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10/21/1999 , '\I: .," \ '~ ~ 1'" , t' . '. , ,', ,,:,., .,<'.:.,' ",' +.> J ! Agenda: 10-21-99 'i. \ OP3~ ~. ~", ~4 i.. City Commission Meeting 10-21-99 note: 10-18-99 Prelitninary (Worksession) Agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. ......-- osY3'1 . f .' t ; . . ..' ~ . ... . '. , " ./. .' t .'. ' " . . ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, October 21, 1999 - 6:00 P.M. - Commission Chambers 1. Invocation - Commissioner Clark. 2. Pledge of Allegiance - Mayor. 3. Service Awards - Employee of the Month October 1999 - Miles 8allog9 - Economic Development Program Manager 4. Introductions and Awards Proclamation: Teen Read Week - 10/17-23/99 5. Presentations a) legislative Reports - Representative Jones & Representative Bilirakis - Given. b) Update re Census 2000 effort in Pinellas County - David Walker - Given. c) Sister City - Update given. 6. Approval of Minutes - Regular Meeting 10/7/99 & Special Meetings 9/14/99 & 9/28/99 - Approved as submitted. 7. Citizens to be heard re items not on the Agenda Anne Garris & Bob Henion invited residents to the charette re bluff development on 10/23/99 at the Harborview Center from 10:00 a.m. to 4 p.m. PUBLIC HEARINGS Not Before 6:00 P.M. 8. Public Hearing & First Reading Ord. #6461-99 - Vacating 16' alley lying north of Drew Street and between Ft. Harrison Ave. & Osceola Ave., and city's recommended vacation of contiguous 16' by 30' utility easement, subject to applicant agreeing to accept ownership of sanitary sewer facilities existing in said alley and easement (Church of Scientology, V99-11)(PW) ACTION: Approved. Ordinance passed 1 st reading. 9. Public Hearing & First Reading Ords. #6450-99, #6451-99 & #6452-99 - Annexation, Land Use Plan Amendment to Residential low & LMDR Zoning for property located at 2838 S.R.590, Virginia Grove Terrace, 5th Addition, Blk 0, Lot 11 (Marie Seiter) (PlD) ACTION: Approved. Ordinances passed 1st reading. 10. Public Hearing & First Reading Ords. #6453-99... #6454-99 & #6455-99 - Annexation, Land Use Plan Amendment to Residential Urban & LMOR Zoning for propert\{ located at 1426 Sunset Point Rd., Sunset Highlands Unit 2, Lot 5 (Townsend Constructors, Inc.) (PLD) ACTION: Approved. Ordinances passed 1st reading. 11. Public Hearing & First Reading Ords. #6459-99 & #6460-99 - land Use Plan Amendment to Commercial General & Commercial Zoning for property located at 2561 Nursery Rd., part of Sec. 19-29-16, M&B 44.05 (Sandy Buettner)(PlD) ACTION: Continued to 11/04/99 due to tie vote. 10/21/99 1 .. _ ~'-W_.__ -...Ll:::.... -- - - f. , I ' . " j' " . . ,i. , " " >> , " ':" :'J . /' ...~. ' . ' ' '. ..' .. ~ 1>" " . . J .'~ . \ ..~,,~ '! \! . Public Hearing - Second Reading Ordinances 12. Ord. #6447-99 - Annexation for property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris / Criss Cross Center Co.) ACTION: Ordinance adopted. 13. Ord. #6448-99 - Land Use Plan Amendment to Residential/Office General for property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris / Criss Cross Center Co.) ACTION: Ordinance adopted. 14. Ord. #6449-99 - 0 (Office) Zoning for property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris I Criss Cross Center Co.) ACTION: Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-29) - Approved as submitted less Item 16. The following items require no formal public hearing and are subject to being approved in a si ngle motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 15. Agreement with FDER providing for assessment & remediation of orphaned and abandoned sites, and other economic / community development projects in the Clearwater Brownfields Area (ED) 16. Approve purchase of Greenwood Manor Sub., Lot 6 & part of Lot 5; approve lease of Greenwood Manor Sub., Lots 4 & 5 and North % of Lot 6 to Greenwood Community Health Resource Center; authorize use of $36,500 for acquisition of property and payment of liens and other fees (ED) APPROVED AS REVISED - LEASE TO BE PRESENTED IN CONJUNCTION WITH DECLARING THE PROPERTY SURPLUS AT FUTURE MEETING. 17. Authorize issuance of RFP/Q for the Dimmitt option (ED) 18. Contract to Aon Consulting, Inc., benefits consulting services for Human Resources Dept., contract period date of approval through 12/31/2000, for $27,400; contract includes approx. $104,900 of services to be provided by City insurance carriers through commissions (HR) 19. Contract to United HealthCare, health insurance, under fully insured funding arrangement for 1/1/2000-12/31/2000, est. $3,932,726; and Contract to United Behavioral Services, mental health / substance abuse & EAP coverage, for 1/1/2000-12/31/2000, est. $186,183, for est. total of $4,1 "19,881 (HR) 20. Contract to Decision Management Company, Inc., for Police Department's Document Imaging System, cost not to exceed $133,000; authorize funding not to exceed $133,000 to be provided by City's Master Lease-Purchase Agreement (PO) 21. Contract to Kloote Contracting, Inc., for Bayfront Tennis Complex Demolition, for $ 53,493 (PR) 22. Agreement with Pinellas County to coordinate efforts facilitating construction of Keene Road, Phase 1 A & 1 B, from Druid Road to Sunset Point Road (PW) 23. Contract to Caladesi Construction Company, for Beach Parking Lots #34 & #35, for $246,582.82 (PW) 10/21/99 2 24. Approve Supplemental No.4 & No.5 to Drew Street work order with Post, Buckley, Schuh and Jernigan, Inc., for additional engineering design required by FOOT, reducing project limits, increasing work order to $579,150 (PW) 25. Purchase Order to Rowland Inc., for sanitary sewer manhole rehabilitation, for amount not to exceed $ 500,000 (PW) 26. Contract to MacKay Meters, Inc., for 2,400 complete electronic single-space parking meters & 200 spare mechanisms, for $785,000; funding to be provided under City's Master Lease- Purchase Agreement (PW) 27. Authorize City to enter into agreements with subrecipients approved in the Consolidated Plan (PLD) 28. Approve grant funded position, titled Assistant Director for Housing, for City's Planning Department IPLD) 29. Sanitary sewer easement - granted by Kimberly Home, Inc. re site plan for addition to offices at 1189 NE Cleveland Street leA) OTHER ITEMS ON CITY MANAGER REPORT 30. Update regarding Beach Entryway (Roundabout) Project (eM) ACTION: Update given. 31. Res. #99-45 - Amending Res. #98-51 and modifying map describing Clearwater Enterprise Zone Area by expanding area to include all of CIt3arwater Brownfields Area, Clearwater Community Redevelopment Area and additional adjacent properties (ED) ACTION: Approved. Resolution adopted. 32. First Reading Ord. #6462-99 - Amending various code .sections relating to Courtney Campbell Causeway Recreation Area (PO) ACTION: Approved. Ordinance passed 1 st reading. 33. Rental Agreement with Florida Final Coat, Inc., for property located at 917 Park Street, Magnolia Park Sub., Blk 3, west Y2 of lot 5, anticipated to become effective 11/1/99 and terminate not later than 6/30/2000, subject to terms & conditions stipulated therein IPW) ACTION: Approved. 34. First Reading Ord. #6466-99 - Amending Appendix A of Clearwater Code of Ordinances by reducing application fee (from $365 to $100) for appeals to the Community Development Board (PLD) ACTION: Approved. Ordinance passed 1st reading. 35. Other Pending Matters - None. CITY ATTORNEY REPORTS 36. Other City Attorney Items - None. 1 0/21/99 3 : .. ;. .,;\.'. 37. City Manager Verbal Reports CM announced $3.1-million SWFWMD appropriation for Town Pond & additional $1 Q-million for Stevenson's Creek remediation. Special Work Session re Gulf-to-Bay Boulevard scheduled for 11/10/99 from 1 Q a.m. to 12 noon. 38. Other Commission Action Clark encouraged citizens to participate in Alternative Transportation Week, which emphasizes other means of transportation. Commission members praised the success of Jazz Holiday, thanked the Henderson and Spalding families for providing free transportation to beach venues, and thanked the sponsors' generosity. Clark invited residents to attend the charette re bluff redevelopment on 10/23 at the Harborview Center from 10 a.m. to 4 p.m. Clark challenged the eM regarding the upcoming World Series. Hoooer and AunQst thanked the legislature re $40-million in recent State & Federal funding for City projects. Aunast offered birthday wishes to Carolyn Brink and Cyndie Goudeau. 39. Adjournment - 8:01 p.m. 10/21/99 4 -.,. A W ClealWater City Commission Agenda Cover Memorandum SU BJ ECT IRECOMMEN DA liON: SERVICE AWARDS Final Agenda Item # Meeting Date: 10/18/99 10/21/09 o and that the appropriate officials be authorized to execute same. SUMMARY: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater BACKGROUND: 5 Years Kelly 5. O'Brien Daniel J. Devol Michael D. Cieslak, Jr. Stephen M. Reid Malik Salam William M. Wright Billy R. McKeever Cleveland S. Lang Carmen A. Heidt Georgina P. Ata Kathryn M. Bielefeld Margarita L. Lyons Kent M. Walker Steven P. Poppick Robert Bublitz Brian J. Kately Pamela K. Akin Lynn R. Hastings 10 Years Catherine Yellin James G. Demet Police Police Police PW IEng Public Works Development Services Parks & Recreation Parks & Recreation Library Library Library Library Library Solid VVaste Gas Gas Legal Human Resources Marine Parks & Recreation 15 Years Edwin C. Feldhaus Theron L. Johnson, Jr. Nicolas Rivera-Ruiz Gas Solid Waste Human Relations 20 Years Mary T. McCann Customer Svc. 25 Years Marietta J. Cooper Joseph Reckenwald Police WPC 30 Years Thomas R. Hackett Public Works Reviewed by: Originating Dept: Costs legal NA Info Tech NA Human Resources Total Budget NA Public Works NA User Dept. Funding Source: -- Purchasing NA DCMlACM Caplial Improvemenl Current Fiscal Year Risk Mgmt NA Other NA Attachments Operating Other Appropriation Code: Submitted by: City Mana~er o Printed on recycled paper '1;7" o None Rev. 2/98 I . " " ' . '. ,I '" . .... , <. > t " '. '. 1 !:. ~: '~: .!:~n~;'ii: ~~!:; c ~ .~' ' ~~'.~~:;;< !.;. ~ :'" ", tJ r.. ""'" "J.'~' .i:~..\~': .....~. ,4-. ;. !i;" >'+.;~~-P.. ~i ,'..., r I . t '4- ~ I" .~ ' .-'~ -1 '" ~ '~ L ,~. ~ (J)8 Q-5 <tI) ~~ ~ a::: :I: 01 Z 8" :; ~-511t ~~.5~ u ....." z~~~ ~;::l~D: t..... ~.~ c:: t'-y_" ~~;f~ o~"'O~ E--e~] (J) 0.... u <...-;; - ....;1.!!l ~ ....;1.~ ~ ~~ '" " .~~ t,' i " ht~!\~:::?,':~.~ '" ." , " "":':<'::. . '.', . '. .., ;: ::;af.~~''i~.\{~~.~;~;;.: .:. ' . ':.:~l.", .t.p~.t<__", ' ;. .. , :;jJ:,1,1;~\> ~';'~~~'. :,~~,<' .>'.'.;.: :_::~":''> ...., .("~;.~'.!.>, ~\"~\ .',:. . '. 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"I pWJ- Clean,vater City Comtnission Agenda Cover Menlorandum Work session Item #: Meetinj:l Date: 8 )O..~ ,.. q'i Final Aj:lenda Item # SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 16 foot alley lying North of Drew Street and between Fort Harrison Avenue and Osceola Avenue as well as the city's recolnmendation to vacate the contiguous 16 foot by 30 foot utility easement subject to the applicant agreeing to accept ownership of the sanitary sewer facilities that exist in said alley and easement and pass Ordinance Number 6461..99 on the first reading. (V99-1 t CHURCH OF SCIENTOLOGY) [gJ and that the appropriate officials be authorized to execute same. SUMMARY: . The applicant is proposing to use the alley, easement and the adjacent property to construct a new parking lot. . The alley is not being used by vehicular traffic. This alley contains an existing sanitary sewer main and manhole. .. Public Works Administration is recommending the vacation of this alley as well as the contiguous easement, subject to the applicant agreeing to accept ow nership of the sanitary sewer facilities that exist in said alley and easement. . Time Warner and GTE have no objection provided the applicant bears the expense for the relocation of their facilities to maintain service to customers affected by the relocation, Florida Power has no objection provided the applicant bears the expense for removing or relocating FPC facilities from the alley, Clearwater Gas System and GTE Media Ventures have no objections to the vacation request. Reviewed by: Legal ~~ Budget ~ll- Purchasing N/A Risk Mgmt N/A Info Srvc Public Works DCM/ACM Other Originating Dept: Public Works Adm'n stratian User Dept. N/A Costs NI A Total Current FY Funding Source: CI OP Other Submitted by: City Manager ~.. J J ~~- Attachments Ord, No, 6461-99 Location Map Appropriation Code: Printed on recycled paper VACATION 99.11 CHURCH OF SCIENTOLOGY J . ' ',.'" /. . I . I" .' .' . ORDINANCE NO. 6461-99 ~ ," . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. VACATING A SIXTEEN-fOOT WIDE ALLEY LYING WEST OF LOTS ONE AND FOUR OF THE REVISED MAP OF C.S. HAYDEN ESTATE SUBDIVISION, AND LYING EAST OF LOT TWO OF C. S. HAYDEN ESTATE SUBDIVISION . ALSO EAST OF LOTS ONE, TWO AND THREE OF T.H. KINGSTON RESUBDIVISION. TOGETHER WITH A SIXTEEN BY THIRTY FOOT DRAINAGE AND UTILITY EASEMENT LYING BE1WEEN LOTS ONE AND TWO OF THE REVISED MAP OF C.S. HAYDEN ESTATE SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Church of Scientology. owner of real property adjoining the alley described herein. has requested that the City vacate the alley and the City recommends vacation of the drainage and utility easement depicted in Exhibit IIA" attached hereto; and WHEREAS, the City Commission finds that said alley and drainage and utility easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The fol/owing: See Exhibit liB" attached hereto. is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest. Owner agrees to maintain sanitary sewer lines remaining in the vacated alley and easement Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, fol/owing adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner ~~~ n Carassas Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6461-99 EXHIBIT "A" ~ NORTH Scale 1"-fOO' This Is Not A Survey DREW ,l~~ l~M" ~"} ~()..... s ~r:..:::::::- ~ "~- ~ I .... '" \01 ~..;~,i' JONES STREET . w > <( Suggested Vacation By City <( ..-J o W u if) o O.R. 74-01 ", 2 Pg. 1374-- ~~~ " Revised 1 C.S. . z HAYDEN 4 ~ H6-4 ~ ~ lO en lO . 0:: . (/) W :::::l Z W > < z o (/) 0:: 0:: <( I .....= lL. STREET I NOTE: The Applicant agrees to accept ownership of the san itory sewer facilities in the alley and up to the City's existing manhole in the Drew S-T-R 9-29S-15E street Right-of-way. Grid # 277B This Is Not A Survey Name: Church Of Scientology Vac 99-11 Date: 9/08/99 Drawn By. D.King Ordinance 6461-99 CITY OF CLEARWATER, FLORIDA PUBUC WORKS ADMINISTRATION ENGINEERING * J'.. \: \ ~ ',. I ': J ~~ ". ). , .\: " I I I.' \ \, - ..Y,. ./. .1,.. . , ./ ,.\' If',' .~{ /:, \" \ I~.-' \ '. '0. "/,;,>,'>"." g EXHIBIT u8" LEGAL DESCRIPTION Sixteen-foot wide alley lying west of Lots One and Four of the revised map of C. S. Hayden Estate Subdivision according to the map or plat thereof as recorded in Plat Book 6. Page 4. of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part, and lying east of Lot Two of C .S. Hayden Estate Subdivision and also east of Lots One, Two and Three of T. H. Kingston Resubdivision, according to the map or plat thereof as recorded in Plat Book 6. Page 65, of the Public Records of Pinellas County, Florida. Together with vacating a Sixteen-foot by Thirty-foot drainage and utility easement lying between Lots One and Two of the revised map of said C. S. Hayden Estate Subdivision. Ordinance No. 6461-99 ../);', >. \ \ '. 1,.1 ../ 'j . 'I!, /. . ,\. I." . , , \ "\" Ii' 'I i' ,'.,_. , :-- n , I" \ \ I \ : ;. '" .. .\ \ ,'\ \ ',I I /' , , \ ,.' , >} ^ ' ,. :.~r) ., \ , , \ /. \ ( '\ ( > 1 , , ' , " \ I , .~\ ) ',: " , , ~.-. '" ~.\ {:.':: I , , c'. ./ \',. .. , ,\ " Ii. , \; .., ~ .~- A., ,-, .; , ,. ~ " .-:;i '. " '.,. .. \ I f '. \ j >' '. \ I \, ,'. , - f .\ I \ J / ; .' / ;,.- \) , \...;' '\.. ~ "I.;:::", r \ . /';,'\ I;v " .~" -.'.,.",. I' :' . ~ . ,,' " . ,. f . I -. " .4 .: . ..> ". . t. . . \. ;. . . :. _'.. '" f... .' '; . o /J Clearwater City Commission \ L-b.J-- Agenda Cover Memorandunl Worksession Item #: Final Agenda Item # -3 Meeting Date: October 21, 1999 SUBJ ECT/RECOMMENDA TION: . Petition for Annexation. Land Use Plan and Zoning Atlas Amendments for 2838 State Road 590; Owner: Marie Seiter MOTION: Approve the Petition for Annexation, Land Use Plan Amendment to Residential Low and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 11. Block D, Virginia Grove Terrace 5th Addition, and pass Ordinances No. 6450-99, 6451-99 & 6452-99 on first reading. (ANX 99-08-16) o and that the appropriate officials be authorized to execute same. SUMMARY: . The property owner has requested this annexation in order to receive City water and sewer service. The property will have a land use plan designation of Residential Low and the proposed zoning is Low Medium Density Residential (LMDR). This annexation will result in reducing the number of existing enclaves in this area. . Water and sewer service will be provided by the City of Clearwater and capacity for the project is available for both utilities. The closest water line is immediately adjacent to the property in the State Road 590 right-at-way while the sewer line is located at the rear easement of the subject site. . The proposed annexation and proposed use are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well ~s goals and policies. . The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. . The Community Development Board at their regularly scheduled public hearing meeting of October 5, 1999 unanimously recommended approval ot the annexation. comprehensive plan category of Residential Low, and Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Reviewed by: Originating Dept: Costs Legal Info Srvc PLANNING AND Total DEVELOPMENT SE S Budget N/A Public Works User Dept. ~ Funding Source: Purchasing N/A DCM/ACM Current FY CI Risk Mgmt N/A Other Attachments OP STAFF REPORT Other Submitted by: City Manager Printed on recycled paper ORDINANCES NO. 6450-99, 6451-99 & 6452-99 o None A ro riatlon Code: Rev. 2/98 ~ '.' ' ' '. ~. , ... 1. .. ' . ~ '4 CDB Meeting Date: September 21, 1999 Case No. ANX 99-08-16 Agenda Item: IV.C. CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT GENERAL INFORMATION OWNER(S): Marie Seiter LOCATION: 2838 State Road 590, approximately 550 feet west of Lori Drive and 120 fcet south of St. John Drive REQUEST: To anncx the property into the City of Clearwatcr at the request of the property owner and approve thc appropriate City land use plan category and zoning district SITE IN FORMA TION PROPERTY SIZE: Dimensions of property: 8, 286 squarc feet or 0.19 acres 66.5 feet \\ide by 124.6 feet deep PROPERTY USE Current Use: Proposed Use: Detached Dwelling Unit Detached Dwelling Unit PLAN CATEGORY Current County Plan Category: Proposed City Plan CategOIY: Residential Low Residential Low ZONING DISTRICT Current Count)' Zoning District: Proposed City Zoning District: Residential, Singlc Family District (R-3) Low Medium Density Residential (LMDR) ANALYSIS: The property owner has requested this annexation in order to receive City water and sewer service. The property will have a land use plan designation of Residential Low and it is proposed to be zoned Low Medium Density Residential (LMDR). This annexation will also result in reducing the number of existing enclaves in this area. I' ".' I '., "': '., .' ,,', \ . r, 'f> . , " - ,.f 1 " I, , # .'