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 8 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice-ot-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts ot Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in complianfi~rWiYl,t1nd will Attachment number 2 Page 9 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 9 require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. Item # 21 Attachment number 2 Page 10 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 10 The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. Item # 21 Attachment number 2 Page 11 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 11 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~ will D will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. Item # 21 Attachment number 2 Page 12 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Frank V. Hibbard Title: Mayor Name: Scott W. Collister, P.E., CPCM Title: Director Transportation Development Attest: Title: Attest: Title: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Item # 21 Attachment number 3 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 1 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 852,429.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipienUsub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. Item # 21 Attachment number 4 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES 4157441 5801 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the City of Clearwater. Dated PROJECT LOCATION: The project is not on the National Highway System. The project is on the State Highway System. PROJECT DESCRIPTION: This project entails Phase 1 of the construction activities of a multi-use trail/walkway which will connect the existing Pinellas Trail to Clearwater Beach via an alignment over Memorial Bridge, along Memorial Causeway and over the Clearwater Beach West Bridge Spur Connector (Mandalay Channel) pedestrian bridge. The project limits for this phase are from the West end of the Memorial Bridge to East end of Clearwater Beach Spur Connector Bridge. SPECIAL CONSIDERATIONS BY AGENCY: The Agency will submit design plans for review and approval. At 90% design plans, the Agency will submit the project Bid Package to include Specifications, updated construction estimate, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package. All above items must be reviewed, approved and a Notice to Proceed must be issued by the Department prior to any construction related activities, including project advertisement. Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The Certification Clear Package must include the following items completed and signed by the authorized Agency representative: 1. Type 1 and Programmatic Categorical Exclusion Checklist 2. Contamination Clearance Form 3. No ROW Needed or ROW Certification Form, as appropriate 4. Rail Clear Letter 5. Permits Clear Letter 6. Utilities Clear/Coordinated Letter The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Bid package including Specifications, updated construction estimate, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package will be submitted to the Department on or before 01/01/08. b) Construction contract to be let on or before 06/30/08. c) Construction to be completed on or before 12/31/10. If this schedule cannot be met, the Agency will notify the Department in writing prior to December 31 , 2007. Failure to comply with this scheduling requirement may be cause for termination of this project agreement and withdrawal of Department funding. Item # 21 Attachment number 4 Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page2 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES The Agency will provide progress billing invoices to the Department on a quarterly basis. The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-300). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action and the funding action from any other source with respect to the project. The Agency shall be responsible for identification and remediation of any hazardous materials and contamination encountered while implementing the project. The Agency will be responsible for documenting to the Department that the project, as designed, qualifies as a Type 1 or Programmatic CE project per FDOT's PD&E Manual. This documentation must be approved by the FDOT prior to any construction related activity, including advertisement. For projects and instances where the Department has provided environmental permitting, the Agency will provide as-built plans to the Department for project close-out. The Agency will be responsible for acquiring all required permits for the project including a Right of Way use permit to be submitted to the appropriate Department Maintenance Office for review and approval prior to construction. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will issue Notice to Proceed to the Agency after Final design plans and the project Bid Package to include Specifications, updated construction estimate, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package have been reviewed and approved. Upon receipt of an invoice, the DEPARTMENT will have sixty (60) working days to review and approve the goods and services submitted for payment. Item # 21 Attachment number 5 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS City Engineer City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 FPN: 4157441 5801 PROJECT DESCRIPTION Name: Clearwater Beach Connector Trail - Phase 1 Proiect Length: Termini: West end of the Memorial Bridqe to East end of Clearwater Beach Spur Connector Bridqe FUNDING (1) (2) (3) TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE & PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right-of-Way 2006-2007 2007-2008 2008-2009 Total Right-of-Way Cost Construction 2006-2007 2007-2008 852.429 852.429 2008-2009 2009-2010 Total Construction Cost 852,429 852,429 Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $852,429 $852,429 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. Item # 21 Attachment number 6 Page 1 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 1 FPN: 415744 2 58 01 Fund: SE Federal No: Org Code: 55074010706 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:Pinellas (15) Contract No: Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: F596000239-001 THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and the CITY OF CLEARWATER hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the construction activities of the Clearwater Beach Trail Connector - Phase 2 Project and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) 1,A and B are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local AQency ProQram Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. Removal of All Funds Item # 21 Attachment number 6 Page 2 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2010. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 416,152.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budR~tMj:Z1 Attachment number 6 Page 3 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 3 available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/9~mfW~0~~g by Attachment number 6 Page 4 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 4 the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures. Sy entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Item # 21 Attachment number 6 Page 5 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Item # 21 Attachment number 6 Page 6 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 6 Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation Lawrence Taylor, District JPA/LAP Administrator 11201 North McKinley Drive, Mail Station 7-500 Tampa, FL 33612 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). Item # 21 Attachment number 6 Page 7 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes) . All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: Item # 21 Attachment number 6 Page 8 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 8 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice-ot-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts ot Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in complianfi~rWiYl,t1nd will Attachment number 6 Page 9 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 9 require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. Item # 21 Attachment number 6 Page 10 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 10 The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. Item # 21 Attachment number 6 Page 11 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 11 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~ will D will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. Item # 21 Attachment number 6 Page 12 of 12 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEM ENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Frank V. Hibbard Title: Mayor Name: Scott W. Collister, P.E., CPCM Title: Director Transportation Development Attest: Title: Attest: Title: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Item # 21 Attachment number 7 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 1 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 416,152.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipienUsub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. Item # 21 Attachment number 8 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES 41574425801 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the City of Clearwater. Dated PROJECT LOCATION: The project is not on the National Highway System. The project is on the State Highway System. PROJECT DESCRIPTION: This project entails Phase 2 of the construction activities of a multi-use trail/walkway which will connect the existing Pinellas Trail to Clearwater Beach via an alignment over Memorial Bridge, along Memorial Causeway and over the Clearwater Beach West Bridge Spur Connector pedestrian bridge. The project limits for this phase are from the East end of the Memorial Bridge to the Pinellas Trail. SPECIAL CONSIDERATIONS BY AGENCY: The Agency will submit design plans for review and approval. At 90% design plans, the Agency will submit the project Bid Package to include Specifications, updated construction estimate, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package. All above items must be reviewed, approved and a Notice to Proceed must be issued by the Department prior to any construction related activities, including project advertisement. Construction related activities conducted prior to Notice to Proceed will not be reimbursed and may render the entire project ineligible for federal funding. The Certification Clear Package must include the following items completed and signed by the authorized Agency representative: 1. Type 1 and Programmatic Categorical Exclusion Checklist 2. Contamination Clearance Form 3. No ROW Needed or ROW Certification Form, as appropriate 4. Rail Clear Letter 5. Permits Clear Letter 6. Utilities Clear/Coordinated Letter The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Bid package including Specifications, updated construction estimate, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package will be submitted to the Department on or before 01/01/08. b) Construction contract to be let on or before 06/30/08. c) Construction to be completed on or before 12/31/10. If this schedule cannot be met, the Agency will notify the Department in writing prior to December 31 , 2007. Failure to comply with this scheduling requirement may be cause for termination of this project agreement and withdrawal of Department funding. Item # 21 Attachment number 8 Page 2 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page2 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES The Agency will provide progress billing invoices to the Department on a quarterly basis. The Agency will complete and provide the Department with a Final Inspection and Acceptance form at the completion of the project in accordance with the Local Agency Program Manual for Federal Aid Projects (Department Procedure: 525- 010-300). This form must be completed and accepted by the Department prior to payment of the project Final Invoice. The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action and the funding action from any other source with respect to the project. The Agency shall be responsible for identification and remediation of any hazardous materials and contamination encountered while implementing the project. The Agency will be responsible for documenting to the Department that the project, as designed, qualifies as a Type 1 or Programmatic CE project per FDOT's PD&E Manual. This documentation must be approved by the FDOT prior to any construction related activity, including advertisement. For projects and instances where the Department has provided environmental permitting, the Agency will provide as-built plans to the Department for project close-out. The Agency will be responsible for acquiring all required permits for the project including a Right of Way use permit to be submitted to the appropriate Department Maintenance Office for review and approval prior to construction. SPECIAL CONSIDERATION BY DEPARTMENT: The Department will issue Notice to Proceed to the Agency after Final design plans and the project Bid Package to include Specifications, updated construction estimate, draft construction contract, completed Construction and Administrative checklists and the Agency's Certification Clear Package have been reviewed and approved. Upon receipt of an invoice, the DEPARTMENT will have sixty (60) working days to review and approve the goods and services submitted for payment. Item # 21 Attachment number 9 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1 of 1 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS City Engineer City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 FPN: 41574425801 PROJECT DESCRIPTION Name: Clearwater Beach Connector Trail - Phase 2 Proiect Length: Termini: East end of the Memorial Bridqe to the Pinellas Trail FUNDING (1) (2) (3) TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE & PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost Right-of-Way 2006-2007 2007-2008 2008-2009 Total Right-of-Way Cost Construction 2006-2007 2007-2008 416.152 416.152 2008-2009 2009-2010 Total Construction Cost 416,152 416,152 Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $416,152 $416,152 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. Item # 21 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a work order to URS Corporation in the amount of $441,107 for engineering design and support during construction services in the Chautauqua/Coachman Reclaimed Water Project (07-0053-UT), and approve the Cooperative Funding Agreement with the Southwest Florida Water Management District (SWFWMD) which provides reimbursement of project cost up to $1,977,000.00, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: . This Agenda Item provides for engineering and design services for the construction of new reclaimed water transmission and distribution mains as outlined in the 2007 Re-evaluate of Reclaimed Water Master Plan. . The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. . This project will target two areas, the primary portion being the Coachman Ridge area with a smaller portion of the project being the Chautauqua area west of McMullen Booth Road. The new distribution system will provide reclaimed water to approximately 550 residential customers. . The desgin phase is anticipated to be completed by January 2009, with the construction phase scheduled for completion by December 30,2010. . URS Corporation is one of the City's Engineers-of-Record, and this work order was negotiated in accordance with the Consultants Competitive Negotiations Act. . This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The purpose of this contract is to accept SWFWMD funding in support of constructing reclaimed water service to the Chautauqua and Coachman Ridge areas of the City of Clearwater. . The Coorperative Funding Agreement between the City and SWFWMD includes reimbursement of up to 50% of the cost of design, permitting and construction costs for transmission and distribution of reclaimed water lines up to a maximum of $1,977,000. There is no cost associated with accepting the Coorperative Funding Agreement. . The estimated total project cost is $3,954,000 and the City's estimated share of the project cost is $1,977,000. . Resolution 07-28 was passed on November 1,2007, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96739, Reclaimed Water Distribution System, in the amount of $441,107.00. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $441,107.00 $441,107.00 2007 to 2008 Annual Operating Cost: Total Cost: $441,107.00 Cover Memo Appropriation Code 0376-96739- 561300- 533-000- 0000 Amount 441,107.00 Appropriation Comment Item # 22 Review Approval: 1) Clerk Attachment number 1 Page 1 of 1 AGREEMENT NO. 08CS0000026 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT (L810) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 1650 North Arcturas Avenue, Clearwater, Florida 33765, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of design and construction of reclaimed water transmission and distribution lines to serve the Chautauqua and Coachman areas of Clearwater, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT; and WHEREAS, DISTRICT funding for the PROJECT may include funds from the Water Protection and Sustainability Program Trust Fund (WPSPTF), Florida Department of Environmental Protection (FDEP), Catalog of State Financial Assistance number: CSFA 37.066. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth in the introductory paragraph of this Agreement. Page 1 of 9 Item # 22 Attachment number 1 Page 1 of 1 Project Manager for the DISTRICT: Project Manager for the CITY: Anthony Andrade Jerry Wells Any changes to the above representatives or addresses must be provided to the other party in writing. 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 6, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Scope of Work set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Paragraph 3.2 below. The adjustment must be in writing, explain the reason for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the not-to-exceed amount set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY agrees to perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the Scope of Work set forth in Exhibit liB. II Any changes to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY prior to being performed by the CITY. subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. If the CITY utilizes a third party to contract directly with consultants and contractors as set forth in Exhibit "A", the CITY will require that such third party provide the necessary supervision in order to ensure that the PROJECT is completed in accordance with the Scope of Work set forth in Exhibit "B." In any case, the CITY is responSible for ensuring that all work performed is conducted in accordance with this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Three Million Nine Hundred Fifty-Four Thousand Dollars ($3,954.000). The DISTRICT agrees to fund PROJECT costs up to One Million Nine Hundred Seventy-Seven Thousand Item # 22 Page 2 of 9 Attachment number 1 Page 1 of 1 Dollars ($1,977,000), subject to Paragraphs 3.1, 3.2, 3.4, 3.7 and 3.8 below, and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to One Million Nine Hundred Seventy-Seven Thousand Dollars ($1,977,000), and will be responsible for all costs in excess of the anticipated total PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 Any funds received from the WPSPTF will be applied to equally reduce each party's share of allowable construction costs not to exceed 20% of the total allowable construction costs for the PROJECT. Any state or federal appropriations or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The parties will provide each other with written documentation detailing their allocation of any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share after all state and federal appropriations, and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. This paragraph will survive the expiration or termination of this Agreement. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Scope of Work set forth in Exhibit "B." The CITY may contract with consultant(s) or contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY in accordance with the Local Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes (F.S.), upon receipt of an invoice, with the appropriate support documentation, which will be submitted to the DISTRICT monthly at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 3.3 The Project Budget includes any travel expenses which may be authorized under this Agreement and reimbursement will be paid in accordance with Section 112.061, F.S., and District Procedure 13-5, attached hereto as Exhibit "C," as both may be amended from time to time. Page 3 of 9 Item # 22 Attachment number 1 Page 1 of 1 3.4 The CITY will ensure that the reclaimed water infrastructure related to the PROJECT is constructed, operated and maintained in such a manner that it will continue to be utilized to its proposed capacity, as described in this Agreement for a minimum of 20 years. Capacity is defined, for the purposes of this Agreement, as the reclaimed water benefits described in the Scope of Work, except for adverse short-term conditions beyond the control of the CITY. The CITY will provide written notice to the DISTRICT of any adverse short-term conditions and the CITY'S plan of action with regard to said conditions. The DISTRICT Project Manager will evaluate and determine the CITY'S compliance with this provision as part of the DISTRICT required "Annual Reclaimed Water Summary Report" evaluation. If the reclaimed water infrastructure related to the PROJECT is not utilized to its proposed capacity as described in this Agreement, the DISTRICT may require the CITY to reimburse the DISTRICT for payments made pursuant to this Agreement in an amount equivalent to the percentage of capacity not attained. This provision will survive the term of this Agreement. 3.5 The CITY will not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.6 Each CITY invoice must include the following certification, and the CITY hereby delegates authority by virtue of this Agreement to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the CITY'S matching funds, as represented in this invoice, are directly related to the performance under the Design and Construction of The Clearwater Chautauqua/Coachman Ridge Reclaimed Water Project (L810) agreement between the Southwest Florida Water Management District and the CITY (Agreement No. 08CS0000026), are allowable, allocable, properly documented, and are in accordance with the approved project budget." 3.7 The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.8 The CITY recognizes that the DISTRICT has approved $296,500 for the PROJECT through Fiscal Year 2008. This amount includes $0 of WPSPTF funds. The additional funds identified by the DISTRICT for the PROJECT are contingent upon approval of such amounts by the DISTRICT Governing Board in the annual budget(s) for future Fiscal Year(s). Additionally, the DISTRICT'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds for the PROJECT. Page 4 of 9 Item # 22 Attachment number 1 Page 1 of 1 4. FLORIDA SINGLE AUDIT ACT. If future funding for this Agreement includes state financial assistance, it will be subject to the Florida Single Audit Act (FSAA), Section 215.97, F.S. Should the CITY become a sub recipient of state financial assistance under this Agreement, it may be subject to audits and monitoring as described in the Special Audit Requirements set forth in Exhibit liD." The CITY would also be required to use the Florida Single Audit Act Checklist For Non-State Organizations - RecipientlSubrecipient vs. Vendor Determination (Attachment 2 of Exhibit "0"), to evaluate the applicability of the FSAA to non-state organizations to which the CITY provides State resources to assist in carrying out activities related to this Agreement. 5. WATER RATE STRUCTURES. The CITY will continue to enforce potable rate structures for water customers in the CITY'S service area that will promote the conservation of water and the use of water from alternative water supplies. The CITY will provide a copy of such rate structures to the DISTRICT prior to the CITY'S first request for reimbursement of PROJECT costs. 6. CONTRACT PERIOD. This Agreement will be effective October 31, 2007, and will remain in effect through December 31,2011, unless terminated, pursuant to Paragraph 10 below, or amended in writing by the parties. Work performed outside of the above contract period is not eligible for reimbursement. 7. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Each party will maintain all such records and documents for at least five (5) years following completion of the PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act, Chapter 119, F.S. 8. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. The CITY must submit all environmental data collected under this Agreement to the DISTRICT for upload to the Florida Department of Environmental Protection's (FDEP) water quality database in accordance with Rule 62-40.540, Florida Administrative Code (F.A.C.). 9. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the . extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. This provision does not constitute a waiver of either party's sovereign immunity under Section 768.28, F.S. or extend either party's liability beyond the limits established in Section 768.28, F.S. Page 5 of 9 Item # 22 Attachment number 1 Page 1 of 1 10. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement at the time of termination. To effect termination, the terminating party will provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will automatically terminate. 11. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 12. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if applicable, Basin Board funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. If construction is involved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 13. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and rights and construction has commenced. 14. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under this Agreement. 15. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects staff will meet regularly during the PROJECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations. 16. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make Page 6 of 9 Item # 22 Attachment number 1 Page 1 of 1 good faith efforts to encourage the participation of minority owned and woman owned and small business enterprises, both as prime contractors and sub-contractors, in the performance of this Agreement, in accordance with applicable laws. 16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority owned and woman owned and small businesses are afforded an opportunity to participate in the performance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spent with each contractor or sub-contractor, and to the extent such information is known, whether each contractor or sub-contractor was a minority owned or woman owned or small business enterprise. If no minority owned or woman owned or small business enterprises were used in the performance of this Agreement, then the report shall so indicate. The MinoritylWomen Owned and Small Business Utilization Report form is attached as Exhibit "E." The report is required upon final completion of the PROJECT prior to final payment, or within thirty (30) days of the execution of any amendment that increases PROJECT funding, for information up to the date of the amendment and prior to the dispersement of any additional funds by the DISTRICT. 17. ASSIGNMENT. No party may assign any of its rights under this Agreement, including any operation or maintenance duties related to the PROJECT, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner without the prior written consent of the other party. In the event of any purported assignment of rights in violation of this section, the parties agree that this Agreement shall terminate and is void. 18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Page 7 of 9 Item # 22 Attachment number 1 Page 1 of 1 21. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity: may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, .proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity: and may not transact business with any public entity. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 24. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority will first be given to the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," then to Exhibit "D," then to Exhibit "B," and then to Exhibit "E." Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" Special Project Terms and Conditions Scope of Work District Travel Procedure 13-5 Special Audit Requirements MinoritylWomen Owned and Small Business Utilization Report Form Page 8 of 9 Item # 22 Attachment number 1 Page 1 of 1 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date CITY OF CLEARWATER By: Frank V. Hibbard, Mayor-Commissioner Date By: Bill Horne, City Manager Date Approved as to form: Attest: City Attorney By: Cynthia E. Goudeau, City Clerk Date COOPERATIVE FUNDING AGREEMENT BElWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT (L810) DISTRICT APPROVAL INITIALS ~TE LEGAL -4:fI U r.toi RISK MGMT . CONTRACTS - ~ ~ PRJ DEPT DIR 1 DEPUTY EXEC DIR . ~,\.y" GOVERNING BOARD N/A Page 9 of 9 Item # 22 Attachment number 1 Page 1 of 1 AGREEMENT NO. 08CS0000026 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design and a contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT in accordance with the Scope of Work attached as Exhibit "B." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR and will give notice to proceed to the CONSULTANT no later than May 30, 2008. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the design profeSSional performs according to the standards of his or her profession. The CITY will require the design profeSSional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 3. FINAL DESIGN REPORT AND APPROVAL. The CITY must provide the DISTRICT with a final design report. The final report must clearly evidence that at least fifty percent (50%) of the reclaimed water will offset existing or planned, ground water or surface water withdrawals. The CITY must obtain the DISTRICT'S approval of the final design report prior to proceeding with implementation of the PROJECT. The DISTRICT will not unreasonably withhold its approval. 4. DISTRICT REVIEW OF CITY'S SELECTION OF CONTRACTOR. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. The CITY will provide the DISTRICT with a copy of the "Notice to Proceed" provided to the CONTRACTOR. The CITY will be responsible for overseeing the CONTRACTOR'S work efforts in construction of the PROJECT, however, the CITY will keep the DISTRICT'S Project Manager apprised on all PROJECT related matters. Page 1 of 7 Item # 22 Attachment number 1 Page 1 of 1 5. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICT'S prior written approval of all contracts entered into with its CONSULTANTS and its CONTRACTORS as referenced above in item number one of this exhibit. The DISTRICT will not unreasonably withhold its approval. 6. COMPLETION DATES. The CITY will commence construction on the PROJECT by December 31, 2008 and will complete the PROJECT by December 31, 2010.. However, in the event of any national, state or local emergency which significantly affects the CITY'S ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies beyond the control of the CITY such as labor strikes or riots, then the CITY'S obligation to complete said work within aforementioned time frames will be suspended for the period of time the condition continues to exist. This will be the CITY'S sole remedy for the delays set forth in this paragraph. 7. ANNUAL RECLAIMED WATER SUMMARY REPORT. The CITY must provide the DISTRICT with an "Annual Reclaimed Water Summary Report' showing the reuse flow and customer information for the CITY'S entire reuse system. This report requirement will become effective upon execution of this Agreement. The reporting period will be October 1 st through September 30th and the report must be submitted by January 1 st of the calendar year following the fiscal year period. The report format is attached as Attachment "1," Sample Annual Reclaimed Water Summary Report. The report format will be updated by the DISTRICT as needed. The CITY will obtain the DISTRICT'S approval of the report before the report is finalized, and the DISTRICT will not unreasonably withhold its approval. Annual submission of this report will eliminate the requirement for the Reclaimed Water Offset Report by the CITY from any ongoing or previously completed reclaimed water projects with the DISTRICT. In addition to other remedies provided in this Agreement, noncompliance with this report requirement may affect the CITY'S eligibility for further DISTRICT funding. This provision will survive the term of this Agreement. 8. PROJECT COORDINATION. The CITY will keep the DISTRICT advised at all times during the course of the PROJECT. The CITY will provide the DISTRICT'S Project Manager with advance notice of all PROJECT meetings with the CONSULTANT, CONTRACTOR, other third parties, and regulatory agencies and will copy the DISTRICT'S Project Manager on all pertinent PROJECT related correspondence. The CITY will provide the DISTRICT'S Project Manager with updated design and construction schedules. The CITY will provide the DISTRICT'S Project Manager written bi-monthly status reports a minimum of fifteen (15) days prior to January 1, March 1, May 1, July 1, September 1, and November 1, of each year through out the term of the Agreement. Page 2 of 7 Item # 22 Attachment number 1 Page 1 of 1 9. DISTRIBUTION REQUIREMENTS. The CITY will adhere to the following terms and conditions and will provide written documentation of the status of each prior to requesting any reimbursement. A. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will submit a copy of the applicable section of its Comprehensive Plan requiring dual distribution (potable and reclaimed) lines in new developments within their reclaimed water service area, and will provide assurances of enforcement. B. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will submit a copy of their existing current ordinance/code (Article IX: Reclaimed Water Use; Ord. Sec. 32.351 thru 32.383) which provides for the efficient use of reclaimed water for aesthetic landscape irrigation which results in at least a fifty percent (50%) offset to ground water, surface water, and or potable water supplies. Examples may include, but are not limited to: eliminating daytime reclaimed water irrigation, odd/even reclaimed watering schedules, and residential reclaimed water metering coupled with water conserving rates. Such measures will be developed/implemented with the intent of eliminating practices, which do not result in the beneficial offset of potable, or groundwater uses. C. The CITY will enforce a policy to guarantee a rate of connection to the reclaimed water system that is not less than fifty percent (50%) of the customer accounts in the PROJECT'S service area. This fifty percent (50%) rate of connections will be achieved in the PROJECT service area within one year of PROJECT completion. The policy and proof of this connection rate is included in the Scope of Work set forth in Exhibit liB. II D. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will have initiated the installation of reclaimed water meters within the PROJECT service area identified in the Scope of Work set forth in Exhibit "B." The CITY will maintain said meter{s) and report annual utilization to the DISTRICT. 10. EDUCATION PROGRAM AND APPROVAL. The CITY will continue the customer education program promoting the efficient use and conservation of reclaimed water. Plans for the program are included in the Scope of Work set forth in Exhibit liB". The CITY must obtain the DISTRICT'S approval of the educational material prior to proceeding with implementation of the PROJECT. The DISTRICT will not unreasonably withhold its approval. The education program must continue to be implemented prior to reimbursement from the DISTRICT. 11. REQUIRED RECLAIMED WATER CUSTOMERS. The CITY will obtain written agreements with reclaimed water customers served by the PROJECT that provide at least fifty percent (50%) of the PROJECT'S proposed reclaimed water offsets of Page 3 of 8 Item # 22 Attachment number 1 Page 1 of 1 existing or planned, ground water or surface water withdrawals, under normal operating conditions for a minimum of 20 years. Written notification that all such agreements have been secured will be provided to the DISTRICT'S Project Manager prior to initiating construction of the PROJECT, and copies will be furnished upon request. Where reclaimed water will offset withdrawals under water use pennits (WUPs), the CITY will secure long tenn written agreements with those customers served by the PROJECT, ensuring utilization of reclaimed water at the proposed capacity, as described in this Agreement, for a minimum of 20 years. The CITY will ensure said customers will provide the PROJECT'S proposed offsets of existing or planned, ground water or surface water withdrawals, under nonnal operating conditions. Written notification that all such agreements have been secured will be provided to the DISTRICT'S Project Manager prior to initiating construction of the PROJECT, and copies will be furnished upon request. 12. RECLAIMED WATER GIS REQUIREMENTS. Reclaimed water facility information will be delivered to the DISTRICT, preferably as four separate Arclnfo coverages or ESRI shapefiles, as detailed below. If the CITY is unable to provide the reclaimed water facility information in the preferred formats, the CITY must obtain the DISTRICT'S written approval of a mutually acceptable alternative format. The DISTRICT'S GIS Manager and each party's Project Manager must approve the written summary of the alternative format. The CITY must provide the reclaimed water facility GIS information to the DISTRICT upon completion of PROJECT construction and prior to submission of the final invoice. Coverages will have the following characteristics: ~ Double Precision. ~ Projection of Universal Transverse Mercator (UTM), Zone 17, NAD 83/90 datum (HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum. ~ Full topological structure with no edit masks. ~ Verified FUZZY tolerance of .001 meters. Shape files will have the following characteristics: ~ Projection of Universal Transverse Mercator (UTM), Zone 17, NAD 83/90 datum (HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum. ~ All line features will be snapped at connecting ends. ~ Shared borders of adjacent polygon features will have exact coincidence. No slivers are permissible. This requirement is analogous to the topological requirements for Arclnfo polygon coverages. These data files are designed to be developed using heads-up digitizing techniques from 1 :12,000 digital orthophotos. Higher accuracies are permissible, but the attribute Page 4 of 8 Item # 22 Attachment number 1 Page 1 of 1 and topological structures defined below will be adhered to. If requested, the DISTRICT will provide technical assistance and digital orthophoto base maps that can be used for data automation. All data files will be delivered on CDROMs, or if approved in writing, transfers via Internet FTP will be accepted. The following data files will be delivered: Waste Water Treatment Plants Coverage Name: WWTREA TPL Description: Locations of all waste water treatment plants. Locations are to be represented by a point that represents the approximate center of the main entry gate of the property on which the treatment plant resides. Coverage Type: POINT Items in addition to default attributes for Arclnfo point coverages. PLANT_CAPACITY 4, 12, F, 2 Permitted annual daily average treatment capacity, in millions of gallons per day (MGD). PLANT_FLOW 4, 12, F, 2 Annual daily average of treated water, in millions of gallons per day (MGD). REUSE_CAPACITY 4,12, F, 2 Permitted annual average reuse capacity in millions of gallons per day. PLANT _RE_FLOW 4, 12, F, 2 Annual daily average flow of reclaimed water, in millions of gallons per day (MGD). REP_YEAR 4,4, I Reporting year PLANT_FLOW PLANT _RE_FLOW values. and PLANT_NAME 40, 40, C Name of treatment plant. TREAT_LEVEL 3, 3, C Treatment level: ADV Advanced.