~'., r \ . 'r tr,"" f" COB ANX 99-08-16 September 21, 1999 Page 2 I. IMPACT ON CITY SERVICES Water and Sewer Water and sewer service ~ill be provided by the Cit), of Clearwater and capacity for the project is available for both utilities, The closest water line is immediately adjacent to the propcrty in the State Road 590 right-of-way. The closest sewer line is located at the rear easement of the subject site. The required sewer impact fceof$900.00 was paid by the applicant on August 9.1999. The applicant is aware of the estimated cost of S800.00 to extend sewer line to the property. The applicant will also be responsible for the tap fee. utility deposit and the cost to extend the lines from the right-of-way across the property to the structure. Solid Waste Collection of solid waste ",ill be provided by the City of Clearwater. The City has an interlocal agrcemcnt with Pinellas Count)' to provide for the disposal of solid waste at the County's Resource Recovery Plant and available capacity is available to serve the property. Police The property is located \,'ithin the East Police District and sCr\ice \\-ill be administered through the District Substation located at 2851 McMullen Booth and State Road 580. Community policing service will bC provided through the City's zone system and officers in thc field. Thc Police Department has staten that they "ill be able to serve this property and the annexation will not adversely alTect police service and response time. Fire and Emergenc\' Medical SCr\'ices Fire and emergency medical services will be provided to the property by Station #49 located at 520 Sk.-y Harbor Drive. The Fire Department has stated that they will bc ablc to serve this propert)' and the annexation will not adversely affect fire and EMS senice and rcsponse time. In summary. the proposed annexation \\ill not have an adverse impact on public facilities and their leyel of scn'ice. II. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas Count)' Comprehensive Plan and the Count)'\\ide Plan designates the site as Residential Low whose intent is to rccognize areas where use and dcvclopment characteristics are low densit)' residential in nature. Residential uses are the primary uses in this plan category up to a maximum of 5 dwelling units pCI' acre. Othcr pcnnissibJe uses in the Residential Low plan category include Public/Semi-Pubic uses. schools, ancillal')' non-rcsidential and Recreation! Open Space uses. The annexation docs not propose to change the Residential Low plan category and the proposed use is consistent witI1 the uses and density of this plan category. Moreover, the annexation promotes infill development as stated in Objective 2.4 of the Future Land Use Plan: ". , ' t.. I t.,.l I ",~.", .. ~ll . .~., . ' , '. " '1', , f~' ~ : t ~?. I 11, '" t),1 ',' "/ COB ANX 99-08-16 September 2 1. 1999 Pagc 3 2.4 Objcctive - In considering extension of service and facilities. Cleanvatcr shall actively encourage infill devclopment In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. Ill. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The appropriate zoning district under the new Community Development Code is the Low Medium Density Residential (LMDR) District whose dimensional requirements are consistent with the surrounding development on this site. The subject lot was created as separate ownership before 1982 which makes it legally non-confonning with regard to lot area and lot width for the LMDR zoning district. Structures within the side are buffered \\1th landscape materiaUfcnces which protect the privacy and values of adjacent properties. No new constmction is proposed at this site. However. the applicant nill havc to comply witil current conditions which are applicable to development in tilis area should the owner decide to construct any new building at this site in the futurc. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN There is no change requested in the Comprehensive Plan category of the site that \\111 remain Residential Low with a maximum density of 5 units per acre. According to Special Act 88-46~ which established the Pinellas Planning Council, annexations of less than 10 acres do not require the review of the Council nor of the Countywide Planning Authority. The subject property is less than an acre. therefore. due to the small size of this property. re\iew by the Pinellas Planning Council is not required. There are no other Countywide Plan policies applicable to this application. V. CONSISTENCY WITH FLORIDA LAW Florida Statutes require that a proposed annexation be both contiguous \\ith the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This property is contiguous witil the existing City boundaries to the cC!st and west of the property and represents a logical extension of the existing boundaries. The compact standard of Florida law rcquires that the annexation docs not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistcnt \\;th this standard and no new enclave \\111 be created by annexation of this property. In fact, approval of this application will eliminate an existing enclave. In summary. the annexation of this property is consistent with Florida law. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by all City of Clear,\,..ater services. including utilities. police, fire and emergency medical services witilout any adverse effect on the service Ic\cl. Thc applicant has paid the applicable sewer impact fee of $900.00 and is aware of the additional estimated cost of $ 800.00 to extcnd sewer line to the site. The proposed annexation and proposed usc is consistent with both the City's Comprehensivc Plan and the Countywide Plan both with regard to the Future Land Use Map as well as , I ' ' . , l. '. '" , .. . ~ \ , \.. 0 .' CDS A99-04 September 21. 1999 Page 4 goals and policies. The subject property is an existing home. FinaJly. the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1. Recommend approval of the annexation of the property located at 2838 State Road 590. 2. Recommend approval of tI1C Residential Low plan category pursuant to the City's Comprehensive Plan. 3. Rccommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City~s Community Development Code. Prepared by Etim S. Udoh. Senior Planner Assistant Planning Director Approval: cd/- Planning Director Approval: (ZL.fz;' : Attachments Application Aerial Photograph of Site and Vicinity Land Use Map Zoning Atlas Utilities Maps ;! .' . , '_ j' , ~. , , ~l .' I . .' ORDINANCE NO. 6450-99 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 350 FEET EAST OF ST. CROIX DRIVE AND 110 FEET SOUTH OF ST. JOHN DRIVE, CONSISTING OF LOT 11. BLOCK 0, VIRGINIA GROVE TERRACE. FIFTH ADDITION. WHOSE POST OFFICE ADDRESS IS 2838 STATE ROAD 590. INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes. and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: I 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 11, Block D, Virginia Grove Terrace. Fifth Addition, according to the map or plat thereof as recorded in Plat Book 51, Pages 43 and 44, of the Public Records of Pine lias County, Florida. (ANX 99-08-16) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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 Pine lias 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 Brian J. Aungst Mayor-Commissioner Approved as to form: ~L'd/ ~ Leslie 1<. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6450-99 .J;' ATLAS PAGE: 2648 - ~ "-- " W<<J M7-M' 10 n_ 2@ " 1 @ . -!:!PO 3J 3J o :it lD I 391; ." 37. /JIIH J6 . Uf . OWNER: FROM: TO: ~ 1~~\ \\~i~C ~ ',:.. >- f.;i.~ 29,;;~ 11 I n-&i\ 20 E-e I 1 ~ ~_..... 114' nil ~ " 1&\ , ~ 6 ~ 28 10 ~ 21 10 ~ 1751 ~ n45 (') 10 114' 1'N' 1141 UJ 27 1 114' 114. ~ 173. ti 7 c'JA 3 5 7 9 '1 I 13 15 - 9 9 ~ 22 9 ~..--:::::=-- (710 ~ ~ ~ ~ ~ t ~ F t1~ 1740 0 J ,~.,n ~~ ",8 C 26 t: .. ~ ~ .. ... ~ 8 8 7 j113 < 8 (7~A ,'1 \'\~ "CA THERtNE 113' rzl 1131' 9 25 .," , f1lj U '/ 24 Z t1'tl t:- ~~ ~;; t- ~il60 91~t'" ~.tJ') i / 1721 ~ 7 t1~ 111' 10 24!:... ~ ~ ~ 20 ... ~ 6 ~ 11U5~'~" ~\'J 11 '_ 2~1 22 66-~6 19 ,.,~6 ~ '71'1/ g 2~ > .p \ ~ 12 I V ~ m; ~ 5/i) 2 3 I 4 5 'I I 13~ 14 15 16 1 18 8141-tt .. J/r.,Z2 In ~ 1 .. ~ ... 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'..; E ~. ~:~ .llJ'~ ...~'i~.:. .~;:...t~~. ~..'~: ... ~ ..... f4 .' !JO i.2t;.~ ~/r~~...:~ .8 . . ~5~': ;~;.:.: .....;- '.. .::.:<.~. ~ <'. ~~...1:.>~., &0 ..'- ... ..~;.".;;.:.;_....J~~. ,:.~ ~ PROPOSED AI~NE:X:ATION AND ZONING CLASSIFICATION MARIE SEITER 2838 S.R. 590 CLEARWA TER, FL.33759 LAND USE PLAN ZONING Residential low R-3 Residential Low LMDR ANI: 99-08-16 PROPERTY DESCRIPTION: LOT 11, BLOCK D, VIRGINIA GROVE TERRACE 5th ADDI nON PIOPIITI SIZI ACRIS: 1.19 Illlt-1f -".,: SIC: 5 flYP: 295 ACRES: tANG!: 16E COMMUNITY DEVELOPMENT IOAID: SEPTDJOCR 21, 1999 CITY COMMISSION: OCTOOEP. 21, 1999 File No. A99-16 Prepored by: EA- Public Works Administration EXHIBIT "A" Ordinance No. 6450-99 ORDINANCE NO. 6451-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE lAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 350 FEET EAST OF ST. CROIX DIRVE AND 110 FEET SOUTH OF ST. JOHN DRIVE, CONSISTING OF LOT 11. BLOCK 0, VIRGINIA GROVE TERRACE. FIFTH ADDITION, WHOSE POST OFFICE ADDRESS IS 2838 STATE ROAD 590, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater. as follows: Property land Use Categorv Lot 11, Block D, Virginia Grove Terrace. Fifth Addition. according to the map or plat thereof as recorded in Plat Book 51. Pages 43 and 44, of the Public Records of Pinellas County. Florida. Residential Low Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section~. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6450"99. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Leslie K. Dougall-Side Assistant City Attomey Cynthia E. Goudeau City Clerk Ordinance No. 6451-99 ,- It "40 "'-la' 10 f7~ 9 f1U 8 17M s-2tIo nu e 17. 5m<< 2@ 04 1@ ntItJ t?OD 3:s .>> ,en ,.",31 o ~ CI :I 39 ~ OWNZ.: fROM: TO: ~ ,~\ {',~:~. ~ ";6' >- f~~ 29~:: 11 t tn.i\ 20 e... 11 ~ ~__ 1744 nIl :- I 11 (';"\ \ ~ 6,.c:: 28 10 ~ 21 10 ~ '751"'" '14$ (r) .10 114' 17'4' IUt au 27.. 1748 174' ~ ",34 t1 7~.& 3 5 7 9 11 13 15 I- 9 9 &: 22 9~~ ~ ,..,,0 ~ ~ ~ ~ ~ ~ = f n~ '740 0 J!.31 --- 8 26 t = ~ ~ ~ ~ ~ 173~ rzl 8 / j,7~ ~ 8 fl'- (1.5 9 C /,/ "" CA lHERlNE "Zf U 1134 V 24- Z (711 25 ~~ 1lO1"'~ ~ !'. ';;;./s 19100-5..6 ~.~ r /I7ZS ;-.; 7 t1~~ 1"'" 10 24 ~1A"1f'i i ~~20 ~ 'iqjf Kc t?15 ~,.., ~ 11 2~ 22 66- ~6 19 nb6 ~ ~~I g 25 ~ 6 .F \1~ ~ 12/1;....:< ~ 1m 5 -~ ~ I . 14 15 16 1 18 114-t:,t~ '''722:n ., 1 .:2 'J 3 Of 4@ ~ 5 ., m ~ ! E ~ J. Qj = ~ ~ 8 :l ,..:3 ~ C'4 e..t~ r';"- OJ. ~ ~ ST JOHN ~ 2' ;... 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".;: ", ,~ .'. \.. . . :.. : :'.' .J"~J" :. ...... 60 ..\. .... .....;.;:. .., -'. ')~~.::. ~ PlOPOSED ANNEXATION AND ZONING CLASSIFICATION . MARl E SEI TER 2838 S.R. 590 CLEARWA TER. FL..33759 LAND USE PLAN ZONING Residential Low R-3 Residential Low LMDR ANI: 99-08-16 PROPERTY DESCRIPTION: LOT 11, BLOCK D. VlRGINI A GROVE TERRACE 5th ADDITION 1'IOPIITI SIZI ACIIS: '.It IIJU-tf-..J: SEC: 5 TV': 29S ACIlES: tANGI: 16E ATLAS PAAGI: 2648 COMMUNITY DEVELOPMENT IOAID: SEPTD.I8ER 21. 1999 CITY COMMISSION: OCTOBER 21, 1999 f~e No. A99-16 Prepared by. EA- Public Works Administration Ordinance No. 6451-99 rt I ... , t. ... > . ; , ~ ,~I~ ,...; ~ ...... ORDINANCE NO. 6452 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE ZONING ATLAS OF THE CllY BY ZONING CERTAIN REAL PROPERlY LOCATED APPROXIMATELY 350 FEET EAST OF ST. CROIX DRIVE AND 110 FEET SOUTH OF ST. JOHN DRIVE, CONSISTING OF LOT 11, BLOCK 0, VIRGINIA GROVE TERRACE. FIFTH ADDITION. WHOSE POST OFFICE ADDRESS 182838 STATE ROAD 590, 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 COMMISSION 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 Zoning District Lot 11. Block D. Virginia Grove Terrace Low Medium Density Residential (LMDR) Fifth Addition, according to the map or Plat thereof as recorded in Plat Book 51, Pages 43 and 44. of the Public Records of Pinellas County, Florida. . (ANX 99-08-16) Section 2. The Planning and Development Services Administrator 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, ctJiltingent upon and subject to the adoption of Ordinance NO.6450-99. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED . Brian J. Aungst Mayor-Commissioner . Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie K. Dougall-SI e Assistant City Attorney Ordinance No. 6452-99 ... -- 1:'.1 11 "40 "'7-M1 10 nSIJ J-2Jto na4 6 I7IJfJ 5".,. 2 @ r?4 ,@ noD 3J .1J o ~ o 1 39 ~ .tt . 37, IU. 36 . Of . OWN!:.: FROM: TO: ~ 1 2,.;J ;,~:~~ ~ ',:.. >- r..;, ~ 2~~:: 11 I ",.u' 20 E--c 11 ! ~ _ _ "'4' n61 ii" ~ \ ~ 6,d 28 10 ~ 21 10 ~ 175' +" n4$ (') .10 114. n41 I'NI 11..1 27 A 1141 174'~. n31 tn 7 41' .}. 5 7 9 11 9 9 i:E 22 9 ~..... ...- =--- (1',0 -- 0 t) ~ .. 113$ 1740 0 173"1 ~ 8 26 ~ 5 , 'J ~ 8 r_' 8 7 11'?3 2~"" 8 (1~' 11,!J C \,,;' ',-- CATH~NE I"'-- 1131..... 1134 [/"0/ ~ 9 25 .., '" ~I , "2j U 24 Z t"f1 ~ '" Af~ I: 6 9100-~la~ ~.M ~ /''129 r;; 7 (2~~ 11"'0 24 ~1A'~tli ~~20 ~ ~ 6 he 1'1.15 ~ 6 \'J 11 '__ 2~ 22 66-~6 19 ,.,: ~ f79A j ~ 25 s;: ~ ,1 ~ t 2 I J I, m; ~ 5 hJ to- 1 2 J 4 5 'I 1 'i t; 15.. 11141-11 ~ '!t7Z2 en! ~ :J ~ @ 3l ,~ ! 4 _~ --1 '- ~ Ii ff ~ ~ e404-1O. r,.,." ____ - ~ Sf JOHN .. I S 51 JOHN DRiVE ..-'.;'11 ~ [V~ ~ J J --II) i 14-ew If" ~ to t)... ;1 ~ I7Il ,tot 2 tn' "t~ Jti,i 'sa ~o~ }2 !7 16 18 ~ 20':l ~22 '1!24;; 26 ".o~ :: 170'Q) . . '7 ~~ 11 13 15 17 11..~ I 21 23 25 i I 1 00 1 3g 5L ~ n ~ i ijr~! ii ~ .......... . I.I.~. n. Ii 1 :2 i & 10 12 14 6 i i PA RK 8 i 14 1 J 15 .... ~= F f\I= '" C) 2 c-. 1611) ~- 18 I g\ t ot ft ,,"4 ~, ~ !i '119 1725 1 ~: ..~ o 10 28 0I4( ~ . 2 '" ~ , I. 27 ~ ~ 1 I i 17m 60 s. R. 5 9 0 - ~Cli "" ~ 2( 3.:1"" ~-l_. 60 ,~ij \ '!!_ M'/4 _ HJ13' ;, 19 .. ~~.~. . JJ 2 . . ~ ~ . :;;.. l:CU ~ ."~\ >~~ .. ~..:5 .;.~ 160~ 3 18/)6."N!\..: . 1804 It.I ! MOS !Q ~ 17 ,.. 24 ~ I ,31 . .4- CD P . liD( fE 160'_, ~ JQ':' ~ 180~." l . 16. I 25 I, .. v ~ ~. ". 5 ",.~ :; .: . ~ .... ~.. I$HJ Ui,!'. .":. . 1614.&~" ....., 't t5 .:.~6:.~9,~'.~E~. .:.. ,. .' ,.' ,.... Z ........ ...... 16'~ . ..'_. ..... ,~,~ ~. . i2i>':~8~' ~.:. l>', "6rs': ~~.'.:' ~~50 .:. i':':" ..... . ;..t...:.. 60 , .\)~.... : (.) .'\.. ... <. ........ ./~"'... ~ 4 S J~ ~ i ~:...: : :l~:.::. . . 2 1 f .. ~ '. ~~. 12/02 . 1641 . i) l~ -. .;'.:t.,. ... rn 1431 t'i ~~~:- "":'.': .': -.' .. ~~ 5 ~ A 1~ "....1tU C. Kl$Y;" . iCJHj IB2t ~ SA ;:. ~ .. -. ,:.... S'" . . 1 6""'; 6A. .... . ~---1 j7 '~"-, ....~2.... a::",~~ .... . ..... . ~ ~ 01' .-<:~'.~ ~} '101 ' '. '. i. t. ~ -<~:~} t60~ C; BA t lA ~.:'l..' .~. ." .j":, .' ~ ;~.._~ z 1 ". . ,- : . . . . 8 IN L.....I 1656 I~ _/ :.:: ~..'/IO .::.,~. ",. .":, : ;:'>':~ ~ . '.' d ~ /' I:::"~ ~i :..', ~'.' '. :: :...~~.4 ~ : ,,:.,. .'",.', ..... ..... ", J--_ 9 1[l~~I~ 11 ....'.'. .,.... ....._- '00 =: ~ 0 :;;:;-.;.';::' n.i..~~:.~.":'...'::' 'i.: .'.:. /',...- ~ 12 ~ :.:.~>;.. .:'.;:.'5'~"~: .::: . I ( . r'" . " tu ..~' f-< 9 ~ PR.OPOSED ANNEXATION AND ZONING CLASSIFICATION MARIE SEITER 2838 S.R. 590 CLEAR WATER, FL..33 7 59 LAND USE PLAN ZONING Residen tial low R - 3 Residen tiol low LMDR ANI:: 99-08-16 PROPERTY DESCIIPTION: LOT 11. BLOCK 0, VIRGINIA GROVE TERRACE 5th ADDI nON PIOPEITY SIZI ACRIS: ..., IlaUo"-".}: ACRES: SIC: 5 TWP: 29S RANGE: 16E ATLAS PAGE: 2648 COMMlJNITY DEVELOPMENT IOAID: S(PTO.f8(R 21. 1999 CITY CO MMISSION: OCToorn 21, 1999 Fae No. A99-t6 Prepared by: EA- Public Works Administration Ordinance No. 6452-99 ~ , .- , . '. .j.'" ." .' . . -- , '~". '~. '. .., '. ~ ; -... Item #10 Ogeoo < " 'c '.,.,' " ,',.' . ..' . I , .. ' . . '. " f'~" . .' I' ,J i " . .' " (I) rL1)~ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meating Date: 10 October 21,1999 SUBJ ECT/RECOM M EN DATION: · Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1426 Sunset Point Road; Owners: Townsend Constructors, Inc. MOTION: Approve the Petition for Annexation. Land Use Plan Amendment to Residential Urban and Zoning Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 5, Sunset Highlands Unit 2. and pass Ordinances No. 6453-99, 6454-99 & 6455-99 on first reading. (ANX 99-08-15) [gJ and that the appropriate officials be authorized to execute same. SUMMARY: · The property owners have requested this annexation in order to receive City water and sewer service. The property will have a land use plan designation of Residential Urban and the proposed zoning is Low Medium Density Residential (LMDR). The site is currently vacant. Upon annexation, the owners desire to build a single family home at the subject site. . Water and sewer service will be provided by the City of Clearwater and capacity for the project is available for both utilities. The closest water line is immediately adjacent to the property in the Sunset Point Road right-of- way while the sewer line is located at the rear easement of the subject site. . The proposed annexation and proposed use are consistent with both the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. . The proposed annexation is consistent with Florida Jaw regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. . The Community Development Board at their regularly scheduled public hearing meeting of October 5. 1999 unanimously recommended approval of the annexation, comprehensive plan category of Residential Urban, and Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code Reviewed by: Originating Cept: Costs Legal Info Srvc PLANNING AND / Total DEVELOPMENT SE S Budget N/A Public Works UserDe~ Funding Source: Purchasing N/A DCM/ACM Current FY Cl Risk Mgmt N/A Other Attachments OP STAFF REPORT Other ORDINANCES NO. 6453-99, 6454-99 & 6455-99 Submitted by: "Il.~ I' ~ City Manager ~ ~~ Printed on recycled paper o None Rev. 2/98 aa:1! ~''''''- -_ -11I'- -'1::::.....--. ---- I . . I' -f , /,. '.' (",' , .. COB Meeting Date: September 21, 1999 Case No. ANX99-08- 15 Agenda Item: IV.B. CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT GENERAL INFORMATION OWNERS: Townsend Constructors. Inc. LOCATION: 1426 Sunset Point Road, approximately 340 feet east of King's Highway and IlO feet south of Wilson Road REQUEST: To annex the property into the City of Cleanvater at the request of the property owners and approve the appropriate City land use plan categol)' and zoning district. SITE INFORMATION PROPERTY SIZE: Dimensions of property: 8,625 square feet or 0.20 acres Lot width 75 feet by 115 feet deep PROPERTY USE Current Use: Proposed Use: Vacant Detached dwelling PLAN CATEGORY Current County Plan CatcgoI)': Proposed City Plan Category: Residential Urban Residential Urban ZONING DISTRICT Current County Zoning District: Proposed City Zoning District: Residential Single Family District (R-3) Low Medium Density Residential (LMDR) ANAl, YSIS The property owners have requested this annexation in order to receive City water and sewer service. The property will have a land use plan designation of Residential Urban and it is proposed to be zoned Low Medium Density Residential (LMDR). The subject site is currently vacant. Upon annexation, the owners propose to construct a single family residential home. Further, this annexation \\ill also result in reducing the number of existing enclaves in the subdivision. ..1 - I ,. " .' " ~. " ' . ." . ",f . , COB ANX 99-08-15 September 21. 1999 Page 2 I. IMPACT ON CITY SERVICES Water and Sewer Water and sewer service will be provided by the City of Clean\'ater and capacity for the project is available for both utilities. The closest water line is immediately adjacent to the property in the Sunset Point right-of-\vay. The closest sewer line is located at the re<lr casement of the property. The required sewer impact fee of $900.00 for the subject property was paid by the applicants on August 9, 1999. The applicants will also be responsible for the tap fcc, utility deposit and the cost to extend the lines from the right-of-way across the property to the structure. Solid Waste Collection of solid waste will be provided by the City of Clearwater. The City has an intcrlocal agreement with Pinellas County to provide for the disposal of solid waste at the County's Resource Recovery Plant and available capacity is available to serve the property. Police The property is located within the West Police District and service will be administered through the District 2 Station located at 645 Pierce Strect. Community policing service "ill be provided through the City's zone system and officers in the field. The Police Department has stated that they will be able to serve this property and the annexation will not adversely affect police service and response time. Fire and Emergencv Medical Services Fire and emergency medical services will be provided to the property by Station #.t.5 located at 610 Pierce Street. The Fire Department has stated that they will be able to serve this property and the annexation \\ill not adversely affect fire and EMS service and response time. In summary. the proposed annexation \\ill not have an adverse effect on public facilities and their level of service. II. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN The Pinellas County Comprehensivc Plan and the Countywide Plan designates the site as Residential Urban whose intent is to recognize urban low density residential areas. Residential uses are the primar)' uses in this plan categol)' up to a maximum of 7.5 dwelling units per acre. Other permissible uses in the Residential Urban plan categol)' include Public/Semi-Pl.lblic uses. schools. and Recreation! Open Space uses. The annexation does not propose to change the Residential Urban plan category and the proposed use is consistent with the uses and density of this plan categol)'. Further. the annexation promotes infill development as stated in Objective 2A of tile Future Land Use Plan: 2.4 Objective - In considering e:-..1ension of service and facilities. Clearwater shall actively encourage InfiIl developmcnt. II> COB ANX 99-08-15 Scptcmber 2 I, 1999 Pagc 3 In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in the Future Land Use Map and the goals and policies of the Plan. Ill. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOMENT CODE AND CITY REGULATIONS The appropriate zoning district under the new Community Dcvclopment Code is the Low Medium Dcnsity Residential (LMDR) District whose dimensional requirements are consistent with the surrounding development on this site. The application for annexation covers a vacant lot which is proposed to be developed into a detached dwelling unit. Detached dwelling units arc required to have a minimum lot size of ;,000 square feet in the LMDR zoning district. The subject property has a lot size of 8.625 square fect which is more Ulan the minimum lot size requirement of the LMDR zoning district. Moreover, a review of the proposed survey site plan indicates that the site and the proposed new construction can meet the dimensional requirements of the LMDR district as a standard development. IV. CONSISTENCY WITH THE COUNTYWIDE PLAN Therc is no change requested in the Comprehensive Plan category of the site that will remain Residential Urban \\iLl! a maximum density of 7.5 units per acre. According to Special Act 88-464 which established the Pinellas Planning Council, annexations of less than 10 acres do not require the review of the Council nor of the CouIlt),,,idc Planning Authority. Therefore, due to the small size of this propcrty, review by the PinelJas Planning Council is not required. There are no other Countywide Plan policies applicable to this application. V. CONSISTENCY \\'ITH FLORIDA LAW Florida Statutes rcquire that a proposed annexation be both contiguous \\;th the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171), This property is contiguous with the existi ng City boundaries to the north, west and south of the propcny and represents a logical extension of the existing boundaries. The compact standard of Florida law requires that the annexation does not creatc an enclave or a serpentine pattem of municipal boundaries. The annexation of this propcrt). is consistent with this standard and no new enclave will be created by annexation of this propert)'. The approval of this application will eliminate an existing enclave. In summary, the annexation of this property is consistent \\lith Florida law. SUMMARY AND RECOMMENDATIONS The proposed annexation can be served by all City of Cleanvater services. including utilities, police, fire and emergency medical services without any adverse effect on the service levcl. The applicants havc paid the applicable sewer impact fees and they are aware of the additional cost to connect the property to the City utility systems, The proposed annexation and proposed use is consistent with both thc City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map as well as goals and policies. The property \\ill meet the minimum lot size of the Low Medium Density Residential zoning district. Finally, tlle proposed annexation is consistent \\ith Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. .. COB ANX 99-08-15 September 21, 1 999 Page 4 Based on the above analysis. the Planning Department recommends the following actions on the request: 1. Recommend approval of the annexation of the property located at 1426 Sunset Point Road 2. Recommend approval of the Residential Urban plan category pursuant to the City's Comprehensive Plan. 3. Recommend approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Prepared by Etim S. Udoh. Senior Planner Assistant Planning Director Approval: ~ f&y . Planning Director Approval: Attachments Application Aerial Photograph of Site and Vicinity Land Use Map Zoning Atlas Utilities Maps I ,. . r . , , '. ~ ORDINANCE NO. 6453-99 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110 FEET SOUTH OF WILSON ROAD AND 340 FEET EAST OF KING'S HIGHWAY, CONSISTING OF LOT 5, SUNSET HIGHLANDS UNIT 2. WHOSE POST OFFICE ADDRESS IS 1426 SUNSET POINT ROAD INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS. the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: lot 5. SUNSET HIGHLANDS UNIT 2, according to the Plat thereof as recorded in Plat Book 41, Pages 70 and 71, Public Records of Pinellas County. Florida (ANX 99.Q8-15) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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 PinelJas 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 Brian J. Aungst Mayor-Commissioner Approved as to form: lv;<< '.Y~J.tZ Leslie K. Dougall-Sid Assistant City Attonley Attest: Cynthia E. Goudeau City Clerk 40( Ordinance No. 6453-99 - 93' ~ '932 61"- 70 925 '926 60 71 122 '251'261'27 . 61J14~ 130 ~ 'n~~N ClRa..E ~'o 132 ," t 'I: 133 1. Vl'ot; 1114' ~ 1~4'::X: 19U 49 S 5-4 lur ::C. 1938 48 55 ~ --' . 1931 >~ /1'93.2 ~ ~~ 56 -< %'25 Z 19241 / 46:::;t 57 60 -- I 19" v.. '920 -< 9'9 45 58 ~ m ~ m -- 'i44 i43 6.3 (.'&'J 68 59 au :J Z ~ 1325 119 ~ ,g! 60 7") 721920 ~ ,g,v ~ ~ 29 <J Aa $ l: 31 \.J2 ~ " ~ :! \~ 6 ~ ROAD .-"" ., Sf aL i; ~ ;; ~ ~ H:b ~.A ~D~ :t'8 IiVI1 h162 .. 15 41.-7U ...6 7 8 9 ~ ~ ~ ~ ... ~ ~OUNTv~ POINT (LLAAWA fER 116 77 r- 1944 ,S43 ''It '931 ~ 11 7 76 :0 1938 ,~ 118 '''75 "'" ~ '9~ 124 U1 193' ,::., ~ 69 IU1 12.3 !"" 1931 V 121 ,9 120 ,~~ ~.., 33 ., ~ ~ ~ ~ 3-4 ., 4~ 1913 20 ~ - 26 27 lI:I o ~~ 2 28 ~ .. ~.. 35 \ 4- '916 ~ MLSON 10 o .. - ~ .... .... .... 10 (II) loC) .. ... , ... --- 13 1904 1900 2 c 36 4( 1909 ~ 3 ri .. - o ~ 25 i 1 Of JC JJ ~ ClII I/) &( ~ 24 ~ 23 ~ 22 -su ~SE' I-- 37 1906 4 o ~ - 2 3 ill 4 ~, ~ <D 11 o o .... - 50 .38 2 .... ... o ltl SUNSET C. R. 576 :>AD ~ ....._--------, I JJ Xl 1899 ; ~ M ~ ~ ~ ~ ~ 1 - cD'" J~ - -I"')..:! I B C ~~ ~~ ! :~~, ~ ....0 1 ~ ~ Mas ~ ~ !~~~ ~~~:1~~ l~:~t 'i '~ 1~ '~ 'i lj~ I ~ ~:fO~ SI)RJN 6 lANE ./ I~ 2 ,.. /' I 0:: .... 1/1/45 ~ t:: ~ ~ ~ =1 ~ ; ~ ~ I..., ~SfJR1NG ~..... ~ 85 ;!: 86 ~ B7;!: j_.... ~ 90 ~ 91 ~ 92~ 93~. 94 1.-"1, !It""" 83 ~~~!'f we 00 I '814 ~ 18 24 ~ 82 81 80 79 78 77 76 75 74 73 72 I ::l ~ ~ ~ I: ~ ~ ~ ~ ~ ~ \D :c UHI 1B41 ~ ~ ~ .... .. .... .. ~ ~ ~ I ~ it ...,... - .... "'- ..... ... ... .. ... ... ... ... I ~ i: 25 ~ 1954-3 32/02 32/ 1) 101h"' " 4IIQ oe '...... ~ ~ CD 9 ...... 10 ...... ~ ... I8U 8 '85' IlJd 7 '646 lU 6 ~ 32/ 32/ 71 '840 1841 5 1835 32/ .-..... .~,.. . "..,.. PROPOSED ANNEXA TION AND ZONING CLASSIFICA TION 1'110M: TO: TOWNSEND CONSTRUCTORS, '426 SUNSET POINT ROAD CLEARWA TER, FL. LA ND 1lSE PLAN RESIDENTIAL URBAN RESIDENnAL URBAN INC. ANI: 99-08-15 PROPERTY DESCRIPTIQN: LOT 5, SUNSET HIGHLANDS UNIT 2 OWNER: ADDRESS: ZONING R-3 LMDR PROPEITT SIZE ACRIS: 111't.er-W.,: SIC: 2 TW': 295 1.21 ATLAS PAGI:252A ACRES: IANGI: 15E 4:0....UNITY DEVILOPMEMT ROAlD: Sf:PIDCBER 21, 1999 CITY COMMISSION: OCTCHR 21, 1m Fae No. 99-15 Prepared by. EA- Public Works Administration EXHIBIT "A" Ordinance No. 6454-99 . .~' .. .-f.> w- . " '. '..," , .J' '. , . ,I 'I '\ '," ..... ORDINANCE NO. 6454-99 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110 FEET SOUTH OF WILSON ROAD AND 340 FEET EAST OF KING'S HIGHWAY. CONSISTING OF LOT 5. SUNSET HIGHLANDS UNIT 2. WHOSE POST OFFICE ADDRESS IS 1426 SUNSET POINT ROAD. UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive plan; now. therefore. BE IT ORDAINED BY THE CITY COMMISSION 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 5. SUNSET HIGHLANDS UNIT 2. according to the Plat thereof as recorded in Plat Book 41. Pages 70 and 71. Public Records of Pinellas County. Florida. Land Use Category Residential Urban Section 2. The City Commission 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. 6453-99. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Leslie K. Douga -Si' Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6454-99 125 1'26 l' 27 . 61:!4~ I~O~ '4~~LAN ORaL -' -:.-:---- rt4' ..:3 "43 :I: "44 ~9 ~ 54 "31 ~ 'S3a ~8 S5 I~ ~I"'"". '93' ~ ~.!l ~ ~::ri 56 < JUS Z '928 / <46::> 57 ~- I ,9U". '920-< ~5 58 ~ CD ~ CD 124 116 77 r- ffJU "43 ..,. '1I37,l 117 76 ".01 '11M _ It) 93' ~ i'uz 1~ 118 61 .- 70 ~ 75 ~ "S!.. 926 '9~ ~ ,su 17,9, eo 60 71 74 lf1 ' ,9 60 j '920 en t1U~..7 ~ 72 ~ 71 120 ,Ii 27 ~ '" ~ 28 ~ 29 ,~) Ao n 31 \~2 WLSON JlI ROAD ..-" tl ~ ~ ~ 01 ~ at E; I~,J ~ ~ \i; ~ ~ ~~ul1s~, ~22 HIG~A ~D~ ~18 11)7I') ""162 15 2 .~ 41.1-7U 3 4 6 7 8 9 '" ~ I :: III ~ 0 :;.. ~ ~ .. It) ... .... ~ "CooNl ~ SUNSET POfNT -( UAAW.A I"ER U3 ,'U 63 en 68 131 19U ~,,~ 69 '131 12.3 ,i.s, VAt:. .. 122 .1. 121 ,IIV' ~") .33 ~ 9,S 59 ~Ii 34 ~ )- '9" i: ~ .- --- ~ ~ cC ~ 26 20 i.. ~ 13 1904 1900 2 <D 11 ~ ~ ... o 01 01 ... 10 co It) .. .... II) o '" ... o ." C. R. 576 JAD ~ -------~---, pJ:ID 189S i ~ ~J! I B C b 8 I ........ ........ ~ I :::~ ~ ~ 32/05 I 29 ~ : 0 I 1857 ~ ~tIA.]~t1:~ 18 17 16 15 14 13 1~ 1.~~~ClI ~~ ~~~..~ ~:1 ~ ~ ~/~...~ 11:5 I '" ~RSG 27 ........... 1- ... ~ ~ ~ ~ ~ I ~ ~~O" SllRlN lANE / I~ 2 r I II!: r-.,ltR.fS ~ t:: ~ ~I -~ ~ :; ~ ; I;.., IOSPRING ~ I~,. ~ 85 ~ 86:! 87- -_...~ 90 ~ 91 ~ 92;': 93~ . II'"> I 4h.11:' 83 we 0 D I '844 141 I 24 ~ 82 81 80 79 78 77 76 75 74 73 72 I ~ ~ ::'J '8(' ~ ~ :: ~ ~ ~ ~ ~ ~ ~ I' < 7lmI ~ ~ ~ ~ ~ ~ -- ~ ~ ~ IE ~ 25 ~ J . ~ N I"') :g ~ ~ ~ ~... ". ~ ... ~ - -- o ....... N ", 32/02 11 10Ih'''''- ~ = ~ 9 ., ...... 10 --.... ... ... 8 1851 94- 184' 7 1844 164$ l&J 6 71 ~ '84' ,S4() 5 - IUS .. . . . ...,... t ,..tr ~fo 132"'" ~ " 133 l-- 4~ 35 \ ... lil'S 36 1908 37 1906 60 38 2 ... .. i; .. 4- 32, PROPOSED ANNEXA TION AND ZONING CLASSIFICATION OWNER: TOWNSEND CONSTRUCTORS. INC. ANI: 99-08-15 ADDRESS: '426 SUNSET POIN T ROAD PROPERTY DESCRIPTION: CLEARWA TER. FL. LOT 5. SUNSET HIGHLANDS UNIT 2 ~D tISI PLAN ZONING FROM: RESIDENTIAL URBAN R-3 PROPEITY SIZl ACRI(l: 1.28 TO: RESIDENTIAL URBAN LMDR lla.t-.f-v.,: ACJlES: ATLAS PAGE:252.A. SIC: 2 fliP: 29S IANGI: 15E COMMUNITY DEVELOPMENT IOAID: S[P1UCB(R 21, 1999 CITY COMMISSION: ocroom 21, 1999 1954-3 32/ 32/ .32/ rae No. 99-15 Prepared by. EA- Public Works Administration Ordinance No. 6454-99 9RDINANCE NO. 6455.99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING - CERTAIN REAL PROPERTY lOCATED APPROXIMATELY 110 FEET SOUTH OF WILSON ROAD AND 340 FEET EAST OF KING'S HIGHWAY, CONSISTING OF LOT 5. SUNSET HIGHLANDS UNIT 2. WHOSE POST OFFICE ADDRESS IS 1426 SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS. the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION 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: Prooerty Zonina District Lot 5, SUNSET HIGHlANDS UNIT 2. Low Medium Density Residential (LMDR) According to the Plat thereof as recorded In Plat Book 41, Pages 70 and 71, Public Records of Pinellas County, Florida. (A NX 99-08-15) Section 2. The Planning and Development Services Administrator 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.6453-99. PASSED ON FIRST READING Ordinance No. 6455-99 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: . Cynthia E. Goudeau City Clerk Leslie K. Dougall-Side Assistant City Attorney . ,I. ';. I . 1 . .., \' ", ..... .:. I: . . .\,' ... /I. .J""...'., ';,". " '. " .' t I tJ....._ '.:., . .. ' " -,,-.......- _YAC ru, ~ lif 3:X:: IIU 49 ~ 54 ran::r; 19~ 48 55 .--- -- . IJ31 t:"""";;"" ~ ~~ 56 ~ ,65 Z 1928 / 46::> 57 -- I "" v.. 1921) ~ 919 45 58 ~ a::a ~ a::a 12 5 ~26 l' 27 . 13 1 ~30 tlf 61-43 ~ '~"s H'GHfA"N CIRClE 'I.':J 132 ~ ~ .. 133 116 liU 124 i43 li44 63 ~ 68 77 r- 1943 ~ "37 J, 76&0 I~ 75 IU1 123 117 IIU In 1931 .:., ~ 69 1831 118 ,931 122 931 S 1131 ~ 61 70 Z '9U- ~ 1925 119'9 71 60 74) 1920 V) "'71 72 9 7 0:: 27 ~ so ~ 28 ~ 29 ,....~/;:O ~ ~ 31 \~2 ~ if' ROAD .-' ., lM ot ., ~ 1/)... ~ ~ :l ~ 10 ... I/) ~ ~2'" J 21 ~. ~ ~17 ~ ~SU]ME,,~22 fIIG;.w.~~DS 18 lfNI1 "162 15 .@ 41.-'7U 3... ~6 7 8 9 .. ~ ~ ., tg ~ Q ;: ~ ~.,.. I/) ..... .. ~ "COUNT L,~ SUNSET POINT CLEARWA 1t.H 60 925 60 .1'. 121 ,9 V' ~~ 33 ,~ 1 20 ,tt~ 59 ~ 34 ~ ~.. 35 \ ... '''5 WILSON 4 .36 4 0 .- ..--- ~ 1909 ~ 13 < 37 4 1S04 ~ 1906 1900 rt 2 38 ~ 2 ~ 60 .. ... 2 <D 11 Q co ." .. GO o ~ - 10 10 In .. ... ~ ~ -------..---., 13J}() 1899 ..... ~ 1.0 ~ ~ ~ J~ v ~ I B Coo 0 I ........ '- ~ ........ I Itr" N ~ 32/05 N I "2'9 ~.o I'" .., ~ ,E2"l!f''!iI~I~''~I~ Ii I~ Ii 1~ 1~ lV~ ~ ~o~/, SSIRfN LANE/ ~ :l.)~i"-.'R45 ~ t:: ~ ~ ::1 ::~ ; ~ ~ .., ",SPRING ~ n.. ~ 85 ~ 86 ~ 87~ ~~ ~ 90 ~ 91 ~ 92:! 93" I ANt:' 83 -uu~"1"'WCOD lau &AI 8 24 ~ 82 81 80 79 78 77 76 75 74 73 72 :J ~ ~ ~ Ie ~ ~ :J ~ ~ ~ 'f i 1840 1841 ~ ~ ~ ~ ~ :! ~ ~ :t ~ ~ t 25 C. R. 576 JAD ~ ~ ~ ~ ~ ~.... ....."., ... .... o ........ N ,." 1954-3 32/02 11 101;(''''- tQ tie .... "II) 1III9 ..... ........ II) ..... .. ... ...... ....... , ...,,. 8 1851 94 1849 7 18U 1846 kJ 71 ~ 6 1841 1840 5 - IUS -- PROPOSED ANNEXA TION AND ZONING CLASSIFICATION OWNER: ADDRESS: TOWNSEND CONSTRUCTORS, 1426 SUNSET POINT ROAD CLEARWA TER, FL. LAND USE PLAN RESIDEN TIAl URBAN RESIDEN TIAl URBAN ACRES: IANGI: 15E INC. AN:!: 99-08-15 PROPERTY DESCRIPTION: LOT 5. SUNSET HIGHLANDS UNIT 2 FROM: TO: ZONING R-J LMDR PIOPIITY SIZI ACRIS: IlJ.t-tf-'I)': SIC: 2 TYiP: 29S '.11 ATLAS PAGE:252A COMMUNITY DEVELOPMENT ROAlD: SEPro.tOCR 21, 1999 CITY COMMISSION: OCTao 21, 1999 file No. 99- 15 Prepared by: EA- Public Works Administration Ordinance No. 6455-99 1. "-- 4~ 321 32/ 32/ 32/ #' . '. 'tr. . .. . -, . ~. b" "." I .. ,., ...~:. . paperwork for Item # 11 moved to . 11-4-99 O?7~ . ",..... " I ' \, ," ; f',t , , . . " . ;;2'" ctR . ORDINANCE NO. 6447-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 138 FEET NORTH OF DANIEL STREET AND 120 FEET WEST OF CHARLES AVENUE, CONSISTING OF LOTS 6 AND 7. BLOCK 1. ACKER'S SUBDIVISION. TOGETHER WITH ABUTTING RIGHT-OF-WAY OF STATE ROAD 580. WHOSE POST OFFICE ADDRESS IS 2729 AND 2733 STATE ROAD 580, INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. 1;;( WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now. therefore. BE IT ORDAINED BY THE CllY COMMISSION 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 Exhibit IB- attached hereto. (ANX 99-07-13) Section 2. The provisions of this ordinance are found and detennined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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 October 7, 1999 PASSED ON SECOND A~~D FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: -k Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6447-99 i.' 0" .' /. . '., .~ , .,.. .:,. ,. ,~. <"~, , . .', ' .':. " . \ '. . , . . , . EXHIBIT "S" Id.- Lots 6 and 7. Block 1, ACKER'S SUBDIVISION. according to the map or plat thereof as recorded in Plat Book 30. Page 91. LESS that part described in Official Records Book 8100. Page 1993 and Page 1997. all of the Public Records of Pineflas County. Florida. TOGETHER WITH ABUTTING RIGHT-OF-WAY OF STATE ROAD 580. Ordinance No. 6447-99 6j .. 1~. : I ~ ~ rJ i 4 Z997 ~ 0 .. If) 12 ... ~ 60 ~ IQ 31 2993 11 2969 20 29tf5 . a - , r: . 10 . , , , , .. , , , , , , , "'IlIf 41\ ',....._.,. I I ' r J .. ' ",./ .-, " ,)". I " , , .. , ',' f-" "".,'" . I ' 't ,',..... " "-) - , , f-' ,,,' ) '\ , , , , , , ,. , , I v , " _\ ."-.., - .'" # ....'-.' "...,' " " .I' , ,-\, " 1 ' .I,,' '''J ,-..... I , , , , f-' I ,",' ,',.. I \ tI " , , .. , ~' ",I' ,'~' , " , I' \ ,~' ,,~' , ,., ~.., \ .I" .~ ," .I,' ~ I' " tJo~" , ,',' q ,'JII' ,.." ,,' I ... , , , ,_S // , , , , , , , , " , ,. ,. , I ., " ,_\ , " , " , , , " , , , , , , , , , , , ,. " I ., , ,5 t ;g 8 I! I'J 9 I I , I I ~ 9 10 ~ ::' , 1 ~ 2990 ell ~ ~ 81 ~ 8 9 10 11 S.R. 580 :. 26 27 28 ~ :e ... ClQ t 10 fill ~ ~ 0 01 0, 0 DR. CASCADE 00 60 Cll I/) ... ~ fill Q 0 Q 12 ;; 10 0) ., i 11 6() 2673 '4 ~t- 267S 34 1~ AVE. oeD 8041-15 r......-----------1 : 1680: , . '"------------.... r ......--..-.. ---...... -- -...--..- -..--, , I ! 2618 ! , I . . ~.._ ...__ ...__.._..... _..._ ____..___.._4 ,. (~. "., .., . . . ~.. , ......... " 1 : 2652 , . ,-_J THE AT r--." -..- u__...., . f . I : 2664: . . lou. ..