(AWT). SAD Secondary treatment with filtration. SEC Secondary treatment. FT Full treatment. Page 5 of 8 Item # 22 Attachment number 1 Page 1 of 1 DISINF _LEVEL 2,2.C Disinfection level: BA Basic. IN Intermediate. HI High. FT Full treatment disinfection. Reclaimed Water Transmission Lines Coverage Name: RWLlNES Description: All proposed and existing reclaimed water lines. All features will be located within plus or minus 10 meters of their actual location. Coverage Type: LINE Items in addition to default attributes for Arclnfo line coverages. LINE STATUS 2, 2, C Current status of line: EX Existing line. PR Proposed line. LINE_SIZE LINE_FUNDING 4, 12, F, 1 Diameter of reclaimed water line in inches. 1, 1. C Is funding provided by the District for this line? Y Yes N No Reclaimed Water Storage Areas Coverage Name: RWSTORAGE Description: Locations of all reclaimed water storage facilities. Locations are to be represented by a point that represents the approximate center of the main entry gate at which the reclaimed storage facilities reside. Coverage Type: POINT Items in addition to default attributes for Arclnfo point coverages. STORAGE TYPE 4, 4, C Type of reclaimed water storage facility: POND Pond or uncovered tank. TANK Tank. ASR Aquifer storage and recovery. Page 6 of 8 Item # 22 Attachment number 1 Page 1 of 1 Is funding provided by the District for this facility? V Ves N No STORAGE_FUND 1, 1, C Current status of storage facility: EX Existing. PR Proposed. STORAGE_STAT 2,2, C Reclaimed Water Users Coverage Name: RWUSER Description: Polygons delimiting the area served by reclaimed water lines. Locations are to be represented by a polygon that represents the reclaimed water user. This coverage is not meant to represent individual households, but instead should represent subdivisions, agricultural or commercial operations, golf courses, etc. All features shall be located within plus or minus 10 meters of their actual location. Coverage Type: POLYGONS Items in addition to default attributes for Arclnfo line coverages. USER_NAME USER_TYPE 60, 60, C Name of the reclaimed water user at that location. 4, 4, C Type of reclaimed water user: RES Residential irrigation. GOLF Golf course irrigation. RIA Recreational/Aesthetic (parks, cemetery, fountains and other water features). MINE Mining and dewatering. POW Power generation. I/C Industrial/Commercial. GW Ground water recharge. IP Indirect potable reuse (surface water augmentation). WET Wetlands creation, enhancement or restoration). AG Agriculture irrigation. Page 7 of 8 Item # 22 Attachment number 1 Page 1 of 1 QUANTITY 4, 12, F, 3 Estimated annual daily average amount of reclaimed water used, in millions of gallons per day (MGD). USER_STATUS 2,2, C Current status of water user: EX Existing user. PR Proposed user. USER_STORAGE 1,1, C Onsite reclaimed water storage. Y Yes N No The remainder of this page intentionally left blank. Page 8 of 8 Item # 22 ~ o a.. w Q: ~ c( ::E ::E :J r.n · 0:: !'""w - I- I-c( ffi3: ::EO J:w _ U::.:!: ~~ c(U w Q: ...J _ c( :J Z Z c( W ...J a.. ~ (/) - N N ::t:I:: E Q) ::!::: Attachment number 1 Page 1 of 1 AGREEMENT NO. 08CS0000026 EXHIBIT "B" PROPOSED PROJECT PLAN PROJECT INFORMATION 1. TYPE OF PROJECT: This alternative water supply project consists of the design, permitting and construction of reclaimed water transmission mains, distribution piping to provide service to the Chautauqua/Coachman area of the CITY. The PROJECT consists of the design, permitting and construction of reclaimed water transmission mains, distribution piping in the Chautauqua/Coachman area of the CITY. 2. PROJECT OBJECTIVE: The goal of this PROJECT is to replace existing potable water and potable quality groundwater used for irrigation and other non-potable uses with reclaimed water. This endeavor represents a timely opportunity to leverage CITY and DISTRICT funds for a project that will be integral in offsetting high potable water use in an areas that do not have access to reclaimed water. The PROJECT described below will assist the CITY in attaining the goal of building a citywide reclaimed water system. 3. PROJECT DESCRIPTION: A. A PROJECT location map for the PROJECT and the Chautauqua/Coachman area is attached as Figure 1 . B. The PROJECT includes: . Approximately 9,500 linear feet of 12" diameter reclaimed water transmission mains . Approximately 44,000 linear feet of 4" to 6" diameter reclaimed water distribution system lines C. There are approximately 700 single-family residential customers in the PROJECT'S distribution service area of which approximately 480 have in-ground irrigation systems. Approximately 300 customers within the service area are irrigating using potable lawn meters, and another 150 are irrigating with potable domestic meters (no lawn meters), for a total of 450 potable irrigation customers. In addition to residents using potable for irrigation, another 170 are irrigating with Page 1 of 7 Item # 22 Attachment number 1 Page 1 of 1 shallow wells. The 170 shallow well users are not included in the offset calculations. Of the 700 residential customers, approximately 450 residential irrigation customers (250 Chautauqua and 200 Coachman) are initially anticipated to connect to the system and will use 0.27 million gallons per day (mgd) of reclaimed water to offset 0.14 mgd of potable quality water. At the PROJECT build-out the CITY anticipates serving more than 550 customers; however the offsets above only include the initial 450 customers. D. No commercial customers are included in the PROJECT. 4. DEMONSTRATION OF NEED: . This PROJECT will optimize water management in the CITY by reducing the water withdrawn from well fields and from irrigation wells, and reduce the disposal of effluent water to Tampa Bay and Clearwater Harbor. . This PROJECT will help meet Pinellas-Anclote River Priorities by reducing groundwater withdrawal, reducing pollutant loading to Tampa Bay and Clearwater Harbor, and to help recharge aquifers in accordance with the Needs and Sources report. . This PROJECT is supported by goals found in previous years Basin Board's plans, State Water Policy, the Florida Water Plan, Reports of the Tampa Bay Estuary Program, DISTRICT Needs and Sources Study, the Water Use Cautionary Management Plan, and area Comprehensive Planning Documents to maximize the reuse of highly treated wastewater. . . This PROJECT is consistent with the update of the CITY'S Reclaimed Water Expansion Plan. . Funding for the PROJECT is included in the CITY'S Capital Improvement Plan. 5. MEASURABLE BENEFITS: This PROJECT will support the delivery of 0.27 mgd of reclaimed water to the PROJECT area. The expansion of reclaimed water service to these areas will offset an estimated 0.14 mgd of current potable water and potable quality groundwater used for non-potable uses, as well as enable future expansion of the CITY'S system. 6. DELIVERABLES: A. Bi-Monthly Design/Construction Status Reports B. Preliminary PROJECT design Page 2 of 7 Item # 22 Attachment number 1 Page 1 of 1 C. 20-year customer commitment agreements D. Copy of CITY ordinance/code requiring dual distribution lines in new developments E. Copy of CITY ordinance/code which provides for the efficient use of reclaimed water F. Construction bid-packages G. Construction contract for DISTRICT approval H. Construction completeness letter from the CITY'S Public Utilities Director I. Reclaimed water GIS information J. Annual Reclaimed Water Summary Reports 7. PROJECT COST: The total eligible cost of this PROJECT is estimated to be $3,954,000, of which the DISTRICT'S share is expected to be 50 percent, or $1,977,000, from the Pine lIas- Anclote River Basin Board. The Pinellas-Anclote River Basin Board funded $296,500 in FY2008, and the remaining $1,680,500 will be requested in future fiscal years. The cost amortized at 8 percent over 30 years is $6.81 per thousand gallons offset. The total PROJECT cost is estimated to be $3,954,000 categorized as follows: TASK DISTRICT WPSPTF CITY TOTAL Design and Permitting $296,500 $0 $296,500 $593,000 Transmission $621,800 $0 $621,800 $1,243,600 Distribution $1.058.700 ~ $1.058.700 ~2.117.400 TOTAL $1,977,000 $0 $1,977,000 $3,954,000 The CITY will fund its share of PROJECT costs from the Water and Sewer Enterprise funds including revenues from the sale of reclaimed water. The funds for the PROJECT are included in the adopted Capital Improvement Plan. If future DISTRICT funding for the PROJECT includes funds from the Water Protection and Sustainability Program Trust Fund (WPSPTF), Florida Department of Environmental Protection (FDEP), catalog of State Financial Assistance number: CSFA 37.066, the CITY agrees to adhere to all applicable policies and rules. Page 3 of 7 Item # 22 Attachment number 1 Page 1 of 1 8. COMPLETION SCHEDULE: DISTRICT Notice to Proceed (reimbursement contingent upon full execution)............ October 31,2007 Initial Design Commence..................... .... . .. ... . .. . . . ... . .. . .. . ..... October 31, 2007 Full Design and Permitting Commence................................................. May 30,2008 Co nstruction Commence............................................................. December 31, 2008 Complete Construction................... ............................................. December 31, 2010 Agreement Termination............................................................... December 31,2011 9. IMPLEMENTATION: The CITY'S Public Utilities staff will be responsible for implementing this PROJECT. The CITY will utilize an engineering consultant to design the systems and will construct the PROJECT using approved general contractors through normal public bid procurement. 10. KEY PERSONNEL: The CITY'S contact with DISTRICT staff and Project Manager will be: Primary Contact Jerry Wells, Reclaimed Water Manager City of Clearwater PostOffice Box 4748 Clearwater, Florida 34618-4748 (727) 562-4960 Secondary Contact Tracy Mercer Public Utilities Director City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 (727) 562-4960 11. ADDITIONAL REQUIREMENTS Policy to guarantee customer participation and a minimum of a 50% connection rate within one year of completion of PROJECT. . The CITY will guarantee a 50% connection rate within one year of completion of the PROJECT. The policy for enforcing connection will be per a CITY ordinance/code #32.376, which states" no person shall use potable water for irrigation through a new Page 4 of 7 Item # 22 Attachment number 1 Page 1 of 1 or existing lawn meter on property where reclaimed distribution facilities are available". Potable irrigation will not be allowed. In the event a person does not comply, potable service will be disconnected after a series of letters and meetings with the customer. The CITY requires all large reclaimed water customers to sign a 20 year reclaimed water service agreement prior to construction of the transmission lines necessary to serve the customer's property. Education promoting the efficient use of reclaimed water. . The CITY provides education on reclaimed water and conservation on the CITY TV channel, and web site, with a link to DISTRICTS web site. Education is also provided with brochures and educational materials provided at the CITY'S customer service department, libraries and Public Utilities department. We provide each reclaimed user with a reclaimed water policy manual that they must read and sign for before service is provided. Information is provided at the initial inspection, at homeowner meetings, in billing stuffers and through the CITY'S monthly utility insert message. Ordinance/code requiring efficient use of reclaimed water. . The CITY will require the efficient utilization of reclaimed water. To conserve the reclaimed water resource, daytime restrictions on watering with reclaimed water are included in ordinance/code #32.383, which states liTo conserve the resource, the CITY will institute daytime restrictions on irrigation whereby no irrigation is allowed by use of reclaimed water between 8:01 AM and 5:59 PM on each day of the week." The CITY will install individual meters on all connections and will monitor/report usage and discourage overuse through a variety of methods (including metering and water conserving rates for customers, planned service interruptions, time of day and day of week irrigation restrictions) to guarantee the PROJECT achieves at least a 50% offset efficiency. Ordinance/code requiring dual distribution lines in new developments within reclaimed water service areas. . The CITY developed and submitted to the State of Florida modifications to its Comprehensive Plan which state lithe CITY requires as a condition of development approval, the use of reclaimed water for landscape irrigation or the installation of dual distribution system (potable and reclaimed water) for future service, if reclaimed water lines are not yet available to the proposed development." Page 5 of7 Item # 22 Attachment number 1 Page 1 of 1 or existing lawn meter on property where reclaimed distribution facilities are available". Potable irrigation will not be allowed. In the. event a person does not comply, potable service will be disconnected after a series of letters and meetings with the customer. The CITY requires all large reclaimed water customers to sign a 20 year reclaimed water service agreement prior to construction of the transmission lines necessary to serve the customer's property. Education promoting the efficient use of reclaimed water. . The CITY provides education on reclaimed water and conservation on the CITY TV channel, and web site, with a link to DISTRICTS web site. Education is also provided with brochures and educational materials provided at the CITY'S cu~tomer service department, libraries and Public Utilities department. We provide each reclaimed user with a reclaimed water policy manual that they must read and sign for before service is provided. Infonnation is provided at the initial inspection, at homeowner meetings, in billing stuffers and through the CITY'S monthly utility insert message. Ordinance/code requiring efficient use of reclaimed water." . The CITY will require the efficient utilization of reclaimed water. To conserve the reclaimed wate!. resource, daytime restrictions on watering with reclaimed water are included in ordinance/code #32.383, which states ''To conserve the resource, the CITY will institute daytime restrictions on irrigation whereby no irrigation is allowed by use of reclaimed water between 8:01 AM and 5:59 PM on each day of the week." The CITY will install individual meters on all connections and will monitor /report usage and discourage overuse through a variety of methods (including metering and water conserving rates for customers, planned service interruptions, time of day and day of week irrigation restrictions) to guarantee the PROJECT achieves at least a 50% offset efficiency. Ordinance/code requiring dual distribution lines in new developments within reclaimed water service areas. . The CITY developed and ~ubmitted to the State of Florida modifications to its Comprehensive Plan which state 'the CITY requires as a condition of development approval, the use of reclaimed water for landscape irrigation or the installation of dual distribution system (potable and reclaimed water) for future service, if reclaimed water lines are not yet available to the proposed development." Page 5 of 7 Item # 22 Attachment number 1 Page 1 of 1 Figure 1 Map of Project (Existing reclaimed lines and appurtenances drawn in solid, and L810 PROJECT related lines and appurtenances drawn in hash~mark.) Page 6 of 7 Item # 22 _ Attachment number 1 I-ftri.~ . .. _ g_ ~ . .I~. ~LtR08EUI ,. Page 1 of 1 1...".-'-_ .. L ~..-:,.-.(~~rl en" ; "\'/'--1 ....-,.I~. 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'"v"\ Page 7 of 7 Attachment number 1 AGREEMENT NO. 08CSOO~eof 1 EXHIBIT "C" PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONIOEPT.: Repcaftln,!,FI~a~ tf~..,-o.:f;. NUMBER: 13-5 APPROVED!'\': ~ r..'t".ft..- EUcluIM.~ CFFECTI\IEOATE: 10/01/06 PAOE: 1 OF 11 SUPERSEDE8: 08/30/96 The travel procedures for the District shall follow generally accepted travel procedures for state agencies, to the extent practicable, and comply with the legislative intent of Chapter 112. Florida Statutes (F .5.). PUBLIC PURPOSE: The public purpose test for travel is that It must be necessary to conduct official District business. Justification must be detailed, sufficient to explain the benefit to the District and to the traveler's work responsibilities. AUTHORITY TO INCUR TRAVEL EXPENSES1: All travelers of the District must be authorized in advance to incur travel expenses for a public purpose through a properly executed Travel Authorization fonn, Board Consent Agenda, Board Policy 130-5, Signature Authority Procedure 11-8, or employee position description. AUTHORIZED TRAVELERS2: Any person who has received advance authorization in compliance with Board Policy 130.5 to incur travel necessary to perform official District business under one of the following categories: . Governing and Basin Board members . Executive Director, Deputy Executive Directors, General Counsel and Inspector General. . Employees in a Board authorized regular, part-time or temporary position declared to be in travel status by their Director or the Director's authorized representative. . Advisory committee members shall be authorized travelers of the District upon approval by the Executive Director or designee. When members are added to or removed from a committee, Accounts Payable must be notified. . Consultants and advisors shall be authorized as travelers of the District under the terms of a contract or agreement executed by the Executive Director or designee. . Employment candidates for regular, full time, pay grade 14 and above positions shall be authorized as travelers of the District under a Travel Authorization form prepared by the appropriate department in coordination with Human Resources. The candidate will be asked to sign the Travel Authorization form upon arrival for the interview, indicating agreement with the District travel procedure. OFFICIAL HEADQUARTERS: This is the office, field office or location where the traveler is normally assigned and from which that person performs the majority of their duties. Each employee's official headquarters shall be that which is designated in their Human Resources official record, except: . The official headquarters of an employee located in the field shall be the specific site (identified by address or nearest intersection) where the majority of their work is performed, or as designated by the District 1 Travel Expense - The usual ordinary and incidental expenditures necessarily incurred by a traveler. (~112.061(2)(g), F.S.) 2 Authorized Traveler - A public officer, public employee. or authorized person when performing authorized travel. (~112.061(2)(f), F.S.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONIDEPT.: RepP!1jng/Fi9ance NUMBER: 13-5 ~OI. ~ '-ti-<)(.. ApPROVED BY: D.\V1DL MOOIU:. ExEcunvE DIIElTOR EFFECTIVE DATE: 10/01/06 PAGE: 20F11 SUPERSEDES: 08/30/96 · When an employee ,is stationed in a city, town, or locality for a period of over 30 continuous workdays, such location shall then be deemed to be their official headquarters. Upon such reassignment, the employee shall no longer be eligible for mileage, per diem or subsistence (meal allowance) reimbursement unless the 3O-day period of time Is extended by the express approval of the Executive Director or designee. The official headquarters of a Governing or Basin Board member is their home address. Board members will be reimbursed for actual round trip mileage from their home address to their destination when traveling on District business. To establish mileage, Board members may provide odometer readings or a map program print screen. If a Board member changes their home address during their term in office, the Board and executive Services Department shall notify Accounts Payable of the new address and the effective date. TRAVEL AUTHORIZATION (TA): A TA form must be fully executed, with all approvals required by the Signature Authority Procedure 11-8, prior to scheduling or incurring any expenses related to the travel period3. All District travelers must use this form to define the publiC purpose and obtain approval for the following: · Attendance at any convention4, conference6, seminar or workshop · Employee candidate travel expenses . Travel advance requests The statement of publiC purpose for attendance at a convention, conference, seminar or workshop must explain how the objectives of the event are related to or provide benefit to the mission of the District and/or the duties and responsibilities of the traveler. The T A form must be completely filled out according to the form instructions. The form must be typed or completed in ink. A copy of the fully executed TA must be kept on file in the traveler's department for both the current fiscal year and the prior fiscal year. The original T A form must be submitted with the Travel Voucher. 3 Travel Period - A period of time batwaan the time of departure and time of return. (1112.061(2)0), F .5.) 4 Convention - An assembly of a group of persons representing parsons and groups, coming together for the accomplishment of a purpose of interest to a larger group or groups. A convention does not mean the coming together of agency or Interagency personnel. (Rule 691-42.002(4), Florida Administrative Code (F.A.C.)) 5 Conference - The coming together of persons with a common interest for the purPose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The tenn also includes similar meetings such as seminars and workshops, which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work In some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or Interagency pelSOnnel. (Rule 691- 42.002(3), F.A.C.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLe: TRAVEL Accounting & Financial SECTloNlDEPT.: R~ng/;]i ~ NUMBER: 13-5 I . f-I../-r;, APPROVED BY: IIlDL. M ill. ExEcunvE DIRECmlR EFFECTIVE DATE: 10/01/06 PAGE: 3 OF 11 SUPERSEDES: 08/30/96 When In the best interest of the District, an employee who has been approved to leave from home must identify their home address as the point of origine for the specific travel period covered on their TA. It is in the best interest of the District when the distance from the employee'S home to the point of destination is less than the distance from their official headquarters to the point of destination. SIGNATURES REQUIRED FOR TRAVEL AUTHORIZATION: The traveler must sign the TA form In Ink and secure the appropriate approval ,authority signatures as indicated. No one may exercise signature authority for himself or herself; rather, approval of a higher level of authority must be obtained In accordance with Signature Authority Procedure 11..a. JUSTIFICATION MEMO: A justification memo is required when more than three staff from the same department plan to attend the same convention, conference, seminar or workshop in accordance with Signature Authority Procedure 11-8. TRAVEL ADVANCES: A traveler may request a Travel Advance for Class A travel when the traveler anticipates substantial travel expenses. Advances will not be authorized for Class B or C travel. The maximum travel advance shall not exceed 80 percent of the estimated cash expenses, such as mileage, per diem, subsistence (meal allowance), parking and tolls. In calculating an advance, the traveler may not include expenses, which will be paid directly by District procurement card or District check. A Travel Advance will not be Issued for less than $100. To request a Travel Advance, a traveler must submit a fully executed TA to Accounts Payable at least five days prior to departure. The Advance must be reconciled by submitting a Travel Voucher to Accounts Payable within ten workdays of the traveler's return to work. CONTINUOUS TRAVEL STATUS: Continuous travelers are employees who routinely travel ovemight Those employees authorized for continuous travel status may request a Travel Advance in an amount not to exceed 80 percent of expected travel expenses for a two-week travel period. Employees in continuous travel status must submit a Travel Voucher at the end of the travel period to document their actual expenses and reconcile the Travel Advance. When an employee is no longer in continuous travel status, any Travel Advance amount in excess of actual expenses must be refunded to the District within ten workdays. All continuous Travel Advances must be reconciled before the end of each fiscal year. TRAVEL VOUCHER (TV): The TV fom is used to document and request reimbursement for all authorized travel related expenses. The TV must be completely filled out according to the form instructions and must be typed or completed in ink. When a 1V covers a travel period for which a TA was issued, the original TA form along with all necessary backup documentation, such as the registration fom, agenda, travel itinerary and route maps, must be submitted to Accounts Payable within ten workdays of the traveler's return D Point of Origin - the geographic location of the traveler's official headquarters or the geographic location where travel begin, whichever is lesser distance from the destination. (Rule 691-42.002(15), FA.C.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONlDEPT.: R~ng/Ffta~~ NUMBER: 13-5 ~~ .~ c}-"I..D( ApPROVED BY: DAVID L. Pi""'"" ExECUTM! OIlBTOR EFFECTIVE DA.TE: 10/01106 PAGE: 4 OF 11 SUPERSEDES: 08/30/96 to work. TVs that do not include a travel period covered by a TA must be submitted to Accounts Payable at least monthly. If a traveler has been issued a Travel Advance that exceeded their actual expenses, they must submit reimbursement to the District within ten workdays of their return to work and attach a copy of the cash receipt to their TV. The actual amount of the reimbursement will be detennined by an audit of their TV by Accounts Payable. Governing and Basin Board members may elect to submit their TVs quarterly. SIGNATURES REQUIRED FOR TRAVEL VOUCHER: The traveler must sign the form In Ink and secure the appropriate approval authority signatures as Indicated. No one may exercise signature authority for himself or herself; rather, approval of a higher level of authority must be obtained in accordance with Signature Authority Procedure 11-8. CLASSES OF TRAVEL: Three classes of travel exist as follows: Class A Continuous travel of 24 hours or more, away from official headquarters and away from home ov~rnight. This is based on four equal quarters of six hours each, which shall be a travel day7 (midnight to midnight). Class B Continuous travel of less than 24 hours, away from .official headquarters and away from home overnight This is based on six-hour quarters, which begin at the hour of departure. Class C Short or daytime trips during which the traveler is not away from official headquarters overnight (travel may occur during evening hours due to special assignment). PER DIEM (Class A or B Travel Only): All travelers shall be allowed reimbursement for per diem or subsistence (meal allowance) when traveling to a convention or conference or when traveling within or outside the state in order to conduct official District business, when such convention, conference, seminar, or business serves a direct and lawful public purpose with relation to the District Either of the following methods of calculating per diem may be selected for the travel period at the option of the traveler: · A flat rate of $80 per day ($20 per quarter day) requiring no receipts for rooms or meals. OR · Reimbursement for actual lodging cost, at the single occupancy rate to be substantiated by a detailed receipt, and the authorized subsistence (meal allowance). When lodging or meals are provided at a publicly operated facility, the traveler shall be reimbursed only for the actual expense of lodging or meals not to exceed the maximum allowances. No one shall be reimbursed for any meal or lodging included in a convention or conference registration fee. 7 Travel Day - A period of 24 hours consisting of four quarters of six hours each. (fi112.061(2)(i), F.S.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONIDEPT.: Rep9f,lipg/Fln":b NUMBER: 13-5 ~~, q ..Cf-Gt APPROVEDSY: DAIIlDL. COR EXEcunIIED~ EFFECTIVE DATE: 10/01/06 PAGE: 5 OF 11 SUPERSEDES: 08/30/96 In the case of foreign travel, the traveler may choose the State per diem rate as stated above or the foreign travel per diem rate as authorized by Section 112.061(3){f), F.S. SUBSISTENCE (MEAL ALLOWANCE) RATES (Class A. B or C Travel): Breakfast 6 a.m. . . . 8 a.m. 2 .m. 8 .m. -...... ~ Lunch 12 .m. Dinner 6 .m. Subsistence (meal allowance) will be paid to travelers in Class A and Class B status and also to travelers in Class C travel status when participating in scheduled meetings, seminars, workshops, special assignments or other official business which occurs outside the normal work assignment Of a traveler. No allowance shall be made for subsistence (meal allowance) when travel is confined to the city or town of a traveler's official headquarters or the immediate vicinity, except when travel expenses are authorized by aT A form. Staff whose normal work assignment is "in the field" may not receive subsistence (meal allowance) for lunch until they have worked 40 hours in a workweek. District authorized holidays are the only leave that may be added to determine the hours worked. In compliance with Internal Revenue Service. Publication 15. Circular E. Employer's Tax Guide. all Class C subsistence (meal allowance) reimbursements are subject to consideration as income for tax purposes. When a conference or convent/on registration fee includes meals, the traveler will not be reimbursed for the meals being provided (continental breakfast Is considered a breakfast and is not reimbursable when provided). Reimbursement for meal expense will be at the appropriate subsistence (meal alla.vance) rate regardless of the actual cost of the meal. The traveler must absorb any cost above the subsistence (meal allowance) amount Tips will not be reimbursed. LODGING/ACCOMMODATIONS: Lodging expenses are authorized for District travelers in Class A or B travel status. Lodging for District employees and Board members is to be reserved and paid with a District procurement card and must be substantiated by an original detailed receipt which must be filed with the traveler's procurement card reconciliation documents. If circumstances necessitate that the traveler use a personal credit card. the original detailed receipt along with an explanation of the circumstances must be filed with their lV. When two or more District employees elect to share a room while traveling under Class A or B travel status, they must all elect the same method of per diem reimbursement. A traveler may not receive reimbursement for lodging within the local area (within 50 miles one-way of their official headquarters or home) unless authorized by the Deputy Executive Director of Management Services. . Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL AccoU~nanCial SECTIONlDEPT.: Reportin nan~ ~". NUMBER: 13-5 PAGE: 6 OF 11 . /ffII- - 1-"1 ~O'- ApPROVED BY: D.\V1 . ~otioE ExEcurIIIE DIRECTOR EFFECTIVE DATE: 10/01/06 SuPERSEDES: 08/30/96 When the scheduled conclusion of an event prevents a traveler from returning home by a reasonable hour. the Department Director must determine whether an additional overnight accommodation is warranted. If approved, the traveler's departure shall be scheduled for the following morning. If the traveler chooses to delay departure without approval. the use of personal leave will be required and per diem and lodging expenses may be waived. In order to achieve a cost savings to the District, the District may contract directly with a hotel. TRANSPORTATION: All travel must be by a usually traveled route utilizing the most efficient and economical means. It is the responsibility of the traveler's department to determine the most efficient and economical means prior to scheduling any travel arrangements. It is recommended that a District vehicle be used for all statewide business travel, unless the- use of a personal vehicle or common carrie,s would be more efficient or cost effective. All common carrier business travel for District employees must be booked through the District's travel arrangements provider and paid with a District procurement card. Special provisions when business and personal travel are combined: Personal travel expenses must never be charged to a District procurement card. Prior to scheduling combined business and personal travel, staff should contact Accounts Payable to identify documentation required to accurately record business and personal expenses. PERSONAL VEHICLE EXPENSES: The use of a personal vehicle must be authorized by the Director of the department Incurring the expense. When a traveler Is authorized to use a personal vehicle in lieu of a District vehicle or common carrier, the following conditions shall apply: · A traveler. shall be entitled to a mileage reimbursement at the rate approved by the State Legislature (currentfy 44.5 cents per mile). · All mileage shall be shown from the point of origin to the point of destination. along a usually traveled route. · Mileage shall be calculated by one of the following methods: o Odometer readings o Online map program o District established mileage (Frequently Traveled Routes) (Service Office Mileage) · When a person travels by an indirect route for their own convenience, any additional costs shall be borne by the 1raveler. Reimbursement shall be based only on such costs as would have been incurred by a usually traveled route. . Each stop during a travel period must be reported on a separate line on the TV form and must Include all information required on the form. · A traveler shall not be paid a mileage reimbursement for travel between their home and their official headquarters or assigned work location. 8 Common Carrier - Commercial airline operating scheduled flights or rental vehicles of an established rental car firm. <S112.061(2Xh), F.S.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL . Accounting & Financial SECTlONlDEPT.: RepOrtin~anc~e f),.. NUMBER: , ~ C;.....,-O-1 ApPROVED BY: Df.V1DL: DE ExEcurM!DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 7 OF 11 SUPERSEDES: 08/30/96 · If traveling on a non-business da'" to a location other than their official headquarters or assigned work location, the point of origin may be the traveler's home. In no case shall mileage claimed exceed the miles actually driven. · On a regularly scheduled business day when a traveler leaves from or returns to their home, the traveler shall only be entitled to reimbursement for the lesser of the mileage between a business site and their home or their official headquarters or assigned work location. In no case shall mileage claimed exceed the miles actually driven. . · No traveler shall be entitled to mileage or transportation expense when gratuitously transported by another person or by another traveler who is entitled to reimbursement. · Mileage for two round trips to an airport or the cost of contracted transportation may be approved if it Is detennined to be more efficient or economical than one round trip plus airport parking fees. · A traveler shall be reimbursed the lesser of the common carrier fare or the actuaJ mileage reimbursement amount, whichever is detennined to be more economical to the District Prior to the traveler's departure, the scheduling department shall obtain an estimate of airfare and rental vehicle costs from the Dlstricfs travel arrangements provider and submit the estimate wtth both the T A and the TV. · Reimbursement for expenditures related to the operation, maintenance and ownership of a vehicle shall not be allowed. VEHICLE RENTAL: Rental vehicles shall be reserved through the District's travel arrangements provider, with any changes or cancellations coordinated prior to the traveler's departure. District employees on official business must make payment with their District procurement card. Personal use of a rental vehicle may not be reserved or charged to a District procurement caret. Before signing a rental vehicle agreement, travelers are to ensure: . The proper rental rate has been applied. · Additional insurance coverage win not be charged to the District. · The refueling service option has not been selected. · Sales tax will not be charged in the State of Florida. · The most economical vehicle to appropriately accommodate the travel has been selected. Travelers shall use a Class 3Ct Intermediate vehicle. The use of any vehicle larger than Class 3C Intermediate must be adequately Justified (e.g., more than four travelers, transporting equipment or supplies) and approved by the traveler's Director. I ntennecliate Full-Size Four-Door Minivan Business use of a rental vehicle under the State contract or District agreement includes collision coverage. The District will not pay for additional insurance coverage. The rental vehicle must be g Non-business day - For a public officer or employee, a weekend or an authorized District holiday. (Rule 691-42.002(10), F.A.C.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITlE: TRAVEL Accounting & Financial SECTlONlDEPT.: Reporting/Fi ce ~ NUMBER: 13-5 . 1-f-or. APPROVE08Y: DIRECTOR EFFECTIIJEDATE: 10/01/06 PAGE: 8 OF 11 SUPERSEDES; 08/30/96 refueled prior to being returned. Original fuel receipts must be filed with the traveler's procurement carel reconciliation documents or submitted with a TV, as appropriate. The traveler must retain both the rental agreement and the final detailed rental receipt to be filed with their procurement card reconciliation docum$nts. A copy of the rental agreement must be submitted with the TV. Rental vehicle charges shall be coded to Object Code 4008. Special provisions for combined business and personal use of a rental vehicle: When combining business and personal travel, a traveler must reserve and make payment with a personal credit card. A copy of the rental agreement and original detailed receipt must be submitted with their TV. The traveler shall only be reimbursed for the business portion of the travel period based on the lesser of, the estimated cost provided by the District's travel arrangements provider or the amount calculated (by Accounts Payable) from their actual receipt Prior to the traveler's departure, the scheduling department shall obtain an estimate of rental vehicle cost for the business portion of the travel period from the District's travel arrangements provider. The estimate must be submitted with the TV. Under provisions of Rule 608-1.012, F.A.C. all seated occupants of rented vehicles are required to utilize the seat belts or occupant restraint systems provided. Failure to comply with this Rule shall subject employees to disciplinary action. Any costs Incurred for personal negligence (I.e.. traffic or parking citations, keys locked in vehicle, etc.) will be the sole responsibility of the traveler. Additionally, all travelers shall be responsible for providing proof of vehicle Insurance to the District, if requested. AIR TRAVEL: All commercial flights must be economy class unless otherwise approved by the Executive Director or designee. The District's travel arrangements provider must be used for requesting comparable estimates and booking all flights for District employees. The scheduling department shall be responsible for determining the most efficient and economical method of travel prior to making reservations. Both pages of a fully authorized TA form must be faxed to the travel arrangements provider to purchase an airline ticket. Payment for employee business related travel must be charged to a District procurement card designated by the employee's Director. All airline tickets and airfare transaction fees must be charged to Object Code 4007. Cancellations must tie made no later than one hour prior to a f1ighfs scheduled departure time to retain the value of a ticket for future use (within one year) by the named traveler. If the District incurs costs fer the purchase of an airline ticket and the traveler subsequently chooses not to use the ticket, the ticket must be canceled in a timely manner or the traveler must reimburse the District for all unrecoverable costs. Any costs incurred for tickets, which are canceled at the traveler's discretion, but not rebooked within the allowable timeframe, must also be reimbursed to the District An increase in airfare of $100 or more over the estimated costs on the TA must be justified by the traveler and approved by the traveler's Director. All unjustified cost, whether due to a traveler's negligence or personal discretion, must be reimbursed to the District. Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial sECTIONlDEPT.: Reporting~/ce .A." NUMBER: 13-5 , ~~ q-'1..o. ApPROVED BY: lIIDL M NE.-ExEcUl1YEDIRBrnIR EFFECTIVE DATE: 10/01/06 PAGE: 9 OF 11 SUPERSEDES: 08/30/96 Special provisions for combined business and personal air travel: Although personal travel may be combined with business travel and booked together through the District's travel arrangements provider, personal expenses must never be charged to a District procurement card. Additionally, if a traveler purchases an airline ticket through a source other than the District's travel arrangements provider, such ticket must not be charged to a District procurement caret In either instance, the traveler must make payment with a personal credit card and must submit a copy of the itinerary and proof of payment with their TV. The traveler shall only be reimbursed for the business portion of the travel period based on the lesser of the estimated cost provided by the District's travel arrangements provider or the amount calculated (by Accounts Payable) from their actual receipt The scheduling department shall obtain an airfare estimate from the District's travel arrangements provider prior to the traveler's departure and submit the estimate with both their TA and TV. CHARTER FLIGHT SERVICE: This service is to provide specific transportation in order to conduct District business (overflights are excluded from this procedure). Flight requests for Governing or Basin Board members, Executive Director, Deputy Executive Directors, General Counselor Inspector General will be arranged through the Executive Department, after receiving approval as stated in this procedu~. The use of charter flights by staff members should be an exception and must be authorized by the Executive Director. Purchasing will process the flight request in accordance with Board Policy 150-1 and District Procedure 15-1, Procurement, governing procurement practices, which includes contracting for services with an appropriate charter flight service. Emergency arrangements may be made direcUy with Purchasing, who will then notify the Executive Department to obtain the required approvals. INCIDENTAL TRAVEL EXPENSES: The following information shall be required with a TV when claiming reimbursement for incidental travel expenses: . Receipts or canceled checks for registration fees paid by the traveler. · Receipts for taxi fares in excess of $25 on a per-fare basis. · Receipts for storage, parking fees or tolls in excess of $25 on a per transaction basis. Storage or parking fees are not allowed on a weekly or monthly basis unless it can be established that such method results In a savings to the District. . A statement that communication expenses were business related. This includes fax and internet connection charges. NOTE: Telephone calls made to the traveler's family are not a reimbursable communication expense. . Receipts for dry-cleaning, laundry and pressing expenses when official travel extends beyond seven days and such expenses are necessarily incurred to complete the official business portion of the trip. . Receipts for passport and visa fees required for official travel. . Receipts for necessary fees charged to purchase traveler's checks for official travel expenses. .. Receipts for fees charged to exchange currency necessary to pay for official travel expenses. . Photocopy charges that are business related in excess of $25 on a per event basis. Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONlOEPT.: Reporting/Fi~. J f'1u NUMBER: 13-5 ^' In.--. tj_'I-O' ApPROVED BY: MDL MaoiiE ExECUrMi DIRECTOR EFFECTIVE DATE: 10/01/06 PAGE: 10 OF 11 SUPERSEDES: 08130/96 Lost or missing receipts will require a signed statement from the traveler with Department Director's approval in order to receive reimbursement Other travel expenses may be reimbursed if deemed to be in the best interest of the District and upon the Finance Director's approval. The following do not require a receipt: · Tips paid to taxi drivers that do not exceed fifteen percent of the taxi fare. · Tips paid for mandatory valet par1dng not to exceed $1 per incident. · Portage paid shall not exceed $1 per bag not to exceed $5 per incident. Portage charges exceeding $5 per incident will require justification. Other travel expenses not detailed in this procedure shall be handled by exception with the Finance Director's approval. EMERGENCY SlTUATIONS10: When a publiC officer, employee or authorized person away from their official headquarters on personal time 11 is required to travel because of a District emergency situation, the following shall apply: · The traveler may be reimbursed for travel expenses incurred in traveling from their point of origin to their point of destination, which may be their official headquarters. · If personal circumstances necessitate the traveler to return to their point of origin after the emergency sibJation has ended, rather than returning to or staying at their official headquarters, the traveler may be reimbursed their travel expenses to return. · The traveler's request for reimbursement of travel expenses claimed from a point of origin rather than their official headquarters shall contain an explanation of the emergency situation that necessitated their travel from such point. · If an authorized traveler has incurred certain unrecoverable costs associated with personal plans and is unable to carry out such plans due to an emergency situation, such costs that are not recoverable may be reimbursed by the District. Request for reimbursement must provide the circumstances of the emergency situation. EMERGENCY OPERA liONS: The Governor has authority to issue an Executive Order in response to a major disaster or emergency that may result in the suspension of all or a portion of Section 112.061, F.S. to an extent necessary to meet the emergency. In the event of such as suspension, the District's Executive Director or designee is provided the discretion to allow the purchase of food and beverages for personnel operating the Districts Emergency Operation Center (EOC) on a 24-hour basis during an emergency. 10 Emergency Situation - Circumstances in which there is an immediate danger or a threat of immediate danger to the public health, safety or welfare or of other substantial loss. requiring emergency action. (Rule 691-42.002(6). F.A.C.) 11 Personal Time - The time outside the regular work hours of a business day, a non-busineSs day or day for which the officer or employee had prior approval for a leave of absence. (Rule 691-42.002( 13), FAC.) Item # 22 Attachment number 1 Page 1 of 1 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTloNlDEPT.: Reporting/F~.n e IJ _ NUMBER: 13-5 PL--" f~-/)" ApPROVED BY: MDLMOoR Exmt1llllEDfREOl'OR EFFECTIVE DATE: 10/01/06 PAGE: 11 OF 11 SUPERSEDES: 08130/96 When Section 112.061, F.S., has been suspended, in whole or in part. and the executive Director or designee has activated the District's Emergency Operations Center, EOC authorized travelers must adhere to the following guidelines: · All EOC travelers will receive the Finance departmenfs Emergency Operations Travel Instructions. These instructions Include fonns that have been modified to more accurately document the infonnation required for Federal, State and County reimbursement submittals. The forms should be completed as travel occurs and must be submitted to Accounts Payable at the end of each biweekly payroll period. · Per diem and subsistence (meal allowance) rates shall remain the same, but the schedule for Class C subsistence (meal allowance) reimbursement has been modified to three B-hour periods, as detailed on the Emergency Order/EOC Activation Class C Travel Clock. · EOC authorized travelers who wor1c at least an B-hour shift per day shall be entitled to a full daily subsistence (meal allowance) reimbursement, less subsistence (meal allowance) for food that has been provided. · The EOC Provisions Unit Leader shall determine when and where food will be made available to authorized travelers in lieu of subsistence (meal allowance). · The cost for food service should not exceed the subsistence (meal allowance) amounts and the food service should be carefully controlled. · When authorized by the EOC Coordinator, a procurement card may be used to purchase food. In such cases, a receipt must be submitted with a list of the names of all travelers to whom food was provided. Food costs which exceed the established subsistence rates shall require a detailed explanation. Emergency expenses that are not related to travel should not appear on the TV. Paid Invoices or receiptS for such cash expenses must be submitted for reimbursement through petty cash or, if over $50, by submitting a check request to Accounts Payable. The Executive Director may modify or Interpret this Procedure. Item # 22 Attachment number 1 Page 1 of 1 AGREEMENT NO. 08CSOOOOO26 EXHmlT "D" SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the DISTRICT to the CITY, a subrecipient under this Agreement, may be subject to audits and monitoring as described in this Exhibit. MONITORING In addition to reviews ofaudits conducted in accordance with Section 215.97, Florida Statutes (F.S.), as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DISTRICT staff, and other procedures. By entering into this Agreement, the CITY agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the DISTRICT. The CITY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department of Environmental Protection (DEPARTMENT), Chief Financial Officer (CFO), or Auditor General of the State of Florida. AUDITS PART I: STATE FUNDED This part is applicable if the CITY is a nonstate entity as defined by Section 215.97(2}(l), F.S. 1. In the event that the CITY expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such CITY, the CITY must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. Attachment 1 to this Exhibit indicates the amoWlt of state financial assistance awarded through the DISTRICT by this Agreement. In determining the state financial assistance expended in its fiscal year, the CITY shall consider all sources of state financial assistance, including state fmancial assistance received from the DISTRICT, DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass- through awards and resources received by a nonstate entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part I, Paragraph I, the CITY shall ensure that the audit complies with the requirements of Section 215.97(7}, F.S. This includes submission of a financial reporting package as defined by Section 215.97(2}(d}, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the CITY expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the CITY expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the CITY'S resources obtained from other than state entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), the CITY should access the Florida Single Audit Act (FSAA) website located at www.fsaa.state.fl.us. PART II: REPORT SUBMISSION I. Copies of financial reporting packages required by PART I of this Exhibit shall be submitted by or on behalf of the CITY directlv to each of the following: A. The DISTRICT at the following address: Accounting and Financial Reporting Manager Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 Item # 22 Page 1 of5 Attachment number 1 Page 1 of 1 B. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 C. The Auditor General's Office at the following address: State of Florida Auditor General Room 401. Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 2. Any reports, management letters, or other information required to be submitted pursuant to this Exhibit shall be submitted timely in accordance with Chapters 10.550 (local govenunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 3. The CITY. when submitting financial reporting packages for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the CITY in correspondence accompanying the reporting package. PART III: RECORD RETENTION The CITY shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the DISTRICT, or its designee, DEPARTMENT, CFO, or Auditor General access to such records upon request. The CITY shall ensure that audit working papers are made available to the DISTRICT, or its designee, DEPARTMENT, CFO, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the DISTRICT. PART IV: RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION The CITY, as a subrecipient of state financial assistance, must use the Florida Single Audit Act Checklist For Non- State Organizations - Recipient/Subrecipient Vs. Vendor Determination (Attachment 2), to evaluate the applicability of the FSAA to non-state organizations to which the CITY provides State resources to assist in carrying out activities related to this Agreement. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK. Item # 22 Page 2 of5 .... .... I:l B .G y " ~ I o 1.1. IJ.l i5 l:5 E-o v.l ..... v.l ~ u I -< v.l ~ ~ ~ ~ f:l,., i: ..... u ~ ~ @ ~ ~ i IS '.c <Q .t:: ~ - e-~ r"l ~ CoB ~ ~a "<t - ~ v.l ~ ~ OIl .S .. ] vi ~ r-: c:J'I iii .... N 1:1 ~ 0 = 1 0 .... ..c 1 ll.l .~ S u s 11 ~ '" II) '" Q :s E= v.l .a I-< II) 1 III ~ o ~ ll.l I: v.l 0 IS ~ u v.l ::I OIl '::1 0 .S u i ] B ~I :: j =I e "S ~f:l,., Ill. ~ ~ ';181-< .c:l .... \C '0 OIl B .... ~ II) \C .i i ~ I.~ 1 0 r..: .. =I ...( Z r"l 1:1 0 U 1.1. U .... 1:1 ~ e a 00 I II) 8 ~ B> N s-; I -< r-- .. v.l .~ 0 :a 0 .... 1.1. 1:'1 S ... 1:1 III ::I ~ .t II) 11 >< ~ ~ - = e u tfJ ~ OIl ,gf:l,., .c:l .6 M'~ .... s ] ell '2 1.1. ~, 1.1. -e ~~~ . ~ e .. 0 III ~ 11 0 0 .. 0 ~ 0 V"l ! tfJ~z r"l r-- .... r"l ll.l ~~ ~.5 ,-,] ~ l! Ij .- >> ~i u :i .~ ~~ .-u ~" 0 0 ofi 0 0 ~~ V"l V"l r-: r-: fill! r-- r-- ~n O\n ..... .- - - o t iI't iI't Jl ! N >> N .a~ ::t:I:: ~ ]-l!! E ~ ~ Q) E-o "..... ...... -SO 8- = 0 .- &l ]6 ]} " .l!lofi 1.5 V"l .;~ \0.0 0 [] r"l cu Ii CI ~ e ~ .... Q,J! 1:1 ~Sl ~ El ~ z 1] .. OIl -< .. ~.s :a r~ ... s .... ~ a =.. III JI,s ::I ~ VI r3 .t VI ~~ i: u6. - ~~ U III .c:l uS .... 0 >..c .... i~ i .e III -sl3 ~ il ~ :s11 = 8 I~ i ae E- U 1. i ;: E- ll.l ~.c' - Q Attachment number 1 Page 1 of 1 Attachment 2 FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS - RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website (http://www.myflorida.comlmyfloridalgovernmentlgovernorinitiativeslfsaalindex.html). If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now. (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSM) to non- state organizations1 after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(r), F .5.). This checklist assists in determining if the non-state organization is a vendor, recipienUsubrecipient, or an exempt organization. 1 A non-state organization is defined as a nonprofit organization, for-profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources. Recipients and subreciplents of state financial assistance must also use this checklist to evaluate the applicability of the FSM to non-state organizations to which they provide State resources to assist in carrying out a State Project. Name of Non-state Organization: Type of Non-state Organization: (Le. nonprofit, for-profit, local government; if the non-state organization is a local government, please indicate the type of local government - municipality, county commission, constitutional officer, water management district, etc.) Awarding Agency: Title of State Project: Catalog of State Financial Assistance (CSFA) Number: ContracUGranUAgreement Number: PART A ~ NO 1. Is the non-state organization a district school board, charter school, community college, governmenUpublic university outside of Florida or a Federal agency? 2. Is the relationship with the non-state organization only to procure commodities (as defined in 287.012(5) F.S.)? 3. Does the relationship with the non-state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? 4. Does the relationship with the non-state organization consist of only State maintenance of effort (MOE)2 resources that meet all of the following criteria? A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? B. Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? C. Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A-133 audit in accordance with Federal Program requirements? 2 MOE refers to the Federal maintenance of efforUlevel of effort requirements as defined by OMB Circular A-133 Compliance Requirement G (Matching, Level of Effort, Earmarking). If any of 1-4 above is yes, the recipienUvendor relationship determination does not need to be completed because the FSAA is not applicable to the non-state organization. Revised January 01, 2002 Form Number: FSAA_CL2 Item # 22 Page 4 of5 Attachment number 1 Page 1 of 1 PART B Recipient/V endor Relationship Determination: The following should be analyzed for each relationship with a non-state organization where it has been determined that the state program provides state financial assistance (i.e. is a State Project) and the non-state organization is not exempt based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO I. Does State law or legislative proviso create the non-state organization to carry out this State Project? 2. Is the non-state organization required to provide matching resources not related to a Federal Program? 3. Is the non-state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws/rules.) 4. Is the non-state organization required to make State Project decisions, which the State agency would otherwise make? (e.g. detennine eligibility, provide case management, etc.) 5. Is the non-state organization's performance measured against whether State Project objectives are met? (e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures mayor may not be related to State performance-based budgeting.) If any of the above is yes, there is a recipient/subreclplent relationship and the non-state organization Is subject to the FSAA. Otherwise the non-state organization is a vendor and is not subject to the FSAA. PARTe Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion regarding the non-state organization: (Check one) ReclplentlSubreclplent: Vendor: Exempt Organization: Comments: Print Name: Title: Telephone Number: Signature: Date: Note it is the program personnel's responsibility to notify Finance and Accounting of which non-state organizations have been determined to be recipients and are receiving state financial assistance (Le. disbursements must be coded as 7500 object code in FLAIR). Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and still consider the non-state organization a recipient under the Florida Single Audit Act. If a recipientlsubrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in the document that established the State's, recipient's, or subrecipient's relationship with the non-state organization. Questions regarding the evaluation of a non-state organization or if it has been detennined that the non-state organization is a recipient and a CSF A number has not been assigned, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487-3832 or Suncom 277-3832. Reference may be made to Rule 27D-I, FAC. Revised January 01, 2002 Form Number: FSAA_CL2 Item # 22 Page 50f5 <0 N o o o o o en () co o d z I- Z LU :!: LU LU c:::: ~ ~ o a.. w a::: z o ~ :J I- :::> rn rn w z rn :::> _ en W...... = ...... J-< m~ -rn :I:c ~z < C W Z ~ o z w ~ o ~ 0::: o Z ~ (I) , .s::.B -.- ~g .- c ;j.- t:r- (l)m ~c It= tS (I) . 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W HISPANIC AMERICAN UJ 0 ~ () AFRICAN AMERICAN UJ Z 0 Z UJ 0 SMALL BUSINESS ::I: (/)- Section 288.703(1) F .S. I- f35 UJ ~ z- -LL (/)- U :J(/) 0 Ill~ NON-MINORITY Z 0 0 ;;( D. I- Z => 0 ::!: c( ~ ~ o . ZO c(W m!:::! 0::::= OI- l-=> ~fQ 1-0 Zl- ~ 8~ LLI- ci Q) () aZ z ~ (1)0 L.: ... E UJU ~ c: ell "e- ::!:a1 CD Z ~~ E 1:) D. CD CD c. e CD ! 0 'e- 0 Jf U D. N N ::t:I:: E Q) ...... (I) ;; i= ..... "0 '0 r::: ..... m CD (I) a E lU m Q. Z - r::: 'r::: a.. m m "0 UJ ::::J - m 1;; ~ 'C o c: 'E tS (I) 8 ~ c - 0 c: UJ (I) 0 "0 c: 0 :.;::::; ~ '2 m e> .- 0 ~ ,.... ~ Q ;j .::::J ..... - 0 0 m - 0 c: CD 0 N . en q 0 0 cO ..... Attachment number 2 Page 1 of 11 URS WORK ORDER INITIATION FORM for the CITY OF CLEARWATER Date: April 30, 2008 City Project Number: 07-0053-UT Proj ect Number: 1. PROJECT TITLE: Chautauqua/Coachman Reclaimed Water Project (L810) 2. SCOPE OF SERVICES: The project provides for the design, bidding services and limited services during construction for two (2) reclaimed water distribution systems and their associated extensions of the reclaimed water transmission system. This work order is based upon the understanding that approximately 44,000 feet of reclaimed water distribution main (4- and 6-inch) and 9,500 feet of transmission main (12-inch) will be designed and constructed for the Chautauqua and Coachman area within the CITY. This work order provides for: data collection, the development of a Basis of Design Report (BODR), the development of the 60 percent plans and technical specifications, the development of the 90 percent plans and technical specifications, the development of the 100 percent plans and technical specifications, the development of final plans and technical specifications, two (2) public involvement meetings (including preparation), bidding assistance and the development of addenda required, limited services during construction ( shop drawings review and responses to requests for information (RFls) from the construction contractor). The design plans shall be compiled using the City of Clearwater CAD standards, as attached. I - PRE-DESIGN PHASE Task 1- Kick Off Meeting URS will convene a Kick Off Meeting with the CITY within one (1) week after the Notice to Proceed. URS will develop the agenda for the Kick Off Meeting with input from the CITY. The Kick Off Meeting will discuss and document the points of contacts within the CITY and URS, communication protocol, data requirements, the scope of work, project schedule, milestones and submittals, and other miscellaneous issues. URS will prepare minutes of the Kick Off Meeting and will distribute them to the meeting attendees. Item # 22 Attachment number 2 Page 2 of 11 Task 2- Data Collection URS will work with the CITY of collect existing data that will benefit the proj ect. Examples of data required are water and sewer atlases, record drawings of existing reclaimed water facilities associated with the design of the project. Also the design of the project will require hydraulic modeling. URS currently has a significant amount of information on the CITY's current reclaimed water hydraulic models, there maybe additional information required from the CITY or its modeling consultant to complete the hydraulic modeling of the project. II - DESIGN PHASE Task 1- Survey URS will perform the survey work required to develop the base information and the horizontal/vertical control for the design and construction plans. The approach involves the development of planimetrics from aerial photogrammetry followed by field surveying of the full right-of-way. The following sequence of task will be undertaken for the project: a. Measure down information will be obtained on structures. b. Side lot line information will not be acquired. c. The CITY and URS will identify which right-of-way line needs to be located, prior to the ground truthing (field surveying work). d. Planimetric Mapping (Aerial Photogrammetry) 1. URS will prepare 1" = 30'scale planimetric mapping from right of way to right of way showing the following visible features; major roadways, streets, railroads, sidewalks, driveway turnoffs to back of sidewalk, utility poles, culverts, catch basins, signs manholes, fire hydrants, posts, utility boxes, mail boxes, concrete slabs, trails, walls, sea walls, towers, water bodies, transmission lines, billboards, swamps, bridges and timbered areas. 2. URS will ground truth mapping and supplement as required. 3. Photogrametric services include, flight and photography, aerial triangulations, planimetric mapping and digital files with face of buildings. 4. Raster images will not be included in the survey work product. Item # 22 Attachment number 2 Page 3 of 11 e. Right-of-Way Mapping and Determination 1. URS will determine approximate right-of-way line on both sides of each road within project area. 2. For on unpaved roads or those not shown on the CITY project map, URS will determine the both sides of the right-of-way. 3. URS will add the right-of-way lines to planimetric mapping. 4. URS will not determine side lot lines and they will not be shown in the survey work product. f. Utility Depths 1. URS will obtain measure downs on accessible structures. 2. Measure down information will be added to planimetric mappmg. g. Miscellaneous Items 1. Trees (4" d.b .h.) will be located to 5 feet outside right-of-way line. 2. The outline of areas of significant ornamental vegetation will be shown. Individual items will not be located. h. Reclaimed Water Main Routes 1. Title information will be provided to URS on any undeveloped right-of-way sections. 2. Jurisdictional wetlands' locations not included unless areas determined prior to the final scope. Task 2- Geotechnical The purpose of the geotechnical services is to provide subsurface soil conditions and relevant geotechnical engineering properties as well as to provide geotechnical recommendations to guide project design and construction. The objective of the geotechnical study will be to obtain information concerning subsurface conditions at within the project area in order to obtain data to base engineering estimates and recommendations in each of the following areas: Suitability of materials on-site for use as backfill. Recommendations for placement and compaction of approved fill materials. Item # 22 Attachment number 2 Page 4 of 11 General location and description of potentially deleterious materials discovered in the borings, which may interfere with construction progress including existing fills or surficial organics. Identification of groundwater levels and estimation of Seasonal High Groundwater Table (SHGWT) levels. URS will review readily available published soils and topographic information. This published information will be obtained from the appropriate Florida Quadrangle Map published by the United States Geological Survey (USGS), and th~ Soil Survey for Pinellas County, published by the United States Department of Agriculture (USDA) Soil Conservation Service (SCS). URS will execute a program of subsurface exploration consIstmg of borings, subsurface sampling and field-testing. We plan to perform a total of fifty-five (55) Standard Penetration Test (SPT) borings to a depth of 10 feet below existing grade along the pipeline alignment. In each SPT boring, samples will be collected and SPT resistances will be measured virtually continuously within the top 10 feet, and intervals of 5 feet thereafter to the boring termination depth. URS will visually classify the samples in the laboratory using the Unified Soil Classification System (USCS). Identify soil conditions at each boring location and form an opinion of the site soil stratigraphy. URS will prepare a formal engineering report in accordance with this proposal, which summarizes the course of study pursued, the field data generated, subsurface conditions encountered and engineering recommendations in each of the pertinent topic areas. Task 3- Subsurface Utility Engineering The location of potential utility conflicts is not known at this time. It is assumed that up to one hundred (100) utility conflicts will be encountered which will require field verification by subsurface utility evaluation. Task 4- Development of Basis Of Design Report (BODR) During the Data Collection task, URS will begin the development of the BODR for the proj ect. The BODR will serve as the basis of design and will be considered the 30 percent deliverable of the design effort. The BODR will provided detail regarding the project, the general alignment of the reclaimed water transmission and distribution systems, hydraulic modeling of the new systems and pipeline sizing, a preliminary Ii sting of required specification sections, identification of potential maj or conflicts and construction issues, opinion of probable construction costs, conceptual construction phase schedule. Item # 22 Attachment number 2 Page 5 of 11 URS will submit ten (10) copies of the draft BODR to the CITY for review and comment. URS will convene a BODR review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the BODR to the CITY. URS will prepare and distribute minutes (comments and responses) of the BODR review meeting to the attendees. Based upon the comments received during the review meeting URS will finalize the BODR. Upon completion of the final BODR, URS will submit ten (10) copies of the final BODR to the CITY. Task 5- Development of 60 Percent Plans and Technical Specifications From the basis of design developed in the BODR, URS will develop the 60 percent completion level plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The 60 percent plans will contain: a cover sheet, general notes and index, survey data sheet, geotechnical information and typical details. The 60 percent technical specifications will include those specialty sections required for the project that are not within the CITY's standard specification sections. Also the 60 percent submittal will include a preliminary bid form, measurement and payment section, and opinion of probable construction cost. The BODR and the 60 percent submittal will be used as supporting information for FDEP, Pinellas County and SWFWMD permit applications. The 60 percent submittal will include draft permit application packages for the CITY's review and comment. URS will submit ten (10) sets of the 60 percent plans, technical specification sections and opinion of probable construction cost to the CITY for review and comment. URS will convene a 60 percent review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the 60 percent documents to the CITY. URS will prepare and distribute minutes (comments and responses) of the 60 percent review meeting to the attendees. Task 6- Development of 90 Percent Plans and Technical Specifications From the review of the 60 percent plans, technical specifications and opinion of probable construction cost, URS will develop the 90 percent completion level plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The 90 percent plans will contain: a cover sheet, general notes and index, survey data sheet, geotechnical information and typical details. The 90 percent technical specifications will include those specialty Item # 22 Attachment number 2 Page 6 of 11 sections required for the proj ect that are not within the CITY's standard specification sections. Also the 90 percent submittal will include the bid form, measurement and payment section, and opinion of probable construction cost. URS will submit ten (10) sets of the 90 percent plans, technical specification sections and opinion of probable construction cost to the CITY for review and comment. URS will convene a 90 percent review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the 90 percent documents to the CITY. URS will prepare and distribute minutes (comments and responses) of the 90 percent review meeting to the attendees. III - FINAL DESIGN PHASE Task 1- Development of 100 Percent Plans and Technical Specifications From the review of the 90 percent plans, technical specifications and opinion of probable construction cost, URS will develop the 100 percent completion level plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The 90 percent plans will contain: a cover sheet, general notes and index, survey data sheet, geotechnical information and typical details. The 100 percent technical specifications will include those specialty sections required for the proj ect that are not within the CITY's standard specification sections. Also the 100 percent submittal will include the bid form, measurement and payment section, and opinion of probable construction cost. URS will submit ten (10) sets of the 100 percent plans, technical specification sections and opinion of probable construction cost to the CITY for review and comment. URS will convene a 100 percent review meeting with the CITY to receive review comments approximately two (2) weeks after the submission of the 100 percent documents to the CITY. URS will prepare and distribute minutes (comments and responses) of the 100 percent review meeting to the attendees. Task 2- Development of Final Plans and Technical Specifications From the review of the 100 percent plans, technical specifications and opinion of probable construction cost, URS will develop the final plans and technical specifications. The plans will be plan view with profile details for identified areas of potential conflict or in areas that will require additional profile information (e.g. Pinellas County road and/or railroad crossings). The final plans and technical specifications will be ready for advertisement by the CITY for bidding by general utility contractors. Item # 22 Attachment number 2 Page 7 of 11 URS will submit two (2) sets of the final plans, and specifications and opinion of probable construction cost to the CITY for review and comment. URS will also submit the final plans and specifications in electronic form (AutoCAD for the final plans and Word for the final specifications) and one signed and sealed original set of plans. It is anticipated that the final plans and specifications will be used by the CITY for bidding and construction of the proj ect. IV - BIDDING PHASE Task 1- Attendance at Pre-Bid Conference URS will attend the pre-bid conference. The purpose of URS attendance is to answer technical questions with respect to the design. URS will not be responsible for questions or providing information involving the contract between the CITY and the contractor. Task 2- Preparation of Addenda URS will prepare up to two (2) addenda during the bid phase to formally answer bidder's technical questions, clarify issues or adjust the bid documents prior to the bid opening. Task 3- Recommendation of Award Following bid advertisement by the CITY, URS will review the bids submitted by the contractors and provide an award recommendation to the CITY. v - CONSTRUCTION PHASE Task 1- Attendance of Pre-Construction Conference URS will attend the pre-construction conference. The purpose ofURS attendance is to answer technical questions with respect to the design. URS will not be responsible for questions or providing information involving the contract between the CITY and the contractor. Task 2- Review and Approval of Shop Drawings URS will review and approve up to thirty (30) of the contractor submitted shop drawings for the project. URS will review the contractor submitted shop drawings up to two (2) times each. Task 3- Response to Requests for Information (RFIs) Item # 22 Attachment number 2 Page 8 of 11 During construction URS will review and respond up to thirty (30) contractor or CITY generated RFIs. All responses with be in writing and will be submitted to the CITY for its transmittal to the contractor. VI - PROJECT MANAGEMENT During the course of the project, URS will provide project management to maintain schedule, scope and budget requirements. Also it is understood that SWFWMD will require bimonthly project status reports during the design and construction of the project. URS will prepare the bimonthly proj ect status reports for the CITY's use in coordinating with SWFWMD. Additionally URS will maintain open lines of communication with the CITY and will meet with the CITY as required. It is assumed that there will be four (4) project meetings that are in addition to other meetings identified in Tasks I through V. It is assumed that those other meetings will have a project management and status agenda item and will suffice for the purposes of the CITY with regard to the status of the project and issues at the time. VII - PUBLIC INVOLVEMENT It is anticipated that two (2) public involvement meetings will be convened during the design of the project. URS will attend both meeting if required and will prepare a MS PowerPoint presentation for each meeting. It is anticipated that the URS presentation will include project design and configuration information, anticipated schedule of design and construction activities, and other pertinent information for the public. It is also anticipated that the CITY will conduct reclaimed water user interest surveys within the reclaimed water distribution areas to gauge potential customer connections. URS will assist the CITY with the surveys as required. 3. PROJECT GOALS: The project goals are to design and construct new reclaimed water distribution systems for the CITY to continue to expand its reclaimed water customer base and to increase the amount of reclaimed used to offset potable water demand for nonpotable uses. Additionally the increased use of reclaimed water within the CITY will also help to reduce the amount of treated effluent that is discharge to surface waters for disposal. The work products developed will include the draft and final BODRs, 60-, 90-, 100- percent plans and technical specifications, a final bidding set of plans and specifications, opinions of probable construction cost, survey electronic files, geotechnical report, regulatory permit applications, bimonthly project status reports. The plans will be drafted in AutoCAD and the text documents will be MS Word documents. Any public information presentations will be in MS PowerPoint. 4. BUDGET: Item # 22 Attachment number 2 Page 9 of 11 Include a table or an attachment that depicts the total cost per task and/or phase for these engineering services - see Attachment "B" This price includes all labor and expenses anticipated to be incurred by URS Corporation Southern for the completion of these tasks, not to exceed Four Hundred Forty-One Thousand One Hundred and Seven Dollars ($441,107.00). This fee includes funds for pay for permit application fees to be reimbursed by the CITY. Task I Pre-Design $3,624.00 Task II Design $331,109.00 Task III Final Design $38,246.00 Task IV Bidding Phase $11,254.00 Task V Construction Phase $18,707.00 Task VI Project Management $13,407.00 Task VII Public Involvement $17,760.00 Permit Review Fees $2,000.00 Other Direct Costs $5,000.00 Total 5. SCHEDULE: $441,107.00 The design portion of the project is to be completed 250 days from issuance of notice-to-proceed. The schedule is based upon the assumption of the CITY reviews of the project work products will be completed in two (2) weeks from the date of submission. The project deliverables are to be phased as follows: 30% Draft BDOR 60 calendar days 30% Final Preliminary BDOR 90 calendar days 60% Plans, Technical Specifications and Permit Apps 175 calendar days 90% Plans and Technical Specifications 200 calendar days 100% Plans and Technical Specifications 220 calendar days Final Construction Documents 250 calendar days 6. STAFF ASSIGNMENT (Consultant): Officer-in-Charge: Project Manager: Engineer III: Construction Manager: Senior Designer: CADD Operator: Dana K Tallman, P.E. Bozho Handjiev, P.E. Karla Delgado, E.I. Craig Osmanski, P .E. David Ellis Terry Sonnenberg Item # 22 Attachment number 2 Page 10 of 11 Admin Assistant: Lisa Woodard/Judi Mowrey 7. CORRESPONDENCEIREPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Dana K. Tallman, P.E.. All City project correspondence shall be directed to Lan-Anh Nguyen, E.I. with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attn: Veronica Josef, Senior Staff Assistant, P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to the CITYS Engineer of Record contract procedures and requirements. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those servIces. City Invoicing Code: 0376-96739-561300-533-000-0000 9. ENGINEER CERTIFICATION: URS will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. 10. SPECIAL CONSIDERATIONS: URS shall meet or assist the City with meeting all conditions of SWFWMD Cooperative Funding Agreement. PREPARED BY: APPROVED BY: Dana K. Tallman, PE Vi ce Presi dent URS Corporation Southern Michael D. Quillen, PE City Engineer City of Clearwater Date Date Item # 22 Attachment number 2 Page 11 of 11 CITY OF CLEARWATER ENGINEERING DEPARTMENT WORK ORDER INITIATION FORM Attachment" A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email addresstom.mahonyla).clearwater-fl.com y All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Item # 22 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the McKim & Creed supplemental work order in the amount of $278,731 for additional engineering design services for expanding the City of Clearwater Reclaimed Water System to serve residents in the Morningside area in the southeastern portion of the City (05-0022-UT). (consent) SUMMARY: This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The goal of this and all other reclaimed water projects is to reduce the amount of potable water and groundwater being used for irrigation and other non-potable uses. In addition, expansion of the Reclaimed Water Distribution System in accordance with the Reclaimed Water Master Plan brings the City of Clearwater closer to achieving zero-discharge of effluent to Tampa Bay and adjacent surface waters. The original McKim & Creed work order in the amount of $331,300 was approved by the City Council on May 5, 2005, and the design was completed in November 2006. Due to lower than anticipated interest in reclaimed water within the service area, mostly due to existing irrigation sources such as wells and lake withdraw, the project was placed on hold. Recent customer survey results and feasibility studies have led to a revised service area to attain the highest percentage of customer connections and meet the criteria of the Cooperative Funding Agreement between the City and the Southwest Florida Water Management District (SWFWMD). The revised service area requires the connection of several large users to meet the SWFWMD criteria including Clearwater High School, Church of Christ, Masonic Lodge, Rousseau Cemetery, Plumb Elementary School, Oak Grove Middle School and Belleair Country Club. This Agenda Item provides for additional engineering and design services, by McKim & Creed, for the construction of new reclaimed water transmission and distribution piping systems, including limited construction phase engineering services on an "actual cost basis". McKim & Creed is one of the City's current Engineers-of-Record, and the work order was thus prepared in accordance with the Consultants Competitive Negotiations Act. The revised design is anticipated to be complete by March 1,2009, with the construction phase scheduled for completion by January 1,2010. The Cooperative Funding Agreement between the City and SWFWMD, also approved by City Council on May 5, 2005 and amended on December 14, 2006, includes reimbursement of up to 50% of the cost of design, permitting and construction costs for reclaimed water transmission and distribution lines, up to a maximum of $2,250,000. The Cooperative Funding Agreement will be revised and resubmitted to SWFWMD to reflect the revised service area. The City's estimated share of project costs is $2,250,000.00. There is no cost to the City associated with the SWFWMD Cooperative Funding Agreement. Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. Cover Memo . Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96739, Reclaimed Water Distribution System, in the amount of $278,731.00. Item # 23 Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes $278,731 $278,731 2007 to 2008 Budget Adjustment: Annual Operating Cost: Total Cost: None $278,731 Appropriation Code 0376-96739- 561300- 533-000- 0000 Review Approval: 1) Clerk Amount $278,731.00 Appropriation Comment Cover Memo Item # 23 Attachment number 1 Page 1 of 11 CITY OF CLEARWATER ENGINEERING DEPARTMENT McKIM & CREED, P.A. SUPPLEMENTAL WORK ORDER FORM DATE: April 25, 2008 City Project No: 05-0022-UT M/C Project No: 0992-0198 1. PROTECT TITLE: Morningside RCW System Supplemental Services (SWFWMD L254) 2. SCOPE OF WORK: SUMMARY The Morningside Reclaimed Water (RCW) Project was approved for grant funding in 2004 and design was completed in November 2006. Due to lower than anticipated residential interest in reclaimed water within the service area, mostly due to existing irrigation sources such as wells and lake withdraw, the project has been placed on hold. Subsequently, to encourage support and to provide education on benefits of reclaimed water, the City has attended homeowner association meetings, initiated irrigation source surveys and distributed customer questionnaires to better understand the service area. Recent survey results and feasibility studies have led to a revised service area that will meet the criteria of the Cooperative Funding Agreement between the City and the Southwest Florida Water Management District (SWFWMD). The revised service area requires the connection of several large users to meet the criteria including Clearwater High School, Church of Christ, Masonic Lodge, Plumb Elementary School, Oak Grove Middle School and Belleair County Club (BCe). With the exception of BCe, these large users are located between the Skycrest and Morningside Service Areas. As such, this project involves approximately 7,SOO-linear feet (LF) of S-inch transmission main to be constructed between the two service areas to provide RCW service to the large users and to provide a "looped" system between the east and west RCW systems. Further, this project involves the construction of approximately 2,260-LF of S-inch transmission main to serve BCC and 2,400-LF of 4-inch distribution piping that will serve Oak Grove Middle School and the residences along Morningside Drive. To provide service to the BCe, this project will also require a flow control station within City Right-of-Way (ROW) along Corbett Street and a Utility Easement from said ROW to a new outfall box where the RCW will be discharged into a storage pond and utilized for irrigation by the BCC Golf Course. Upon completion of the design, the transmission main, distribution piping, flow control station and outfall structure will be incorporated into the Morningside Contract Documents for bidding purposes. PW080270 Item # 23 Attachment number 1 Page 2 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 2 The scope of work to be provided is further outlined as follows: SCOPE OF WORK PHASE 1 - MORNINGSIDE COMMITMENT ASSISTANCE Task 1- Commitment Survey Analysis 1. Analyze survey results at up to five (5) major milestones as requested by the City and further described as; after receipt of the preliminary survey results, after the end of the initial survey period, after the Homeowners Association commitment drive, at the end of the final survey period and after all results have been obtained by the City. 2. Review survey results to determine connection rate and associated cost-benefit analysis. 3. Generate figures depicting the survey results and display the results in tabular, chart and/or on GIS maps for City use. 4. Prepare presentation of survey results for use at one (1) Homeowner Association Meeting. Task 2 - Large User Identification and Analysis 1. Assist the City in the identification of potentiallarge users. 2. Meet with representatives from the Pinellas County School System to discuss potential interest, current irrigation type, cooling towers, and to identify potential school sites. 3. Work with City staff to identify and obtain commitment from potential private and City Owned parcels near the Morningside project and along the Hercules Interconnect route. 4. Analyze large user sites to determine irrigation type and potential offset quantities. Task 3 - Modified System Analysis 1. Based on the survey results and potentiallarge users, analyze up to (5) possible system arrangements to maximize the project connection rate and cost-benefit ratio. 2. Coordinate with the City and the SWFWMD to assure arrangements will meet City and SWFWMD requirements. 3. Review potable water consumption data to determine impact on potential offset per SWFWMD's new offset calculation criteria. PW080270 Item # 23 Attachment number 1 Page 3 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 3 4. Develop cost estimates for each possible system arrangement for use in determining the cost-benefit ratio. 5. Develop spreadsheet to show connection rate, potential offset and cost-benefit ratio for alternate layouts based on survey data. 6. Model alternate layouts to determine hydraulic adequacy (minimum 40 psi) of piping network. 7. Meet with City staff to discuss results and to determine preferred arrangement. 8. Revise connection rates, potable water offset, project costs, cost-benefit ratio and survey GIS map for the selected modified Morningside layout. 9. Prepare presentation of survey results for use at one (1) Homeowner Association Meeting. 10. Use presentation above as basis for a more detailed presentation for use by the City Utilities Department for presentation to the City Council. It is not anticipated that the City will require McKim & Creed attendance at the Council meeting. Task 4 - Revise SWFWMD Application 1. Revise and submit the Morningside SWFWMD Cooperative Funding Application to reflect the modified layout, connection rates, potable water offset, project costs, cost- benefit ratio and completion schedule. 2. Submit revised application to City for review and comment. Incorporate City comments into the application. 3. Submit revised Cooperative Funding Application to the SWFWMD for review and comment. Communicate with the SWFWMD to discuss application revisions and to address comments and concerns. It is not anticipated that a meeting with SWFWMD regarding the Cooperative Funding Agreement will be required. 4. Revise application and clarification needed approved by the City and submit final Cooperative Funding Application to the SWFWMD for Board approval. PHASE 2 - PIPELINE DESIGN Task 1 - Preliminary Design Services PW080270 Item # 23 Attachment number 1 Page 4 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 4 1. Meet with City Staff to review project goals, scope of work, project schedule, funding mechanisms and administrative issues. 2. Perform detailed routing analysis for the transmission main and distribution system including review of existing utility locations along routes to identify potential conflicts that will require resolution. 3. Identify the various permits required for the construction of these proposed facilities (i.e. Florida Department of Environmental Protection (FDEP), South West Florida Water Management District (SWFWMD), Army Corp of Engineering (ACOE), Florida Department of Transportation (FDOT), City of Clearwater, and Pinellas County). 4. Review construction activities along the transmission main and distribution system that will require specific traffic control planning during the project. 5. Prepare a preliminary cost estimate for the transmission main, distribution system, valve control station and outfall structure based on the system components to be constructed as part of this project. 6. Revise the previous submitted Morningside Basis of Design report to outline the new system design parameters, final routing, and system service area. The report will also outline the permitting requirements and constraints on the revised project that will need to be addressed. This report will also be used to submit to SWFWMD as required by the cooperative funding agreement. 7. Meet with City and SWFWMD personnel to discuss the project requirements and the findings in the Basis of Design Report. Task 2 - Final Design Services 1. Perform topographic surveying (lIz right-of-way) for the transmission main generally described as follows: 1) South on Hercules Avenue from Rainbow Drive to Lakeview Road, east on Lakeview Road to Belcher Road and north and south on Belcher Road to Harn Boulevard and Oak Grove Middle School respectively and 2) South on Druid Road from Jeffords Street, east on Corbett Street and south through the BCC Golf Course to the storage pond. One half right-of-way survey will also be completed for the residential street of Morningside Drive from Belcher Road to Williams Drive. Surveys will include tree drip lines to assist with the project's tree root pruning requirements and will be supplemented by the latest City aerials. Develop legal description for the City's use to obtain a utility easement from Corbett St. ROW to the pond within the BCC Golf Course. An allowance for additional survey, if needed, is included as Phase 2 Task 6. PW080270 Item # 23 Attachment number 1 Page 5 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 5 2. Conduct a subsurface investigation of the conditions along the routes of the proposed reclaimed water pipelines. The investigation will include approximately (9) hand auger borings to lO-ft depth (one for every 1,500 along the transmission and distribution system alignment) (8) Standard Penetration Tests (SPT) borings to 40-ft at the location of major crossing where horizontal direction drilling or bore-n-jack technologies may be utilized (intersections of Hercules and Gulf to Bay; Druid and Hercules; Belcher Road and Harn Boulevard; and Belcher Road and Morningside Drive). A final geotechnical report will be provided to the City and included as an appendix in the Contract Documents. 3. Coordinate with utility companies and Clearwater Gas to identify existing utilities along the project route. 4. Conduct subsurface utility engineering (SUE) at potential utility conflict areas. A total of 24-test holes have been budgeted for this project. Location of the test holes will be shown on the construction plans with a corresponding table showing the results of the test holes including test hole number, utility type, depth to top of pipe, pipe diameter and pipe material. 5. Prepare plan and profile drawings of the proposed transmission mains along Hercules, Belcher Road and Druid Road including details and connection requirements. Prepare plan drawings of the proposed distribution pipeline along Morningside Drive. Develop geometric requirements for the directional drill pipe installations or bore-n-jack installations at the three major intersection crossings. Develop maintenance of traffic (MOT) plans for the Contractor's activities in road rights-of-way. 6. Revise Section 01010 Project Requirements, and Section 01630 Measurement and Payment of the previously developed Morningside technical specifications for inclusion of the additional transmission main and distribution piping. Add specifications required for the mechanical, electrical and instrumentation work at the valve control station and outfall structure. 7. Prepare and submit plans and technical specifications at the 30%, 60%, and 100% complete stages of the design. The alignment of the transmission main extension shall be agreed upon by City Departments during the 30% submittal prior to developing the profiles at 60%. Final City comments and comments received from the reviewing agencies will be incorporated into the Contract Documents. 8. Conduct review meetings with the City at milestone stages of the project and prepare and distribute meeting minutes to maintain communications between the project team. A project walk-thru with City Staff will occur at the 30% stage. 9. Respond to milestone review comments by the City and incorporate appropriate revisions into the project. PW080270 Item # 23 Attachment number 1 Page 6 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 6 10. Prepare and update the estimate of probable construction costs for the project at each submittal stage to keep the City informed of the anticipated costs for the project. 11. Prepare contract documents for the project using City standard contract forms. Prepare Supplemental Conditions, Bid Form and Measurement and Payment sections. 12. Coordinate with the SWFWMD to insure the project complies with requirements of the Cooperative Funding Agreement. 13. Coordinate and attend field visit with Belleair County Club with regards to pipeline alignment and outfall structure within the golf course. 14. Design BCC valve control station and golf course pond outfall structure. It is anticipated that the location of the valve control station will be located within City ROW on Corbett St. Task 3 - Permitting Services 1. Conduct pre-application meetings with FDOT and Pinellas County Public Works to discuss requirements of the proposed pipeline construction within their Right-of-Way (ROW). Prepare ROW utilization permits for work proposed within FDOT and Pinellas County ROW. No fees are anticipated for these ROW permits. Address requests for additional information (RAI) as needed. 2. Conduct pre-application meeting with SWFWMD for the wetland area along Lakeview Road between Hercules Avenue and Belcher Road. Prepare applications and submit on behalf of the City for joint Environmental Resource Permits (ERP) for the project including ACOE, SWFWMD and FDEP as applicable. Address RAIs as needed. 3. Coordinate with the Town of Belleair's Public Works Department for the installation of the transmission main within their ROW along Druid Road and Corbett Street. Conversations with the Department indicate that no ROW Use Permit is required however, they will want to be updated with the project's status and schedule. It is also anticipated that courtesy plans would be submitted at each of the milestone submittals. PW080270 Item # 23 Attachment number 1 Page 7 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 7 Task 4 - Bidding Phase Services It is anticipated that the project will be bid with the Morningside RCW System Project. 1. Respond to Contractor's Request for Additional Information (RAI) received during the bidding phase for the additional pipeline segments, control valve station and outfall structure. 2. Issue clarifications through addendum by revlsmg specifications and drawings as necessary. Task 5 - Post Design Services It is anticipated that the project will be constructed with the Morningside RCW System Project. 1. Review shop drawings and submittals from the Contractor to confirm compliance with the Contract Documents for the control valve station and outfall structure. 2. Respond to Contractor's questions during construction for the additional pipeline segments, control valve station and outfall structure. 3. Provide uncertified Record Drawings for the complete Morningside Project based on City approved contractor markups. Task 6 - As Needed Survey 1. These services are to be utilized on an "as-needed" basis for unforeseen conditions that may be encountered after receipt of the surveyor for other reasons as determined by the City. Approval from City shall be obtained prior to the use of this task. 3. PROTECT GOALS - WORK PRODUCTS: 1. Revised SWFWMD Cooperative Funding Application. 2. Revised Basis of Design Report with Budget Cost Estimate (5 copies of draft and final). 3. Progress Drawings, Technical Specifications and updated Cost Estimates at 30%, 60% and 100% submittals (5 Copies each). PW080270 Item # 23 Attachment number 1 Page 8 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 8 4. One (1) signed and sealed set of construction documents for City's file. 5. Final Geotechnical Report (2 copies) 6. Sketch & Legal of BCC Easement. 7. One (1) copy of reproducible Final Design Documents of the additional pipelines. An electronic copy (CD) of the final Issue for Bid will also be delivered to the City. 8. SWFWMD Environmental Resource Permit, FDOT and Pinellas County ROW Permits. 9. Two (2) copies of Record Drawings and one (1) electronic copy (CD ROM). 4. BUDGET The services outlined herein will be performed on a Cost Times Multiplier Basis with Not to Exceed (NTE) limits as indicated below in accordance with the Engineer of Record Contract. Invoicing needs to show personnel and man-hours charged per task (x 3.14), sub-consultant fees (x 1) and other direct costs with appropriate back-up (x 1). The fees for the various tasks are outlined below: Phase 1 Morningside Commitment Assistance NTE FEE Task 1- Commitment Survey Analysis $ 7,032 Task 2 - Large User Identification and Analysis $ 4,666 Task 3 - Modified System Analysis $18,006 Task 4 - Revised SWFWMD Application $ 4,949 Phase 1 Subtotal $34,653 Phase 2 Pipeline Design Task 1- Preliminary Design $ 16,004 Task 2 - Final Design $172,778 Task 3 - Permitting Services $ 12,218 Task 4 - Bidding Services $ 1,740 PW080270 Item # 23 Attachment number 1 Page 9 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 9 Task 5 - Post Design Services $ 13,078 Task 6- As-Needed Survey $ 28.260 Phase 2 Subtotal $244,078 TOTAL NTE FEE $278,731 5. SCHEDULE The design tasks will be completed as outlined in the schedule below from the receipt of the Notice to Proceed (NTP). Milestone Weeks from NTP Kick-Off Meeting Revised BODR 30% Design 60% Design 100% Design Permits 2 6 18 26 34 38 A more detailed project schedule will be provided to the City within two weeks of the Notice to Proceed. 6. ST AFF ASSIGNMENTS: City: McKim & Creed: Robert Fahey, Kelly O'Brien, Tracy Mercer & Jerry Wells, Jeff Lowe, David Wehner & Johna Jahn 7. CORRESPONDENCEIREPORTING PROCEDURES: All McKim & Creed Correspondence shall be directed to David Wehner. All City correspondence shall be directed to Kelly J. O'Brien with copies to Robert Fahey. 8. INVOICINGIFUNDING PROCEDURES: Please invoice monthly for work performed as detailed in McKim & Creed Continuing Contract. Please invoice per task and City code number as specified below. PW080270 Item # 23 Attachment number 1 Page 10 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 10 Invoices are to be mailed to the City of Clearwater, Attention: Veronica Josef, Senior Staff Assistant, Engineering, P.O. Box 4748, Clearwater, FL, 33758-4748. City Invoicing Code: 0376-96739-563800-533-000-0000 9. ENGINEER CERTIFICATION I hereby certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471, that the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. I understand that it is my responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. This certification shall apply equally to any further reVISIOn and/or submittal of plans, computations, or other project documents which I may subsequently tender. 10. SPECIAL CONSIDERA nONS: None PREPARED BY: CITY: Michael D. Quillen, P.E. City Engineer McKim & Creed: A. Street Lee, P.E. Vice President PW080270 Item # 23 Attachment number 1 Page 11 of 11 CITY OF CLEARWATER - 3rd Draft Morningside RCW System Supplemental Services (SWFWMD L254) April 25, 2008 Page 11 Attachment" A" CITY DELIVERABLES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DELIVERABLES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address >- All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. PW080270 Item # 23 o ~ ri- U) o " .:::..>...... '" .....>\-~ \,' i!j i!i ii' ;; ii ii !! .- - ---. -- ~ .-- - .-- -.-.-. - - -.- - _.~ .-----.-.-,-.-----.- ~ ~--. ~ ,....----1 L...__.___.___.__~ if: =; i - -"",:- ..OJ i--ir - -"! i --"1!. Ii Ii Ii ii Ii Ii I: Il__,itjt:bbii__,ii ~D~ 3^'r/ O~\:f^3S &1 106 ~o otJO:lXQ ~ fa 10 om =-= ~'" - '~8 "^'<f ~'<f~8 - OIS}\OO~ i:.~/ l)li ~T~;~f{l! II 'I...;:-_:-!!-:=;::_.... Ii .! j! E~jl_~~~,-~,=JE:-~j_!! gg-c:lS 3AV' V'lNCJn8 ~I 3AV' rE sv:::rv'CJV':J I~ IOqOI 3^V' S30V'18CJ3A3 ~I 3^V' ONV'lllnCJ:l :r~~~!) -~ I !i !i !i !i !i !i }) ii /i li-" - 1~-. -iiil_. ! i U i!! ~-_. !i i!l! '; i!i! zAiJJ ",'" Y il<lcl~..JI s UJ 6~-sn rr--=-":r=! il jl I ii Ii i i! i! ! iI il I ii ii : ~ :=: :::.L.=__.! 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D PINELLAS ~i T A ST (f) o --' o z >- LU 0:: ~ co '.,~'~~- ~'~~:.:.:-~..... ,._.~'::: LU LU --' 0.. 0.. :l (f) ST AMBLESIDE DR i ~ C0 o C LAKEVI EW Ctu DST -l ~ C~ E D~ McLENNAN ST RD ~ ::J ~ co o FLAMI NGO DR o 0::: N W~E Existing Reclaimed Proposed Reclaimed Water Main Morningside Reclaimed Water System Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Map Document: (V:\GIS\Engineering\Location Maps\morningside reclaimed water system2.mxd) 4/28/2008 .. 9:42: 10 AM s emS~afe:3N.T.S. Reviewed By: KJO Date: 4/28/08 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize staff to negotiate a contract with Chase Real Estate, Inc. to provide Real Estate Brokerage Services for land assembly suitable for development of a 300 space parking garage on south Clearwater beach and authorize the City Manager to approve and execute same that best represents the interests of the City. (consent) SUMMARY: At its March 6, 2008 meeting Council directed the City Attorney to prepare a request for proposals from licensed real estate brokerage firms and agents for the purpose of selecting a firm and agent to attempt to assemble land suitable for development of a 300 space public parking garage on South Clearwater Beach. RFPIRFQ #18-08 was issued on March 24, 2008 in response to that direction. Among other matters, the RFPIRFQ required that respondents consider and address the following tasks, provide their qualifications to undertake the requirements, and submit a time and fee proposal to accomplish same: a. Identify optimum locations and parcels required for the proposed project b. Confirm ownership and title status of the various properties c. Conduct discussions and negotiations with the respective owners d. Secure Letters of Intent to Sell, including specific terms and conditions of sale e. Deliver executed Purchase and Sale Contracts to the City for Council action f. Assist City with all pre-closing requirements of each Contract g. Oversee vacation of all properties prior to closing. h. In the event the proposed assemblage is unsuccessful, prepare a market study detailing conditions contributing to the lack of success in assembling the lands The RFQIRFP generated eight responses by the April 23, 2008 deadline, one of which was not responsive to advertised requirements. Seven responsive proposals were received, reviewed by a 5-member staff evaluation committee, and have been ranked as follows: FIRM RANKING CHASE REAL ESTATE, INC. #1 VIEWPOINT REALTY INTERNATIONAL, INC. #2 COLDWELL BANKER COMMERCIAL/NRT #3 KLEIN & HEUCHAN, INC. #4 ALEXANDROS REAL ESTATE GROUP INTERNATIONAL, INC. #5 ESHENBAUGH LAND COMPANY #6 GAIL G. FERENC, LICENSED REAL EST A TE BROKER, INC. #7 Upon Council direction staff will negotiate with the firms, in turn, by order of ranking, to develop a Professional Services Contract deemed to be in the best interests of the City, and provide it to the City Manager for final approval and execution. Copies of all proposals, individual committee member rankings and final compilation of all rankings are available for review in the office of the Purchasing Manager. Review Approval: 1) Clerk Cover Memo Item # 24 Attachment number 1 Page 1 of 10 .~: _..r) S<_' ~ ..-::;.. . ': ~ > (. 't-}' j'1 ':.' :;~ ~; .. ,'(:\" \ r.;.~r;''.-: ,1.1. ..('~ _ ~.' "~i':~':\J}/"<.. :,.":,--,-:'" ". Z,,; ::-!7:.~ '"'t,. ~~ .":i=~ REQUEST FOR QUALIFICATIONS I REQUEST FOR PROPOSALS # 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY The City of Clearwater requests that Commercial Real Estate Brokerage firms licensed by the State of Florida submit proposals for consideration in selection of a firm and agent suitably qualified to represent the City in negotiations to assemble approximately one contiguous acre of land on south Clearwater Beach for construction of a 300 space public parking garage. All subm ittals shall be addressed as specified below and received no later than the subm ittal due date, at which time all submittals will be opened and read as a matter of public record. All submittals received after the closing date and time will be returned unopened. The City of Clearwater reserves the right to reject any and all submittals. Submittal Due Date: April 23, 2008, at 4:00 p.m. Submittals shall be delivered to: Physical Address: Purchasing Manager City of Clearwater Third Floor, Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 -or mailed to: P. O. Box 4748 Clearwater, Florida 33758-4748 The RFP documents will be available on March 24, 2008. City offices are open Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays. This RFP will be posted on the City's website at Any questions regarding the RFP shall be directed in writing to: Mr. George Mckibben, Purchasing Manager Finance Department City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 Telephone: (727) 562-4634 Email: Notice: RFQ/RFP for Real Estate Brokerage Services Item # 24 Attachment number 1 Page 2 of 10 City of Clearwater, Florida REQUEST FOR QUALIFICATIONS / REQUEST FOR PROPOSALS # 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY 1.0 1.1 Purpose The City of Clearwater has issued this Request for Qualifications / Proposals (RFQ/RFP) for Real Estate Brokerage Services required for assembly of approximately one acre of privately owned lands on South Clearwater Beach optimally located and physically suitable for construction of a 300 space public parking garage. The City prefers the selected Agent to act as single agent for the City provided in F.S. 475.278(3), but will consider alternatives. 1.2 HISTORY AND VISION: "Clearwater Beach: Strategies for Revitalization" During 1997 and 1998 beach residents and business owners worked diligently to assist the City administration and City Council develop and plan the future for Clearwater Beach. The Plan was entitled "Clearwater Beach: Strategies for Revitalization". The Plan recognized the twin imperatives to balance the needs of the beach's 8,000 families with the hundreds of thousands of tourists and visitors who are attracted to its world-class shoreline, all the while protecting the natural environment as the built environment rebuilds for the future. 1.3 BEACH BY DESIGN Beach by Design is a preliminary design for revitalization of Clearwater Beach by implementing the Strategies for Revitalization. Implementation is based on pursuing the following strategies: . Creation of an attractive and efficient "arrival and distribution" system at the intersection of State Road 60 and North Mandalay Avenue and Coronado Avenue . Transformation of North Mandalay into an attractive, pedestrian-friendly street which provides a high quality address for retail and restaurant uses . Renovation of South Gulfview Blvd. to the west to create a unique two-way local street as part of a destination quality beachfront place . Improving traffic circulation to the south of State Road 60 . Improving sidewalks and creating an entire beachfront system . Constructing new parking facilities south of Pier 60 park to support beach visitors, and new parking north of Pier 60 park to support the North Mandalay Avenue retail/restaurant corridor . Promoting a small number of catalytic redevelopment projects; and . Adoption of design guidelines which are necessary to achieve the objectives of Beach by Design. Notice: RFQ/RFP for Real Estate Brokerage Services IlatR # 24 Attachment number 1 Page 3 of 10 1.4 SHAPING THE DESIGN Over the past five years more than 60 redevelopment projects have been submitted to recast the future of Clearwater Beach. Submitted development proposals project the addition of over 1500 condominium units, more than 1200 overnight accommodations, and in excess of 90,000 square feet of new commercial space. More than 90 percent of the submittals have been approved for construction. Nearly half are under construction or fully complete. 1.5 TRANSPORTATION AND PARKING Beach by Design anticipates the demands that extensive beach redevelopment places upon efficient beach traffic distribution, and ample, convenient parking. Significant North Beach transportation improvements include narrowing Mandalay Avenue from four lanes to two with parallel parking and expansion of one or both of the streets east of Mandalay. Bold, beautiful $30 Million dollar "Beach Walk" evolved as the comprehensive transportation project for South Beach. 1.6 BEACH WALK... a winding beachside promenade with landscaping, artistic touches and clear views to Clearwater's winning beaches and the waters beyond, a place where bicyclists, rollerbladers and pedestrians all have safe and convenient access to where visitors and locals can socialize, dine, play games, or simply enjoy the spectacular white sand, sun and surf. Beach Walk will be open and operational by Labor Day 2008, attracting thousands of visitors from around the country, around the world. It has already played a vital role in attracting new resort hotels and speeding the conversion of many older overnight accommodations to new condominiums. Beach Walk will bring visitors closer to the beach and provide an environment that will draw new retail, entertainment and restaurant businesses for residents, out-of-town visitors and day-trippers. All will require accessible, convenient parking. 1.7 PARKING Creation and development of the beautiful Beach Walk will not only increase demand for parking facilities, but will incorporate nearly 800 public and private previously available parking spaces into its creation. The City and the new Hyatt resort hotel ownership have reached agreement that will provide for 400 public parking spaces within the Hyatt's garage when that is completed. The City also seeks to immediately assemble approximately one centrally located acre in South Beach for construction of an additional 300-space garage. Notice: RFQ/RFP for Real Estate Brokerage Services Item # 24 Attachment number 1 Page 4 of 10 2.0 The City of Clearwater seeks a firm and agent with extensive documented experience in assemblage of land for commercial development, as well as demonstrable business relationships with current property owners in the immediate South Beach area of Clearwater Beach. 2.1 The required assemblage shall be appropriately configured to provide approximately one rectangular acre for construction of a 300 space parking garage. The assembled parcel shall front a minimum of two connector streets and be centrally located adjacent on the east to Beach Walk. Specific tasks to include: . Identify optimum locations and number of parcels required for the proposed project. . Confirmation of ownership and title status of properties within the proposed assemblage. . Initiation of discussions and negotiations with the respective property owners. . Securing Letters of Intent to Sell from the owners, including specific terms and contingent conditions of sale. . Development of Contracts To Purchase with all property owners within the proposed assemblage area. . Delivery of executed Contracts To Purchase to designated City department to agenda for Council consideration and action. . Following approval of contracts, assist City in assuring compliance with all pre-closing requirements. . Oversee vacation of all properties prior to closings. . Assist City as requested with closing approved transactions. . Compiling complete electronic and hard copy work files for each transaction, and delivering to the City within 30 days following closing of each transaction. . In the event acquisition of a suitable site by the City is not achieved, preparation of a written market study detailing the conditions contributing to the inability to acquire an appropriate site. 3.0 The State licensed Real Estate Brokerage Firm and agent interested in responding to this RFQ/RFP must provide information on the firm and agent's qualifications and experience, identification and qualifications of the proposed project team, identification and qualifications of the project manager's experience, verifiable similar projects and references within the environs of Clearwater Beach during the past 5 years, a summary description of the firm and agent's Notice: RFQ/RFP for Real Estate Brokerage Services IlatR # 24 Attachment number 1 Page 5 of 10 approach and time frame to successfully completing the project, and the firm and agent's fee proposal to undertake and complete the proposed project. 3.1 LETTER OF INTEREST AND EXECUTIVE SUMMARY Attach a letter of interest that explains your firm and agent's interest in working on this project. Include an "Executive Summary" which explains your firm and agent's qualifications and experience as they directly pertain to the Scope of Services. Include the names and titles of persons who will be authorized to make representations for the firm. 3.2 FIRM OVERVIEW Provide the following information regarding your firm. If the use of subconsultants is proposed, similar information should be provided for each subconsultant. . Brief history of the firm, including the year it was established. . Names and curriculum vitae of the firm's principal(s). Indicate the amount of involvement the principal(s) will have under this assignment. . Name and qualifications of agent who would conduct the work described. . 3.3 RELEVANT EXPERIENCE AND PAST PERFORMANCE . Similar Assignments: Provide a detailed description of comparable projects (similar in scope of services to those requested herein) which the firm and agent has either ongoing or completed within the past five years. Please specify whether each project is completed or is ongoing. The description for each project should identify: (i) the client, (ii) description of the overall project, (iii) duration of project, (iv) contact person and phone number for reference, and (v) the results/deliverables of the project. . Past Performance: Describe the firm and agent's past performance and the pnmary markets served. 3.4 REFERENCES Provide the name, address, telephone and email address for at least three (3) references that would be capable of explaining and confirming your firm and agent's capacity to successfully complete the scope of work outlined herein. References should be from the past five (5) years. 3.5 APPROACH TO SERVICES Provide a narrative statement demonstrating a thorough understanding of the overall intent of this RFQ/RFP, as well as methods used to complete assigned tasks. Identify any proposed project issues or significant concerns you believe may be appropriate for careful consideration. Notice: RFQ/RFP for Real Estate Brokerage Services IletR # 24 Attachment number 1 Page 6 of 10 3.6 FEE FOR SERVICES Provide a required time frame and fee proposal for your firm and agent's services, either: (i) lump sum fee, (ii) commission schedule, or (iii) other (specify). 4.0 4.1 Number of copies and Proposal Delivery Information One (1) original and five (5) copies of the proposal submittal signed by the firm representative and the agent shall be delivered on or by 4:00 PM on April 23, 2008 to: Physical Address: Mr. George McKibben Purchasing Manger City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 - or- P. O. Box 4748 Clearwater, Florida 33758-4748 All submittals shall be addressed as specified above. The front of the envelopes shall be marked "Request for Qualifications & Proposals: Real Estate Brokerage Services for Land Assembly". All submittals received after the closing date and time will be returned unopened. 4.2 QUESTION AND ANSWER PERIOD All questions regarding this RFQ/RFP must be submitted in writing and directed to the Purchasing Manager no later than seven (7) days prior to the submittal deadline. All questions and answers will be posted on the City's website at Questions may be 1) sent via email to 2) faxed to (727) 562-4635, or 3) mailed or hand delivered to the address above. 