__..00.._....1 LOT 1 r--.. I . . . I I I : , . I . i Of j I II) I . ". . 2660 .---. I . I . "-- . ": . . . , , . ...._.._-~ ..- ..---". . . . . , , , . . . , I . , . . ; : i ,- ........ ..-... ---..-..- ---.., . . . f PROPOSED ANNEXA TION AND ZONING CLASSIFICA TION OWNER: RIMOUN F. & ROBIN G. GORIS 2729, 2733 S.R. 580 ANI:: 99-07-13 PROPERTY DESCRIPTION: LOTS 6, & 7, BLOCK 1 ACKERS SUBDIVISION PROPERTY SIZE ACRES:# BI,lat-of-way: 0.23 SIC: 28 TWP: 285 LAND lISE PLAN ZONING FROM: RESIOENn~.L I OffiCE GENERAL P-l TO: RESIDENTIAL I OFFICE GENERAL 0 ATLAS PAGE: 212A .33 ACKES: IANGE: 16E COHMUNITY DEVELOPMENT BOAID: SEPTEMBER 21,1999 CITY COMMISSION: OCTOBER 21, 1999 F~e No. A99-13 Preoared bv: F A- Public Works Administration EXHIBIT "A" Ordinance No. 6447-99 'dY\o.R, ORQINANCE NO. 6448-9' AN ORDINANCE OF THE CITY OF CLEARWf,TER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PlAN OF THE CITY. TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 138 FEET NORTH OF DANIEL STREET AND 120 FEET WEST OF CHARLES AVENUE. CONSISTING OF LOTS 6 AND 7. BLOCK 1, ACKER'S SUBDIVISION. TOGETHER WITH ABUTTING RIGHT-OF-WAY OF STATE ROAD 580, VVI-IOSE POST OFFICE ADDRESS IS 2729 AND 2733 STATE ROAD 580. UPON ANNEXATION INTO THE CllY OF CLEARWATER, AS RES/DENT/AUOFFICE GENERAL; PROVIDING AN EFFECTIVE DATE. 13 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 CllY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1.. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See Exhibit "A. attached hereto. ResidentiaVOflice General Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Ordinance No. 6448.99 Section 3. This ordinance shall take effect immediately upon adoption. contingent upon and subject to the adoption of Ordinance No. 6447-99. PASSED ON FIRST READING October 7, 1999 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk .1. , . ' I ,.'. . , . 1 I \ .,.. ~ . .'" '.... - 13 EXHIBIT "A" Lots 6 and 1, Block 1. ACKER'S SUBDIVISION. according to the map or plat thereof as recorded in Plat Book 30. Page 91. LESS that part described in Official Records Book 8100. Page 1993 and Page 1997, all of the Public Records of Pinellas County. Florida, TOGETHER WITH THE ABUmNG RIGHT-OF-WAY OF 8T ATE ROAD 580. PARCEL II: lot 7. Block 1, ACKER'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 30. Page 91. Public Records of Pinellas County. ,Florida. LESS that part described in Official Records Book 8100. Page 1991. all of the Public Records of Pinel/as County. Florida, TOGETHER WITH ABUTTING RIGHT-OF-WAY. Ordinance No. 6448-99 6j ...",~, ',....'-' I I ' r J , " .../ ..-, , ,,',. I " , , .. , ~ ~ f-" "..'~~ ,.....,', I( "" , '-~ ~ ~ f-" ,',' } , , , , , ' ,. , , I . ~ '_\ ".-. .. ,.' ........'- ".' .. t ~ B ~ fJ 9 . , ~ ~ , , , , ~ , , , , "-, / , " " " , , , , f-,' ", ) , " ",^J '-*' /' , , f-, I ,~,' ,',. I \ ,/ ;,.. \ ~'" \ ,',' ,',' (-, ' /',' ^ ",,' ,'.. I \ "~" 1"" \ ".(:' /' " ',' ~ ", , , , ~..." , , , ",' n~ ,,, , , ,. ,', ',',' ,',' I""" ,/ " ,_\ ,',' ,',' , , , , , , , , , , , , , , , , , , , , ,.. , , , , I W (' ~',' '-> , , , , , , , , , , , " ,. , , I " , '_\ I- ~ I ~ i 2997 1: 0 eo 12 2993 11 2989 2985 10 15 ~ ~ 4 .. II) , " ~ ~ 31 , , , , , ~ , , , , , , , , , , , , , ,. " I ., , ,5 20 ~ 2 1, t 9 10 ~ Ot ~ 11 ~ 2990 Ot ~ 8 9 ~ 10 11 S.R. 580 3 26 27 28 ~ Ie .. ClQ OJ ., ClQ (:) ~ ~ a 0) 0) 0 CASC,4.()E <D 60 '" co ClQ 0 0 10 0) 0) i 11 74 ~t- 2615 AVE. OCO 8041-75 ,...---------, , , : 1680! , I ....--..-------.1 ,..--...--..-...... --.- ..... ---, . , ! 26'18 I , , , I ...-...... ....--.... -.- ...... -_._-..~ ^ (,. .~ ....... ....~..... ," ~ i 2852 '---' OR. THE AT ... (:) 12 ;; ,.__._... .___u.n.' , , . I I 2664: , , '-...__.__.-._......1 2619 .3.3 .......---.. , I , I , , , , . I , I . I , I : = i LOT 1 r---... I , I . I , I . I . I . , . , . , I I CIf · " CD I ....! 2660 ,----, . . I . "'-oJ . . , , , I "-----,, GO 2613 34 r'" n_... .......... ." , , . , 1 "( PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: RIMOUN F. & ROBIN G. GORIS ANI: 99-07-13 2729, 2733 S.R. 580 PROPERTY DESCRIPTION: LOTS 6, & 7, BLOCK 1 LAND USE PLAN ZONING ACKERS SUBDIVISION FROM: RESIDEN TIAL I OFFICE GENERAL P-l PROPERTY SIZE ACRES:# .33 TO: RESIDENTIAL I OFFICE GENERAL 0 Rlallt-.'-w&,: 0.2.3 ACRES: ATLAS PAGE: 212A SEC: 28 TWP: 285 tANGI: 16E COMMUNITY DEVELOPMENT IOAtD: VIEWER 21, 1999 CITY COMMISSION: OCTOBER 21, 1999 File No. A99-13 Prenored bv: F A- Public Works Administration Ordinance 6448-99 t ' . " ' "' ~ t' ol. . __, f . ',.,' ". '1' d. '(\A (Z. QRDINANCE NO. 6449-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 138 . FEET NORTH OF DANIEL STREET AND 120 FEET WEST OF CHARLES AVENUE, CONSISTING OF lOTS 6 AND 7. BLOCK 1, ACKER'S SUBDIVISION, TOGETHER WITH ABUTTING RIGHT- OF-WAY OF STATE ROAD 580. WHOSE POST OFFICE ADDRESS IS 2729 AND 2733 STATE ROAD 580, UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS OFFICE (0); PROVIDING AN EFFECTIVE DATE. I~ 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 COMMISSION 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 ClealWater, and the zoning atlas of the City is amended, as follows: Property Zonina District See Exhibit MA. attached hereto. (ANX 99-07-13) Office (0) Section 2. The Planning and Development Services Administrator 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. 6447-99. PASSED ON FIRST READING October 7, 1999 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: L.u. Leslie K. Dougall-5ides Assistant City Attorney Attest: Cynthia E. Goudeau City C!erk Ordinance No. 6449.99 "';k' '\ . ' .1' ( >1" ,.' . '. t >'., l;,.i<',J.'....,.vy.-....'._,. I~ EXHIBIT "A" Lots 6 and 7. Block 1, ACKER'S SUBDIVISION. according to the map or plat thereof as recorded in Plat Book 30. Page 91. LESS that part described in Official Records Book 8100, Page 1993 and Page 1997, all of the Public Records otPinellas County, Florida. TOGETHER WITH ABUTTING RIGHT ..oF-WAY. Ordinance No. 6449.99 ".;. t ~ 8 ~ ~ 9 " ," " , , -, -,' ,',,' f, '\, "I" ," ""J '-' , , ~ , I ,,, ,1 f-, I ,',' ,'," ,t,. I \ ~, ~, /'. , ;' ,~,/ \ "..,/',' ,',' ,',' \ I ( , ." , , f ,- , \, '-) ,",,' ~ ,',' ",,.} , "" .~ I' '" , , ',,' ~ " , ' , ~.., , , , ',,' n'" " " , ",. ,', ",',' ,',' I ., , " " , " ,s ," " - , , , 1 , , , " , " , " , ." , , ,/,,' ./,,' ,.. ; , , , I ., , , " ,_\ ,',," , , , " , , " 1 , " ,. , , I ., , ,_\ r,,4lIl, ',....,...' J I ' r' " ,-, ,-, , ,',. I " " .. , ,. ,',' '-", ." ,)..1 , I ( , , ... , ,_, " ,-,' ,',' ~ , , , , " , ,. , , I W , '_\ ...... . .-' "..~,' '.' . ,. , , , , '" , , , , , 1 ~ :: E 9 10 11 o 10 2990 . ~ = = 8 9 ~ 10 11 S-R. 580 > 26 27 28 'It i .. = ~ lQ ~ ~ 0, 0 OR. CASCADE 10 60 II) ... ~ II) Q Q Q 120; 10 0) f') t 11 60 2673 .4 2615 3~ 1'l AVE. QCO 8041-75 r ...-.......... ..--.. -oo..-......---.. ..-.., , I 1 281S I , . . I ......... -. ...... .-.............--.........." r-".---"--"--"'--~ . . : 2680: . I ,,________________1 THE AT ,."... ( ~ ..... l "...." ""--'lio ,.. 1 I 2SS1 ....--' r...n.---..--...., I I I , : 2664: I . L.. ................1 f" - --. .....-----....., . I . , ,.-.....-, . . . . , . . . . I I , . . I . : : : LOT 1 ,.--~ . I . , I I f f . I , I . I . I . . ! t\f ! I co : . "" . 2660 r----' I : L..__. PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: RIMOUN F. & ROBIN G. GORIS 2729. 2733 S.R. 580 ANI: 99-07-13 PROPERTY DESCRIPTION: LOTS 6. & 7. BLOCK 1 ACKERS SUBDIVISION PROPERTY SIZE ACRES:# Rllllt-ef-waJ: 0.23 SIC: 28 l'WP: 28S .33 ACIlES: RANGI: 16E LAND USE PLAN ZONING F)lOM: RESIDENTIAL I OFFICE GENERAL P-l TO: RESIDENTIAL! OFFICE GENERAL 0 ATLAS PAGE: 212A COMMUNITY DEVILOPMENT IOAID: S(Pltt.l8ER 21.1999 CITY COP~MISSION: OCTOBER 21, 1999 File No. A99-13 Preoored b If. F A- Public Works Administration Ordinance No. 6449-99 A W Worksession Item #: Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # ~s J o. ;)..,. <1~ t-P~ Meeting Date: SUBJECT/RECOMMENDA liON: Approve Agreement No. SP530 between the City of Clearwater and the Florida Department of Environmental Regulation providing for the assessment and remediation of orphaned and abandoned sites and other economic /community development projects in the Clearwater Brownfields Area. IE and that the appropriate officials be authorized to execute same. SUMMARY: . Line Item 1272A of the 1999-2000 Florida Appropriations Act provided for $300,000 for the assessment and remediation of orphaned and abandoned and economidcommunity development projects in the Clearwater Brownfjelds Area. . The Florida Department of Environmental Protection is the administrator of these funds and has provided the subject agreement for execution. t"" . The funding will be utilized to Provide Phase I and Phase II Assessments, Site Preparation, Site Stabilization, Removal of Pollutant Storage tanks, Remedial Activities and other activities required to return orphaned and abandoned Brownfields Sites to viable EconomidCommunity Development projects. t~. '\ . ~."~ ~ ..r:' ';'.:1 . The proposed projects include: The continued assessment and remediation of the property located at "108 N. Greenwood Avenue for the future use of the Greenwood Community Health Resource Center. The continued assessment and remediation of a former salvage yard located at 904-904.5 Pennsylvania Ave. for infill housing in cooperation with Clearwater Neighborhood Housing SeNices. Remediation funding or matching funds for the remediation of "market ready sites "that will directly result in economic development or community development projects. ,'..,,1 ;".'=-, J,,' . , t i/' ..~ . .../., -~ ."'1/ ~ . \~: ./ -. , " '.\ ;.!\ , . '.., ' Reviewed by: legal ,P--- Info Srvc N/A Budget N/A Public Works N/A Purchasing N/A OeM! ACM Risk Mgmt N/A Other N/A Originating Dept: Economic Developmen}53y Managers Office ~ User Dept. Funding Source: CI OP Other Costs NI A . .~ I . -. 'y Total ; , I' : vi Cu rrent FY I,. ~:,). :,\\.\ :,;,~; ) Attachments Agreement Available in City Clerks Office .&,~ ': .. . \:. \~. , ...,.t, Submitted by:? _., /I & I City Manager OIM ~ Appropriation Code: o None Printed on recycled paper Rev. 2/98 ~i; ~/./l\ \'-' '- .-r . , . '/ J .," .;.\, 'Ii' j..."i':, ...:.. "'..,., IJI i. ','.' ,> \': ". /'.. \<":'/."'.'('.,.:),.-.- -... '\".,. J' I~ ,-:;..:; . .' v., / ./, .'1/1..' ,.,. , ,0 '. >/'/ ,'('\ " ",.,.,'} '., .. --:-":"';' ..,;,.. _.,..:........~/..' j, . , ' :.;.',:-:./ \ ...)\:,.,.{{~,:.~. i\'~" :.;':...;l(':,<~,~'".,;,~.~, "., ,.:.~~~.:~:,;~", "',~ ~ J \ :.l:~~~t.>.: : S' i \'.. ./~ ..; //, ~ '. '.' '.~\I" \ \ /'" ~- , , -\ '. \.~'..:?;~.., l ; '/ .. : I, ..:::-........ ',.: :..~ . ': " :: II I, ' ~\ i'~ ,t \(1 '~i 1 \",'l' \ / ~ ~; . "'~.' .'. ,;,~.'\.II /;' <;~~ t"t\', ~..~ '.'-, ..,', \ /, ,-. 'v \ /,:'A .i\l'..J-4~~, ',". .... .~. ;'\.: .~...,v /' . ~.;;.t ,~I I '_.U , .'J, " ,,-'{ " 1.'1 I;'\~:.;l'.>;';' I ; ~~;'. !-'::: ) "FF:';"'~ -~~'1' .".;:", ;,: ,I \ I,~ ""';" 'V ,l.,:' ,'~ .;.; . .::;' ";~"~':;:" .L' " I' .~', ..~ ..:: . .: I',. -t- :. '''.'' ' , . ': '.' ":;' .."" :- ....... '. :;,i",.,\ .')/,: ' ,.. I . " ','l' .fl.' '. " , ... . \ ".\ .. Department of Environmental Protection ---"'-~~-'-""'-~ . . ~-t-~' Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Rorida 32399.2400 September 2, 1999 David B. Scruhs Secretary Mr. Miles Ballogg Brownfield Coordinator Economic Development Team City of Clearwater .P.O. Box 4748 Clearwater, Florida 33758-4748 RE: DEP Agreement No. SP530 Brownfields Redevelopment in the Clearwater Brownfields Area Designated in Resolution NO. 97-57 Dear Mr. Ballogg: Enclosed please find two copies of the DEP Agreement No. SP530, for the purpose of providing funding for brownfields redevelopment in the Clearwater Brownfields Area designated in the City of Clearwater's Resolution NO. 97-57. Please have both copies signed by the appropriate person and return one executed copy (retaining one executed copy for your records) to the Department, in care of Roger B. Register at the letterhead address, Mail Station 4505. I look forward to continuing our working relationship in the development of brownfield areas within the City of Clearwater. If you have any questions, please contact me at (850) 413-0062. Sincerely, ~J:;.~~lrt Brownfields Liaison Bureau of Waste Cleanup /rbr Enclosures (2) "Protect,. Consem and Manage Rorida's &Jvironment and NatUral Resources" Printed on recycled poper. . DEP AGREEMENT NO. 5P530 PURSUANT TO LINE ITEM 1272A OF THE 1999 - 2000 APPROPRIATIONS ACT lHIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECI10N, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 (hereinafter referred to as the uDepartmentj and the CITY OF CLEARWA~ whose address is P.O. Box 4748, Clearwater, Florida 33758 (here~r referred to as "Contractor), a governmental entity, to provide funding for the P''.tposes of returning ~vironmentally impaired site!' within the Clearwater Brownfields A:e~ (CBA) to productive C\;ODomic development "SUlU community development 1 ;es. Additionally, the Contractor will u~i1ze the necessary funds to complete ongoing cOJrnTllmity development projC\.--ts in the North Greenwood Neighborhood. The projects are located at 1108 North Crcenwood Avenue and 904 Pennsylvania Avenue. Funding was initia!.~y appropriated for these sites through DEP Ag "eement No. SP499. The Contractor has identified 217 regulator} listed sites within and immediately adjacent to the CBA. The Contractor intends to use the appropriation to provide complete funding or matching funds for the remediation of "market ready sites" that will directly result in eclDomiC development or community developmcct projects. These projects will be identified through the existing Brownfields assessment process, as well as thro~6h Brownfields Advisory Board and Environmental Justice efforts. In consideratio.l of the mutual benefits to be derived herefro~ the Department and the Contractor do hereby agree as follows: 1. The Contractor does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Scope of Services), and all attachments and exh10its named herein which are attached hereto and incoIpOl'Bted by reference. 2. This Agreement shall begin upon execution by both parties and end no later than December 31, 2000, inclusive. In alcordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligtble for reimbursement for services rendered prior to the execution date of this Agreement. This Agreement may be amended to provide for additional services ifadditional funding is made available by me Legislature. 3. As consideration for the services rendered by the Contractor under the terms of this Agreement, the Department shall pay the Contractor on a cost reimbursement basis in an amount not to exceed 5300,000. The Contractor shall be reimbursed on a cost reimbursement basis in accordance with Comptroller Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for reimbursement of travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. <' 5. The Contractor shall submit quarterly invoices in conjunction with quarterly progress reports descnbing the work perform~ problems encountered, problem resolution, schedule updates and proposed work for the next reporting period If advance payment is authorized, the Contractor shall report (and document as required by Attachment B) the amount of funds expended during the reporting period., the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 19). Quarterly reports shall be submitted to the Department's Project Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31. June 30, September 30 and December 31. DEP Agreement No. SPS30, Page 1 of S ~ , . t . ' .' '. . , . ' . 6. Pursuant to Section 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a wammt. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a Contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DCpiulWent of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/410-9724 or 1-800-848-3792. 7. In accordance with Section 21S.4~ Florida Statutes, the Department shall pay the Contractor, interest at a rate as established by Section 55.03(1), Florida; Statutes \.;!l the unpa~( ;'a1ance, if a wammt in pr~nnent of an invoice is not issued witbn forty (40) days after receipt of a c~rrect invoice and receipt, inr;pectiOD, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Sectio~ 55.03(1), by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, VCJ!dor Ombud<<na.n at the telephone number provided above or the Department's Contracts Section at 850/922-5942. 10. This Agreement may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documet\ts, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Agreement. 8. Each party hereto agrees that it shall be solely responsible for the i :egligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immut)ity or the provisions of Section 768.28, Florida Statutes. 9. The Department may teIminatc this Agleement at any time in thL; event of the failure of the Contractor to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall pIO,ide the Contractor an opportunity to consult with the Department regarding the reason( s) for terminJttion. 11. The Contractor shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 12. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written ~:cnsent of the Department's Project Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consCI\ted to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 13. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a Contractor, contmctor, 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 from the date of being placed on the convicted vendor list. DEP Agreement No. 51'530, Page 2 of 5 14. The Contractor shall comply with all applicable federal. state and local mles and regulations in providing services to the Department under this Agreement. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Agreement 15. The Department's Project Manager for this Agreement is identified below. Roger B. Register Brown1ields Liaison Bureau of Waste Cleanup 2600 Blair Stone Road, MS 4505 TaD8bJl'~, Florida 32399-2400 Phonc: (85L/413~t~ Fax: (850) 922-4368 16. The Contractor's Project Manager for this Agreement is identified below. Miles Ballogg Brownfields Coordinator Economic Development Team City of Clearwater P.O. Bax 4748 Clearwater, Florida 33758-4748 Phone: (813) 562-4023 Fax: (813) 562-4037 17. In accordance with Section 216.181(lS)(b), Florida Statutes the Department, UPOD written request from the Contractor and written approval from the CoilJl)troUer, may provide an advance to the Contractor. The Contractor may temporarily invest the advanced fimds, provided that any interest: income shall either be returned to the Depart1nent, within thirty (30) days of each calendar quarter or be applied against the Department's obligation to pay, if applicable., under this Agreement. Interest earned must be returned to the Department within the timeframe identified above or invoices must be receiVed within the same timeframc that shows the offset of the interest eamec:L Unused funds, and interest acaued on any unused portion of advanced funds which has not been ~tted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State Comptroller may identify additional requirements which must be met in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the Contractor shall be notified, in writiDg, by the Department's Project Manager regarding the additional requirements. Prior to releasing any advanced funds, the Contractor shall be required to provide a written acknowledgement to the Department's Project Manager of the Contractor's acceptance of the terms imposed by the State Comptroller for release of the funds. 18. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all ofbis employees connected with the work of this project and., in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latters employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardo'.IS work under this Agreement is not protected under Workers' Compensation statutes. thc Contractor shall provide, and causc each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection ofhis employees not otherwise protected. DEP AgreemeJIt No. SP530, Page 3 or 5 '{ 19. The Contractor, as an independent contractor and not an agent. representative, or employee oftbe Department, agI'CCS to carry adequate liability and other appropriate fOIIDS of insurance. The Department shall havc no liability except as specifically provided in this Agreement. 20. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with thc pcrform.ancc of services required. 21. The purchase ofnon-cxpcndablc equipment costing 51,000 or more is not authorized under thc terms of this Agreement. 22. The Department may at any ~ by written order designated to be a change order, make any change in thc work within the general scope of this Agreement (c. g., specifications, time, method or DWUler ofperformancc, requirements, etc.; All c~gc orders -I; subject to thc mutual ap !ment of both pa.lies as cvidenced in \"'lIiting. Any change order which causc-.; an increase or dccn:ase in the. Contractor's cost or time shall require formal amendment to this Agreement. 23. This Agreement represents the entire agreement of thc parties. Any alterations, variatioDS, changes, modifications or waivers of provisions of this Agteem.ent shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, . and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, thc parties ha'..c caused this Agreement to be duly executed, the day and year last written below. CITY OF CLEARWATER. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Date: Date: By: Title: ~~.~ DEP Contracts Administrator 6 Approved as to form and legality: A~~-t~ DEP ttomey FEID No. 59-6000239 Remittance Address: P.O. Box 4748 Clearwater, Florida 33758 DEP Agreement No. SPSJO, Page" of 5 *For Agreements with govCf1"ft'l!l'ltlf1 boardsIconnni~siODS: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Agreement or must accompany the Agreement. List of attachlllcntslexhibits included as part of this Ag&eemeut: Specify Tvoe tetterl Number DcscritJtion (include mnnher of DaRcs) Attachment Attachment A B Scope of Services (4 Pages) Coluptroller Contract Payment Requirements (1 Page) REl.iAlNDER OF PAGE INTENnONAl..L Y LEFT BLANK. DEP AgreemeDt No. SPSJO, Page 5 or 5 ,{.. Attachment "An SCOPE OF WORK ASSESSMENT JREMEDIATION FUNDING CLEARWATER BROWNFIEL.DS AREA (Pursuant to Line Item 1272A of the 1999-2000. Appropriations Act) PURPOSE This document will describe the intended uses of tunding provided through Linf3 Item 1272A of the 1999..:.2000 Appropriations Act for the purposes of Brownfields redeve~opment in the Clearwater Brownfields ArE,a (CBA) as designated in the City of Clearwater's Resolution 97-57. The Clearwater Brownfields Area includes the North and South Greenwood Communities and portions of the Central Business District (see attached map). INTRODUCTION AND GENERAL PROJECT DESCRIPTI~N As a result of the 1999-2000 State Appropriations Act, the City of Clearwater is being considered for $300,000 to provide assessment and remedial funding ;or Brownfields redevelopment activities in the CBA. The primary uses of this funding will be to return environmentally impaired sites within the CBA to productive economic development and community development uses. Additionally, the City will utilize the necessary funds to complete two ongoing community development projects in the North Greenwood Neighborhood (listed below). The requested appropriation will augment activities specified in existing State and EPA Brownfields work plans and will result in: . . Creation of inner city job opportunities . Implementation of environmental justice in low income communities of color . Regeneration of blighted areas -.. Removal of threats to public health and safety . Increased tax revenues . Urgently needed remedial funding . Reduce the number of unproductive and/or vacant sites in which crimes occur DEP Contract No. SP530, Attachment A, Page 1 of 4 Most importantly, this appropriation will serve as a catalyst to real economic and community development projects. A U.S. Conference of Mayors survey of more than 100 cities resulted in excess of 940/0 of the respondents ranking funds for cleanup as the primary impediment. to the redevelopment of Brownfields. This appropriation provides this critically needed remedial funding. ;~~ SPECIFIC USES The funding provided under this appropriation will be utilized to perfprm the following activities: · Remedial Activities · Phase I Environmental Assessments · Phase II Environmental Assessments · Site preparation · Site stabilization · Removal of Pollutant Storage Tanks " Performance of Pc ~Iutant Storag3 Tank Closure r1"Jports · Performance of Ini"ial Remedial Actions . · Preparation of Contamination Assessment Reports · . Preparation of Remedial Action Plans · Legal Representation and Fees (for Environmental/Property Acquisition Issues) · All Other Activities reqIJired to remove envir~nmental impediments to redevelopment, including, but not limited to, negotiating Brownfields Site Rehabilitation Agreements and Risked Based Corrective Action remedies ., ;1 PROPOSED PROJECTS The following are the proposed projects for the use of the funding under this appropriation. These projects may be substituted with other viable projects within the CBA. In the event that funding is available at the completion of the proposed projects, additional projects will be sought for assessment, remediation and redevelopment within the CBA. 1. Continued Assessment and Remediation of Community Empowerment Project Property located at 1108 N. Greenwood Avenue - The City has acquired an abandoned gas station in the heart of the North Greenwood Business District. This property is the first Community Empowerment Project where the community will decide on the ultimate development of this site. The City removed four (4) below ground storage tanks and is in the process of completing the removal of petroleum impacted soils at this location. A contamination assessment and potential treatment of impacted groundwater is likely for this site. Initially, $125,000.00 was budgeted from 98199 appropriations for this project. In the event that additional funding is required to complete the assessment and remediation at this site, the funding provided through the current appropriation will be utilized. Preliminary Estimate Cost - $100,000 Projected Time Line - Completion within 12 months from date of execution of contract. 2. Brownfields Infill Housing Project at 904 Pennsylvania Ave. - The City is coordinating the acquisition of this property with Clearwater Neighborhood Housing Services for the construction of two (2) Infill houses in the North Greenwood Community. This site was formerly used as an automotive salvage yard. The site was recently demolished and 14 DEP Contract No. SP530, Attachment A, Page 2 of 4 ~, drums of waste were collected from this location during the demolition. A Phase I Assessment has been completed for this site. Phase II activities and contaminated soil removal for this site is ongoing. A total of $70,000 was provided for this project through 98/99 appropriations. In the event that additional funding is required to complete additional asseSSinent and remedial activities, funding through this appropriation will be utilized. Preliminary Estimate Cost - $100,000 Projected Time Line - Completion within 12 months from date of execution of contract. 3. Variou"l Economica ICommunity Development Projects - The City of Clearwater Brown1.elds Area has a total of 217 regulatory listed sites wi nin and imm&diately adjacent ICJ its boundaries. The majority of these sites are either listed as petroleum contaminated sites . or sites listed due to hazardous waste handling activities. While many. of these sites are considered for redevelopment, many are idle due to the perception of contamination or actual contamination. The City intends to use the appropri~tion to provide complete funding or matching funds f~r the remediation of "market ready sit .35" that will directly result in economic development Jr community development projects. For sites where matching funds are available, the City will be able to leverage the appropriations by providing matching funds. These projects will be identified through the existing Brownfields assessment process, as well as through Brownfields Advisory Board and Environmental Justice efforts. Preliminary Estimate Cost - $100,000 . Projected Time Line - Completion within 12 months from date of execution of contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP. Contract No. SP530, Attachment A, Page 3 of 4 Ai ~~ ~~ I .~ ,-I ? ,r U II fi i;;.\':v' ~ ~W~U~ ~ ~ .. ~ 14 ooli.nr""""-- -d I " ~ [re;~" :Cl ~ · ... -1- ~ 'I - - - =iI\ --- ~.~ ~ =~:~I Il~~ lI.f/.JIJA 1 ..,~ V~ ~ r. ::~ _~~ lirfilf' · 1~.== ~' Jt.~: I" ~ /.. I~~~_'\I ~ i~ '15j tOO ~t,,_ H_eg /), . ~ ..~lI= 8 l __ ) .~ )::. ,f,' []C]r:i~RCJ ..11 (. il-l ~ ~ E5g~ ~ em I I ~g LO.c:::J . ~o ~ CJ I .. - -==-0 -- t\ 'eft:: 0 - ~ l\ I \I ,F" . - '\: ...... II '"' '" ~ , : = ~ '--.J- ~ C ~~~~~~~ . ~. /.-1.,. 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LEGAl DESOUPnat Sf9WI' at the inleQecUon of U" wesl ri9ht-of'woy rll\e Of\ H. rcrt Harrison Aftnue Ol1d \he eosterty edension 01 the ncrlh ricjll-ol-woy line of ~et Ponl Rood; thence southerly mOClCJ said 'lftst ricJht-of-lIOY r...e 01 Fort Hari$on Awnue. 10 0 pain\ 01 kllersecllon W\1h the easterly rl'le of Piullas Troi; thence con\i1ue southerly dong said ecJSterty fne of the Pndas Troi to 0 point on Ihe watery e&tension of the south ric1't-of-way rl'lt 01 BeIleoir Rood; lhtnce eosler1y doncJ sold aouth ricjlt-of-way line of BelJoi' Rood to tl\fJ east ~t'ot'''IOY me of IIissocri Awnur, lhence northerly dong said eosl ri~t-of-.ay file to the nath riqht-ol-woJ I;,e 01 Drew S\ree~ theme easterly along said nC71lh riglll-ol-woJ r"l to the east righl'of-way rne of Betty lCllf; thence northerly dong said east right-of.woy line to the easterly extension of the ncrth ~t-of-.oJ rIM 01 Corel)" Street; thence weslerty dCJn9 soid ncrth right-of-vay Iii. and its exlension to Its intnKUon with tII. easl ri9h1.ol-"OJ fine of Ovoefbro'* Avenue; \hence northwesterly dong soid coste'1y rigl\t-of-way filii to a p~1 01 inlersection with the SClUlherty right-of-"oy rile of &o0?I Road; thence ncrlhwcsterly to the pailt of iltersecliCll'i 01 Ihe west ri9h1-ol-"Oy rne of YIosMlgton Awooe aid the n<<th ricitt-of-way line 01 Stl'fenSOl'l Avenue; thence northwesterly dClfKJ norlh rigll-ol.woy Iile of Slewnsm Awswe 10 the north rilpt-of-way file of Sunset Poinl Rood; thence weslerly aong said norlh riejlt-ot-woy r.,e of ~t PaiI\ Rood to the Point Of BC9inning. Together with all proptl'ties Q)ultnq this rille. less CIIld excepl those Not'tflies not in the city limits of O~or.oter -.. r-----. __. " . DEP Contract No. SP530, Attachment A, Page 4 of 4 . ATrACHMENT B Comptroller Contract Payment Requirements Department of Banking and FbuUlce, Bureau of Aud.1tiDg Manual (10/07/97) Cost Re;mb"13ement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum require11lents: (1) Salaries: A payroll register or simila. documentation should be submittei. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptaole. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of ~he employee (e.g., insUl3Jlce premiums paid). If the contract specifically states that .Tinge benefits will be based on a specified percentage rather .11an the actual cost of "ringe benefits, then the calculation for the fringe benefits amow,t must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receip~. If nonexpendable property is purchased using State fimds, the contract should include a provision for the transfer of the property to the State when services are terminated. Docwnentation must be provided to show compliance with Department of Management Services Rule 6OA- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. . Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. DEP Agreement No. SPS30, Attachment B, Page 1 of 1 , . . ~ . , I f 1 \ t"'. " f 'r' -I 1.;, . ,) .' .~ _'..-t. .- . . Item #16 O~9Y ,'..-.;','............,J,.".... L ~', :.;<.....i:/"".. '..~..r....... .~ "..f.*~;'.,.'--..";..,..:~,'.,'~.J ..". ,1.~'.~'J.'~rl'.~ I~..'~ ...,.'\....:'~'''..~~I'':...\ Clearwater City Commission Agenda Cover Memorandum Worksession Item II: Meeti ng Date: J(:, ~ Final Agenda Item # SUB) EO IRECOM,\-1EN DA liON: Approve the purchase of lot 6 GREENWOOD MANOR SUB from Elias Mae Mobley for $30,000 plus closing cost of approximately $1,250 and the W. 20 feet of Lot 5, GREENWOOD MANOR SUB from Robert C. Smith for $2,000 plus closing cost of approximately $600; payment of liens, legal fees and expenses for both properties estimated at $2,650; and direct staff upon closing to schedule a public hearing to declare of lots 4, 5 and part of Lot 6, GREENWOOD MANOR SUB surplus to City needs for the purpose of leasing the property to the GREENWOOD COMMUNITY HEALTH RESOURCE CENTER. l&l and that the appropriate officials be authorized to execute same. SUMMARY: o The City's 1999 Legislative Package supported a State Appropriation of $300,000 for the construction of the GREENWOOD HEALTH RESOURCE CENTER. The appropriation was granted and the City is continuing to cooperate with the CENTER to complete this project on property located at 1180 N. Greenwood Avenue. . The City currently owns lot 4 and most of lot 5 in Greenwood Manor Subdivision. The remainder of lot 5 and a portion of lot 6 are needed in order for there to be enough room for the construction of the Center. Once it is determined how much of lot 6 is needed for this project, disposition of the remainder can be decided. . The acquisition of the needed property will be funded by $ 31,500 from the State Brownfields Redevelopment Grant and $5000 from the State Brownfjelds appropriation. An amendment to the 1999/00 Consolidated Plan, which will be presented for Commission approval in the near future, will allow $31,500 of this cost to be reimbursed by Community Development Block Grant property acquisition funding. No General Fund allocations are being requested for this project. . Lease to the Greenwood Community Health Resource Center will be presented to the commission in conjunction with declaring the required property surplus at a meeting in the near future. . Environmental assessment and remediation is being funded by Florida State Brownfields Appropriations as approved by City Commission on November 16, 1998. Purchase contracts are available for review in City Clerks Department. Reviewed by: Originating Dept: Legal ~ Info Srvc NA Economic Development Budget Public Works NA User Dept. Purchasing A OCM! ACM fL- Planing & Dev Risk Mgmt NA Other NA Attachments Costs Total $36.500.00 Funding Source: Current CI FY Submitted by: '0' I J J J City Manager rJC"l.A ~ -or -upfinted o~ recycled paper I 0 None OP Other COBG /State B.F.'s Redv Grant & Appropriations Appropriation Code: 689-07212-530100-559-000 181-99975-530100-554-000 181-99973-530100-554R~98 - ~ -.tIW _R ~ '1a.. ~ ... . -- . ~" . {, ' "',' ~ "\ "." ,,,~,,~ " ." 'I. , " ...J tJ; 't. u ." I '. . \ > < '.. . ~ . " { I ~.I. ,) ". . ,\ I. CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: ELLA MAE MOBLEY JAMES BURTON, a married woman joined by her husband JOSEPH BURTON (herein "Seller"), Phone: (727) 461-1810, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, F/orida 34618-4748, ATTENTION: Nina Bandoni, Assistant Director, Housing Division of Planning and Development Services Phone: (727) 562-4030 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or nat/onal legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: lot Six (6), GREENWOOD MANOR, according to the map or plat thereof as recorded in Plat Book 21 Page 65 of the Public Records of Plnellas County, Aorida STREET ADDRESS (CitylZip/State) 1013 LaSalle Streot, Clearwater, Aorlda 33765 2. FULL PURCHASE PRiCE........................ .... ....... .......................... ..................... ........ $ 30,000.00 3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at time of closing ................................................. $ 30,000,00 4. Oi:TERMINATION OF PURCHASE PRICE The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff acting as Agent of the City. The Price is based on: a. [XI Appraisal of the real property performed for the buyer by a Florida certified real estate appraiser. The market value of the Real Property's fee simple interest was determined to be $ 30,000.00 by Michael R. McKinley, SRA dated November 25, 1999 b. ( 1 Additional appraisals: None c, ( 1 Market value estimate prepared by City staff based on analysis of recent comparable real estate transactions. 5. TIME FOR ACCEPTANCE: APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of forty-five (45) days following delivery in duplicate original to Alan J. Ferri, Director of Economic Development of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Commission ("Commission"), If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within ten (10) days thereafter. If a counter-offer is approved by the Commission, it shall be delivered to Seller in writing within ten (10) days of such action by the City Commission, and Seller shall have ten (10) days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within five (5) dais of such action. 6. IlIL.E Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (other matters which title will be Page 1 of 5 1\d.t".(do\14~4'9'n CO" ::-r . " ." , . , IF :,""r~" ',' " ..:,"',.,. j"'" ...~~..,:i . ,:. . .,~': ,,' "~. .'~, fll, " ". ':." ~~, '., ,'. '\ "'~J"'" I', , J subject); provided there exists at closing no violRtion of the foregoing and none of them prevents Buyer's intended use of the Property as residential development. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. Personalty shall, at Buyer request, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided herein. 7. TITLE EVIQ.ElikE ..