5.0 5.1 EVALUATION / SELECTION The Evaluation/Selection Committee will first evaluate and rank responsive proposal on the criteria listed below. The maximum score per proposal is 100 points. Each Evaluation Committee member shall award up to 100 points per proposal. The final score will be an average (mean) of the scores awarded by all Evaluation Committee members. A Proposer may receive the maximum points or a portion of this score depending on the merit of its proposal as judged by the Evaluation/Selection Committee. Notice: RFQ/RFP for Real Estate Brokerage Services IlatR # 24 Attachment number 1 Page 7 of 10 The factors outlined below will be applied to all eligible proposals. Additional evidence of unique skills or relevant experience will also be considered. All references will be subject to appropriate evaluation. Criteria . Understanding of Issues/Approach to resolution Points 30 . Qualifications and directly related experience of firm and agent 30 . References / client satisfaction 20 . Fee proposal 20 Upon completion of the evaluation, rating and ranking, the Committee may choose to conduct oral presentations(s) with the Proposer(s) which the Evaluation/Selection Committee deems to warrant further consideration based on the best rated proposal providing the highest quality of service to the City. Upon completion of the oral presentationes), the Committee will re-evaluate, re-rate and re-rank the Proposers remaining in consideration based upon the written documents submitted and any clarifications offered during the oral presentation. 5.2 RFQlRFP TIMETABLE . RFQ/RFP Available to the Public March 24, 2008 . Deadline for Receipt of Questions April 16, 2008 . Submittal Deadline April 23, 2008 . Evaluation of Proposals April 24 - April 25, 2008 . Interviews of Short List Firm and agents April 28 - April 30,2008 . Firm and agent Selection - Council May 15, 2008 5.3 ADDITIONAL INFORMATION . The City will not be liable for any cost incurred in the preparation of the RFQ/RFP subm ittal. . The submission of qualifications shall be prima facie evidence that the Proposer has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Notice: RFQ/RFP for Real Estate Brokerage Services Item # 24 Attachment number 1 Page 8 of 10 . All Proposers shall furnish the City such additional information as the City may reasonably require. . The City reserves the right to conduct personal interviews of any or all Proposers prior to selection. The City will not be liable for any costs incurred by the Proposer in connection with such interviews. . The City reserves the right to conduct pre-contract negotiations. . The City reserves the right to reject all qualifications and to seek new qualifications when such a procedure is reasonably in the best interests of the City. . The City reserves the right to waive any of the conditions or criteria set forth in this RFQ/RFP. 6.0 6.1 LIABILITY INSURANCE The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: . Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single-limit Bodily Injury Liability and Property Damage Liability. . Business Automobile Liability Insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability. . * Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and federal laws; and . Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the ProposerNendor, shall be purchased and maintained by the selected Vendor with minimum limits of $500,000 per occurrence. *NOTE: Not required for verifiable Independent Contractors contracted with applicant. 6.2 ADDITIONAL INSURED The City is to be specifically included as an additional insured on all liability coverage described in Section 6.1 Notice: RFQ/RFP for Real Estate Brokerage Services IlatR # 24 Attachment number 1 Page 9 of 10 6.2 NOTICE OF CANCELLATION OR RESTRICTION All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 6.3 CERTIFICATES OF INSURANCE/CERTIFIED COPIES OF POLICIES The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ/RFP. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certifies copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The certificates and/or certified policies shall be sent or delivered to the City's Project Manager and addressed to: City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 6.4 HOLD HARMLESS PROVISIONS The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, independent contractors, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the term of this RFQ/RFP. In addition, the applicant shall, at its expense, secure and provide to the City, prior to beginning performance under this RFQ/RFP, insurance coverage as required herein. Any party providing services or products to the City will be expected to enter into a written agreement, contract or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance. Any party providing insurance services or products to the City will be expected to comply with requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or Proposer of services and/or products to the City. 7.0 The City, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposer/ConsultantNendor, reserves the right to: . Accept or reject any and/or all proposals, either in whole or in part, waive any informality, variance or irregularity, whether technical or substantial in nature, of any proposals. Notice: RFQ/RFP for Real Estate Brokerage Services 1lE9"R # 24 Attachment number 1 Page 10 of 10 . Cancel this RFQ/RFP at any time and/or take any action in the best interest of the City. The City decision in all matters shall be final. . Retain all proposals for official record purposes, including a copy of the selected Respondent proposal and supporting documentation, and/or use them in whatever manner is deemed appropriate. . Elect not to accept any request by any ProposerNendor to correct errors or omissions in any information, calculations or competitive price(s) submitted once a proposal is received. . Investigate the financial capability, integrity, experience and quality of performance of each ProposerNendor, including all Principals. . Request an oral presentation from any Proposer. . The City reserves the right to request any additional information from any P roposerN endor. . All Proposers responding to this RFQ/RFP do so at their sole expense and risk. The City assumes no financial or other obligations of the Proposers. The City will not be liable to any broker, consultant or other entity acting on of behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or their proposal. . All proposals, correspondence and records make thereof, are public record and handled in compliance with applicable state and local laws. . By offering a submission to this RFQ/RFP, the Proposer certifies the responder has not divulged, discussed or compared his/her competitive proposal with other respondents and has not colluded with any respondent or parties to this competitive proposal whatsoever. . All information furnished in this RFQ/RFP solicitation was gathered from sources deemed reliable. No representation or warranty is made as to the accuracy or completeness of the information contained in this document. Prospective Proposers should independently very all information. Notice: RFQ/RFP for Real Estate Brokerage Services ~t1:Orl # 24 REQUEST FOR PROPOSAL 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY 23-Apr-08 Alexandros Real Estate Group International, Inc Gail G. Ferenc, Lic. RE Broker 800 East Bay Drive, Suite E Largo, Florida Mark G. Naedel, Broker 240 Causeway Blvd. Dunedin, Florida 34698 Gail G. Ferenc 727.595.4545 727.733.1928 Chase Real Estate, Inc. 660 Mandalay Avenue Clearwater, Florida Wm. Mark Searcy 727.447.8800 Klein & Heuchan, Inc. Realtors 1744 North Belcher Road, Suite 200 Clearwater, Florida 33765 Mark S. Klein, CCIM 727.441.1951 Coldwell Banker Commercial 3474 Tampa Road Palm Harbor, Florida John A. Skicewicz, CCIM 727.781.3700 Marcus & Millichap Real Estate Brokerage Company of Florida 7650 Courtney Campbell Cswy, Suite 920 Tampa, Florida 33607 .J\ngela Birdsong 813.387.4700 Echenbaugh Land Company 2502 Rocky point Drive, Suite 675 Tampa, Florida 33607 Bill Echenbaugh, ALC, CCIM 813.287.8787 Viewpoint Realty International, Inc. 645 Bayway Blvd., Suite A Clearwater Beach, Florida 33767 Georgette Gillis Investment Development Specialist 727.448.3533 Attachment number 2 Page 1 of 1 Item # 24 () < " G') (")"'tJ-I0 0 m ("') ("') )> :;0 3 (6' CD (") 0 ::r CD m or-)> ~ :i' "TI ::r c: D) >< ~)>~-I 3 " C1l C1l ~ UI D) (J) ~(")~m 2. Qo Cil :s C1l :s "'tJ 0" ~ 0 _m .. ..... :s ::E: :s D) Co -I .. "tJ ..... - C1l (") C ., Z -I CD m 0 :!. CD c co D) UI 0 m ::s (") ::r :s m m s: ::r ~ Z ..... D) Z CD :s ., -I Q,) 3 (J) ~=Q~~ 3 C'" (O-~o)> CD CD --c _. 0-< :;0 ~ 5:(J)z :S(J)O"'tJ C'D = _. ~C1I m )>(J)o C'D<(")~N (J) XC "'tJ .. mm ::::!. 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[- Q) U ...J o::~ a.. . _ I: (.) <C O.~ S E a.. 00 01: tnl- to- <(W M ::s'Ci) ~ 0 .. ...J .. 2: ~ 0 to- 00<( W ~ - 0 0 0 M M 10. (.) 0 I-W 2:Q) ~Q) 00 00 CD 00 rtio:: --"010. M I- C'CS 10. .- 0 ~C'CSO Z CO 00) 0 o C'CS.Q I: o Q) 10. ._ a.. NUQ)1o. 00 > Q) It)~..... == Q) W o 00 I: 0:: >- >- '0, <(:::=1: 2:U:':;W W W l- .. l- .. W 2: WU2: 1-<(0 <(...J oa..U Item # 24 Meeting Date:5/15/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract to lease desktop and laptop computers for 3 years from Hewlett-Packard Financial Services Company, Murray Hill, NJ, and Insight Public Sector, Bloomingdale, IL as the lowest bid respondents to RFP 14-08, for an amount not to exceed $1,200,000; and adopt Resolution 08-07 authorizing the City Manager to delegate to the Information Technology Director or other designee the ability to execute documents on Lease Agreements with Hewlett-Packard, and authorize appropriate officials to execute same. SUMMARY: The City has leased computers for six years. The benefits of leasing include operational savings for asset acquisition and maintenance, improved efficiency in user support and asset management, improved security for City systems and network, improved performance for system users and employees. This term of leasing includes all desktop (-1,200) and laptop (-400) computers within the City. The cost of this lease term is 28% lower that the previous term ('05-'08), and is 44% cheaper than the intiallease term ('02-'05). Previously, separate lease approvals were executed for the Police Department and all other City departments. The maximum annual costs for this lease term will be approximately $400,000 in the third year. This agreement includes several value added enhancements over previous agreements, including: 1. Self-Maintainer Program which enables City staff to be trained at no additional costs to function as Hewlett-Packard certified technicians to expedite diagnostic and resolution actions (Hewlett-Packard tracks and pays (reimburses) for these services for every 15 minutes of work performed). 2. Charitable Contributions; for every 16 computers leased or purchased by the City, Insight will donate one computer (new) to a designated organization within the City. This will provide approximately 100 computers for donations to not for profit organizations over the 3 year term of the lease. Annual lease payments will be budgeted in the Information Technology annual operating budget, and costs prorated to all departments based upon their respective computer counts, through the Administrative Services Fund charge back for Information Technology services. Type: Current Year Budget?: Purchase Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $100,000 $1,200,000 2008 to 2011 Annual Operating Cost: Total Cost: $400,000 $1,200,000 Appropriation Code 0555-09862-544500-519-000- 0000 Amount $100,000 Appropriation Comment Cover Memo Item # 25 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes RFP #14- 08 Bid Number: Bid Exceptions: None Cover Memo Item # 25 Attachment number 1 Page 1 of 10 ( ..J;' ~ :1) ,- . I 'I I'. . , I ~' " < . Master Agreement Number 105624 II!.I.... Lessee's Organization Number Lessee's Tax Identification Number Lessee's UCC Section 9-307 Location STATE AND LOCAL GOVERNMENT MASTER OPERATING LEASE AGREEMENT This State and Local Government Master Operating Lease Agreement (together with Exhibits A and B attached hereto and hereby made a part hereof, (this "Master Agreement"), dated as of April 30, 2008, is entered into by and between Hewlett-Packard Financial Services Company,' a Delaware corporation ("Lessor"), and Citv of Clearwater, Florida, an agency, department or political subdivision of the State of Florida ("Lessee"). Capitalized terms used in this Master Agreement without definition have the meanings ascribed to them in Section 30. 1. PURPOSE OF MASTER AGREEMENT. The purpose of this Master Agreement is to set forth the general terms and conditions upon which Lessor shall lease to Lessee, and Lessee shall lease from Lessor, items of Hardware, Software or both (such Hardware and Software being collectively referred to as "Equipment"). 2. COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contained in this Master Agreement and the applicable Schedule, Lessee shall enter into individual Leases (hereinafter defined) with Lessor as follows: (a) Execution of Schedule. Lessor and Lessee mutually agree to enter into a Lease by executing a Schedule in the form of Exhibit A with such changes as Lessor and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other identifying characteristics) the items of Equipment to be leased under such Schedule (other than items of System Software, which shall be deemed to be items of Software leased under the Schedule pursuant to which the related items of Hardware are leased). Each Schedule, when executed by both Lessee and Lessor, together with this Master Agreement, shall constitute a separate and distinct lease ("Lease"), enforceable according to its terms. In the event of any conflict between the terms of this Master Agreement and such Schedule, the provisions of the Schedule shall govern. (b) Acceptance; Initial Term of Leases. Lessee shall accept the Equipment subject to a Lease in accordance with Section 3. The Initial Term of each Lease shall begin on the Acceptance Date of the Equipment subject to such Lease and shall continue for the period described in the applicable Schedule unless a Nonappropriation shall have occurred. (c) Adiustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and the related Rent payments set forth in any Schedule may be estimates, and if the final invoice from the Seller attached to the related Acceptance Certificate(s) specifies a Total Cost that is less than the estimated Total Cost set forth in the Schedule, Lessee hereby authorizes Lessor to reduce the applicable Total Cost and Rent payment on the Schedule by up to ten percent (10%) to reflect such final invoice amount (the "Final Invoice Amount"). All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified in the applicable Schedule, as adjusted pursuant to this paragraph. (d) Pavment bv Lessor. Within 30 days after Lessee's delivery to Lessor of a properly completed and executed Acceptance Certificate and all other documentation necessary to establish Lessee's acceptance of such Equipment under the related Lease and Lessor's acceptance of such Acceptance Certificate, Lessor shall pay for the Equipment. Lessor shall not accept the Acceptance Certificate until it has received from Lessee (1) evidence of insurance with respect to the Equipment in compliance with Section 13 hereof, (2) an opinion of Lessee's counsel, if required by Lessor, in form and substance reasonably satisfactory to Lessor and (3) any other documents or items reasonably required by Lessor. Notwithstanding the foregoing, Lessor shall not be obligated to pay for the Equipment if a Lessee Default has occurred or an event has occurred and is continuing that with the passage of time or provision of notice would constitute a Lessee Default. 3. ACCEPTANCE OF EQUIPMENT. (a) Inspection of Equipment. Lessee agrees to inspect all Equipment as soon as reasonably practicable after the delivery thereof to Lessee. (b) Acceptance Certificate. Upon the satisfactory inspection of the Equipment by Lessee, or if acceptance requirements for such Equipment are specified in the applicable Purchase Documents, as soon as such requirements are met, Lessee shall unconditionally and irrevocably accept the Equipment by executing and delivering to Lessor a properly completed Acceptance Certificate in substantially the form of Exhibit B. 4. LESSEE'S END-OF -LEASE-TERM OPTIONS; AUTOMATIC EXTENSION. Lessee shall have the following options in respect of each Lease at the end of each of the Initial Term, any Renewal Term and any optional extension of the Initial Term or any Renewal Term: a. Purchase Option. Lessee may elect, by delivering to Lessor an End-of-Term Notice at least 90 days prior to the expiration of the Initial Term, any Renewal Term or any optional extension of the Initial Term or any Renewal Term, to purchase any or all Units of Equipment then subject to such Lease (other than items of Software that may not be sold by Lessor under the terms of any applicable License Agreement) for an amount equal to the Fair Market Value of such Units of Equipment as of the end of the Then Applicable Term, provided no Lessee Default shall have occurred and be continuing. In the event of such an election, Lessee shall pay such amount to Lessor, in immediately available funds, on or before the last day of the Then Applicable Term. If Lessee shall have so elected to purchase any of the Units of Equipment, shall have so paid the applicable purchase price and shall have fulfilled the terms and conditions of this Master Agreement, then on the last day of the Then Applicable Term (1) the Lease with respect to such Units of Equipment shall terminate and, except as provided in Section 26, Lessee shall be relieved of all of its obligations in favor of Lessor with respect to such Units of Equipment, and (2) Lessor shall transfer all of its interest in such Units of Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event Lessor and Lessee are unable to agree on the Fair Market Value of any Units of Equipment, Lessor shall, at Lessee's expense, select an independent appraiser to conclusively determine such amount. b. RenewalOption. Lessee may elect, by delivering to Lessor an End-of- Term Notice at least 90 days prior to the expiration of the Initial Term, any Renewal Term, or any optional extension of the Initial Term or any Renewal Term, to renew the Lease with respect to any or all Units of Equipment then subject to such Lease (other than items of Software that may not be re-released by Lessor under the terms of any applicable License Agreement) for an amount equal to the Fair Rental Value of such Units of Equipment as of the end of the Then Applicable Term. In the event of such an election, Lessee shall enter into a mutually agreeable renewal agreement with Lessor ("Renewal Agreement") on or before the last day of the Then Applicable Term confirming the Units of Equipment as to which the Lease is to be renewed, the period for which the Lease is to be renewed (the "Renewal Term"), and the amount of Rent and the times at which such Rent is to be payable during the Renewal Term. In the event Lessor and Lessee are unable to agree on the Fair Rental Value of any Units of Equipment, Lessor shall, at Lessee's expense, select an independent appraiser to conclusively determine such amount. c. Return. Lessee may elect, by delivering to Lessor an End-of-Term Notice at least 90 days prior to the expiration of the Initial Term, any Renewal Term or any optional extension of the Initial Term or any Renewal Term, to return any or all of the Units of Equipment then subject to such Lease in accordance with Section 10 of this Master Agreement. 1 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Item # 25 Page 1 of 10 MOLA 10-01-05 Attachment number 1 Page 2 of 10 d. Optional Extension. Lessee may elect, by omitting to deliver to Lessor an End-of-Term Notice at least 90 days prior to the expiration of the Initial Term or any Renewal Term, to extend the Initial Term or such Renewal Term, as the case may be. In that event, the Initial Term or such Renewal Term shall, without any additional notice or documentation, be automatically extended for successive calendar months with respect to all items of Equipment then subject to such Lease through the end of the calendar month falling at least 90 days after the date Lessee shall have delivered to Lessor an End-of-Term Notice with respect to such Lease. For each calendar month that the Then Applicable Term of such Lease is so extended, Lessee shall pay to Lessor Rent in an amount equal to the monthly Rent payment in effect immediately prior to such extension (or the appropriate pro rata portion of the Rent payment then in effect in the case of Rent payable other than on a monthly basis), and all other provisions of this Master Agreement and the applicable Schedule shall continue to apply. If Lessee shall have delivered to Lessor an End-of-Term Notice with respect to a Lease, but shall have subsequently failed to comply with its obligations arising from its elections specified therein (e.g., Lessee shall have failed, on or before the last day of the Then Applicable Term (1) to pay Lessor the purchase price for Equipment to be purchased in accordance with Section 4(a) above, (2) to execute a Renewal Agreement with respect to Equipment as to which the Lease is to be renewed in accordance with Section 4(b) above, or (3) to return to Lessor Equipment to be returned in accordance with Section 4(c) above), then the Then Applicable Term of such Lease shall, without any additional notice or documentation, be automatically extended for successive calendar months with respect to all items of Equipment as to which Lessee shall have so failed to comply with its obligations through the end of the calendar month in which Lessee shall have complied with such obligations. For each calendar month that the Then Applicable Term of any Lease is so extended, Lessee shall pay to Lessor Rent in an amount equal to the monthly Rent payment in effect immediately prior to such extension (or the appropriate pro rata portion of the Rent payment then in effect in the case of Rent payable other than on a monthly basis), and all other provisions of this Master Agreement and the applicable Schedule shall continue to apply. Notwithstanding any of the provisions of this Section 4 to the contrary, if any Lessee Default shall have occurred and be continuing at any time during the last 90 days of the Then Applicable Term of any Lease, Lessor may cancel any Renewal Term or optional or other automatic extension of the Then Applicable Term immediately upon written notice to Lessee. 5. RENT; LATE CHARGES. As rent ("Rent") for the Equipment under any Lease, Lessee agrees to pay the amounts specified in the applicable Schedule on the due dates specified in the applicable Schedule. Lessee agrees to pay Lessor interest on any Rent payment or other amount due hereunder that is not paid within 10 days of its due date, at the rate of 1-1/2% per month (or such lesser rate as is the maximum rate allowable under applicable law, specifically including, without limitation, the Florida Prompt Payment Act, Fla. Stat.215.422(2006).Lessee will make provision for such payments in budgets submitted to its governing body for the purpose of obtaining funding for the payments. 6. LEASES NON-CANCELABLE; NET LEASES; WAIVER OF DEFENSES TO PAYMENT. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT EACH LEASE HEREUNDER SHALL BE NON-CANCELABLE (EXCEPT AS SET FORTH IN SECTION 7 HEREOF), AND THAT EACH LEASE HEREUNDER IS A NET LEASE (SO THAT AMONG OTHER THINGS LESSEE SHALL PAY IN ADDITION TO THE RENT, TAXES, INSURANCE AND MAINTENANCE CHARGES RELATED TO THE EQUPMENT). LESSEE AGREES THAT IT HAS AN ABSOLUTE AND UNCONDITIONAL OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE. LESSEE HEREBY WAIVES ANY RECOUPMENT, CROSS-CLAIM, COUNTERCLAIM OR ANY OTHER DEFENSE AT LAW OR IN EQUITY TO ANY RENT OR OTHER AMOUNT DUE WITH RESPECT TO ANY LEASE, WHETHER ANY SUCH DEFENSE ARISES OUT OF THIS MASTER AGREEMENT, ANY SCHEDULE, ANY CLAIM BY LESSEE AGAINST LESSOR, LESSOR'S ASSIGNEES OR SUPPLIER OR OTHERWISE. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE OR INTEGRATE AS REPRESENTED OR WARRANTED BY SUPPLIER OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER, LESSEE WILL MAKE ANY CLAIM ON ACCOUNT OF THOSE ISSUES SOLELY AGAINST SUPPLIER AND WILL NEVERTHELESS PAY ALL SUMS DUE WITH RESPECT TO EACH LEASE. 7. NONAPPROPRIATION. Notwithstanding anything contained in this Master Agreement to the contrary, in the event that sufficient funds are not appropriated and budgeted by Lessee's governing body or are not otherwise available from other legally available sources in any fiscal period for the payment of Rent and other amounts due under any Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay amounts due under the Lease without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Rent payments or other amounts herein agreed upon for which funds shall have been appropriated or are otherwise available. Lessee will immediately notify the Lessor or its assignee of such occurrence. In the event of such termination, Lessee shall immediately cease all use of the Equipment, and shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure, and return the Equipment subject to such Lease to Lessor (all in accordance with Section 10 of this Master Agreement). Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by this Lease, shall be free and clear of any liens (except Lessor's lien) and shall comply with all applicable laws and regulations. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor or evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. At Lessor's request, Lessee shall promptly provide supplemental documentation as to such Non-Appropriation satisfactory to Lessor. Lessee's exercise of its rights pursuant to this Section 7 shall not affect the survival of any indemnity and other provisions (other than the obligation to lease the Equipment and pay amounts due under the Lease) which survive the termination of the Lease. 8. ASSIGNMENT OF PURCHASE DOCUMENTS. Lessee assigns to Lessor all of Lessee's right, title and interest in and to (a) the Equipment described in each Schedule, and (b) the Purchase Documents relating to such Equipment. Such assignment of the Purchase Documents is an assignment of rights only; nothing in this Master Agreement shall be deemed to have relieved Lessee of any obligation or liability under any of the Purchase Documents, except that, as between Lessee and Lessor, Lessor shall pay for the Equipment in accordance with Section 2( d) hereof. Lessee represents and warrants that it has reviewed and approved the Purchase Documents. In addition, if Lessor shall so request, Lessee shall deliver to Lessor a document acceptable to Lessor whereby Seller acknowledges and provides any required consent to such assignment. For the avoidance of doubt, Lessee covenants and agrees that it shall at all times during the Total Term of each Lease comply in all respects with the terms of any License Agreement relating to any Equipment leased thereunder. IT IS ALSO SPECIFICALLY UNDERSTOOD AND AGREED THAT NEITHER SUPPLIER NOR ANY SALESPERSON OF SUPPLIER IS AN AGENT OF LESSOR, NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER ANY TERMS OF THIS MASTER AGREEMENT OR ANY SCHEDULE. 9. ASSIGNMENT OF SUPPLIER WARRANTIES. To the extent permitted, Lessor hereby assigns to Lessee, for the Total Term of any Lease, all Equipment warranties provided by any Supplier in the applicable Purchase Documents. Lessee shall have the right to take any action it deems appropriate to enforce such warranties provided such enforcement is pursued in Lessee's name and at its expense. In the event Lessee is precluded from enforcing any such warranty in its name, Lessor shall, upon Lessee's request, take reasonable steps to enforce such warranty. In such circumstances, Lessee shall, promptly upon demand, reimburse Lessor for all expenses incurred by Lessor in enforcing the Supplier warranty. Any recovery resulting from any such enforcement efforts shall be divided among Lessor and Lessee as their interests may appear. 10. EQUIPMENT RETURN REQUIREMENTS. At any time Lessee is required to return Equipment to Lessor under the terms of this Master Agreement or any Schedule, Lessee shall (a) wipe clean or permanently delete all data contained on the Equipment, including without limitation, any data contained on internal or external drives, discs, or accompanying media, and (b) pack the Equipment to be returned to Lessor in accordance with the manufacturer's guidelines and deliver such Equipment to Lessor at any destination within the continental United States designated by Lessor. In the case of any item of Software or License Agreement subject to a Schedule, at the time of the occurrence of a Non-Appropriation or a Lessee Default, Lessee shall also be automatically deemed to have reassigned any License Agreement, and shall immediately de-install and deliver to Lessor all Software, together with the original certificate of authenticity issued by the licensor of such Software, if any, the end user license agreement, any CDs, diskettes or other media relating to such Software and any other materials originally delivered to Lessee with such Software. All dismantling, packaging, transportation, in-transit insurance and shipping charges shall be borne by Lessee. All Equipment shall be returned to Item # 25 Page 2 of 10 MOLA 10-01-05 Attachment number 1 Page 3 of 10 Lessor in the same condition and working order as when delivered to Lessee, reasonable wear and tear excepted, and except in the case of PC Equipment and Software, shall qualify for maintenance service by the Supplier at its then standard rates for Equipment of that age, if available. Lessee shall be responsible for, and shall reimburse Lessor promptly on demand for the cost of returning the Equipment to good working condition or, in the case of Equipment other than PC Equipment and Software, qualifying the Equipment for the Supplier's maintenance service, if available. 11. EQUIPMENT USE, MAINTENANCE, AND ADDITIONS. Lessee is solely responsible for the selection, installation, operation and maintenance of the Equipment and all costs related thereto, including shipping charges. Lessee shall at all times operate and maintain the Equipment in good working order, repair, condition and appearance, and in accordance with the manufacturer's specifications and recommendations. On reasonable prior notice to Lessee, Lessor and Lessor's agents shall have the right, during Lessee's normal business hours and subject to Lessee's reasonable, standard security procedures, to enter the premises where the Equipment is located for the purpose of inspecting the Equipment and observing its use. If Lessor shall have provided to Lessee any tags or identifying labels, Lessee shall, at its expense, affix and maintain in a prominent position on each item of Equipment such tags or labels to indicate Lessor's ownership of the Equipment. Except in the case of PC Equipment and Software, Lessee shall, at its expense, enter into and maintain and enforce at all times during the Total Term of each Lease a maintenance agreement to service and maintain the related Equipment, upon terms and with a provider reasonably acceptable to Lessor. Lessee shall make no alterations or additions to the Equipment, except those that (a) will not void any warranty made by the Supplier of the Equipment, result in the creation of any security interest, lien or encumbrance on the Equipment or impair the value or use of the Equipment either at the time made or at the end of the Term of the applicable Lease, and are readily removable without damage to the Equipment ("Optional Additions"), or (b) are required by any applicable law, regulation or order. All additions to the Equipment or repairs made to the Equipment, except Optional Additions, become a part of the Equipment and Lessor's property at the time made; Optional Additions which have not been removed in the event of the return of the Equipment shall become Lessor's property upon such return. 12. EQUIPMENT OWNERSHIP; LIENS; LOCATION. As between Lessor and Lessee, Lessor is the sole owner of the Equipment and has sole title thereto, Lessee shall not make any representation to any third party inconsistent with Lessor's sole ownership of the Equipment. Lessee covenants with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor's interest in the Equipment in any manner whatsoever nor create or permit to exist any levy, lien or encumbrance thereof or thereon except those created by or through Lessor; (ii) the Equipment shall remain personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor's prior written consent; and (iii) Lessee shall maintain the Equipment so that it does not become essential to and may be removed from any building in which it is placed without any damage to the building or the Equipment. Lessee may permit use of the Equipment by its affiliates or independent contractors at the Equipment Location provided it does not relinquish possession and control of the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its locations within the State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location or to another of its locations within the United States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor's prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co-location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement. Notwithstanding the foregoing, Lessor agrees that computer equipment usable outside of a fixed office environment, such as laptops, notebooks or similar PC Equipment (collectively, "Mobile PC Equipment") may be relocated on a non-permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessor's prior written consent, provided that (i) such relocation is made by Lessee's primary employee in the custody and control of such Mobile PC Equipment; (ii) the primary employee remains in possession and control of the Mobile PC Equipment, and (iii) the primary employee's principal office is the Equipment Location. For purposes of this Master Agreement and any applicable Schedule, the term Equipment shall be deemed to include all Mobile PC Equipment. 13. RISK OF LOSS AND INSURANCE. Lessee assumes any and all risk of loss or damage to the Equipment from the time such Equipment is delivered to Lessee until such Equipment is returned to and is received by Lessor in accordance with the terms and conditions of this Master Agreement. Lessee agrees to keep the Equipment insured at Lessee's expense against all risks of loss from any cause whatsoever, including without limitation, loss by fire (including extended coverage), theft and damage. Lessee agrees that such insurance shall name Lessor as a loss payee and cover not less than the Stipulated Loss Value of the Equipment. Lessee also agrees that it shall carry commercial general liability insurance in an amount not less than $2,000,000 total liability per occurrence and cause Lessor and its affiliates and its and their successors and assigns, to be named additional insureds under such insurance. Each policy shall provide that the insurance cannot be canceled without at least 30 days' prior written notice to Lessor, and no policy shall contain a deductible in excess of $25,000. Upon Lessor's prior written consent, in lieu of maintaining insurance obtained by third party insurance carriers, Lessee may self insure against such risks, provided that Lessor's interests are protected to the same extent as if the insurance had been obtained by third party insurance carriers and provided further that such self insurance program is consistent with prudent business practices with respect with such insurance risk. Lessee shall provide to Lessor (a) on or prior to the Acceptance Date for each Lease, and from time to time thereafter, certificates of insurance evidencing such insurance coverage throughout the Total Term of each Lease, and (b) upon Lessor's request, copies of the insurance policies. If Lessee fails to provide Lessor with such evidence, then Lessor will have the right, but not the obligation, to purchase such insurance protecting Lessor at Lessee's expense. Lessee's expense shall include the full premium paid for such insurance and any customary charges, costs or fees of Lessor. Lessee agrees to pay such amounts in substantially equal installments allocated to each Rent payment (plus interest on such amounts at the rate of 1-1/2% per month or such lesser rate as is the maximum rate allowable under applicable law). 14. CASUALTY LOSS. Lessee shall notify Lessor of any Casualty Loss or repairable damage to any Equipment as soon as reasonably practicable after the date of any such occurrence but in no event later than 30 days after such occurrence. In the event any Casualty Loss shall occur, on the next Rent payment date Lessee shall (a) at Lessee's option provided no Lessee Default has occurred nor an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing or (b) at Lessor's option if a Lessee Default has occurred or an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing (1) subject to Section 7 hereof, pay Lessor the Stipulated Loss Value of the Equipment suffering the Casualty Loss, or (2) substitute and replace each item of Equipment suffering the Casualty Loss with an item of Substitute Equipment. If Lessee shall pay the Stipulated Loss Value of the Equipment suffering a Casualty Loss, upon Lessor's receipt in full of such payment the applicable Lease shall terminate as it relates to such Equipment and, except as provided in Section 26, Lessee shall be relieved of all obligations under the applicable Lease as it relates to such Equipment. If Lessee shall replace Equipment suffering a Casualty Loss with items of Substitute Equipment (i) the applicable Lease shall continue in full force and effect without any abatement of Rent with such Substitute Equipment thereafter being deemed to be Equipment leased thereunder, and (ii) Lessee shall deliver to Lessor a bill of sale or other documentation, in either case in form and substance satisfactory to Lessor, in which Lessee shall represent and warrant that it has transferred to Lessor good and marketable title to all Substitute Equipment, free and clear of all liens, encumbrances and claims of others. Upon Lessor's receipt of such payment of Stipulated Loss Value in full, or such bill of sale or other documentation, as the case may be, Lessor shall transfer to Lessee all of Lessor's interest in the Equipment suffering the Casualty Loss "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event of any repairable damage to any Equipment, the Lease shall continue with respect to such Equipment without any abatement of Rent and Lessee shall, at its expense, from insurance proceeds or other funds legally available, promptly cause such Equipment to be repaired to the condition it is required to be maintained pursuant to Section 11. IS. TAXES. Lessor shall report and pay all Taxes now or hereafter imposed or assessed by any governmental body, agency or taxing authority upon the purchase, ownership, delivery, installation, leasing, rental, use or sale of the Equipment, the Rent or other charges payable hereunder, or otherwise upon or in connection with any Lease, whether assessed on Lessor or Lessee, other than any such Taxes required by law to be reported and paid by Lessee. Lessee shall promptly reimburse Lessor for all such Taxes paid by Lessor, together with any penalties or interest in connection therewith attributable to Lessee's acts or failure to act, excluding (a) Taxes on or measured by the overall gross or net income or items of tax preference of Lessor, (b) as to any Lease the related Equipment, Taxes attributable to the period after the Item # 25 Page 3 of 10 MOLA 10-01-05 Attachment number 1 Page 4 of 10 return of such Equipment to Lessor, and (c) Taxes imposed as a result of a sale or other transfer by Lessor of any portions of its interest in any Lease or in any Equipment except for a sale of other transfer to Lessee or a sale or other transfer occurring after and during the continuance of any Lessee Default. 