~; Seller shall, at Seller's expense and within five (5) days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have five (5) days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within three (3) days thereafter, notify Seller in writing specifying defectlsl. If the defect(s) render title unmarketablo, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to correct defectls) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shalf . be performed to minimum technical standards of Chapter 61 G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before thirty (30) days from CITY OF CLEARWATER COMMISSION approval. unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to ten (10) days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seifer shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement. 11 . CLOSING EXf.ENS..ES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, l"lhall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. PRORATIONS: CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. Page 2 of 5 I \d,"\C.dol U!l4.g'" con )-[ .,',.' ,t.' ... .' , . , IJ'" .. -- . ' -- " '", ~ . ','...' ",',,' ~.', J ,'. ' . ,~ .' :, " . .:.. ..',.. " . - . ". , , ',. f '. 13. PROPERTY CONDITION Aa Is With Right of Inspection: Buyer may, at Buyer expense until the date of closing ("Inspection Period-I, conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services 8S may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. unless Seller elects to repair or otherwise remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 14. SEllER HELD HARMLESS Buyer is self insured. and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 16(b) resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions 01 the sovereign immunity statute. 15. PROCEEDS OF SALE: CLOSING PROCEDURE The deed shaff be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer. without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shaff have thirty (30) days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within five (5) days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shaff return Personalty and vocate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title" as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 16. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction. the defaulting party shall be liable for such fee. 17. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, write "NONE") NONE Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. Page 3 of 5 I \d..\CdO\14~"tO'n (0I'l )-r . '. .... " . . .' I', . . .' ~ '. .. . '. . . , .. ,..t.' '. .. ...," , ' ,..' '" t' ... ,1,' ~,', ., ,,' ", ~ .' 1, . . !,"'," e " ' " .' 18. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 19. CONTRACT NOT RECORDABLE: PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 20. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properlv stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 21. ASSIGNABILITY: PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 22. ATTORNEY FEES: CO.sIS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 23. IYPEWRlnEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 24. t:ID BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage. liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 25. EFFECT Of PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 26. ~GJ.AW It is agreed by and betwetln the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Page 4 of 5 I "'ltr.ccM\ '<I'"-v''' (Oft ,'i. .'0'" '," , . l. "....... .. , eo... .'", ;:~ . ~ o. ., .. l - -- - ..... - , .. it.. . I J ' ~ ' . ". '\ . #J,'" f'" \ ' . . , ;" \ ~ . I " 27. COUNTERPARTS: FACSIMilE COpy This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 28. SPECIAL CLAUSES An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and a part of this contract. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 29. EXHIBITS ATTACHED Exhibit (describe) NONE and Exhibit (describe) are attached hereto and made a part of this contract. 30. .ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTR#\CT. IF NOT FUllY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Date: SS# 267 -30-7739 ELLA MAE MOBLEY JAMES BURTON Date: SS#263-62-0016 JOSEPH BURTON [ ] APPROVED AND ACCEPTED this _ day of ,1999. [ ] APPROVED COUNTER-OFFER this_ day of ,1999. Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst, Mayor-Commissioner Michael J. Roberto, City Manager Attest: Approved as to form: Cynthia E. Goudeau. City Clerk John Carassas, City Attorney Page 5 of 6 t.""....cdoltOff9rft.COft :."1: d'" . . ,.' .. to ...... .f.. I .. ,I', ,." "...." '., . .". "..t.. . ,'. ',.." ',.'.' " ... .. .. ~ ~~. ~,~ . I '~..', . . .. " ,," ;r_ ... ." ~. . ' , /" . ; :. " . . I f '1" : ' " CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER. FLORIDA PARTIES: ROBERT C. SMITH Phone: (727) 323-5400, whose address is Post Office Box 11364 and the CITY OF CLEARWATER. FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater. Florida 34618-4748, ATTENTION: Nina Bandoni, Assistant Director, Housing Division of Planning and Development Services: (727) 562-4030 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EfFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without including Saturday. Sunday. or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. , . P..ROPERTY DESCRIPTION LEGAL DESCRIPTION: West 20 feet of Lot 5. GREENWOOD MANOR SUBDIVISION, according to the map or plot thereof as recorded in Plat Book 21. Page 65 of the Public Records of Pinellas County. Florida STREET ADDRESS (CitylZip/State) Vacant 2. FULL PURCHASE .fB1CE............................................................................................ $ 2,000.00 3. MANNER OF PA YMEHI: City of Clearwater check in U.S. funds at time of closing ................................................... $ 2,000.00 4. DETERMINATION OF PURCHASE PRICE The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff acting as Agent of the City. The Price is based on: a. [X] Appraisal of the real property performed for the buyer by a Florida certified roal ostate appraiser. The market value of the Real Property's fee simple interest was dotermined to be $1.500.00 by DMl Property Consultants. Inc. James M. Davis St. Cort. Oen. REA RZ0001600 dated September 14.1999. b. [ ] Additional appraisals: NONE c. I J Market value estimate prepared by City staff based on analysis of recont comparablo real estate transactions. 5. TIME FOR ACCEPTANCE: APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of forty-five (45) days following delivery in duplicate original to Alan J. Ferri, Director of Economic Development of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within ten (10) days thereafter. If a counter-offer is approvod by the Commission, it shall be delivered to Seller in writing within ten (10) days of such action by tho City Commission, and Seller shall have ten (10) days thereafter to deliver to Buyer written notico of accoptanco or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter- offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within five (5) days of such action. 6. IlIl.f Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty. Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Sellor, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be froe of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for tho yoar of closing; covenants. restrictions and public utility easements of record; and (other matters which titlo will be subjE'ct); provided there exists at closing no violation of the foregoing and none of them provents Buyor's Page 1 of 5 I \got. uliu\1".',," Ion .:-r " ........... ....... ...... . . ". . '. ~ . ... ~4r~~' , , .\. I , ". " 'J(,', ' , , . ., ~ ~. / . 'Ii I . . " . ,.. ' . '. . , I 'j..~ ii' f, ',. ~ 'i lr., . subject); provided there exists at closing no violation of the foregoing and none of them prevents Buyer's ~ intended use of the Property as residential development. Sellor warrants and represents that thoro is ingress and egress to the Real Property sufficient for the intendod use as described herein. Personalty sholl. at Buyer request, be transferred by an absolute bill of salo with warranty of titlo, subjoct only to Iluch mattors as may be otherwise provided herein. 7. TITLE EVIDENCE Seller shall. at Seller's expense and within five (5) days prior to closing date deliver to Buyer 0 tltlo insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrancos, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, excoptlons or qualifications set Torth in this Contract. Marketable titlo shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have five (5) days from receiving evidence of title to examine it. It title is found defective, Buyer shall, within three (3) days thereafter. notify Seller in writing specifying defectls). If the defect(s) render title unmarketable, Sell or will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will. if title is found unmarketable, make diligent effort to correct defoct(sl in title within the time provided therefor, including the bringing of necessary suits. 8. ~ Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer. Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of Chapter 61 G 17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before thIrty (30) days from CITY OF CLEARWATER COMMISSION approval, unless extended by other provisions of this contract. If either party is unablo to comply with any provision of this contract within the time allowed. and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to ten (101 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation. Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement. 11. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 1 2. PRORATIONS: CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollectod but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thoreaher exempt the Property from taxation as provided in Chapter 196.012(61. Florida Statutes. It the amount of taxes and assessments for the current year cannot be ascertained, rates for tho proviolls year shall be used with due allowance being made for improvements and exemptions. Any doposits hold by Sollor in trllst for third parties in occupancy of the Property shall be credited to Buyer lit timo of clm.ing. Assessments for any improvements that are substantially complete at time of closing shall bo paid in full by Soller. ::\ Page 2 of 5 I 'Wta4.\C,.., "'..l"" CfH' .,"'e."" . .. o' ' . ,f.. t ~:-r " " .. -~. --- b. Jlh....- ----'I:l...._ ,: " , " " J.', . ' .: ,. " . 'J to V \ .' ", , .' .': 13. PROPERTY CONDITION A, Is With Right of In.pectlon: Ouyur rnllY, (It Ouyor llxponao until date of closing ("Inspection Period-), conduct inspections, tosts, onvirOllfnontnl nncl ony other investigations of tho Property Buyer deems necessary to dotorrnino suitubllity for (luyor's Intondod use. Seller shall grant reasonable access to tho Proporty 10 Ouyur, Its ooonts. contractors and assigns for the purposes of conducting tho inspections provldtJd. howovor. thnlnll fluch parsons ontor tho Property and conduct the inspections and investigations at their own risk. Soller will, upon reasonable notice, provide utilities services as may be requirod for Ouvor's Inspections and Investigations. Buyer shall not engage in any activity that could ruault in 0 mochanics lion lwing filed against the Property without Seller's prior written consent. Ouyor may torrninnto this contract by written notice to Seller prior to expiration of the Inspection Period if tho inspoclions lind/or investigntions reveal conditions which are reasonabl'l unsatisfactory to Buyor, unlo!Js Sollor alocts to ropair or otherwise remedy such conditions to Buyer satisfaction: or Buyer, at Its option, may olect to accept a credit at closing of the total estimated repair costs os detorminod by II IictlllSod gonorol contractor of Buyer's selection and expense. If this transaction docs not c1oso, BlIyar nurnes. III Buyer expense, to repair all damages to the Property resulting from the inspections Dnd Invostigations and roturn the Property to its present condition. 14. SELLER HELD HARMLESS Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 758.28, agrees to indemnify and hold harrnless the Seller from claims of injury to persons or property during the inspections and investigations describod in Paragraph 161b) resulting from Buyer's own negligence only, or that of its employeos or agents only, subject to the limits and restrictions of the sovereign immunity statute. 15. f.BQCfEDS OF SALE: CLOSING PROCEQUBE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have thirty (30) days from the date of receipt of such notificaticn to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within five (5) days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Soller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "os is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 16. 0EfAUJ.l If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or U'I~./aterally cancel this agreement upon giving written nolice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 17. SELLER WARRANTIES Sollor warrants that there ara no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property. or which would effect Buyer's desire to purchase the proporty except as follows: (Specify known defects. If none are known, write "NONE") NONE Buyer shall hove the number of days granted in Paragraph 141b) above ("Inspection Period") to investiqate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. Page 3 of 6 t '.dat8\C40\ 14S41O"n COI'l )-r ".'" '-. . . . . 'I '. ., .', ',..' .... ~"-'" :, I .. . .' , " " '''' ' '. I , . , . '. " , 18. RADON GAS NOTIFICJ3'.TION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 19. CONTRACT NOT RECORDABLE: PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 20. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 21. ASSIGNABILITY: PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 22. ATTORNEY FEES: COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 24. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 25. EFFECT OF PARTIAllNV ALlDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 26. GOVERNING LAW.. It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. Page 4 of 5 I \d...\Cdo\1.'CII9''' CDn ~:"1: d' .. . ,,: .. t. ......1.. ,t.... .; .., ,,'., ., " .. , ..........' " '.... '.: . . . .. '". , '. ~. .. \.,' ~/: '. ,.~. '\. q .. ~ ':/ I' >/ \'- I ." "If 21. COUNTERPARTS: FACSIMILE COpy This contract may be executed in two or more counterparts, each of which shall bo deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 28. SPECIAL CLAUSES An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and a part of this contract. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 29. EXHIBITS ATTACHED Exhibit (describe) NONE and Exhibit (describe) are attached hereto and made a part of this contract. 30. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Date: Seller: ROBERT C. SMITH Social 5acurity or Tax 1.0.1 ) APPROVED AND ACCEPTED this _ day of ] APPROVED COUNTER-OFFER this_ day of , 1999. , 1999. Countenlgned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst, Mayor-Commissioner Michael J. Roberto, City Manager Approved as to form: Cynthia E. Goudeau, City Clerk John Carass8s, Assistant City Attorney Page 5 of 5 L,,"r<<o\ ..,...... con ,~..,. ._--.- t. '................ .;'. ,'.e, . ., " ~.' -., .." .'...., . , . '" " :,:," .::,,', '" .. '"0 , " ~ . '..",- " ~ .....t'\..-.... '" '." '., ..' .. I. .' r- ,4 .~ " " ~. '. i.l\ t,. ,,' H'. . I .' ."" "." t :" t' ,.1,.. I ,".,J'I' '. " , . r ~+ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Fi nal Agenda Item # E (0 . ~ \ . cr~ Meeting Date: SUB JECT IRECOMMEN DATION: Authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the Dimmitt Option for Purchase Property - Cleveland Street - 3.48 acres MOL ml and that the appropriate officials be authorized to execute same. SUMMARY: · The CRA has an Option to Purchase two parcels containing 3.48 acres of real property for the purpose of downtown revital ization. . The two parcels front on Cleveland Street and are generally located between Myrtle Avenue and Greenwood Avenue and Park Street (see attached map). . On June 3, 1999, the eRA Board of Trustees authorized a six month extension of the Option to Purchase Agreement to allow more time to market the property. The Option to Purchase Agreement expi res December 5, 1999. . The RFP/Q is requesting proposals for redevelopment of approximately 3.48 acres for office, residential, commercial and/or mixed use developments. This property is important to the continuing revitalization occurring in the downtown Central Business District. . The RFP/Q includes the possibility of utilizing excess property, which was purchased for the downtown pond project. . The preferred development will be evaluated for: 1} development proposal; 2) developer's qualifications; 3) economic benefit to Clearwater; and 4) respondent's financial capability. Reviewed bY1h- Originating Dept: Costs Legal Info Srvc N/A Economic Development Total Budget N/ A Public Works N/A User Dept. Funding Source: Purchasi ng N/A DONACM Current FY CI Risk Mgmt N/A Other Attachments or Map Olhe Submitted by: City Manager Printed on recycled paper o None Appropriation Code: Rev. 2/98 - ~ .... ~ .~1'~'~~'1,.~" ',,,' . I "I.. .... ., t~:' ,. II .", ," ,I'l'" t . 1; . J...., ...1- I. \ ,. ',t"" ."'l" in 07 ... ... ~ 1 ... ... - (1) <<:) <<:) ~ 1 ... 01 (1) <<:) ... C) 100 <<:) - ll') IDS ... ... <<:) co ~12 - co 2 - 8 co 3 Q -3 13 14 5 0 lIJ 10 4 i J ,: 2 ~ z ~ SARAH 6 7 eMU N 10 tj @ 5 f5 28 <<:) <<:) ~8 ~ Cl 6 24 6 Ol <<:) 9 01 Ol ~ <<:) Cl 22 ... ... ... 0 0 0 11"I LAURA STREET 0 11"I 10 co McMULLEN 5 ~ 0 CI) I- 0 9 8 ~ w 1 SUB 0 a. Q:: CJl 0 0 j!: Z Q:: lO 8 a. " 0 0 10 1-41 z ~ 0 ::.. .... 0('4 m (:) co ~ ~ ~ C\l Q; ~N ~ 0) (:) ~ 0 co 46 01 01 <::I ~ ... 0 S.R. 60 10 ClEVELAND 0 11"I 10 " ... ... )tt~ ~}.;~* WW; .~%~: :~~~:~~ () ... .... co co 60 In () ... () .... .... ....s:"" ... 40 ~'~~.:~i~~ ~::.\.:.~~~. :.~~.~.:.::.:: :LA @ 1 11 10 }~~:~ ) i0i 1-41 ., ~ ... C't ... 10 <<:) 0 ('Q co - <<:) co 0 ~ 0 PARK co 22/09 0 co II) ,..., 01 ... II) @~~ 0 () Cl 60 1 <:) <:) co OJ <<:) co 8 ... 40 6 7 '0 103 16 16 l&J l&J 1 ::;) 105 ::;) Z Z (OS 2 17 36 2 ~ ~ 17 -< -< (07 3 18 30 B 3 18 19 4 19 ::J 0 PIERCE 0 C1' 0 co STREET 0 5 20 co 00 %7 , I Il) ~ - 5 6 6 21 ... 203 211 t -- It) 0, 2:lI :J 203 7 7 24 .. Pump 22 u a 23 - 8 . , 9 a . 24 0 06 . 25 00 I l&J 10 ~ 205 10 214 ::;) ~ ::r:: 218 Z 26 ~ 209 11 26 l&J ::l 0 0 0::: 0 co FRANKUN STREET 10 4( c.!) l I.os rmTlllll;;~ 27 12 27 " 18 28 213 13 28 to- ~ NDRTH _rr O.KInCJ CHlDlII) ... 1Ul ~... H/A CITY OF" CLEARWATER. FLORIDA PUBLIC WORt<S ADMINISTRATION ENGINEERING DIMMITT CAR LEASING PROPERllES DRAWING SCALE 1". 200' Mlr 10~/1l1l 0C0AQ, NIl. IHI:[T 1 Of" 1 ~ --- -- ~~ t~L) ;;i' City of Clearwater, Florida 17 REQUEST FOR PROPOSALS AND QUALIFICA TIONS for Development Proposals Within Clearwater's Central Business District Community Redevelopment Area Prime Real Estate Immediate Development Opportunity Commercial/Office/Residential and Mixed Land Uses A World Class Waterfront Community Located On the Gulf of Mexico - Tampa Bay Region Clearwater, Florida . 7:',. I .". . ...., < 1 t-'" . . . \'. 1 . .. t...~:.' " / ~.l ". _' '" ~. .,' .. . . . . ." - REQUEST FOR PROPOSALS AND QUALIFICATIONS Central Business District The Clearwater Community Redevelopment Area (CRA) Board of Trustees has an Option to Purchase two highly visible parcels consisting of 3.48 acres on Cleveland Street. The CRA is requesting development proposals and qualifications for the parcels, located on Cleveland Street, which traverses through the City's Central Business District. The two parcels combined comprise approximately 3.48 acres of developable land. Based on the results of the selection process of submitted Requests for Proposals and Qualifications, the CRA may purchase the property, or the Option to Purchase may be assigned to the selected developer upon mutual consent. review of the evaluation criteria listed in the RFP/Q. Adjacent to the 3.48 acres are two additional parcels consisting of 1.53 acres for a total of 5.01 acres. The CRA is offering to provide stormwater retention in the form of an aesthetically designed town pond and public park setting which may possibly be integrated into the proposed development as an amenity to the proposed development. Clearwater is offering this prime location for a financially sound business to develop residential, office, or commercial and/or mixed land uses. The preferred development proposal will produce significant economic benefit to the City of Clearwater and its citizens. I~tRODUCTION ~. Clearwater is a waterfront community with a pelmanent population of over 100,000 people. The City is located along the Sandy beaches of the West Central Gulf Coast of Florida in the Tampa Bay Region. Clearwater's Central Business District is home to the IMRgIobal Center, which is estimated to produce approximately 1000 new high paying jobs. IMRglobal is an international computer software and service company, which has recently located to Clearwater's Central Business District occupying approximately 15 acres in downtown CleaIwater. The Option to Purchase Property is located approximately 2000 feet from the IMRgIobaI Center fronting on Cleveland Street. Clearwater is the County Seat of local government, and is located in Pinellas County, a peninsula with long beautiful beaches fronting the Gulf of Mexico to the west, and Tampa Bay to the east. The City of Tampa and Tampa International Airport are located directly east of Clearwater linked by the Courtney Campbell Parkway Bridge over Tampa Bay. The Saint Petersburg- Clearwater Airport is also located within twenty minutes from the site. 2 - --- , " ' ..' ..' \ " ' ' .' . . ',tv" \ ' .' ". ' . .. .. SITE/SlTUAUQr; - INFRASTRUCTURE -INGRESS/EGRESS The subject property is located in the Central Business District, bounded by Cleveland Street, a four lane State Road to the north; Pierce Street, a two lane local road to the south, Myrtle Avenue, a four lane City Road located to the west, and Greenwood Avenue, a two lane minor collector road to the east. The site is located in the Federal Brownfields Pilot Program area, the State Enterprise Zone, and Clearwater's Community Redevelopment Area (CRA). All utilities are available and will be stubbed at the property lines, including Clearwater owned natural gas service. This site can be developed up to a 3.0 Floor Area Ratio (FAR) with a maximum height of 150 feet. Further infonnation is available upon request. Please contact Land Development Manager Louis Hilton at 727-562-4024 for further information. QUAUEICA TIONS As part of the proposal submittal, each Proposer must demonstrate: 1. An ability to provide a proposed site plan for all of the 3.48 acre site; or all of the 5.01 acre site in combination with adjacent properties; 2. An ability to assume assignment of the option to purchase the property if preferred; 3. An ability to demonstrate creative and innovative design; and ~ An ability to provide a financial history. SUBMITT ALS The following submittals will be required as part of the RFP/Q: 1. The proposed economic and land use of the site and detailed or conceptual site plans; 2. Name of Firm, address, telephone and name of representative authorized to negotiate with the City of Clearwater Officials; 3. Existing location(s) ofBusiness(es) Headquarters; 4. Names(s) qualifications and experience of key personnel; 5. A summary of qualifications of the developer and the person or persons who would be directly responsible for supervising the design and construction of the building on the site, especially with regard to their prior experience in accomplishing development of similar proj ects in scale and character to that which is proposed; 3 6. A statement identifying the firm or organization that will be responsible for managing the development, including a description of the form of relationship to be established between the developer and the management organization (i.e., parent or subsidiary corporation, partnership, lease management contract, etc.); 7. A summary of the qualifications of the management organization, especially with regard to the management of other facilities of similar size and characteristics; 8. A detailed narrative statement describing unique features and/or any additional tenants; 9. A statement reflecting the financial position of the developer or development team; 10. A statement indicating the financial performance of developer's past developments. 11. A list of projects done under the aegis of the developer, their location, date of completion, and a brief description of their physical characteristics; 12. A statement of the relationship between the developer and any parent compames or subsidiaries that might also take part in the developn1ent; 13. A statement providing City Staff the authorization to verify financial and other qualifications. SlJ6MITTAL DEADL~E AND SUBMITTAL LOCATION: Mr. George McKibben Purchasing Manager City of Clearwater/ Purchasing P.O. Box 4748 Clearwater, Florida 33756 or deliver to: City of Cleanvater Municipal Services Building Purchasing Office 100 South Myrtle Avenue 3rd Floor Room 340 Clearwater, Florida 33756 Questions regarding this Request for Proposals and Qualifications shall be directed to: Mr. Louis R. Hilton Land Development Manager City of Clearwater/ Economic Development Team P,O. Box 4748 Clearwater, Florida 33756 727 -562-4024 Answers will be provided in writing as written addenda and forwarded via FAX or certified mail. 4 ,. . . .~ .. ' . .... . . .. ';...1;. ,. N~.,... :..... " ; r :..., . ".:~. . Release date of RFP/Q Due date, and formal opening ~ November 22. l222 4:00 p.m. Purchasing Office 100 South Myrtle Avenue Clearwater, Florida 33576 Selection of top candidates November 23, l.222 Selection Committee Recommendation ~ NOTE: Dates subject to change upon notification~ 1) Development Proposal 2) Development Qualifications J) Economic benefit to Clearwater ~ Financial capability of the business 30% 25% 20% 25% All requests for information must be in writing to: Mr. Louis R. Hilton Land Development f\1anager . City of Clearwater I Economic Devel~pment Team P.O. Box 4748 CleaIWater, Florida 33756 727-562-4024 All proposals must be received by the City of Clearwater by November 22, l222, 4:00 p.m. 5 . , ~'<;: -- - ~ .'. . . ~.,;.. ~. (I' . r~ ".., . -.." I' . ":: ~ 'I iN "" -'i All Proposals will be acknowledged by FAX and/or certified USPS Mail. All Addendum will be forwarded by FAX and/or USPS Mail. 6 .'f . -,~, ,4,.:' _' ',~ II; ....l'.. ,.,.' ',..,' " -~ ,~~>,. I.. . _'~\,:' '._ .. ":;. t ~.,' ~< J ,', I~ ".~,: .'~ .~~~.,;' ~,...:" ,.~:.I', .,., .~'. 1 at;., .~' . tit Meeting Date: J~ ~O.~',47 i+~.1- Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # SUBJECT/RECOMMENDA liON: Award the contract to Aon Consulting, Inc. in the amount of $27.400 for benefits consulting services for the City's Human Resources Department for the contract period of date of approval through December 31, 2000, which was the most responsive and responsible bid in accordance with specifications. In addition, the contract includes approximately $104,900 of services to be provided by City insurance carriers through commissions o and that the appropriate officials be authorized to execute same. SUMMARY: The City of Clearwater uses an external benefits consultant to provide support to the Human Resources Department in specialized areas concerning employee benefits. These areas include representing the City regarding employee benefits with providers and at meetings; attending regular meetings with City staff; providing periodic training sessions to educate City staff regarding benefits options and decision-making considerations; and serving as a resource on a wide variety of issues (negotiating contract renewals, reviewing insurance contracts, bidding products, receiving and reviewing medical management reports, developing materials for distribution to employees, updating City staff on benefit trends, overseeing plan documents and summary descriptions, developing special plans as needed, providing input and guidance regarding retirement options, etc.). Other areas include assisting the City with legislative compliance issues (COBRA, Section 125 Cafeteria Plan, FMLA, HIPAA, and State mandated benefits); conducting surveys of public and private employers; conducting feasibility studies; and developing requests for proposals (RFPs) for Medical, Dental, Employee Assistance Program, Group Term Life, Statutory Accidental Death and Dismemberment, Short Term and Long Term Disability Plans, and other benefits. The City of Clearwater has used the firm Wittner and Company to perform these services since 1991. In May 1999, Wittner decided to end its consultant services agreement with the City. The City of Clearwater then issued a request for qualifications (RFQ) for a benefits consultant. A RFQ Review Committee composed of representatives from the Insurance Committee reviewed proposals from four consultants. The committee members unanimously agree to recommend to award the contract for benefits consultant to Aon Consulting, Inc. The criteria used for selection included cost, references, experience, qualifications, and resume's. Aon was chosen unanimously as being the best candidate overall in these categories. Benefits products often contain commissions included in the premium. These commissions can be allocated to the benefits consultant and used for obtaining needed benefits-related services for the City. The contract will be provided prior to the meeting and will be available for review in the City Clerk Department. NA Originating Dept: Human Resources User Dept. Human Resources /tJ,:( Attachments Costs $27 400 Reviewed by: legal Info Svcs Budget d. /Public Works ,Purchasi~~ DCM/ACM ! Risk Mgmt NA Other NA NA Total Funding Source: Capilal Improvemenl Current Fiscal Year Operatmg Other x Central Ins. Fund Submitted by: City Mana~er .J -:: Printed on recycled paper o None Appropriation Code: 59009831-530100-519-000 Rev. 2/98 i.. . '..' t ' .", I '" ' .. ,'" ~, .. *t . u >', ,,,' ' . '". . I .' . . I,. . ,.' f'" . f.,' .' . ~, ..: ~ . . .t Meeting Date: ~ IO.J\,11 (it 1+ f(, ?-- Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # SUBJECT/RECOMMENDA TlON: Award the health insurance contract to United HealthCare under a fully insured funding arrangement for the contract period of January 1, 2000 to December 31, 2000, at an estimated cost of $3,932,726; and award the mental health/substance abuse and EAP coverage contract to United Behavioral Services at an estimated cost of $186,183 for the contract period of January 1, 2000 to December 31,2000, o and that the appropriate officials be authorized to execute same. SUMMARY: The contract with the City's current medical insurance provider expires on December 31, 1999. In July 1999, the Insurance Committee, headed by the Human Resources Department, distributed a Request for Proposal (RFP) for medical insurance coverage, mental health and substance abuse coverage, and Employee Assistance Program (EAP) coverage. There were six respondents for medical insurance or medical coverage. Some of these respondents provided bids that included mental health/substance abuse coverage. There were three respondents for mental health/substance abuse coverage only and two respondents for EAP and mental health/substance abuse coverage only. The Insurance Committee reviewed the submitted RFPs and used a standardized rating process to evaluate these in three specific areas: benefits offered, cost, and medical network. Three medical coverage providers and two EAP/substance abuse providers were selected as finalists for interviews. Based on the ratings and interview results, the Insurance Committee recommends United HealthCare be awarded a one-year contract to provide medical insurance coverage for the coming year (January - December 2000). Additionally, the Committee recommends United Behavioral be awarded a one-year contract to provide City employees with EAP and mental health/substance abuse coverage for January - December 2000. For 99/00, the City budgeted an estimate of $4,648,290 per year, which included funding for both medical insurance coverage and EAP/Mental Health/Substance Abuse coverage. The estimated costs for these coverages is $4,119,881. Any savings resulting from the difference between budgeted and estimated costs will be placed in the Insurance Premium Stabilization Fund. Copies of the RFP's and selection analyses are available in the City of Clearwater Purchasing Division. Reviewed by: Originating Dept: Human Resources Legal Info Svcs Budget ML/ublic Works Purchasi~ OCMlACM Risk Mgmt Other Costs $4,119881 Total User DeP!hc Attachments Funding Source: Captiallmprovemenl Current Fiscal Year Operating X Other o None Appropriation Code: 590-07000-545601-590-000 Rev. 2/98 ..,;..,..~.,'.".. ......,:H 1...} ',,' __....\.~~ ...... . ~ . ,~._'\_ '.~' ......,,~.I'~_~.I.'.l:.~.~f.t.l..~. I~':'~" ,::. ":..w/,....'J;.:,.<'.J...I~'.i......'. .~'.'~f4 "':""''0.' ,,' f b -1-- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeting Date: ~o 10 ' ;;1.,. Cfr Final Agenda Item # SUBJECT IRECOMMENDA liON: Approve a contract between the City and Decision Management Company, Inc., for the Police Department's Document Imaging System at a cost not to exceed $133,000; this being the most responsive proposal in accordance with the specifications of RFP 50-99. Authorize funding not to exceed $133,000 to be provided by the City's master lease purchase agreement [&J and that the appropriate officials be authorized to execute same. SUMMARY: · The proposals received in response to RFP 50-99 were evaluated by an imaging committee. The committee consisted of Police Department personnel as well as personnel from other city departments. After a vendor short list was established, site visits were conducted and a final vote was held to determine the propo.sed vendor. · Currently the Pol ice Department relies exclusively on paper documents and microfilm for the reproduction and archiving of police records. This system is very manpower intensive when considering the clerical time involved and the time wasted by the parties requesting the documents. 6) When police investigations span multiple years, the microfilm report and supplements are not contiguous thereby creating problems and greatly increasing the possibility of omitting pertinent public records. · The imaging system will place digitized images of all documents and photos all the computer network, allowing instantaneous access to authorized personnel. This system will also eliminate the clerical intervention and the "missing" of documents on subsequent microfilm rolls. The independent access to records will make both sworn and non-sworn staff more productive. A more visible benefit wi II be the clerical staff's ability to respond to internal requests and citizens requests for services more quickly. . The imaging system is a part of the overall strategic plan for the Police Department's computer network capital project, originally established and approved in FY 93/94. . Funding is to be provided through the City's master lease purchase agreement. Debt service payments will be charged to 010-01144-591600-521-000. Revie'wed by: Legal {:f:.L;. BlJdget ~ Purchasing W\. Risk Mgmt NA Info Srvc Public Works DCtvV ACM Other frit& NA Costs Total 133,000 Current FY 133,000 Funding Source: CI X or Other Attachments Submitted by: ~ ~ .. 1 J City Manager 't~ I~~ Printed on recycled paper o None A ro riation Code: 315.91127-564000-521-000 Rev. 2/98 " . ~ !' .' .' ' ~ ~~' . ~.. . .. ~. i I . \ J '. '" . , , e P{(~ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # a J Meeting Date: j 0 ' ~ I ~ C, C; SUBJECT/RECOMMENDATION: Award a contract for the Bayfront Tennis Complex Demolition (99- 0004-PR) to Kloote Contracting, Inc. of Palm Harbor, FI. For the sum of $53,493 which is the lowest responsible bid received in accordance with the plans and specifications, o and that the appropriate officials be authorized to execute same. SUMMARY: · On May 6, 1999 the City Commission authorized staff to remove five concrete tennis courts at the Bayfront Tennis Complex located on the SE corner of Pierce and Cleveland Street and replace with irrigation, sod and landscaping. · Primary elements of this contract include the removal and disposition of the five concrete tennis courts, concrete sidewalks, existing light poles, fencing, shrubs, hedges etc.; construction of new sidewalks; backfill with clean fill material and provide final site grading. · The Parks and Recreation Department will provide for irrigation, landscaping, sod and other site amenities as well as refurbishing the remaining four asphalt tennis courts with new lighting, fence and landscaping. . This project is scheduled for completion by February 1, 2000. N/A Info Srvc Public Works DCM/ACM Other Arlita liallam t X Originating Dept: Parks & Recreation Departm User Dept. Parks & Recreation Depart Attachments Costs Total $53,493 Reviewed by: Legal Budget Purchasing RiskMgmt N/A -ef Current FY Funding Source: CIP X OP Other Submitted by: City Manager Printed on recycled paper o None A ro riation Code: 315.93316 Rev. 2/98 '''~~ . " !'. '." ,I 'j " . I . '!\ . \', .' . .l... , If.... . '". ~I . \ . ~ J . "'.,.JlI " .' " " " " ~ '.... ' ~ fit . ...' ;(\ 12 10% CONTINGENCY "I I _ 8AXFRONT TE~~~~__~~~PLEX DEM<?~I~I~~ _uJ~_9-0_o.0_~:~_'3L___ BID OPENING - THURSDAY, SEPTEM8ER 23,1999 AWARD - THURSDAY, OCTOBER 21,1999 ,---.- : -.l---- -----..--.--- ----------..-.-- I ! KIMMINS CONTRACTING ~_ i . CORPORATION KLOOTE CONTRACTING, INC. ! TAMPA, FL. PALM HARBOR, FL. BID ITEMS ----, -OTY---;-UNIT-UNIT PRICE I AMOUNT UNIT P~ICE AMOUNT ---- REMOVE AND DISPOSE OF EXISTING TENNIS COURf-r-- -- :______~--_-.-.-m- -.t---.-- - .----- .