16. GENERAL INDEMNITY. Lessee, to the extent permitted by law, shall indemnify and hold harmless Lessor and assignees, from and against any and all Claims arising directly or indirectly out of or in connection with any matter involving this Master Agreement, the Equipment or any Lease, including but not limited to the selection, manufacture, purchase, acceptance, rejection, ownership, delivery, lease, possession, maintenance, use (including any patent, trademark or copyright infringement), condition, return or operation of any Equipment or the enforcement of Lessor's rights under any Lease. Notwithstanding the foregoing, Lessee shall have no obligation to indemnify or defend against any Claim arising solely as a result of Lessor's gross negligence or willful misconduct. Notwithstanding any other provision of this Agreement to the contrary, the liability of the Lessee under this Agreement is intended to be consistent with limitations of Florida law, including the state's waiver of sovereign immunity. No obligation imposed by this Agreement on the Lessee shall be deemed to alter said waiver or to extend any liability of the Lessee beyond such limits, nor shall any such obligation be deemed or construed as a waiver of any defense of sovereign immunity to which the Lessee may be entitled. 17. COVENANT OF QUIET ENJOYMENT. So long as no Lessee Default exists, and no event shall have occurred and be continuing which, with the giving of notice or the passage of time or both, would constitute a Lessee Default, neither Lessor nor any party acting or claiming through Lessor, by assignment or otherwise, will disturb Lessee's quiet enjoyment of the Equipment during the Total Term of the related Lease. 18. DISCLAIMERS AND LESSEE WAIVERS. LESSEE LEASES THE EQUIPMENT FROM LESSOR "AS IS, WHERE IS". IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 17, LESSOR MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY, OPERATION, OR CONDITION OF ANY EQUIPMENT (OR ANY PART THEREOF), THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR PURPOSE, OR ISSUES REGARDING PATENT INFRINGEMENT, TITLE AND THE LIKE; (B) LESSOR SHALL NOT BE DEEMED TO HAVE MADE, BE BOUND BY OR LIABLE FOR, ANY REPRESENTATION, WARRANTY OR PROMISE MADE BY THE SUPPLIER OF ANY EQUIPMENT (EVEN IF LESSOR IS AFFILIATED WITH SUCH SUPPLIER); (C) LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY EQUIPMENT OR ANY DELAY IN THE DELIVERY OR INSTALLATION THEREOF; (D) LESSEE HAS SELECTED ALL EQUIPMENT WITHOUT LESSOR'S ASSISTANCE; AND (E) LESSOR IS NOT A MANUFACTURER OF ANY EQUIPMENT. IT IS FURTHER AGREED THAT LESSOR SHALL HAVE NO LIABILITY TO LESSEE, LESSEE'S CUSTOMERS, OR ANY THIRD PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS MASTER AGREEMENT OR ANY SCHEDULE OR CONCERNING ANY EQUIPMENT, OR FOR ANY DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY OR LESSOR'S NEGLIGENCE; PROVIDED, HOWEVER, THAT NOTHING IN THIS MASTER AGREEMENT SHALL DEPRIVE LESSEE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN LESSOR. LESSOR AND LESSEE AGREE THAT THE LEASES SHALL BE GOVERNED BY THE EXPRESS PROVISIONS OF THIS MASTER AGREEMENT AND THE OTHER FUNDAMENTAL AGREEMENTS AND NOT BY THE CONFLICTING PROVISIONS OF ANY OTHERWISE APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE WAIVES ANY RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A OF THE UCC (INCLUDING, BUT NOT LIMITED TO, LESSEE'S RIGHTS, CLAIMS AND DEFENSES UNDER UCC SECTIONS 2A-303 AND 2A-508 THROUGH 2A-522) AND THOSE RIGHTS NOW OR HEREAFTER CONFERRED BY STATUTE OR OTHERWISE, IN EITHER CASE THAT ARE INCONSISTENT WITH OR THAT WOULD LIMIT OR MODIFY LESSOR'S RIGHTS SET FORTH IN THIS MASTER AGREEMENT. 19. LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor with respect to each Lease that: (a) Lessee is an agency or department of, or a political subdivision of the state in which it is located; (b) Lessee has the power and authority to enter into each of the Fundamental Agreements; (c) all Fundamental Agreements are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their terms and do not violate or create a default under any instrument or agreement binding on Lessee; (d) there are no pending or threatened actions or proceedings before any court or administrative agency that could reasonably be expected to have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions have been disclosed to Lessor and consented to in writing by Lessor; (e) Lessee shall comply in all material respects with all laws and regulations the violation of which could have a material adverse effect upon the Equipment or Lessee's performance of its obligations under any Fundamental Agreement; (f) each Fundamental Agreement shall be effective against all creditors of Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; (g) all financial statements, certificates or summaries relating to Lessee's financial condition, fiscal budget or the assessment and collection of taxes and other related information furnished by Lessee shall be prepared in accordance with generally accepted accounting principles in the United States in effect at that time and shall fairly present Lessee's financial position as of the dates given on such statements; (h) since the date of the most recent annual financial statement, there has been no material adverse change in the financial condition of, or the level of assessment or collection of taxes by, the Lessee; (i) the Equipment, subject to the Lease, is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used during the Term of the Lease only by Lessee and only to perform such function; (j) Lessee intends to use the Equipment for the entire Term of the Lease and all Equipment will be used for business purposes only and not for personal, family or household purposes; (k) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with the Lease and the acquisition of the Equipment; (1) there has been no material change in the budget for Lessee's current Fiscal Period since its adoption; (m) Lessee's obligations to pay Rent and any other amounts due under the Lease constitute a current expense and not a debt of Lessee under applicable state law; and (n) no provision of the Lease constitutes a pledge of the tax or general revenues of Lessee. 20. DEFAULT. Any of the following shall constitute a default by Lessee (a "Lessee Default") under this Master Agreement and all Leases: (a) Lessee fails to pay any Rent payment or any other amount payable to Lessor under this Master Agreement or any Schedule within 10 days after its due date; or (b) Lessee defaults on or breaches any of the other terms and conditions of any Material Agreement, and fails to cure such breach within 10 days after written notice thereof from Lessor; or (c) any representation or warranty made by Lessee in any Material Agreement proves to be incorrect in any material respect when made or reaffirmed; or (d) any change occurs in relation to Lessee's financial condition that, in Lessor's opinion, would have a material adverse effect on Lessee's ability to perform its obligations under this Master Agreement or under any Schedule; or (e) Lessee becomes insolvent or fails generally to pay its debts as they become due; or (f) a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency or receivership law is filed by or against Lessee (and if such proceeding is involuntary, it is not dismissed within 60 days after the filing thereof) or Lessee takes any action to authorize any of the foregoing matters; or (g) any letter of credit or guaranty issued in support of a Lease is revoked, breached, canceled or terminated (unless consented to in advance by Lessor); or (h) any Equipment is levied against, seized or attached. 21. REMEDIES. If a Lessee Default occurs, Lessor may, in its sole discretion, exercise one or more of the following remedies: (a) declare all amounts due and to become due during Lessee's current fiscal year under any or all Leases to be immediately due and payable; or (b) terminate this Master Agreement or any Lease; or (c) take possession of, or render unusable, any Equipment wherever the Equipment may be located, without demand or notice and without any court order or other process of law in accordance with Lessee's reasonable security procedures, and no such action shall constitute a termination of any Lease; or (d) require Lessee to deliver the Equipment to a location specified by Lessor; or (e) declare the Stipulated Loss Value for any or all Equipment to be due and payable as liquidated damages for loss of a bargain and not as a penalty and in lieu of any further Rent payments under the applicable Lease or Leases; or (f) proceed by court action to enforce performance by Lessee of any Lease and/or to recover all damages and expenses incurred by Lessor by reason of any Lessee Default; or (g) terminate any other agreement that Lessor may have with Lessee; or (h) exercise any other right or remedy available to Lessor at law or in equity. Also, Lessee shall pay Lessor (i) all costs and expenses that Lessor may incur to maintain, safeguard or preserve the Equipment, and other expenses incurred by Lessor in enforcing any of the terms, conditions or provisions of this Master Agreement (including reasonable legal fees and collection agency costs) and (ii) all costs incurred by Lessor in exercising any of its remedies hereunder Item # 25 Page 4 of 10 MOLA 10-01-05 Attachment number 1 Page 5 of 10 (including reasonable legal fees). Upon repossession or surrender of any Equipment, Lessor will lease, sell or otherwise dispose of the Equipment in a commercially reasonable manner, with or without notice and at public or private sale, and apply the net proceeds thereof to the amounts owed to Lessor under this Master Agreement; provided, however, that Lessee will remain liable to Lessor for any deficiency that remains after any sale or lease of such Equipment. Any proceeds of any sale or lease of such Equipment in excess of the amounts owed to Lessor under this Master Agreement will be retained by Lessor. Lessee agrees that with respect to any notice of a sale required by law to be given, 10 days' notice will constitute reasonable notice. With respect to any exercise by Lessor of its right to recover and/or dispose of any Equipment or other Collateral securing Lessee's obligations under any Schedule, Lessee acknowledges and agrees as follows: (i) Lessor shall have no obligation, subject to the requirements of commercial reasonableness, to clean-up or otherwise prepare the Equipment or any other Collateral for disposition, (ii) Lessor may comply with any applicable state or federal law requirements in connection with any disposition of the Equipment or other Collateral, and any actions taken in connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any such disposition, and (iii) Lessor may convey the Equipment and any other Collateral on an "AS IS, WHERE IS" basis, and without limiting the generality of the foregoing, may specifically exclude or disclaim any and all warranties, including any warranty of title or the like with respect to the disposition of the Equipment or other Collateral, and no such conveyance or such exclusion or such disclaimer of any warranty shall be deemed to have adversely affected the commercial reasonableness of any such disposition. These remedies are cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. 22. PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of its obligations hereunder, Lessor may perform any act or make any payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with expenses (including legal fees and costs) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee immediately upon demand. 23. TRUE LEASE; SECURITY INTEREST; MAXIMUM RATE. Each Lease is intended to be a "Finance Lease" as defined in Article 2A of the UCC, and Lessee hereby authorizes Lessor to file a financing statement to give public notice of Lessor's ownership of the Equipment. The parties' intent that each Lease be a "Finance Lease" within the meaning of Article 2A and the UCC shall have no effect on the characterization of any Lease for accounting purposes, which characterization shall be made by each party independently on the basis of generally accepted accounting principles in the United States in effect at the time. Lessee, by its execution of each Schedule, acknowledges that Lessor has informed it that (a) the identity of Seller is set forth in the applicable Schedule, (b) Lessee is entitled under Article 2A of the UCC to the promises and warranties, including those of any third party, provided to Lessor in connection with, or as a part of, the applicable Purchase Documents, and (c) Lessee may communicate with Seller and receive an accurate and complete statement of the promises and warranties, including any disclaimers and limitations of them or of remedies. If (1) notwithstanding the express intention of Lessor and Lessee to enter into a true lease, any Lease is ever deemed by a court of competent jurisdiction to be a lease intended for security, or (2) Lessor and Lessee enter into a Lease with the intention that it be treated as a lease intended as security by so providing in the applicable Schedule, then to secure payment and performance of Lessee's obligations under this Master Agreement and all Leases, Lessee hereby grants Lessor a purchase money security interest in the related Equipment and in all attachments, accessories, additions, substitutions, products, replacements, rentals and proceeds (including, without limitation, insurance proceeds) thereto as well as a security interest in any other equipment financed pursuant to this Master Agreement or any other agreement between Lessor and Lessee (collectively, the "Collateral"). In any such event, notwithstanding any provisions contained in this Master Agreement or in any Schedule, neither Lessor nor any Assignee shall be entitled to receive, collect or apply as interest any amount in excess of the maximum rate or amount permitted by applicable law. In the event Lessor or any Assignee ever receives, collects or applies as interest any amount in excess of the maximum amount permitted by applicable law, such excess amount shall be applied to the unpaid principal balance and any remaining excess shall be refunded to Lessee. In determining whether the interest paid or payable under any specific contingency exceeds the maximum rate or amount permitted by applicable law, Lessor and Lessee shall, to the maximum extent permitted under applicable law, characterize any non-principal payment as an expense or fee rather than as interest, exclude voluntary prepayments and the effect thereof, and spread the total amount of interest over the entire term of this Master Agreement and all Leases. 24. ASSIGNMENT. Lessor shall have the unqualified right to sell, assign, grant a security interest in or otherwise convey any part of its interest in this Master Agreement, any Lease or any Equipment, in whole or in part, without prior notice to or the consent of Lessee. If any Lease is sold, assigned, or otherwise conveyed, Lessee agrees that Lessor's purchaser, assignee or transferee, as the case may be ("Assignee") shall (a) have the same rights, powers and privileges that Lessor has under the applicable Lease, (b) have the right to receive from Lessee all amounts due under the applicable Lease; and (c) not be required to perform any obligations of Lessor, other than those that are expressly assumed in writing by such Assignee. Lessee agrees to execute such acknowledgements to such assignment as may be reasonably requested by Lessor or the Assignee. Lessee further agrees that, in any action brought by such Assignee against Lessee to enforce Lessor's rights hereunder, Lessee will not assert against such Assignee any set-off, defense or counterclaim that Lessee may have against Lessor or any other person. Unless otherwise specified by Lessor and the Assignee, Lessee shall continue to pay all amounts due under the applicable Lease to Lessor; provided, however, that upon notification from Lessor and the Assignee, Lessee covenants to pay all amounts due under the applicable Lease to such Assignee when due and as directed in such notice. Lessee further agrees that any Assignee may further sell, assign, grant a security interest in or otherwise convey its rights and interests under the applicable Lease with the same force and effect as the assignment described herein. Lessee may not assign, transfer, sell, sublease, pledge or otherwise dispose of this Master Agreement, any Lease, any Equipment or any interest therein. 25. FURTHER ASSURANCES. Lessee agrees to promptly execute and deliver to Lessor such further documents and take such further action as Lessor may require in order to more effectively carry out the intent and purpose of this Master Agreement and any Schedule. Without limiting the generality of the foregoing, Lessee agrees (a) to furnish to Lessor from time to time, its certified financial statements, officer's certificates and appropriate resolutions, opinions of counsel and such other information and documents as Lessor may reasonably request, and (b) to execute and timely deliver to Lessor such documents that Lessor deems necessary to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. It is also agreed that Lessor or Lessor's agent may file as a financing statement, any lease document (or copy thereof, where permitted by law) or other financing statement that Lessor deems appropriate to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. Lessee hereby appoints Lessor and any agent of Lessor as Lessee's attorney-in-fact, with full power of substitution in its place and stead, in its name or in the name of Lessor to from time to time in Lessor's sole discretion take any action and to execute any instrument which Lessor may deem necessary or advisable to protect Lessor's interests hereunder. Lessee acknowledges and agrees that such appointment is coupled with an interest and is irrevocable until the expiration or termination of all Leases and financings and the satisfaction by Lessee of all of its obligations hereunder. Upon demand, Lessee will promptly reimburse Lessor for any filing or recordation fees or expenses (including legal fees and costs) incurred by Lessor in perfecting or protecting its interests in any Collateral. Lessee represents and warrants that Lessee's name as set forth in the signature block below is Lessee's full and accurate legal name and that the information set forth on the first page hereof regarding its organization number, tax identification number and location is true and correct as of the date hereof. Lessee further agrees to provide Lessor advance written notice of any change in the foregoing. 26. TERM OF MASTER AGREEMENT; SURVIVAL. This Master Agreement shall commence and be effective upon the execution hereof by both parties and shall continue in effect until terminated by either party by 30 days prior written notice to the other, provided that the effective date of the termination is after all obligations of Lessee arising hereunder and pursuant to any Schedule have been fully satisfied. Notwithstanding the foregoing, all representations, warranties and covenants made by Lessee hereunder shall survive the termination of this Master Agreement and shall remain in full force and effect. All of Lessor's rights, privileges and indemnities under this Master Agreement or any Lease, to the extent they are fairly attributable to events or conditions occurring or existing on or prior to the expiration or termination of such Lease, shall survive such expiration or termination and be enforceable by Lessor and Lessor's successors and assigns. 27. WAIVER OF JURY TRIAL. LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHT TO DEMAND A JURY TRIAL WITH RESPECT TO ANY ACTION OR PROCEEDING INSTITUTED BY LESSOR OR LESSEE IN CONNECTION WITH THIS MASTER AGREEMENT OR ANY Item # 25 Page 5 of 10 MOLA 10-01-05 Attachment number 1 Page 6 of 10 FUNDAMENTAL AGREEMENT. Except as specifically provided in this Section 27, the parties shall retain all rights under applicable law pursuant to Section 29(a) below. 28. NOTICES. All notices, requests, demands, waivers and other communications required or permitted to be given under this Master Agreement or any other Fundamental Agreement shall be in writing and shall be deemed to have been received upon receipt if delivered personally or by a nationally recognized overnight courier service, or by confirmed facsimile transmission, or 3 days after deposit in the United States mail, certified, postage prepaid with return receipt requested, addressed as follows (or such other address or fax number as either party shall so notify the other): If to Lessor: If to Lessee: City of Clearwater, Florida 100 South Myrtle Ave; Suite 360 Clearwater, FL 33756 Attn: Dan Maver - Director ofIT ("Authorized Lessee Representative") Fax: Hewlett-Packard Financial Services Company 420 Mountain Avenue, P.O. Box 6 Murray Hill, New Jersey 07974-0006 Attn: Director of Operations North America Fax: (908) 898-4109 29. MISCELLANEOUS (a) Governing Law. THIS MASTER AGREEMENT AND EACH LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS (AS OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF EQUIPMENT LOCATION. (b) Credit Review. Lessee consents to a reasonable credit review by Lessor for each Lease. (c) Captions and References. The captions contained in this Master Agreement and any Schedule are for convenience only and shall not affect the interpretation of this Master Agreement or any Lease. All references in this Master Agreement to Sections and Exhibits refer to Sections hereof and Exhibits hereto unless otherwise indicated. (d) Entire Agreement; Amendments. This Master Agreement and all other Fundamental Agreements executed by both Lessor and Lessee constitute the entire agreement between Lessor and Lessee relating to the leasing of the Equipment, and supersede all prior agreements relating thereto, whether written or oral, and may not be amended or modified except in a writing signed by the parties hereto. (e) No Waiver. Any failure of Lessor to require strict performance by Lessee, or any written waiver by Lessor of any provision hereof, shall not constitute consent or waiver of any other breach of the same or any other provision hereof. (1) Lessor Affiliates. Lessee understands and agrees that Hewlett-Packard Financial Services Company or any affiliate or subsidiary thereof may, as lessor, execute Schedules under this Master Agreement, in which event the terms and conditions of the applicable Schedule and this Master Agreement as it relates to the lessor under such Schedule shall be binding upon and shall inure to the benefit of such entity executing such Schedule as lessor, as well as any successors or assigns of such entity. (g) Invalidity. If any provision of this Master Agreement or any Schedule shall be prohibited by or invalid under law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Master Agreement or such Schedule. (h) Counterparts. This Master Agreement may be executed in counterparts, which collectively shall constitute one document. (i) Lessor Reliance. Lessor may act in reliance upon any instruction, instrument or signature reasonably believed by Lessor in good faith to be genuine. Lessor may assume that any employee of Lessee who executes any document or gives any written notice, request or instruction has the authority to do so. 30 DEFINITIONS. All capitalized terms used in this Master Agreement have the meanings set forth below or in the Sections of this Master Agreement referred to below: "Acceptance Certificate" means an Acceptance Certificate in substantially the form of Exhibit B executed by Lessee and delivered to Lessor in accordance with Section 3. "Acceptance Date" means, as to any Lease, the date Lessee shall have accepted the Equipment subject to such Lease in accordance with Section 3. "Authorized Lessee Representative" has the meaning specified in Section 28. "Assignee" means any assignee of all or any portion of Lessor's interest in this Master Agreement, any Schedule or any Equipment, whether such assignee received the assignment of such interest from Lessor or a previous assignee of such interest. "Casualty Loss" means, with respect to any Equipment, the condemnation, taking, loss, destruction, theft or damage beyond repair of such Equipment. "Casualty Value" means, as to any Equipment, an amount determined as of the date of the Casualty Loss or Lessee Default in question pursuant to a "Table of Casualty Values" attached to the applicable Schedule or, if no "Table of Casualty Values" is attached to the applicable Schedule, an amount equal to the sum of (i) the present value as of the date of the Casualty Loss or Lessee Default in question (discounted at 5% per annum, compounded monthly) of all Rent payments payable after such date through the scheduled date of expiration of the Then Applicable Term, plus (ii) the present value as of the date of the Casualty Loss or Lessee Default in question (discounted at 5% per annum, compounded monthly, from the scheduled date of expiration of the Then Applicable Term) of an amount determined by multiplying the applicable casualty percentage specified below by the Total Cost of such Equipment. The applicable casualty percentage shall be 35% for Equipment having an Initial Term of less than 24 months; 30% for Equipment having an Initial Term of 24 months or greater, but less than 36 months; 25% for Equipment having an Initial Term of 36 months or greater, but less than 48 months; and 20% for Equipment having an Initial Term of 48 months or greater. "Claims" means all claims, actions, suits, proceedings, costs, expenses (including, without limitation, court costs, witness fees and attorneys' fees), damages, obligations, judgments, orders, penalties, fines, injuries, liabilities and losses, including, without limitation, actions based on Lessor's strict liability in tort. "Code" means the Internal Revenue Code of 1986, as amended. "Collateral" has the meaning specified in Section 23. "Daily Rent" means, as to any Lease, an amount equal to the per diem Rent payable under the applicable Schedule (calculated on the basis of a 360 day year and 30 day months). "End-of-Term Notice" means, as to any Lease, a written notice delivered by Lessee to Lessor at least 90 days prior to the end of the Initial Term, any Renewal Term or any optional extension of the Initial Term or any Renewal Term setting forth Lessee's elections pursuant to Section 4 with respect to the Equipment subject to such Lease. Each End-of-Term Notice shall specify on a line item basis and in the same format as the Equipment is described in the applicable Schedule (or if different, in the applicable Acceptance Certificate) the Units of Equipment to be purchased by Lessee (if any), as to which the Lease is to be renewed (if any) and that are to be returned to Lessor (if any). "Equipment" has the meaning specified in Section 1. "Equipment Location" means, as to any Equipment, the address at which such Equipment is located from time to time, as originally specified in the applicable Schedule and as subsequently specified in a notice delivered to Lessor pursuant to Section 12, if applicable. "Fair Market Value" means the total price that would be paid for any specified Equipment in an arm's length transaction between an informed and willing buyer (other than a used equipment dealer) under no compulsion to buy and an informed and willing seller under no compulsion to sell. Such total price shall not be reduced by the costs of removing such Equipment from its current location or moving it to a new location. "Fair Rental Value" means the amount of periodic rent that would be payable for any specified Equipment in an arm's length transaction between an informed and willing lessee and an informed and willing lessor, neither under compulsion to lease. Such amount shall not be reduced by the costs of removing such Equipment from its current location or moving it to a new location. "Final Invoice Amount" has the meaning set forth in Section 2(c). Item # 25 Page 6 of 10 MOLA 10-01-05 Attachment number 1 Page 7 of 10 "First Payment Date" means, as to any Lease, the date the first Rent payment with respect to the Initial Term of such Lease is due, as determined pursuant to the terms of the applicable Schedule. "Fiscal Period" shall mean the fiscal year of Lessee, as it may be more particularly described in a Schedule. "Fundamental Agreements" means, collectively, this Master Agreement, each Schedule and Acceptance Certificate and all other related instruments and documents. "Hardware" means items of tangible equipment and other property. "Initial Term" means, as to any Lease, the initial term thereof as specified in the related Schedule. "Lease" has the meaning specified in Section 2(a). "Lessee" has the meaning specified in the preamble hereof. "Lessee Default" has the meaning specified in Section 20. "Lessor" has the meaning specified in the preamble hereof. "License Agreement" means any license agreement or other document granting the purchaser the right to use Software or any technical information, confidential business information or other documentation relating to Hardware or Software, as amended, modified or supplemented by any other agreement between the licensor and Lessor. "Master Agreement" has the meaning specified in the preamble hereof. "Material Agreements" means, collectively, all Fundamental Agreements, all other material agreements by and between Lessor and Lessee, and any application for credit, financial statement, or financial data required to be provided by Lessee in connection with any Lease. "Mobile PC Equipment" has the meaning specified in Section 12 hereof. "Non-Appropriation" has the meaning specified in Section 7. "Optional Additions" has the meaning specified in Section 11. "PC Equipment" means, collectively, personal computers (e.g., workstations, desktops and notebooks) and related items of peripheral equipment (e.g., monitors, printers and docking stations). "Purchase Documents" means, as to any Equipment, any purchase order, contract, bill of sale, License Agreement, invoice and/or other documents that Lessee has, at any time, approved, agreed to be bound by or entered into with any Supplier of such Equipment relating to the purchase, ownership, use or warranty of such Equipment. "Renewal Agreement" has the meaning specified in Section 4. "Renewal Term" has the meaning specified in Section 4. "Rent" has the meaning specified in Section 5. "Schedule" means, unless the context shall otherwise require a Schedule executed by Lessor and Lessee pursuant to Section 2(a). "Seller" means, as to any Equipment, the seller of such Equipment as specified in the applicable Schedule. "Software" means copies of computer software programs owned or licensed by Lessor, and any disks, CDs, or other media on which such programs are stored or written. "State" means any of the states of the United States, its territories and possessions. "Stipulated Loss Value" means, as to any Equipment, an amount equal to the sum of (a) all Rent and other amounts due and owing with respect to such Equipment as of the date of payment of such amount, plus (b) the Casualty Value of such Equipment. "Substitute Equipment" means, as to any item of Hardware or Software subject to a Lease, a substantially equivalent or better item of Hardware or Software having equal or greater capabilities and equal or greater Fair Market Value manufactured or licensed by the same manufacturer or licensor as such item of Hardware or Software subject to a Lease. The determination of whether any item of Equipment is substantially equivalent or better than an item of Equipment subject to a Lease shall be based on all relevant facts and circumstances, but shall minimally require, in the case of a computer, that each of processor, hard-drive, random access memory and CD ROM drive, if applicable, be equivalent or better. "Supplier" means as to any Equipment, the Seller and the manufacturer or licensor of such Equipment collectively, or where the context requires, any of them. "System Software" means an item of Software that is pre-loaded on an item of Hardware purchased by Lessor for lease hereunder for which the relevant Purchase Documents specify no purchase price separate from the aggregate purchase price specified for such items of Hardware and Software. "Taxes" means all license and registration fees and all taxes (local, state and federal), fees, levies, imposts, duties, assessments, charges and withholding of any nature whatsoever, however designated (including, without limitation, any value added, transfer, sales, use, gross receipts, business, occupation, excise, personal property, real property, stamp or other taxes) other than taxes measured by Lessor's income. "Term" means the term thereof as specified in the related Schedule. "Then Applicable Term" means, as to any Lease, the term of the Lease in effect at the time of determination, whether it be the Initial Term, any Renewal Term or any optional or other automatic extension of the Initial Term or any Renewal Term pursuant to Section 4. "Total Cost" means as to any Lease, the total acquisition cost to Lessor of the Equipment subject to such Lease as set forth in the applicable Purchase Documents, including related delivery, installation, taxes and other charges which Lessor has agreed to pay and treat as a portion of such acquisition cost, if any. "Total Term" means, as to any Lease, the aggregate term of such Lease, including the Initial Term, any Renewal Term and any optional or other automatic extension of the Initial Term or any Renewal Term pursuant to Section 4. "UCC" means the Uniform Commercial Code as enacted and in effect in any applicable jurisdiction. "Unit of Equipment" means, as to the Equipment leased pursuant to any Schedule (a) each individual item of PC Equipment leased pursuant to such Schedule, and (b) all Equipment taken as a whole leased pursuant to such Schedule other than PC Equipment taken as a whole. IN WITNESS WHEREOF, LESSEE AND LESSOR HAVE EXECUTED THIS MASTER AGREEMENT ON THE DATES SPECIFIED BELOW. LESSEE: CITY OF CLEARWATER, FLORIDA LESSOR: HEWLETT-PACKARD FINANCIAL SERVICES COMPANY' By: By: William B. Horne II / City Mana!!:er Name and Title Name and Title Date Date 2 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Item # 25 Page 7 of 10 MOLA 10-01-05 Attachment number 1 Page 8 of 10 LESSEE: CITY OF CLEARWATER, FLORIDA LESSEE: CITY OF CLEARWATER, FLORIDA 3 By: By: Frank V. Hibbard / Mayor Name and Title Cynthia E. Goudeau / City Clerk Name and Title Date Date LESSEE: CITY OF CLEARWATER, FLORIDA By: / City Attorney Name and Title Date 3 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Item # 25 Page 8 of 10 MOLA 10-01-05 Attachment number 1 Page 9 of 10 , , ~ ~.....~ '} . II ~ I' . ..... . -,~; ~ I. .~ - _~ I I \ c.- . =-=.1 . - - ~ -, -" . :) ;:; t.;..r"< / '''{ ~ ~ ~\ Exhibit A to Master Agreement Master Agreement Number Schedule Number COUNTERPART NO. OF _ TO THE EXTENT THAT THIS SCHEDULE CONSTITUTES CHATTEL PAPER (AS DEFINED ON THE UCC), NO SECURITY INTEREST IN THIS SCHEDULE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY COUNTERPART OTHER THAN COUNTERPART NO.1. STATE AND LOCAL GOVERNMENT MASTER OPERATING LEASE AGREEMENT SCHEDULE Hewlett-Packard Financial Services Company' ("Lessor") and , an agency, department or political subdivision of the State of ("Lessee") are parties to the State and Local Government Master Operating Lease Agreement identified by the Master Agreement Number specified above (the "Master Agreement"). This Schedule (which shall be identified by the Schedule Number specified above) and the Master Agreement together comprise a separate Lease between the parties. The terms and conditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in this Schedule without definition have the meanings ascribed to them in the Master Agreement. 1. LEASE. A. Description of Items of Leased Equipment Total Cost B. Initial Term: Months. 2. RENT: $ RENT is payable: in advance _in arrears (check one) _monthly _semi-annually _quarterly (check one) _annually If the Rent is due in advance, then the first Rent payment shall be due on the Acceptance Date. If the Rent is due in arrears, then the first Rent payment shall be due at the end of the first payment frequency period as selected above. 3. LATEST COMMENCEMENT DATE: before the Latest Commencement Date. . Lessor's obligation to purchase and lease the Equipment is subject to the Acceptance Date being on or 4. EQUIPMENT LOCATION: 5. SELLER: 6. APPROPRIATIONS: Monies for all Rent and other payments due under the Lease for the Fiscal Period ending are available from Lessee's appropriated funds for such Fiscal Period and that appropriations and/or other funds have been encumbered or designated for the payment of all Rent and other payments that shall become due under the Lease in such Fiscal Period. 7. ADDITIONAL PROVISIONS: 8. FISCAL PERIOD: _[Annual] LESSOR AGREES TO LEASE TO LESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN SECTION I.A ABOVE. SUCH LEASE WILL BE GOVERNED BY THE MASTER AGREEMENT AND THIS SCHEDULE, INCLUDING THE IMPORTANT ADDITIONAL TERMS AND CONDITIONS SET FORTH ABOVE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT, THE TERMS OF THIS SCHEDULE SHALL GOVERN. LESSEE HEREBY REPRESENTS AND WARRANTS THAT ON AND AS OF THE DATE HEREOF EACH OF THE REPRESENTATIONS AND WARRANTIES MADE BY LESSEE IN THE MASTER AGREEMENT ARE TRUE, CORRECT AND COMPLETE. LESSEE: LESSOR: HEWLETT-PACKARD FINANCIAL SERVICES COMPANY' By: By: Name and Title Name and Title Date Date 1 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. 2 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Page 9 of 10 Item #1c2~IO-0I-05 Attachment number 1 Page 10 of 10 , , I ~.....~ '.,l II ~ I' . ..... . -,', ~ I . ' , . .~ - _~ I I \ c.- . =-=. j . - ~" - -" :) ;J t.;..r" / '''{ :: ~ ~\ Exhibit B to Master Agreement Master Agreement Number Schedule Number STATE AND LOCAL GOVERNMENT MASTER OPERATING LEASE AGREEMENT ACCEPTANCE CERTIFICATE Hewlett-Packard Financial Services Company' ("Lessor") and , an agency, department or political subdivision of the State of ("Lessee") are parties to the State and Local Government Master Operating Lease Agreement (the "Master Agreement") and Schedule under such Master Agreement (the "Schedule") identified by the Master Agreement Number and Schedule Number, respectively, specified above. The Master Agreement and Schedule together comprise a separate Lease, that is being accepted and commenced pursuant to this Acceptance Certificate. All capitalized terms used in this Acceptance Certificate without definition have the meanings ascribed to them in the Master Agreement. 1. LEASE ACCEPTANCE. Lessee hereby acknowledges that the Equipment described in Section 1 of the Schedule, or if different, the Equipment described in the attached invoice or other attachment hereto, has been delivered to the Equipment Location specified below, inspected by Lessee and found to be in good operating order and condition, and has been unconditionally and irrevocably accepted by Lessee under the Lease evidenced by the Master Agreement and the Schedule as of the Acceptance Date set forth below. Lessee authorizes Lessor to adjust the Rent payments on the Schedule to reflect the Final Invoice Amount set forth on the attached invoice(s) if such amount is different than the Total Cost on the Schedule subject to City of Clearwater Code of Ordinances, Part II, Article VI, Division 3, Sections 2.541 to 2.602. 2. LESSEE ACKNOWLEDGEMENTS. Lessee hereby agrees to faithfully perform all of its obligations under the Master Agreement and the Schedule and reaffirms, as of the date hereof, its representations and warranties as set forth in the Master Agreement. Lessee hereby acknowledges its agreement to pay Lessor Rent payments, as set forth in the Schedule, plus any applicable taxes, together with all other costs, expenses and charges whatsoever which Lessee is required to pay pursuant to the Master Agreement and the Schedule, in each instance at the times, in the manner and under the terms and conditions set forth in the Master Agreement and the Schedule, respectively. 3. EQUIPMENT LOCATION. The Equipment has been installed and is located at the following Equipment Location: 4. REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants that on and as of the date hereof each of the representations and warranties made by Lessee in the Master Agreement are true, correct and complete. [LESSEE] By: Name and Title Acceptance Date: 3 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Page 10 of 10 Item #1c2~IO-01-05 Attachment number 2 InsIgnf PRODUCTS & SERVICES SALES MASTER AGREEMENT RECITALS: "INSIGHT" Insight Public Sector. Inc. 444 Scott Drive Bloomingdale, IL 60108 Attn: Dawn Bielski "CLIENT" City of Clearwater 100 S. Myrtle Avenue, Suite 360 Clearwater, FL 33756 Attn: Dan Mayer (including its Affiliates listed on Schedule 1) This Products & Services Sales Master Agreement (the "Agreement") is between Insight, an Illinois corporation, and Client, a Florida public entity, (singly, "Party" or collectively, "the Parties"). This Agreement takes effect on the date last signed below (the "Effective Date"). GENERAL TERMS AND CONDITIONS: 1. Purpose. Insight agrees to provide to Client and its Affiliates, as defined and identified in this Agreement, the computer hardware, equipment, software and its related maintenance and support, and peripherals ("Product" or "Products") set forth in any Purchase Order ("PO") and/or the computer related services ("Services") set forth in any Statement of Work ("SOW"), each as may be issued by Client or Client Affiliate and accepted by Insight from time to time. 1.1 Conflicting Terms. Each PO or SOW issued must specifically reference this Agreement. Any PO or SOW is subject to the terms and conditions of this Agreement whether or not referenced on the PO or SOW. If there is any ambiguity or conflict between the terms and conditions of this Agreement and those of any PO, SOW or other document, the terms and conditions of this Agreement shall govern, unless the modified term of the Agreement is specifically referenced and mutually agreed upon in writing under the SOW or PO. Such modification shall be applicable exclusively to that SOW or PO unless the Agreement is amended accordingly. 1.2 Affiliates. "Affiliate" means any entity that directly or indirectly, controls, is controlled by, or is under common control of or with a Party to this Agreement. "Control" means having 50% or more of the outstanding equity interests or having, by contract or otherwise, the right and ability to direct management and policies. Client Affiliates, if any, are listed on Schedule 1, attached and made part of this Agreement. Client shall be responsible for promptly notifying Insight of any additions or deletions to that Schedule. Client's Affiliates may execute PO's or SOW's in accordance with the terms and conditions of this Agreement. If a Client Affiliate executes a PO or SOW, such Affiliate shall be considered a "Party" as such term is used here and shall be subject to the same terms and conditions under this Agreement as the Client. Any such PO or SOW shall be deemed to be a two-party agreement between Insight and the Client Affiliate. Each Client Affiliate shall be subject to Insight's written credit approval. 2. Term. The first term of this Agreement begins on the Effective Date and continues for a period of three years ("Initial Term"). This Agreement may be renewed subject to written notice of agreement from the City and Insight, for an additional 3 year period, unless either Party provides written notice of its decision not to renew to the other Party at least 30 days before the expiration of the Initial Term or the then current Term, or unless it is otherwise terminated in accordance with Section 13. I INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 2 of 49 3. Pricin2:/Pavment. 3.1 Pricing. The prices charged for Products are set forth in Exhibit D attached. Prices for Services will be mutually agreed upon and set forth in a SOW similar in form to that of attached Exhibit A. Proposed Services are included in Exhibit B. All PO's shall be binding on the Parties at the prices mutually agreed upon. All prices are exclusive of taxes, duties, shipping and handling charges. A handling fee may apply when ordering special, non-standard Product(s). The prices charged for Products in addition to those set forth in Exhibit C will be set forth in a PO. The prices charged for such Products shall be those prices in effect at the time of acceptance of the order. 3.2 Invoicing/Payment. Product will be invoiced on the date of shipment. Services will be invoiced on the date performance is completed or as otherwise specified in any mutually agreed upon SOW. Client must pay all invoices in full within 45 days of recipt of invoice. All payments must reference the invoice number. 3.2.1 Billing Instructions. Unless otherwise specified, all invoices shall be paid by wire transfer or ACH transaction in the currency of the invoice as follows: Insight 36-3948996 JP Morgan Chase 201 N. Central Avenue, AZI-1l75 Phoenix, AZ 85004 USA ABA Routing Number: 122 100024 Account Number: 01776871 Company Contact: Luis Mendez Company Contact E-mail: ach@insight.com Company Contact Phone: 480-333-3000 X 2503 Company: Taxpayer ID: Bank Name: Bank Address: 3.2.2 Credit/Late Payment. Any PO or SOW issued is subject to credit approval by Insight. Client shall furnish to Insight all financial information reasonably requested by Insight from time to time for the purpose of establishing or continuing Client's credit limit. Insight retains the right to decline to extend credit and to require that the applicable purchase price be paid prior to shipment or performance of Services based on changes in Insight's credit policies or Client's financial condition and/or payment record. Insight reserves the right to charge interest of up to 1.0% per month (or such lesser rate permitted by law) for any undisputed past due invoices. Client is responsible for all costs of collection, including reasonable attorneys' fees, for any payment default on undisputed invoices. In addition, Insight may terminate all further work under any outstanding SOW or PO if payment is not received in a timely manner. 3.3 Taxes. Federal, state and local sales, use and excise taxes and all similar taxes and duties, (excluding taxes based on Insight's income, assets or net worth), are the sole responsibility of Client and will be separately itemized on the invoice. Client may provide Insight a tax exemption certificate, which will be subject to review and acceptance by Insight. 4. Product. 4.1 Software Licenses. All software is provided subject to the accompanying license agreement. For all shrink-wrap software products, Client agrees that it will be bound by the license agreement that is part of the package once the package is opened or its seal is broken. For all other software products, including software that is purchased, obtained electronically and/or considered part of the Product, Client agrees that it will be bound by the license agreement governing the use of such software. Client assumes all responsibility for compliance with the terms of all volume licensing 2 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 3 of 49 agreements relating to software purchased hereunder and understands that it is responsible for the proper deployment, tracking, use and record keeping of such licenses. 4.2 Delivery. Products will be shipped to the Client designated destination F.O.B. Origin (Insight's facility or the facilities of any ofInsight supplier), freight prepaid and charged back. Separate charges for shipping and handling will be shown on Client invoice(s). Title and risk ofloss or damage to Products passes to Client when the Products are delivered to carrier at Insight's or its supplier's dock. Shipping instructions and other pertinent delivery information must be included in any PO issued in accordance with this Agreement. Product availability is subj ect to change without notice. Insight will use commercially reasonable efforts to meet requested delivery times but is not responsible for delays caused by acts beyond its reasonable control, including without limitation, any failure of the transportation carrier to meet the delivery schedule. 4.3 Acceptance. Products will be deemed accepted 5 days after receipt by Client in the case of order discrepancies or damaged Product but in no event later than 21 days after the date of invoice. 4.4 Return Policy (Non-Defective Products). Not all Products are eligible for return. Insight's Return Policy and the terms and conditions applicable to all returns are set forth on Insight's website located at www.ips.insight.com.whichisincorporatedbyreference.Insightmay.atits sole option, revise this policy from time to time and post the revised terms on its website. Terms in effect at the time of purchase shall apply to any requested returns. Client specifically agrees that Insight's Return Policy terms and conditions supersede and replace any conflicting or inconsistent terms or conditions in any PO or SOW. Insight reserves the right to authorize Product returns beyond the guidelines set forth on Insight's web site upon prior written confirmation. 5. Services. During the Term of this Agreement, Insight agrees to provide Services required by and described in any SOW mutually agreed upon and executed in writing by both Parties. The SOW shall be appended to and become part of this Agreement. An example of the format for each SOW is attached as Exhibit A. Insight will rely on the specific instruction, information and/or other software or product provided by Client. Client is solely responsible for acquiring and maintaining valid software licenses for each Product and all software authorized and procured by Insight for Client or installed on Client's machines by Insight. The Parties will work diligently to reach a mutually acceptable performance schedule in accordance with Client's schedule, business needs and Product availability. The scope of the work to be performed and the schedule of performance will be tentative until confirmed in writing by both Parties in the applicable SOW. Insight is not responsible for default or delays caused by Client's failure to provide accurate instructions, information, access to facilities or suitable product or application environment. 5.1 Acceptance. Services will be deemed accepted upon completion or as otherwise identified in the relevant SOW. 5.2 Intellectual Property Rights. Insight retains all right, title and interest in any pre-existing intellectual property that is owned by Insight ("Insight IP") and may be used in carrying out the Services or developed or created solely by Insight, including any modifications or improvements made to Insight IP during or as a result of the Services to be performed under this Agreement. Except for Insight IP and upon payment in full of all amounts due Insight, all documents, drawings, specifications, information, patents, patent applications, inventions, developments or processes or any copyrightable material originated and developed by Insight specifically for Client as part of the Services to be performed under this Agreement ("Work Product") shall be owned by Client. Insight hereby grants Client a worldwide, non-exclusive, royalty-free, perpetual, without the right of sublicense, license to use Insight IP in the course of Client's internal, business operations. 3 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 4 of 49 5.3 Travel Expenses. Insight shall be entitled to reimbursement from Client for documented travel and lodging expenses that are reasonably incurred and necessary for Insight's performance of the Services. All expenses for reimbursement will be subject to Client's prior written approval. 6. Warranties 6.1 Limited Warranty. Insight represents and warrants that: 6.1.1 It has the full power and authority to enter into this Agreement; 6.1.2 It has all other rights necessary for the performance of its obligations under this Agreement, without violating any rights of any other party; 6.1.3 PRODUCTS NOT MANUFACTURED OR PUBLISHED BY INSIGHT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND BY INSIGHT, EITHER EXPRESS OR IMPLIED. Insight shall pass through to Client, to the extent available, any manufacturer's/publisher's written warranties associated with the Products purchased from Insight. Client must look to the manufacturer or publisher of the Product for any recovery and will hold Insight harmless from any claim of breach of a third party warranty; 6.1.4 Services performed by Insight will (i) be performed in a timely, competent, professional and workmanlike manner, (ii) conform to standards generally observed in the industry for similar services at the time of completion, or to the written specifications for such time period as may be indicated in any accepted SOW, and (iii) be in compliance with all laws, rules and regulations applicable to Insight's performance under this Agreement; 6.1.5 When title passes to Client the Products will be free and clear of all liens and encumbrances; and 6.1.6 The use of Work Product shall not infringe on any U.S. patents, copyrights, trademarks, or trade secrets of any third party. 6.2 Warranty Disclaimer. THE EXPRESS WARRANTIES IN SECTION 6.1 ARE IN LIEU OF, AND INSIGHT EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. No agent or employee ofInsight or any other party is authorized to make any warranty in addition to those made in Section 6.1. Insight will have no obligation with respect to any warranty claim if the claim is the result of damage caused by unauthorized modification, or any abuse or misuse by Client or any third party not performing under the direction of Insight, or damage caused by disaster such as fire, flood, wind or lightning. 6.3 Remedies. THE FOLLOWING ARE THE PARTIES' RESPECTIVE SOLE AND EXCLUSIVE OBLIGATIONS, AND SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO ANY ACTION FOR BREACH OF LIMITED WARRANTY. 6.3.1 Products. Client's remedy for nonconforming Products shall be, at Insight's option, the replacement or repair of Products in accordance with the manufacturer's or publisher's policies. 6.3.2 Services. Client's remedy for non-conforming Services discovered upon completion or during the warranty period shall be the re-performance of any deficient Services at Insight's option and expense. If Insight is unable to remedy any deficient Services within 30 days of notice or such additional time as may be agreed upon by the Parties, Insight will refund any 4 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 5 of 49 fees paid for the specific non-conforming Services. No re-performance shall extend any warranty period. 6.3.3 IP Infringement. If Client's use ofW ork Product delivered under this Agreement is, or is likely to be, enjoined due to a third party Claim of infringement or misappropriation, Insight will, at its expense, (i) procure for Client the right to continue using the Work Product, or (iii) replace or modify the Work Product to make it non-infringing. If neither of the foregoing alternatives are commercially reasonable, Insight shall refund any fees paid for the infringing Work Product. 7. Nature of Relationship. The Parties are and shall be independent contractors to one another. This Agreement does not and is not intended to create an agency, joint venture or partnership between the Parties. Neither Party may make any commitments for or create any obligations on behalf of the other Party without that Party's prior written consent. Insight has sole responsibility for the direction of its employees and has the right to fire, hire, suspend, layoff, transfer or reassign employees at will without the consent of Client. 8. Confidentiality (Complete Provision for Contract). Both Insight and Client will maintain in confidence and safeguard all confidential information, as defined in this paragraph or any applicable SOW, of the other party, its affiliates, and its customers. "Confidential Information" means any information that is marked or otherwise identified as confidential or proprietary at the time of disclosure and includes, but is not limited to, trade secrets, know-how, inventions, techniques, data, customer lists, personally identifiable health information, financial information, sales and marketing plans of the other party, its affiliates, or its customers. Both parties recognize and acknowledge the confidential and proprietary nature of any Confidential Information and acknowledge the irreparable harm that could result if such Confidential Information is disclosed to a third party or used for unauthorized purposes. Each party agrees to use any Confidential Information only for the purpose of conducting business with each other and their clients in the manner contemplated by this Agreement. Both Insight and Client will restrict disclosures of any Confidential Information to only those personnel who have a need to know and will bind such personnel to obligations of confidentiality to the same extent that each party is bound by this Agreement or any SOW. Upon request ofInsight or Client, the other party will promptly return all materials incorporating any such Confidential Information and any copies to the owner of such Confidential Information. The obligations under this paragraph do not apply to information that: (i) is or becomes generally known or in the public domain through no act or omission of the other party; (ii) was lawfully in Insight's or Client's possession without restriction as to use or disclosure before its receipt from the other party; (iii) is received from, or was made available to, a third party without any obligation of confidentiality; (iv) was independently developed by the other party; (v) is otherwise permitted to be disclosed under this Agreement; or (vi) is disclosed with the prior written consent of the disclosing party. 9. Indemnification. 9.1 General. Each Party will indemnify, defend and hold harmless the other Party, its officers, directors, employees, agents and Affiliates from and against any claims, demands, loss, damage or expense, including reasonable attorney fees, (collectively, "Claims") relating to bodily injury or death of any person or damage to tangible personal property to the extent proximately caused by the gross negligence or willful acts or omissions of the indemnifying party, its officers, directors, employees, agents and Affiliates in performance of Services under this Agreement. 9.2 Infringement. Insight will indemnify and defend Client, its officers, directors, employees, agents and Affiliates from and against any Claims that any Work Product, as defined under this Agreement, infringes any U.S. patent, copyright, trademark, or trade secret of any third party. Insight will pay all damages, costs, and expenses finally awarded to third parties against Client in such action or agreed to in settlement. Insight will not be liable for any infringement claim if (i) the Work Product was created in accordance with Client's sole design or specifications, (ii) Client continues 5 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 6 of 49 using the Work Product after receiving notice from Insight to discontinue use, (iii) Client altered the Work Product, or (iv) Client used the Work Product in combination with any other product, program or data not authorized by Insight or its agent, and such infringement claim would not have occurred absent such combination. 9.3 Procedures. In the event that any Claim is made or suit is commenced against a Party or other entity entitled to indemnity under this Section (an "Indemnified Party"), the Indemnified Party shall: (i) give prompt written notice of such claim or suit to the party that has an indemnity obligation under this Section (the "Indemnifying Party"); and (ii) provide reasonable assistance and cooperation in the defense and settlement of any Claim or legal proceeding. Notwithstanding the foregoing, if the Indemnifying Party fails to assume its obligation to defend, the Indemnified Party may do so to protect its interests and seek reimbursement from the Indemnifying Party. 10 Limitation of Liabilitv. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF INCOME, PROFITS, DATA, OPERATIONAL EFFICIENCY, USE OR INFORMATION, BUT EXCLUSING DAMAGES FOR BODILY INJURY) ARISING UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION OR THEORY OF RELIEF, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR CLAIMS OF NON-PAYMENT, BREACH OF CONFIDENTIALITY OR THE OBLIGATION TO INDEMNIFY, THE AMOUNT OF DIRECT DAMAGES RECOVERABLE FROM A PARTY UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL MONEY PAID OR TO BE PAID BY CLIENT DURING THE THREE-MONTH PERIOD IMMEDIA TEL Y PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS CUMULATIVE AND NOT PER INCIDENT. NO ACTION, WHETHER FOR INDEMNIFICATION OR OTHERWISE, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT, MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE DAMAGE, LOSS OR EXPENSE OCCURRED, EXCEPT THAT AN ACTION FOR NON-PAYMENT MAY BE BROUGHT WITHIN ONE YEAR AFTER THE DATE OF LAST PAYMENT. 11 Security/Backup. Client is responsible for the security of its network, including the backup and other protection of its system and data, against loss, damage or destruction by third parties. Insight will not be liable for any damages resulting from security breaches of Client's network or data, except to the extent caused by Insight's sole negligence or willful acts or omissions. This disclaimer is in addition to, and not instead of, any other disclaimers and limitation of liability in this Agreement. 12 Insurance. Each Party will carry adequate insurance coverage to provide: 12.1 General Liability Insurance. Commercial general liability insurance with limits not less than $1,000,000 each occurrence for bodily injury or property damage and $2,000,000 in the aggregate. 12.2 Workers Compensation Insurance. Workers Compensation insurance as required by applicable state law, including Employer's Liability with limits not less than $1,000,000 each accident. 12.3 Automobile Insurance. Automobile insurance covering all owned, leased, non-owned and hired vehicles used in the performance of this Agreement, with limits not less than $1,000,000 combined single limit for bodily injury and property damage, including no-fault insurance, where applicable. 13. Termination. 13.1 Without Cause. Either Party may terminate this Agreement without cause upon 60 day's prior written notice to the other Party. 6 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 7 of 49 13.2 For Cause. Without prejudice to other rights or remedies, either Party may terminate this Agreement immediately if the other Party breaches any of the material terms or conditions of this Agreement and such breach remains unremedied for 30 calendar days after receipt of the written notice of such breach. Further, either Party may terminate this Agreement effective upon notice, if the other Party: (i) becomes insolvent; (ii) enters bankruptcy, reorganization, or other similar proceedings under applicable laws, whether voluntary or involuntary; (iii) admits in writing its inability to pay debts; or (iv) makes or attempts to make an assignment for the benefit of creditors. 13.3 Effect. Termination of this Agreement shall not affect outstanding orders placed by the participants prior to the effective date of such termination, provided such termination is not due to default for non-payment. Termination does not relieve Client's duty to pay for Products already shipped, specially ordered, discontinued or otherwise not subject to return; and for Services performed; or expenses incurred, in accordance with this Agreement. 14 Miscellaneous. 14.1 Entire Agreement. This Agreement, together with all attached exhibits, amendments and addenda, forms the entire agreement between the Parties relating to the Products and Services to be provided by Insight to Client and supersedes any prior representations or agreements, oral or written, and all other communications between the Parties relating to the subject matter of this Agreement. 14.2 Governing Law. This Agreement will be governed by the substantive laws of the state of Florida without giving effect to any choice oflaw rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. 14.3 Assignment. No other assignments will be allowed under this Agreement without the prior written consent of the other Party, which consent must not be unreasonably withheld, delayed or conditioned upon the payment of money, other than sums already owing. 14.4 Notices. Any notice required or permitted to be given must be in writing and is considered received: 1) when personally delivered; 2) one business day after having been sent by overnight mail via a professional carrier; or 3) when sent via facsimile or electronic mail, receipt confirmed, with an original document placed in the mail within 5 business days of the date of that facsimile or electronic mail. All business communications must be sent to the addresses set forth below or to other persons or addresses as either Party designates in writing to the other. Legal notices must be sent with a copy for Insight addressed to: Insight Public Sector, Inc. 444 Scott Drive Bloomingdale, IL 60108 Attn: Dawn Bielski, Contracts Manager With Copy To: Insight Enterprises, Inc. 1305 West Auto Drive Tempe, AZ 85284 Attn: Legal Department Legal notices must be sent with a copy for Client addressed to: City of Clearwater With Copy To: City of Clearwater Information Technology Dept. Official Records & Legislative Svcs. 100 South Myrtle Avenue, Suite 360 112 South Osceola Avenue Clearwater, FL 33756 Clearwater, FL 33756 Attn: Dan Mayer, Director Attn: Cyndie Goudeau, City Clerk 14.5 Goods Purchased for Export. If Product purchased under this Agreement or any PO or SOW is intended for export, it may be subject to U.S. Commerce or State Department export regulations and alter or void the manufacturer's product warranty. Client acknowledges this possibility and agrees to fully comply with all export regulations, including obtaining export licenses. Client represents and warrants that no technical data furnished under this Agreement will be exported from the United States except in compliance with all requirements of the International Traffic in Arms 7 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 8 of 49 Regulations (ITAR) and Export Administration Regulations (EAR). Client shall indemnify Insight for any claims, losses, costs, liability and charges, including reasonable legal fees, incurred by Insight as a result of Client's breach of this provision. 14.6 Non-Solicitation & Non-Hire. Both Parties agree that, during the entire term of this Agreement and for a one-year period after the termination or expiration of this Agreement, neither Party will directly or indirectly solicit, offer employment or hire any current or former employee or consultant of the other Party who was directly involved in the performance of this Agreement. This provision does not restrict the right of either Party to solicit or recruit generally in the media and does not prohibit either Party from hiring an employee of the other who answers any advertisement or who otherwise voluntarily applies for hire without having been initially personally solicited or recruited by the hiring Party. 14.7 General. Any subsequent additions, deletions or modifications to this Agreement are not binding unless agreed upon in writing by authorized representatives of both Parties. If any part ofthis Agreement is for any reason found to be invalid, illegal or unenforceable, all other parts will still remain in effect. A delay or failure to exercise or partially exercise any right under this Agreement does not operate as a waiver, nor will it preclude future exercise of that right or permit, or sanction any subsequent breach of any term or condition. Insight may subcontract any or all of its obligations hereunder to one or more qualified parties with Client's prior consent, unless otherwise restricted in any SOW. Neither Party will be liable for any delays in the performance of this Agreement due to circumstances beyond its control, including but not limited to acts of nature, acts of government, national emergencies, acts of terrorism, transportation delays, labor disturbances, work stoppages or material shortages. The provisions of this Agreement, which by sense and content are intended to survive, including but not limited to the sections related to payment, warranties, remedies, indemnification, confidentiality and limits of liability, will survive the expiration or termination of this Agreement. The headings in this Agreement are for reference purposes only and may not be construed as being part of this Agreement. This Agreement may be executed in one or more counterparts, each of which will be considered an original, but which altogether constitute the same instrument. Agreement to, and acceptance of, this Agreement may be made by facsimile signature or in an electronic form showing the signatures of both Parties. The remainder of this page is intentionally blank. 8 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 9 of 49 AGREED TO AND SIGNED by authorized representatives of each of the Parties on the dates indicated below. INSIGHT By: Name: Its: Date: Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne II City Manager Approved as to form: Attest: (Assistant) City Attorney Cynthia E. Goudeau City Clerk 9 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 10 of 49 SCHEDULE 1 CLIENT AFFILIATES 10 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 11 of 49 EXHIBIT A Insight [PROJECT TITLE HEREl I. PARTIES: "INSIGHT" "CLIENT" Insight Direct USA, Inc. [Insight Address] [City, State, Zip] Attn: [insert name] [Other Party, USE FULL NAME] [Other Party Address] [City, State, Zip] Attn: [insert name] II. SOURCE OF FUNDING (if applicable): PO # III. ENTIRE AGREEMENT. This Statement of Work ("SOW") is subject to the Products & Services Master Sales Agreement between Insight and Client and its Affiliates, dated,20__, (the "Agreement"). This SOW, including the Agreement and all documents either attached or incorporated by reference, make up the entire agreement with respect to the subject matter in this SOW. Terms not defined in this SOW have the meaning attributed to them in the Agreement unless otherwise specified in this SOW. IV. SCOPE OF SERVICES. Insight is pleased to offer the following services ("Services") under the terms and conditions of this Statement of Work (SOW). A. Service Description. Insight will implement a solution at Client's location involving the configuration and installation of the following equipment: The following phases will be executed to deliver a functional solution: Phase I: Discovery and PlanninQ. Tasks: Phase II: DesiQn Tasks: Phase III: Hardware StaQinQ and Pre-confiQuration Tasks: Phase IV: On-site Deployment Tasks: Phase V: TraininQ Tasks: Phase VI: Go-Live and Post-MiQration Support Tasks: B. Insight's Responsibilities. Insight will provide all necessary labor, supervision, maintenance, consultation, materials, and tools to perform the Services and provide the Deliverables described in this SOW. For purposes of this SOW, "Deliverables" means any materials produced in the course of performing Services listed or specifically required to be delivered to Client under this SOW. C. Client's Responsibilities. Client will provide the project team with the necessary workspace and equipment, as well as timely access to internal experts for critical information. D. Deliverables. E. Acceptance Criteria. F. Service Warranty. G. Resource Team: Project Sponsor, Client - [Enter Project Sponsor's full name.] 11 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 12 of 49 Support Resources, Client - [Enter names of Client's support resources.] Resource/Project Manager, Insight - [Enter LOB or Project Manager name.] Director of Services, Insight - [Enter Regional Director's name.] Solutions Sales Executive, Insight - [Enter Solutions Sales Executive's name.] Account Executive, Insight - [Enter the Account Executive's full name.] SOW Prepared by - [Enter primary author's name.] H. Change of Scope Procedure. If an alteration to the scope of work in this SOW, including Deliverables, milestones and related pricing, is identified by either Party, it shall be brought to the attention of the other Party's management by completing and submitting a Change Request Form, which is incorporated into this SOW as Attachment 1. Each Party's respective management will review the form to determine whether a modification to the scope is necessary and what effect the implementation of such change may have on the Project. If any such change causes an increase or decrease in the cost or time required for performance of the work, the price and/or delivery schedule shall be equitably adjusted and identified within the Change Request Form. Estimated turn around time for such determination is 5 calendar days. If both Parties mutually agree to implement the change in scope, the Change Request Form will be incorporated into the SOW as an addendum when signed by authorized representatives of both Parties. If either Party rejects a request for a change in scope or if the Parties cannot agree on an adjustment, Insight shall proceed to fulfill its obligations in accordance with this SOW as previously agreed upon. V. SCHEDULE. Project start date will be determined upon receipt of this signed SOW and a valid Purchase Order (PO). A minimum lead time of 10 business days from date of SOW signature is required for scheduling purposes. A. Estimated Completion. The Project's duration will be approximately A. Milestones. Insight will use commercially reasonable efforts to meet the Completion Dates set forth below: PROJECT MILESTONE COMPLETION DATE VI. PRICING. A. Fixed Price. As consideration to Insight for performance of the Services, including all costs incurred in connection with the Services and Insight's other obligations under this SOW, Client shall pay Insight the total fixed price of $ . The total amount paid to Insight will not exceed the total fixed price without the prior written approval of Client. Prices exclude taxes of any kind. A. Time and Materials. Client will compensate Insight for performance of the Services on a time and materials basis in accordance with following: 1. Personnel Rates. Personnel Rates are based on fixed composite personnel rates* for all actual time Insight's personnel are directly engaged in the performance of the Services. Classification Straiqht Time Rate/Hour $ $ $ Overtime Rate/Hour** $ $ $ Materials $ $ $ *Fixed composite personnel rates shall include all (a) payroll costs; (b) fringe benefits; (c) payroll and all other taxes; (d) insurance costs; (e) indirect and overhead burden and 12 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 13 of 49 administrative support services, such as legal, accounting, secretarial and clerical; (f) other non- reimbursable direct expenses; and (g) profit. **Overtime premium shall be unburdened. VII. SPECIAL TERMS AND CONDITIONS: A. Project Kickoff. A project kickoff meeting will be held to discuss network design, discover any possible problems/risks, and formulate an appropriate plan (including a firm engagement schedule and downtimes). B. Business Hours. Work will be performed during normal business hours unless otherwise mutually agreed upon. Normal business hours are defined as Monday through Friday, 8 am - 5 pm. Any work completed outside of normal hours will be billed at the Overtime rates listed above. C. Project/Milestone Acceptance Form. Upon completion and acceptance of the total project and/or a milestone under this SOW, Client will execute a Project/Milestone Acceptance Form, Attachment 2. D. Reference. Upon successful completion of the engagement, and at the discretion of Client, Insight may use the Project as a Reference for external purposes. This may include verbal endorsements, printed advertisements, and other marketing references to prospective customers and third parties. Any reference activity will be mutually agreed upon in writing by Insight and Client. E. Case Study. Upon successful completion of the engagement, and at the discretion of Client, Insight may ask Client to serve as an account case study for Insight. If Client agrees, Client will execute a marketing release for publication of non-confidential aspects of the Project (to be reviewed in advanced by Client), in conjunction with Client's name. F. Payment Invoicing for Services under Section 3.2 of the Agreement is expressly modified as follows: BY SIGNING BELOW, THE UNDERSIGNED AGREE THEY ARE BOUND BY THE TERMS OF THIS SOW AND THE AGREEMENT. INSIGHT CLIENT By: By: Authorized Representative Authorized Representative Print Name: Print Name: Title: Title: Date: Date: 13 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 14 of 49 ATTACHMENT 1 to EXHIBIT A Insight CHANGE REQUEST FORM Client Original Project Name Project ID: Insight Manager Insight Consultant Request Date Purchase Order to Apply to Changes: Original Scope Task Reason for Change Description of Change Impact of Change Project Schedule Project Pricing Quality Plan Other Plan Required Deliverables D Statement of Work D Subcontract Agreement D Project Plan D Quality Plan D Project Schedule D Other Signatures Insight I I I D Approved VPlDirector Date D Rejected Print Name: I Title: I I I D Approved Client Date D Rejected Print Name: I Title: 14 INSIGHT PROPRIETARY AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 15 of 49 ATTACHMENT 2 to EXHIBIT A Insight [PROJECT TITLE HEREl I. PARTIES: "INSIGHT" "CLIENT" Insight Direct USA, Inc. [Insight Address] [City, State, Zip] Attn: [insert name] [Other Party, USE FULL NAME] [Other Party Address] [City, State, Zip] Attn: [insert name] II. STATEMENT OF WORK NUMBER [Insert SOW #] III. SOURCE OF FUNDING (if applicable): PO # IV. DELIVERABLE STATUS. Deliverable/Phase Completed Date Completed Completed By V. ACCEPTANCE Deliverable/Phase Completed In conformance If no, describe deficiency. with specifications? Dyes Dno Dyes Dno Dyes Dno VI. SIGN OFF CLIENT By: Authorized Representative Print Name: Title: Date: 15 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Item # 25 Rev. 01/30/08 Attachment number 2 Page 16 of 49 EXHIBIT B City of Clearwater Field Services Program Management Insight will utilize members of their Project Management Office to work on the set up of the program, management of the resources, administration ofleasing functions, escalation and change management, coordination/scheduling, reporting/measurements (included asset reporting), and close out. For this engagement a Program Manager and Project Coordinator would be assigned to perform the primary activities and serve as the single point of contact to the City of Clearwater stake holders. Fig. 1- Insight's Lifecycle Offerings with support model Central Services and Shared Services PMO and Pro2"ram Mana{!"ement I Procurement SV!iltems 16 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 17 of 49 EXHIBIT B Fig. 2 - Insight's approach to programs which include a project start through a distinct transition on into an iterative cycle of activities. PC Predeployment Predeployment includes the procurement administration, scheduling, integration/testing, and logistical activities. Integration will be performed within Insight's ISO Advanced Integration Labs in Chicago, IL. These labs offer economies of scale that lower costs but offer high ISO standards not achievable on-site. The City of Clearwater would be expected to develop the initial image and any modifications thereafter. In addition, all documentation or other materials necessary for the labs to successfully utilize the image. Activities The City of Clearwater will submit orders to Insight's order management system via the Insight provided web portal. *For large refresh batches, the portal may be skipped and a project based approach taken using Insight's proj ect coordinator to compile the orders and scheduling in bulk. Insight/HP will assemble the hardware (if applicable). Apply asset tags that are supplied by the City of Clearwater. Complete a load of the client supplied image, including typical settings and parameters Asset information will be collected (serial number, model, and asset tag) Insight/HP will complete standardized quality assurance tests on the hardware and image. Insight/HP will label the box with shipping information Insight/HP will include client maintained and supplied documents, CDs, cables, or other small items in the pc box if desired. Equipment will be shipped to the local Insight location and then arrive with the local field engineer by the 17 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 18 of 49 EXHIBIT B date requested in the order. Reporting Insight will track and provide the City of Clearwater a monthly report from the Insight/HP order management system of the number of pre deployments performed. PC Deployment/Installations New PC deployments will be handled by Insight's Implementation/Field Services Teams. Based on the installation schedule from Insight's PMO, the engineers will be handling single to multiple deployments on-site. Each engineer understands the key performance indicators oflow user impact, SLA, and client satisfaction. Based on volume, Insight may engage a service partner to augment the deployment team from time to time. Activities Take delivery of the systems, preloaded with the City of Clearwater developed image, in their storage location. Schedule with the user for deployment time. Coordinate technician to that schedule. Deliver equipment to the location - deliver inside to storage location or desk side, as applicable. Un-pack equipment, install and boot-up. Validate the image for functionality. Log user in and install up to one additional standard COTS (commercial off the shelf) software application that may not have been loaded in the AIL, either manually or by using the City of Clearwater's software distribution application when applicable. Additional applications may be loaded for $19 per application. Copy the contents of the user's directory from a file server to the designated location on the PC (i.e. MyDocuments or a "Data Directory or Folder). **The end-user must complete the consolidation of data to a single directory prior to the arrival of the installer technician. End user is responsible for backing up of all data. Reformat the hard drive of the old system using the f-disk function or equivalent. Disconnect components and cabling of the old system (network, peripherals, power). Box de-installed system using material from new system. Move de-installed system to a designated location for return shipping. Complete installation/de-installation paperwork with end-user and offer a short orientation to the new system. Reporting Insight will track and provide the City a monthly report from Insight's order management system of the number of Deployments performed. Hardware (Warranty) Break fix Insight will manage the warranty break fix effort on all equipment deployed under the Insight program for 3 years. The team work of our PMO and Field Engineer will facilitate warranty calls, ensure the successful repair is performed, coordinate a spare/loaner for business functionality in the event the repair will exceed NBD, manage escalation, and offer reporting. Insight will elevate hardware issues involving data (i.e. hard drive failure) that will require City of Clearwater to address. Activities City of Clearwater will perform level 1 troubleshooting and create a ticket to engage Insight. 18 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 19 of 49 EXHIBIT B Insight will coordinate repair through the manufacturer warranty repair program. Manufacturer warranty terms & conditions apply. If determined, Insight will issue a loaner to restore business functionality in the event the issue will not resolve NBD. If the incident impacts asset management information (i.e. replacement of whole unit, change user, significant change), Insight will work within the City of Clearwater's change management system to announce the asset info change. Insight/HP is dedicated to providing its customers with the best overall experience. Our customer loyalty objective is to provide products, services, and solutions of the highest quality and the greatest possible value to our customers, thereby gaining and retaining their respect and loyalty. Insight/HP takes extensive precautions to ensure that quality of products and their component parts are a top priority. Before leaving our factory for delivery to our customers, every HP product must pass a daunting array of tests and audits. We passionately strive for zero manufacturing defects to make sure our products run flawlessly right out of the box. To minimize defects, products must pass the following checkpoints during the production process: * Manufacturing Process-l 00 percent Testing and Run-In of each unit is included as part of the manufacturing process. We subject every product, without exception, to tests of printed circuits, unit pretest and system verification. * Final Verification Audits-Quality auditors in all factories conduct 100 percent in-line assembly audits of the product to inspect workmanship and ensure process compliance. * Product Integrity Audits-According to the designated sampling plan, our products undergo tests from the end-user perspective to identify and correct any hardware/software interaction issue. Beyond the manufacturing quality and audit process, HP products are backed by the full force of Insight & HP's global Services organizations to address any problem that should arise quickly and effectively for the life of the product. Supporting Post-installation Product Recalls After the installation ofHP hardware, products are tracked via hardware serial number. The unit's serial number cross-references the location, configuration, and installation date of the system. In the event of a mandatory update or product recall, HP utilizes a variety of methods to communicate. A customer advisory would be created to document the situation and the actions to be taken. This advisory would be distributed in hard copy form but would also be sent electronically thru a variety of services. Any such actions would also be communicated to the State proactively by the field account team. Insight/HP PC Product Hardware Warranty Service HP's warranty service covers all labor and materials needed to repair and/or replace any defective hardware. It also includes: * Hardware failure screening, diagnostics, and fault isolation * Extensive coverage area for the Cities locations * Access to a network of qualified service providers * Telephone technical support and access to HP's online technical support tools and resources, available 24 hours a day, 7 days a week in the US and most intemationallocations Note: HP Notebook PC portable battery products are protected by a one year warranty. 19 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 20 of 49 EXHIBIT B Service delivery reports are generated from databases created by the call handling system. Every call entered into the system creates a call log for tracking purposes. Reports can include: * * * * * * * * Site number Date and time Number of service calls per site/location Number of calls by option type Open calls Closed calls Response histograms Repair histograms Sorts can be performed on any of the data elements in the call handling system for the purpose of generating a summary report. The summary reports can appear in a variety of formats. Insight/HP have a large network of Authorized Warranty Delivery Partners (A WDP) throughout the State of Florida with trained personnel on staff who carry the HP Accredited Platform Specialist (APS) Certification from HP. The APS certification requires the prerequisite that the technicians have taken and passed the CompTIA A+ exam and is completed by taking and passing the HP APS certification exam. The amount of training varies by technician based on their level of experience and systems supported. Partners may include DecisionOne, BLM, Barrister, or Northrop Grumman. HP has more than 300 A WDP partner locations in the State of Florida, most of these are available to take calls directly and provide warranty services. Many of these partners receive dispatches directly from HP to deliver warranty services on our behalf. Each A WDP partner has at least 1 APS certified technician on staff, with the average being 3. The Insight/HP Escalation Process provides a consistent worldwide support delivery model for solving complex problems quickly and efficiently. This formal, documented process facilitates solution of complex problems by technical resources and is central to the philosophy of world-class support. As a result of this process, The City's technical resources can remain focused on achieving business goals. The delivery model defines triggers for the escalation process, as well as the roles and responsibilities of members of the escalation team. This team provides technical and managerial expertise beyond the standard. Service Benefits * Rapid problem resolution * Improved communication * Realistic expectations * Minimal customer downtime * Increased customer satisfaction * Better customer cost control Service Features * Consistent worldwide problem resolution process * Customer expectation management * Formal action planning process * Specific roles and responsibilities for Escalation team members * Process review based on pre-defined triggers * Active customer participation 20 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 21 of 49 EXHIBIT B Project Sponsor - TBD, The City of Clearwater Program Manager - TBD, Insight, Inc. Director of Services - Mariano Dy-liacco, Insight, Inc. Service Sales Representative - Joe Martinez, Insight, Inc. Account Executive - Steve Storey, Insight, Inc. Pricing: Project Management/Installation/3yr Warranty Management (included in lease) Data migration >5GB T&M $55/hr Additional application load (1 app load included in lease price) $19/application Insight has the capability to provide warranty and services management for all equipment and would welcome the opportunity to negotiate the engagement model upon award. Value Added Services Insight/HP realizes the concerns that you may have while transitioning products from one vendor to another. We understand the productivity and customer satisfaction issues involved with laptops and your end users. Lost productivity time due to equipment failures is not acceptable, and we will work with you to ensure that this does not occur. As an insurance policy to ensure you are supported in case of any problems, Insight/HP will offer a spares pool at no charge. This pool of units can be used in a variety of manners. Examples include: *reduce down time of end users if their unit needs to be repaired *new employee hires for immediate productivity Accessibility Insight/HP are fully committed to providing accessible products and services to meet the needs of people with disabilities or age related limitations. HP has created a dedicated department, the HP Accessibility Program Office, to address the computing needs of people with disabilities. This department was established to coordinate the company's initiatives on product and service accessibility and to accelerate progress in implementing these initiatives. Recycling Insight/HP's computer and printer hardware recycling programs work with specialist vendors who collect and recycle computer products. HP helped develop the technology deployed by their North American recycling vendor at three locations in the United States and Canada. Additional 21 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 22 of 49 EXHIBIT B information on HP's computer and printer hardware recycling services is available at http://www.hp.com/recycle . Design-for-Environment (DfE) HP established the DfE program in 1992. It is an engineering perspective in which the environmentally related characteristics of a product, process or facility are optimized. The Design for Environment program has three priorities: . Energy efficiency - reduce the energy needed to manufacture and use our products. . Materials innovation - reduce the amount of materials used in our products and develop materials that have less environmental impact and more value at end-of-life. . Design for recyclability - design equipment that is easier to upgrade and/or recycle. Free! Online classes Visit the Government and Education Learning center for information on free training that helps government employees get the most out of to day's technology. Visit: http://h30353.www3.hp.com/index.isp?iumpid=in r33 xbu learningcenter stl 1107spot3 Free - Drive Encryption Software on all b-class or higher HP notebooks HP has partnered with Safeboot to create the Drive Encryption Key Recovery Service. This service allows users to backup their encryption keys to a remote location managed by Safe Boot. If the password is lost or forgotten, users can call the service to recover their password. 22 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 23 of 49 EXHIBIT B City of Tallahassee Field Services. Program Management Insight will utilize members of their Project Management Office to work on the set up of the program, management of the resources, administration ofleasing functions, escalation and change management, coordination/scheduling, reporting/measurements (including asset reporting), and close out. For this engagement a Program Manager and Project Coordinator would be assigned to perform the primary activities and serve as the single point of contact to the City of Tallahassee stake holders. Fig. 1- Insight's Lifecycle Offerings with support model Central Services and Shared Services PMO and Provram Management I Procurement SV!iltems 23 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 24 of 49 EXHIBIT B Fig. 2 - Insight's approach to programs which include a project start through a distinct transition on into an iterative cycle of activities. PC Predeployment Predeployment includes the procurement administration, scheduling, integration/testing, and logistical activities. Integration will be performed within Insight's ISO Advanced Integration Labs in Chicago, IL. These labs offer economies of scale that lower costs but offer high ISO standards not achievable on-site. The City of Tallahassee would be expected to develop the initial image and any modifications thereafter. In addition, all documentation or other materials necessary for the labs to successfully utilize the image. Activities The City of Tallahassee will submit orders to Insight's order management system via the Insight provided web portal. *For large refresh batches, the portal may be skipped and a project based approach taken using Insight's proj ect coordinator to compile the orders and scheduling in bulk. Insight/HP will assemble the hardware (if applicable). Apply asset tags that are supplied by the City of Tallahassee. Complete a load of the client supplied image, including typical settings and parameters Asset information will be collected (serial number, model, and asset tag) Insight/HP will complete standardized quality assurance tests on the hardware and image. Insight/HP will label the box with shipping information Insight/HP will include client maintained and supplied documents, CDs, cables, or other small items in the pc box if desired. Equipment will be shipped to the local Insight location and then arrive with the local field engineer by the date requested in the order. 24 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 25 of 49 EXHIBIT B Reporting Insight will track and provide the City of Tallahassee a monthly report from the Insight/HP order management system of the number of pre deployments performed. PC Deployment/Installations New PC deployments will be handled by Insight's Implementation/Field Services Teams. Based on the installation schedule from Insight's PMO, the engineers will be handling single to multiple deployments on-site. Each engineer understands the key performance indicators oflow user impact, SLA, and client satisfaction. Based on volume, Insight may engage a service partner to augment the deployment team from time to time. Activities Take delivery of the systems, preloaded with the City of Tallahassee developed image, in their storage location. Schedule with the user for deployment time. Coordinate technician to that schedule. Deliver equipment to the location - deliver inside to storage location or desk side, as applicable. Un-pack equipment, install and boot-up. Validate the image for functionality. Log user in and install up to one additional standard COTS (commercial off the shelf) software application that may not have been loaded in the AIL, either manually or by using the City of Tallahassee's software distribution application when applicable. Additional applications may be loaded for $19 per application. Copy the contents of the user's directory from a file server to the designated location on the PC (i.e. MyDocuments or a "Data Directory or Folder). 5GB limit, for data migration >5GB aT &M charge will be assessed of $55/hr. **The end-user must complete the consolidation of data to a single directory prior to the arrival of the installer technician. End user is responsible for backing up of all data. Reformat the hard drive of the old system using the f-disk function or equivalent. Disconnect components and cabling of the old system (network, peripherals, power). Box de-installed system using material from new system. Move de-installed system to a designated location for return shipping. Complete installation/de-installation paperwork with end-user and offer a short orientation to the new system. Reporting Insight will track and provide the City a monthly report from Insight's order management system of the number of Deployments performed. Project Sponsor - TBD, The City of Tallahassee Program Manager - Brian Gatke, Insight, Inc. Director of Services - Mariano Dy-liacco, Insight, Inc. Service Sales Representative - Joe Martinez, Insight, Inc. Account Executive - Steve Storey, Insight, Inc. Pricing: Project Management/Installation (included in lease) Data migration >5GB T&M $55/hr 25 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 26 of 49 EXHIBIT B Additional application load (I app load included in base price) $19/application Insight has the capability to provide warranty and services management for all equipment and would welcome the opportunity to negotiate the engagement model upon award. Value Added Services Insight/HP realizes the concerns that you may have while transitioning products from one vendor to another. We understand the productivity and customer satisfaction issues involved with laptops and your end users. Lost productivity time due to equipment failures is not acceptable, and we will work with you to ensure that this does not occur. As an insurance policy to ensure you are supported in case of any problems, Insight/HP will offer a spares pool at no charge. This pool of units can be used in a variety of manners. Examples include: *reduce down time of end users if their unit needs to be repaired *new employee hires for immediate productivity Accessibility Insight/HP are fully committed to providing accessible products and services to meet the needs of people with disabilities or age related limitations. HP has created a dedicated department, the HP Accessibility Program Office, to address the computing needs of people with disabilities. This department was established to coordinate the company's initiatives on product and service accessibility and to accelerate progress in implementing these initiatives. Recycling Insight/HP's computer and printer hardware recycling programs work with specialist vendors who collect and recycle computer products. HP helped develop the technology deployed by their North American recycling vendor at three locations in the United States and Canada. Additional information on HP's computer and printer hardware recycling services is available at http://www.hp.com/recycle . Design-for-Environment (DfE) HP established the DfE program in 1992. It is an engineering perspective in which the environmentally related characteristics of a product, process or facility are optimized. The Design for Environment program has three priorities: . Energy efficiency - reduce the energy needed to manufacture and use our products. . Materials innovation - reduce the amount of materials used in our products and develop materials that have less environmental impact and more value at end-of-life. . Design for recyclability - design equipment that is easier to upgrade and/or recycle. Free! Online classes Visit the Government and Education Learning center for information on free training that helps government employees get the most out of to day's technology. Visit: http://h30353.www3.hp.com/index.isp?iumpid=in r33 xbu learningcenter stl 1107spot3 Free - Drive Encryption Software on all b-class or higher HP notebooks HP has partnered with Safeboot to create the Drive Encryption Key Recovery Service. This service allows users to backup their encryption keys to a remote location managed by Safe Boot. If the password is lost or forgotten, users can call the service to recover their password. 26 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 27 of 49 EXHIBIT C City of Cleanvater Computer Equipment Leasing Proposal No. 14-08 Equipment Pricing Contig Namef# Total Config Qty Part Number Clearwater Standard Desktop - HP dc5800 500 Description Qtyf Confi List Price Dis c Bid Price g AJ408A V HP Compaq dc5800 Microtower PC 500 $ 49 $ 863.00 % 440.00 AJ416AV Standard PS - dc5 MT Chassis KM969AV Vista Business - Downgrade to XP Pro SW AJ419A V Celeron 430 Processor GW343A V 2GB PC2-6400 (DDR2-800) 2xlGB Memory GW298A V 80GB SATANCQHDD SMART IV 1st Drive GX020A V HP USB Standard Keyboard GW366A V HP USB 2-Button Optical Scroll Mouse GW317AV SAT A 16X SuperMulti LightScrbe 1 st Drive AJ437AV 1.44MB Floppy [MT] Drive GX161AV 3-3-3 MT Warranty GX321AV XP Pro System Recovery CD Kit GX015AV HP dc5800 Country Kit Service Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, $ De-Installation (see proposal for full details) 172.08 Totals System $ $ 863.00 612.08 with $ $ 19" 1,172.00 841.08 Moni tor Config Name!# I Total Config Qty Part Number Clearwater Premium Desktop - HP dc5800 500 Description Qtyf List Price Dis Bid Price Confi c g 500 $ 46 $ 1,083.00 % 590.00 AJ408A V HP Compaq dc5800 Microtower PC AJ416AV KM969AV AJ424A V GW343A V Standard PS - dc5 MT Chassis Vista Business - Downgrade to XP Pro SW Intel Core 2 Duo E6550 Processor 2GB PC2-6400 (DDR2-800) 2xlGB Memory 27 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 28 of 49 EXHIBIT C GW293A V 160GB SATANCQHDD SMART IV 1st Drive GX020A V HP USB Standard Keyboard GW366A V HP USB 2-Button Optical Scroll Mouse GW317AV SAT A 16X SuperMulti LightScrbe 1 st Drive GW327AV SAT A 48X/32X Combo 2nd Drive AJ437AV 1.44MB Floppy [MT] Drive GX161AV 3-3-3 MT Warranty GX321AV XP Pro System Recovery CD Kit GX015AV HP dc5800 Country Kit Service Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, $ De-Installation (see proposal for full details) 172.08 Totals System $ $ 1,083.00 762.08 with $ $ 19" 1,392.00 991.08 Moni tor Config Name/# Total Config Qty Part Number Clearwater GIS Workstation - HP xw4600 200 Description Qty/ List Price Dis Bid Price Confi c g 200 $ 45 $ 1,743.00 % 959.00 RV724A V HP xw4600 Workstation Base Unit GH476AV ........... GR524A V GK766A V GH570A V GR515A V GH501A V GH531A V GH538AV GH488A V GH545A V GH550A V GH487AV Service HP xw4600 80+ Energy Efficient Chassis Microsoft Vista32B Downgrade to XP32B OS Intel Core 2 Duo E4500 2.20 2MB/800 CPU HP 4GB(4xlGB)DDR2-800 ECC Memory NVIDIA Quadro FX570 256MB PCIe,lst Card HP 80GB SATA 3Gbs NCQ 7200,lst HDD HP USB Standard Keyboard HP USB Optical Scroll Mouse HP 1.44MB Floppy Disk Drive HP 16X DVD+/-RW SuperMulti SATA,lst ODD HP 48X DVD/CDRW Combo SAT A,2nd Drive HP xw4600 Localization Kit Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, De-Installation (see proposal for full details) $ 172.08 28 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 29 of 49 EXHIBIT C I I I Totals System $ $ 1,743.00 1,131.08 with $ $ 19" 2,052.00 1,360.08 Moni tor Config Name/# I Total Config Qty Part Number Clearwater Standard Notebook - HP 8510p 400 Description Qty 1 List Price Confi Dis c Bid Price g RQ555A V HP IDS 8510p Base NB PC 400 $ 34 $ 1,880.00 % 1,232.00 GA276A V Windows XP Pro 8510p O/S GH158A V DRDVD Windows XP 8510 Media RQ590A V Intel Core2 Duo T7300 8510p Processor RQ594A V 15.4 WSXGA+ WV A AG 8510 Display RQ603A V 2048M 667DDR2 2DM 8510 Module RQ607 A V 80G 5400RPM FX 8510 Hard Drive GH729AV A TI HD 2600 256MB 8510p Graphics RQ632A V Dualpoint 8510 Keyboard RQ614A V Combo DVD/CDRW 24X FX 8510 Drive RQ618AV 8C 73WHr 8510 Battery GH736A V SEC Finger Print Reader 851 Op Module RQ561AV 56K MDC1.5 8510 Modem GA902A V Intel 802. 11a/b/g 8510 Card RQ006A V No Bluetooth Device GA918AV 31310 8510p Warranty DE678A V DIB Nylon Case EQ994A V DIB HP Docking Station RQ633A V 90W w/pwr 8510 Hardware Kit GA914A V Centrino Duo 07 Label EY043A V MS XP Logo Label P A508A Adjustable Notebook Stand 400 $ $ 68.00 38.00 U4414E HP 3y NextBusDayOnsite Notebook Only SVC 400 $ $ 112.00 62.00 Service Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, $ De-Installation (see proposal for full details) 172.08 I Totals System $ $ 2,060.00 1,504.08 with $ $ 19" 2,369.00 1,733.08 Moni tor 29 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Config Name/# Total Config Qty Part Number Attachment number 2 Page 30 of 49 EXHIBIT C Tallahassee Standard Desktop - HP dc5800 500 Description Qty/ Conti List Price Dis c Bid Price g AJ408A V HP Compaq dc5800 Microtower PC 500 $ 49 $ 853.00 % 436.00 AJ416AV Standard PS - dc5 MT Chassis KM969AV Vista Business - Downgrade to XP Pro SW AK148AV Pentium Dual-Core E2180 Processor GW334A V 1GB PC2-6400 (DDR2-800) 2x512 Memory GW298A V 80GB SATANCQHDD SMART IV 1st Drive GX020A V HP USB Standard Keyboard GW366A V HP USB 2-Button Optical Scroll Mouse GW317AV SAT A 16X SuperMulti LightScrbe 1 st Drive GX161AV 3-3-3 MT Warranty GX321AV XP Pro System Recovery CD Kit GX015AV HP dc5800 Country Kit Service Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, $ De-Installation (see proposal for full details) 172.08 Totals System $ $ 853.00 608.08 with $ $ 19" 1,162.00 837.08 Moni tor Contig Name/# Total Config Qty Part Number Tallahassee GIS W orkStatation - HP xw4600 300 Description Qty / List Price Dis Bid Price Conti c g 300 $ 48 $ 3,273.00 % 1,695.00 RV724A V HP xw4600 Workstation Base Unit GH476AV GR524A V GK766A V GH570A V GH491AV GH496AV GH531A V GH538AV HP xw4600 80+ Energy Efficient Chassis Microsoft Vista32B Downgrade to XP32B OS Intel Core 2 Duo E4500 2.20 2MB/800 CPU HP 4GB(4xlGB)DDR2-800 ECC Memory NVIDIA Quadro FX4600 768MB PCIe Card HP 250GB SATA 3 Gb/s NCQ 7200,lst HDD HP USB Standard Keyboard HP USB Optical Scroll Mouse 30 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 31 of 49 EXHIBIT C GH488A V HP 1.44MB Floppy Disk Drive I GH545A V HP 16X DVD+/-RW SuperMulti SATA,lst ODD GH487AV HP xw4600 Localization Kit I RD628AA HP USB Powered Speakers - PC multimedia speakers $ $ 37.69 20.00 I Service Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, $ De-Installation (see proposal for full details) 172.08 Totals System $ $ 3,310.69 1,887.08 with $ $ 19" 3,619.69 2,116.08 Moni tor Config Name/# Total Config Qty Part Number RV725AV GM505A V GR528A V ........... GW493A V GW494AV GM568A V GP519AV GM544AV GM605A V GM600A V GM574AV GM579AV GM587AV GM506A V RD628AA Service Tallahassee High Level GIS WorkStation - HP xw6600 300 Description HP xw6600 Workstation Base Unit Qty/ Confi g 300 50 % $ 2,495.00 $ 20.00 $ 172.08 List Price Dis c Bid Price $ 5,027.00 HP 650W 80+ Energy Efficient Chassis Microsoft Vista32B Downgrade to XP32B OS Intel Xeon 5405 2.00 12M/1333 QC,lst CPU Intel Xeon 5405 2.00 12M/1333 QC,2nd CPU HP 4GB(4xlGB)DDR2-667 ECC Memory NVIDIA Quadro FX4600 768MB PCIe,lst Card HP 160GB WD Raptor SATA NCQ lOK,lst HDD HP USB Standard Keyboard HP USB Optical Scroll Mouse HP 1.44MB Floppy Disk Drive HP DVD+/-RW SuperMulti SAT A,lst Drive SoundBlaster X-Fi XtremeGamer Audio Card HP xw6600 Localization Kit HP USB Powered Speakers - PC multimedia speakers $ 37.69 I Lifecycle Management - Imaging, Asset Tagging, Installation, Warranty Management, De-Installation (see proposal for full details) 31 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 32 of 49 EXHIBIT C Totals System $ $ 5,064.69 2,687.08 with $ $ (2) 5,682.69 3,145.08 19" Moni tors L Contig Name/# I Total Config Qty Part Number Monitors 800 Description Qtyl Conti g List Price Dis c Bid Price GG458AA HP Ll950 19 inch LCD Monitor US 800 $ 26 $ 309.00 % 229.00 $ $ 309.00 229.00 Totals 32 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 2 Page 33 of 49 EXHIBIT C 33 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 U I- ID :::c >< w '" 'i3 0) .E "5 0) ~ 5 o<J '5 .P ~ ~ .~ g "..... 0 Q "., ~ u r5l ~ 0) 0) bJl bJl '" '" .... .... B B r/J r/J 0) 0) ~ ~ 00 ;> ;> .~ ~ ~ ~ ~ ~ r/J o<J ;>. ;>. ;>. ;>. ;>. ;>. Q Q Q Q Q Q 00 ~~~~~~.~ 0.. 0.. 0.. 0.. 0.. 0.. r/J o 0 0 0 0000 ~ ~ ~ ~ ~ ~ :8 Q Q Q Q Q Q ~ r:n r:n r:n r:n r:n r:n r:n (J) (J) (J) (J) (J) (J) (J) .C .C .C .C .C .C .C ~ ~ ~ ~ ~ ~ ~ (J) (J) (J) (J) (J) (J) (J) Q Q Q Q Q Q Q Q Q Q Q Q Q Q ~ ~ ~ ~ ~ ~ ~ I I I I I I I U U U U U U U P-. P-. P-. P-. P-. P-. P-. 0.. 0.. 0.. 0.. 0.. 0.. 0.. ~~~~~~~ j2 (J) (J) (J) (J) (J) (J) '-l Q Q Q Q Q Q r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n (J) (J) (J) (J) (J) (J) (J) .S .S .S .S .S .S .S ~ ~ ~ ~ ~ ~ ~ 0:1 0:1 0:1 0:1 0:1 0:1 0:1 ~ ~ ~ ~ ~ ~ ~ Ot--Ot--OOOON N .......! N .......! .......! .......! ('i"') 00000 ~ 0 ~ 0 ~ If) 0\ 00\0 <'l <'l <'l <'l <'l - o 0 o c: 0; <n 00 r'l r'l 0" - 0000000 ~ 0 ~ 0 0 ~ ~ o ~ \0 ~ 0\ ('i"") If) NN.......!NO\t--O\ 0-, 'oD" '" '" 'i3 'i3 0) 0) .E .E "5 "5 ~ ~ o<J o<J o 0 'i3 'i3 ~ ~ ;>. ;>. 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Attachment number 2 Page 36 of 49 ~ ~ 1il r::l ~ u ~ \0>-< M~ ~ ~ ~ p.., o ~ p.., E-< G ,...., r:/) 25 00 o o S o ~ ~ Item # 25 r:n r:n r:n r:n r:n M M M M M cd cd cd cd cd 0:1 0:1 0:1 0:1 0:1 (J) (J) (J) (J) (J) Q Q Q Q Q 55555 '5 '5 '5 '5 '5 C/O ;> ;> ;> ;> ;> M is is is is is '" u u u u u u .P ~ ~ ~ ~ .~ o 0 0 0 (J) P-. P-. P-. P-. iZl r:n r:n r:n r:n M M M M cd cd cd cd U U U U C/O 0) Q .~ ~ ~ QiSiS~~ s .~ .~ ..I:: ..I:: ~ .8 .8 ~ ~ o ;::j ;::j (J) (J) ~ 8 8 '5 '5 [BB~~ .s U U 0:1 0:1 C/O C/O C/O M M M '" '" '" U U U C/O 0) Q r:n r:n r:n .~ ~ ~ ~ Q 0:1 0:1 0:1 S 888 0.. 5 5 5 :3 '5 '5 '5 ....... ;> ;> ;> ~ i 6 6 6 ~. ..s u u u 8 r:n r:n r:n r:n r:n r:n (J) (J) (J) (J) (J) (J) Q Q Q Q Q Q .~ .~ .~ .~ .~ .~ Q Q Q Q Q Q S S S S S S 0.. 0.. 0.. 0.. 0.. 0.. :3 :3 :3 :3 :3 :3 :g :g :g :g :g :g 0.. 0.. 0.. 0.. 0.. 0.. .s .s .s .s .s .s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00000 000 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00000 000 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n r:n (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .- .C 'C .C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00000 000 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 22222 222 2 2 2 2 2 2 2 2 ~ 2 222 2 2 2 2 2 2 2 2 222 2 2 00000 000 0 0 0 0 0 0 000 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ 7 ~ ~ 00 00 ~ ~ ~ ~ ~ 7 ~ ~ ~ 00 ~ ~ ~ ~ ~ 7 00 ~ 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00000 000 0 0 0 0 0 0 0 0 0 0 000 00000 000 0 0 0 0 0 0 0 0 0 0 000 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N 7 ~ 7 ~ ~ 00 ~ ~ ~ ~ ~ ~ 7 ~ ~ ~ ~ ~ U I- ID :::c >< w o 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ N ~ ~ ~ ~ ~ 7 ~ 7 00 - 00000 000 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ 0 ~ 0 ~ ~ ~ 0 0 ~ ~ 00 ~ ~ ~ 0 ~ ~ 0 N 00 ~ ~ 00 ~ ~ ~ 00 ~ ~ ~ ~ ~ 0 0 N 0 7 7 ~ ~ ~ ~ 7 7 ~ ~ ~ ~ ::: "0 o B .~ ""d r/J r/J B ~ bJl iZl 0 ::: .... 0 :.g B ~ g .8 0 Q :::s ;;; ~ ""d ~ Q ~ ~ a ""d ~ -6 B ~ ~ iZl ~ P-. 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P-. ::r: ::r: ::r: ::r: ::r: ::r: ::r: ::r: ::r: c--i c--i o 0 00 00 ~ ~ ~ ~ ~ ~ bJl bJl ~ ~ f-< f-< ~ ~ ~ 0:1 0:1 0:1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ g ~ ~ ~ ; ~ ~ ~ ~ ~ ~ 00 "T ~ ~ "T "T "T "T "T P-. P-. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ N ~ 7 ~ ~ 00 ~ N ~ N N 00 0 0 0 0 7 ~ ~ ~ ~ ~ ~ ~ 7 7 N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ D ~ ~ ~ ~ ~ ~ ~ P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. P-. ~ ~ "T 'oD o _ @ ~ ~ ~ ~ ~ ~ ~ ~ ~ "T <n 'oD - - - ~ ~ ~ ~ ~ ~ Attachment number 2 Page 37 of 49 ~ ~ 1il r::l ~ u ~ r-->-< M~ ~ ~ ~ p.., o ~ p.., E-< G ,...., r:/) 25 00 o o S o ~ ~ Item # 25 ~ ~ ~ 6 6 6 6 ~ ~ ~ .~ .~ .~ .~ ..I:: ..I:: ..I:: "8 "8 "8 "8 ~ ~ ~ ;::j ;::j ;::j ;::j (J) (J) (J) ~ 8 8 8 8 '5 '5 '5 ~ B B B B ~ ~ ~ u u u U U 0:1 0:1 0:1 ~ ~ bJl bJl ~ ~ ~ ~ 0) 0) '5 '5 ~ ~ 0:1 0:1 ~ ~ bJl bJl ~ ~ ~ ~ 0) 0) '5 '5 ~ ~ 0:1 0:1 ~ ~ bJl bJl ~ ~ ~ ~ 0) 0) '5 '5 ~ ~ 0:1 0:1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -a -a -a -a -a -a -a -a -a -a -a -a -a -a -a -a 00000 000 0 0 0 0 0 0 0 0 ~~~~~~~~~~~~~~~~ 00000 000 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z z 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C .C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) (J) Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U U U U U U U U U U U U U U U U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -a -a -a -a -a -a -a -a -a -a -a -a -a -a -a -a 00000 000 0 0 0 0 0 0 0 0 {522222222222{5222 00000 000 0 0 000 0 0 0 z z z z z z z z z z z z z z z z ~ ~ ~ '-0 r-- r-- - - - ~ ~ bJl bJl .2.2~~ ~ ~~aQSQ (J) (J) ""d ""d ~ ""d '5 '5 a a !) a ~ ~ ::r: ::r: ::::s ::r: 0:1 0:1 S S S 888 0) 0) 0) ::::s ::::s ::::s .;;l '" Q S ..3 "0 8 0.. ~ (J.) o ::r: ::::s ~ ~ ~ .,g .,g .,g 0.. 0.. 0.. 000 Attachment number 2 Page 38 of 49 "'" c c .;! 00>-< 88"0 (J.) 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C/O .~ 0.. o is .~ j '" " ii5 .... 0) p-. C/O .~ 0.. o is .~ j '" " ii5 .... 0) p-. C/O .~ 0.. o is .~ j '" " ii5 .... 0) p-. C/O .~ - '" "',.... " C/O ~~ &~ C/O C/O .~ .~ ~.$~.$ ::: 00 ::: 00 ~ ~ ~ ~ &~&~ C/O ~ .~ 8"~ ~~ a~ "000 ~'-J ~ ~.+= ~.,g B~B~ ~~~~ a~a~ ;$: o 00 - ~ ~ 00 00 - - o o r-.: o "T" - o 0 o 0 r-.: 0; o 0 00" 'oD - o c: o 'oD - -" o 0 c: 0 o c--i 0-, 0 "T" on - " o ]--g -g 1)"--0 C'lt C'l ..<::" o 0 0" Q cd 85: g \O~g .......!;::j .......! \00:17 iJ:jr/J iJ:j S::::S~ ~12 ::::S8iJ:j00~ -0"T::::S:0"0 oc: 6 ~.... N~ ~~~8~ ~8 ~6::~~ Na N"'Oo05: is.g iS~;;::::Ja [) cd [) 0 If) 0-; o.~ .o.5:6U,,~ O::J80a><"8f2 ~2~~2i0~ <t:u~<t:u.soS ~ 'oD 0-, ~ ~ t""- o-, ~ ~ 00 r'l ~ ~ ~ 1il r::l ~ u ~ r-->-< o;-~ ~ ~ ~ p.., o ~ p.., E-< G ,...., r:/) 25 00 o o S o ~ ~ Item # 25 U I- ID :::c >< w C/O .... ~ 0.> Q o ~ , C/O is ,.... 0.. o r/J ~ '" ~ .... 0.> P-. C/O is ,.... 0.. o is .~ j '" " ii5 .... 0.> P-. C/O is ,.... - '" "',.... 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O'~ 0'5; 0'5; o.>i) 0:10 ('i'")~ ~;:$ ~;:$ __~ ~--g B>< ~[/J ~[/J ~6 oot ~c.8 ~.t:i ~.t:i ~""d t:2& ui~.g ~~ .~~ j~ ~aC/O "ooe ('i"")u:lQ\,OU:lQNo.. ~.s ~~ ~8~~8~o;:$ ~"E.+= .~lr);:$ ~~~~~~~[/) ou~ ~~~ ~aJ><~aJ><>"Ecn~~~ ~lf) en l.rl"'g"'Ol.rl"'g"'d....:l ~ ~ ~,:.s> ~ ~ ~ ~ ~ ~ ~ ~ ~ r~ U 0 cy _? 0'"' ObOC'dObOC'dVoo".p cd o (J.) 86 (J.) 0..0 (J.) 0..0 ~ Q .s ~ 0 ~ ~:x:P-.~:x:::J~:x:::J~~:.alHS is ~ ~ 2 ~ ~ 2 ~ ~ 2 ~ f:: _g g ;> ~ ~ :<""U:<""U:<""U:<~U?ZUP-. ~ 0-, r'l ~ ~ o 7 ~ ~ - 7 ~ ~ on o r- ~ 00 o o S o ~ ~ ~ 'oD o r- ~ Item # 25 Attachment number 2 Page 49 of 49 EXHIBIT D Charitable Contributions Insight, with the cooperation and assistance ofHP, is excited to offer free computer donations to a not for profit agency or charitable cause of the City's choice. We believe local participation is a benefit to the City, County and the citizenship. A free PC will be issued and delivered to a specified charitable organization for every 16 PCs purchased by the contracting entity under this agreement. PC purchases will accumulate on a 16:1 ratio. Additional details ofInsight's charitable contribution are provided below. . Quarters, as referenced herein, shall be defined as the City's fiscal quarters (i.e. Ql: October- December, Q2: January - March, Q3: April- June, Q4: July - September,) . PCs purchased by the City, including City Departments, under this contract will be reconciled on a quarterly basis. . There shall be a limit of 15 PCs delivered per quarter, with a total yearly donation not to exceed 50 PCs. This annual donation limit shall be prorated for Year 1 to 25 PCs. PC purchases by the City in excess of the 16: 1 ratio shall not be carried over into the next fiscal year. o Insight will true-up for "owed" PCs in later quarters within a fiscal year if a large order is placed within one quarter that exceeds 240 units (15 x 16). . The PC model selected for the charitable donation shall be made solely by Insight and HP. Product availability is subject to change without notice. . The donated PCs will be shipped directly to Nonprofit entities named by the City by Insight within 90 days following end of each quarter. o The City will be provided with communication of donated PC shipment for their records, as well as appropriate proof of applicable units purchased by the City, less any returns or write-offs. o The City shall provide the appropriate information for the selected charitable entities to Insight and shall be solely responsible for verifying their nonprofit status. . Title and risk of loss or damage to products passes to the entity when the products are delivered to carrier at Insight's or its supplier's docks. Insight will use commercially reasonable efforts to meet requested delivery times but is not responsible for delays caused by acts beyond its reasonable control, including without limitation, any failure of the transportation carrier to meet the delivery schedule, or product availability from the manufacturer. . Insight shall pass through to the client, to the extent available, the manufacturer's standard product warranty associated with the products donated. Client must look to the manufacturer of the product for any recovery and warranty support. . This program is subject to change and is contingent upon the continued support ofHP. Either Party may terminate this program without cause upon sixty (60) days prior written notice to the other Party. All orders must be placed under the Products & Services Sales Master Agreement - City of Clearwater. 49 INSIGHT PROPRlETAR Y AND CONFIDENTIAL Rev. 01/30/08 Item # 25 Attachment number 3 Page 1 of 1 RESOLUTION NO. 08-07 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING ITS INTENT TO HAVE THE INFORMATION TECHNOLOGY DIRECTOR SIGN FOR ALL DRAWS ON THE LEASE CONTRACT WITH HEWLETT- PACKARD FINANCIALS SERVICES COMPANY AND INSIGHT PUBLIC SECTOR, INC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clearwater, Florida has approved a lease agreement with Hewlett-Packard Financial Services Company of Murray Hill, NJ, and Insight Public Sector, Inc, of Bloomingdale, Illinois for desktop and laptop computers for a total of $1,200,000.00; and WHEREAS, the City Council of the City of Clearwater, Florida, has determined that the need exists to streamline the process of making draws on the lease contract with Hewlett-Packard Financial Services Company and Insight Public Sector, Inc.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA THAT: Section 1. The City Council hereby authorizes the City Manager to delegate to the Information Technology Director or other designee the ability to execute documents implementing the Master Lease Agreement with Hewlett-Packard Financial Services Company and Insight Public Sector, Inc., such as draws on the Agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Resolution Ntt.600-#7.25 C) !: U !: ctl !: LL a> (/) ctl J: U lo.. :J a.. - a> (/) ctl a> ...J (/) > a> (/) ctl a> ...J lo.. o "C !: ~ III :v :; III ...J ~ Q) :; E o () o :!;< III Q) o ~ ~ o~ u1h &!r-- c:~ ~~ ~:.:i III ... ~>;- lXlM ~ :>> o u~ Q)1h O::r-: 5i.... ijjg olC...J ~>= lXl"; ~ o :!: Q) ~ III :.:i g- ~ >=c.~ ..;j.r ~ 1h Q) ~ III :.:i g- ~ ~o..~ >;- III ::::s M...Jo.. ~ o :!: Q) J!! g- ~ :.J::;;;:..c: lo.. fA ~ >;- Q) ::::s MOo.. '2F- !e Q) J!! g- ~ :.J::;;;:..c: lo.. fA ~ >;- Q) ::::s MOo.. Q) III 0. III O.s:: - U c.... III ::::s ...Jo.. 0) 0) <Xi <0 ...._0 ....0)0) <17 <17 <17 "<I" "<I" <"'i 0j_O ....0)0) <17 <17 <17 ("\I '" ("\I I'- ("\1_0 ....0)0) <17 <17 <17 o.Q) .s III 0. 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