------..-.-. CONCRETE SLAB AND ADJACENT SIDEWALKS ------11. ~_'300 !c.~.__ ; $ _. 1.90 ~_$_~}_,~~~:~~_ ~. _ 1.~~__ _$_u__~ ~,.~~~.~O REMOVE AND DISPOSE OF EXISTING LIGHT POLES .: : 2 ~~~~e~N::DO~I~~~~~6~ EXISTING CORRUGATEo--f------ ~~_tEA~1::11 ~.._ ~_O~.~q+!. __1POO-~OI_~___. 234.00 $ 2,340.00 METAL SHEETING, STRUCTURES, PIPES, CONCRETE ! ! I 3 SPILLWAY, ETC. I 1 :L.S. : $ 500.00! $ 500.00 1$ 1,439.00 $ 1,439.00 REMOVE & DISPOSE OF EXISTING 6' AND 10' CHAIN L1NKT--.. i i -- ...... -- r.. .. ,---. . . 4 ~~~~~~ AND DISPOSE OF EXISTING SHRUBS, HEDGEsr--_50()!LF:__+$- ___mO,5~f__m250_00!$__.. 600 1.-~ - -.-- 3pOO:00 : :~~~~L ':~~::O~~L O;A~::~~~~/~~\ANDY~~~-i- _~5~~-!~~CHI i w-5~~a~ - ~~~ ~~ t-16~~~ It .....~ 3,~~~:~~ ORGANIC SOIL, COMPACT, AND PROVIDE FINAL SITE i I i I 7 GRADING (TRt.:CK MEASURE) i 1,100iC.Y. i$ 10.651$ 11,715.00 $ 10.001$ ADJUST EXISTING JUNCTION a-OX-AND SANITAR-Y -- - --'f fl' . 8 MANHOLES AS REQUIRED IN TH_~_U~!:~ _ . l 3 lEACH: $ 200.00 : $ 600.00 $ 227.00 ! $ 9 CONSTRUCT 4" THICK CONCRETE ~.'~.~W~LK 4,500 ISF . $ 2.95 : $ 13,275.00 . $ 3.15 i $ PROVIDE PEDESTRIAN AND VEHICULAR TRAFFIC ; i i 10 CONTROL, BARRICADES, SIGNS, ETC. _..______. __ _ 1 iL.S. ; $ ~n._500:g0.l~_ _ ~_~~.OO J~_. }_~_~:..?Ej._!.----__-?~0-.-~9.- PREPARATION,INSTALLATION AND MANAGEMENT OF : :. 'I 11 PROJECT SIGN (S) 1 iEACH! $ 200.00 I $ 200.00 I $ 335.00 $ 335.00 __.._______ u___-~-_-~:~~_.~~-- -- '-- SUB_~!OTAL: r$~9,9~.5~5~~_r-n_----r$- 48,630.00 1 :L.S. $ 4,99855 . $ 4,998.55 I $ 4,863.00. $ 4,86300 r ..-.-. r- -- . 7 j $ 54,984.05 i i $ 53,493.00 1 11,000.00 681.00 14,175.00 ___ BIDDER'S__TOT~l:.~LUS CONTINC;;ENCYj BIDS SOLICITED - 44 I I 1. Contractors Picking Up Plans & Specs - 5 ---------~-------- ._-~_.- -..-.- Contractors Submitting Bids - 2 -------_._-_.._._--_.~ -.. --_...~". No Response - 3 Sonny Glasbrenner, Inc. Barrow Construction - -! . -I I I I I i i .-, , .. . , ...1--- --. I . j.. 1 I -1- I E.L. Trevena, Inc. --..--__.. - ._ .. -. - .-1 I I ----- .-.--....--1 ---.--'--- ---.---..-- -_..t-. ._______n__ . - - - ----- -1--.- _._-_.._-_._-----_._--~-_..._. ___._ _J _ I ! . . 1. ! , j I I j. .4..__.___.._ . .4 . , --~------_._-- I . .--- -. -..---t------....-.--~..--u--.-.-. t-. - I j----------.- -- -r. -- _ _h .. - I u_ ! - - i ! t _'. v_o. . ._ .i- u_..j... ... ~.. I. ~ ., .. " ',',. ;j!I', :.' :, j .,' ',' '.'; '. ~'.... '.,. . t .;' , ;., ' . ~ I.. 'f ". '. : .' ,', , ";', . ... ,.," \ '., 'f' I. "/ ," .~~ f e fw d- Clearwater City Commission Agenda Cover Memorandum Work session Item It: Meeting Date: ~ /l).~/'Cf/ Final Agenda Item # SUBJECT/RECOM,\1ENDA liON: Approve an agreement with Pinellas County to coordinate efforts facilitating construction of Keene Road, Phase 1 A & 1 B, from Druid Road to Sunset Point Road, IE and that the appropriate officials be authorized to execute same. SUMMARY: · Pinellas County plans to construct/widen Keene Road from Druid Rd. to Sunset Point Rd. · City and County staff have negotiated the various responsibilities associated with this project, resulting in the subject agreement. · The County will reimburse the City for the cost of preparing plans and specifications for the relocation and/or adjustment of City owned utility facilities, not to exceed $80,000.00. · The County will relocate and/or adjust City owned utility facilities as shown on the utility relocation/adjustment plans provided by the City. The County will also be responsible for the engineering inspection, testing and monitoring of the utility relocation work. e The County will pay the City an amount not to exceed $230,000.00 for the City's Cultural Arts Workshop Building and land, located at 1776 Drew Street. · The County wi II pay the City an amount not to exceed $20,000.00 for park land improvements as determined by the City. · The County will supply the special traffic signalization facilities and sign post assemblies desired by the City. · The City will convey to the County various properties necessary for the construction of Keene Road. e The County "viII maintain the roadway, sidewalks and storm drainage systems, and the City will maintain the landscaping, City utilities, traffic signalization and signage throughout this project. · Construction is expected to start by October of 2000, and to be completed by May 2002. . The subject agreement will be available for review in the Cit}' Clerk's Office. Reviewed by: Legal ~ Budget N/A Purchasing N/A Gas Info Srvc Public Works DCM/ACM Parks & Rec. Originating Dept: Public Works A mi istration User Dept. Public Works Ad Costs Total 0 Current FY Funding Source: CI OP Other Attachments Submitted by: City Manager o None A ro riation Code: Printed on recycled paper Rev.2/98 Keene Rd. la.lb Inlerlocal Agreement T~~ ~ ~-- ..-. - fvJ~ ~~ PINELLAS COVNTY GOVERNMENT IS COMM1T1ED TO PROGRESSWE PUBUC POUCY, SUPERIOR PVBUC SERYlCE, COURTEOUS PU6UC CONTACT, JVDIC/OUS EXERCISE OF AUTBOJU17 AND SOUND MANAGEMENT OF PU6UC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR ClTlZENS TODAY AND TOMORROW AND INTERLOCAL AGREEMENT BETWEEN THE CITY OF CLEARWATER PINELLAS COUNTY FOR THE CONSTRUcnON O}' KEENE ROAD FROM DRUID ROAD TO SUNSET POINT ROAD AGREEMENT PREPARED BY PINELLAS COllNTY ENGINEEJUNG DEPARTMENT ..........1 .:l J/iJf'Cl"~ Page 1 of7 TIllS AGREEMENT, made and cutcrcd into em the day of , . by and between Pinellas County, a political subdivisioD of the State of Florida, hereinafter referred to IS the COUNTY, and thc City of Clearwater, a municipal corporation of the State of Florida, hereinafter called the CITY. WITNESSETH, That: WIIEREAS, the COUNlY intends to commence a roadway construction project dcsjgn~ted as Keene Road, from Druid Road to Sunset Point Road; hereinafter referred to as the PROJECT fJDd intends to maintain said improvements including associated sidewalks and drainagc pond improvements; and WHEREAS, the C11Y has agreed to convey to the COUNTY certain real property necessary to facilitate construction of the PROJECT; and WHEREAS, the COUNIY and the C11Y havc determined that it would be in the best interest of the general public and to the economic advantagc of both parties to coordinate and cooperate in their efforts to facilitate development oftbe PROJECT. NOW THEREFORE, the COUNTY aDd the CITY, in considaation of the mutual promises beRin contained; and for other good and valuable consideration, receipt of which is hereby acknowledged by all parties, it is hereby agreed by and between the parties as follows: ~...."" Page 2 oJ7 , , SEClION 1 OBLIGATIONS OF THE COUNTY 1.1 Reimburse the CTIY aD lIDount Dot to exceed $80,000.00 for the cost of preparation of plans and specifications for the rc1ocadoo andlor adjustment of CITY owned utility facilities. 1.2 Pay the CI1Y an amount not to exceed $230)000.00 for the CI1Y's Cultural Arts Workshop Building (approximately 2,800 square feet) and land (approximately 0.86 acres), located at 1776 Drew Street. The ICtUaI amount paid shall be based on an appraisal submitted by a state certified appraiser approved by the CI1Y and COUNlY. 1.3 Pay the CITY an amount not to exceed $20)000.00 for' parkland improvements as determined by the cm. 1.4 Provide the necesmy survey work and legal documents for transfer of CITY property to the COUNlY. 1.5 Develop landscape plans for the PROJECT, in coordination with the CITY and according to the concepts presented. at the V.wlic information meetings, and implement installation of same as part oftbe PROJECT. 1.6 Relocate and/or adjust CI1Y owned utility facilities as shown on the utility relocation/adjustment plans provided by the Cl1Y. This work shall be done at COUNTY expense and include engineering inspection, testing, and monitoring of the utility relocation work. 1.7 Install, at COUNTY expense, the special traffic signalization facilities desired by the CrN. 1.8 Install, at COUNTY expense, the special traffic oontrol signing and sign post assemblies desired by the CllY. 1.9 Provide CITY with Right-of-Way Use Permit for CITY facilities in PROJECT right-of-way. '." SECTION 2 OBLIGATIONS OF THE CITY 2.1 Convey CITY property, including rights-of-way, to the COUNTY) ~at is necessary for the construction of the PROJECT (see Exhibit" A j. 22 Grant the right of cntJy to the COUNTY onto CITY right of way and CllY property that is necessary for the construction of the PROJECT, in addition to conveyed property outlined in Section 2.1. 2.3 Prepare and supply to the COUNlY, plans, specifications, quantities, and acquire all necessaJy permits for the relocation and/or adjustment of CITY owned utility facilities. 2.4 Provide the COUN1Y with details and specifications for thespccial traffic signalization facilities and special sign post assemblies desired by the CITY. 2.5 Supply and install all street name sign plates required for the PROJECT. 2.6 Review and approve project construction plans. 2.7 Upon compJetjon and acceptance of the work, the cm shall own, control, maintain and be responsible for all Cl1Y utility facilities, traffic signalimioo facilities and 1raffic control signing involved with the PROJECT, according to the terms of the COUNlY's Right of Way Utilization Permit. 2.1 The cost of upgrades or extensions to existing utilities, or new utilities desired by the CITY, is at the CI1i" s expense, for which the following shall be applicable: a> The CIlY at its expense, shall design and prepare plans and specifications. CI1Y shall fiunish to the COUNiY, in a timely manner coinciding with die project schedule, complete and reproducible plans 011 ~...... Page 3 0/7 standard size sheets, tDgdbcr with a (OIDplete set of specifications covering all construction requirements for the utility work. These plans and specifications shall be complete in every detail and will include a Summary of Quantities sheet udI<< Bill ofMateriaJs identifying the items of work, with an estimate of cost The plans and specifications shall be signed and sealed by a Professiooal Engineer registered in the State of Florida. if RqUired by state law. b) The COUN1Y sbal1 be responsible for the bidding and award of the Construction Contract and shall include the utility work as a separate option item in its bidding document After the COUNTY receives, opens, and evaluates the bids, the COUNTY shall notify the CITY, in writing, of the COUNTY'S intent to award the con1J'act, and the amount bid for the utility work. The CIlY shall have five (5) days fiom receipt of this notice to determine utile CITY intends to proceed with utility work as part of the COUN1Y'S construction contract (OPT IN) or withdraw from fUrther consideration and perform the utility work independently (On OUT). cm shall give COUNTY immediate verbal notice followed by written notice of CI1Y'S decision to OPT IN or OPT OUT . ~""1fN Page" 017 c) If the CITY decides to OPT IN: 1. . The Cl1Y shaD forward to the COUNTY, within 30 days of notice of tile bid amount for the ClT'Y'S utility work, that full amount, plus five percent (5%) for COUNTY contract administration services, and ten percent (1 ()o,Io) for contingencies. 2. These funds will be deposited by the COUNTY into a trust account for the purpose of payments by the COUNTY to the construction contractor on the CITY'S behalf. Interest will accrue OIl the deposit balance and shall be available for payment of project costs, if necessary. In the event constnJction changes cause the trust account balance to be depleted prior to the end of constJUction, the cm agrees that, within fourteen (14) calender days of notification by the COUNlY, additional funds will be forwarded to cover the remaining estimated construction cost. 3. All information required for field changes and change order3 pertaining to construction oCthe CllY'S utility work shall be promptly furnished to the COUN1Y. Failure to do so will subject CI1Y to pay (or any added expense incurred by COUNTY. 4. In the event final constJUcbon cost billing plus administrative charges is less than the trust account deposit, a refund of the excess, including any unused accrued interest, will be made by the COUNTY to the CITY within 4S days of utility work completion. In the event the final billing plus administrative charges, is greater than the frost account deposit plus accrued interest, the CITY agrees to pay the additional amount within 45 days of invoicing by the COUNlY. s. Upon completion of1he entire PROJECT, the COUN1Y shall ensure that any utility work warrmty is passed on to the em under the terms and conditions contained in the construction contract. 6. All survey layout for construction of the utility work will be furnished by the COUNlY. 7. Upon request, the COUNlY shall furnish one (I) set of record drawings. d) If the cm decides to on OUl': 1. The em affirms, by so electin& that it is ready, willing, and able to perform the utility work in I timely and competent manner, so as not to cause delay to the Contractor. 2. The COUNTY will delete the utility wodc option ficm tlle Construction Contract. 3. The cm remains responsible for all obligations under this agreement except for those relating to payment to the COUNlY for utility work performed by the COUNlY'S contractor. 2.9 AU cost records and accounts sbaJl be subject to audit by a representative of the COUN1Y for a period of1hree (3) years after the Board', final approvaIlIld acceptance of the PROJECT in accordance with Chapter 2. Pinellas County Code. SECI10N3 PROBCf FUNDING 3.1 The COUN1Y hereby certifies that funding has been appropriated and is available for payment to the CITY of the COUNTY's obligatioas. 3.2 In no event. sba1l the total COUNTY reimbursement to the CITY exceed $330,000.00 for pay items outlined in Sections 1.1, 1.2 and 1.3 without an Amendment to this Agreement being approved by the Board of County Commissioners. 3.3 The COUNTY will bear all costs of obligations outlined in Sections 1.4, 1.5, 1.6, 1.7 and 1.8 as part of the road improvement project expenditures, as approved by the Board of County Commi~ioncrs, separate and apart from this Agreement. 3.4 The parties recognize and accqJt the funding restrictions as set forth in Section 129.07, Florida Statutes (1995), which may affect the COUNfY's obligations hereunder, whicb states: WIt is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fimd's budget, except as provided herein, and in no case shall the total appropriations of any budget be exceeded. except as provided in s. 129.06, and any indebtedness contracted for any purpose Jlvin~ either ofabe funds enumerated in t}js chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and the members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the eXcess indebtedness so contracted for" . SECTION 4 PAYMENT SCHEDULE 4.1 The COUNTY shall make payments to the CI1Y for invoiced work outlined under this Agreement in aa:ordance with f218.70, et. seq., the ~orida Prompt Payment Act. 42 The CITY sba11 invoice the COUNlY for reimbursement of costs for park land improvements outlined in Section J.3 after construction of said improvements. Invoices shall include description of improvements cons1ructcd and copies of supporting receiptsfmvoiccsldocuments to verify costs. 4.3 The CITY may invoice the COUNlY on a monthly basis for reimbursement of costs associated with the preparation of utility relocation plans as outlined in Section 1.1. 4.4 AU invoices shall be mailed to the COUNTY'S Designee: Mr. Jerry Herron Pinellas County Public Works Administration 440 Court Street, 4th Floor Clearwater. Florida 33756 (727) 464-32S 1 4.5 The el1Y'S records of expenses related to requests for reimbursement shall be subjec:t to examination, audit. anellOI' reproduction by the COUNlYS agent or representative, should the COUN1Y determine a need for such cx.amination. Records should be retained for three (3) years fiom final payment. ~...... Page .s of7 . .. ~ -",. SECTION S COMMENCEMENT AND TERMINATION OF AGREEMENT This Apeement sba1l take eft'ect upon being executed by the parties and sball be terminated upon the earlier of mutual consent orthe pIIties or performmce oftbe parties obligations hereunder. SECI10N 6 MISCELLANEOUS PROVISIONS 6.1 Any amCDdment to or modification of this Agreement or any alteration, extension, supplement or change of time or scope of the work shaD be in writiDg and signed by both parties. 6.2 Any DOtice C)I' other docwnent whkh either party is required to give or deliver to the othes- sball be given in writing and served either perscoaDy or given by prepaid certified mail, return receipt requested, or by any ~livery service flom which a receipt might be obtained, and addressed as foUows: Mr. James Collins, Division Engineer PineDas Comty Engineering Department 440 Cowt Street; 4th Floor Clearwater. Florida 33756 (727) 464-3613 Mr. Richard Baier, Public Works Administrator City of Clearwater 100 S. Myrtle Avenue Clearwater. FL 33758 (721) 562-4780 6.3 If any word, clause, sentence or paragraph of the Agreement is held invalid, the remainder of this Agreement would continue to conform to the intent of this Agreement 6.4 This Agnement sball be governed and constnled in accordance with the laws of the State of Florida. 6.5 Nothing herein shall be construed to create any third party beneficiaI)' rights in any person not a party to this Agreement SECTION 7 ENTIRE AGREEMENT This document embodies the whole Agreement of the parties. There arc no promises, terms, conditions or allegations other than those ccntainedbcRin and this document sha1l supersede all previous ccmmunic:ations, representations and/or agreements. whether written or verbal, between the parties hereto. This Agreement may be modified only in writing executed by all parties. This AgrcemC1lt shaD be binding upon the parties, their successors, assigns md legal representatives. ~---- Page 6 oj7 I IN.wrrNESS WHEREOF, the parties hereto have caused these present to be executed by their duly authorized oftlcers, and their official seals hereto afl"1Xed, the day and year flnt above written. CITY OF' CLEARWATER, a mUDicipal corporation of tile State of Florida PINELLAS COUNTY, a political subdivision of the State of Florida By: Michael J. Roberto, City Manager By: Chairman Date Date COUNTERSIGNED: ATI'EST Karleen F. DeBlaker, Clerk By: Brian Aungst, Mayor I Commissioner Date By: Deputy Clerk Date AnFSr APPROVED AS TO FORM: By: Cynthia E. Goudeau, City Clerk By: County Attomey Date Date APPROVED AS TO FORM: By: John Carassas, Assistant City AUOmey Date ~~ Page 7017 en J ~ CLEVElAND STREET I.&J I.&J LaJ LLJ ::;) J ::;:) ::;:) J NOR z z z z ~ ~ ~ ~ z U'J ~ en ~ ~ ::;) a tr ~ 0 laJ Q. lAJ ::;) STAR DR z ~ c.n :) z ~ RAINBOW DRIVE w w ::;) :) z Z \aJ ~ ~ W ::J ::.') Z Z ~ ~ z U1 cr ~ ::;:) en ~ ~ ':) ~ ~ 0 W Q. GULF TO BAY BOULEVARD laJ l&J ::J S Z ~ ~ ~ z i3 0: tr > 9 a . . cnY 0Wt€D PROPERlY IA.. 0: TURNER STREET CONEYED TO THE w . · cnv RtGHT -or -WAY TO Z ltJ COtMYED TO THE C LaJ LaJ / ;:) ~ EXHIBIT "A" - 1 OF ~ I - TH lOBE COUN1Y BE 0UtfTY 4 . PMCQ. '032 ~J/ '\ l&J Z l&J l&J ~ I NORTH - ~ A- w AIRPORT DRIVE :J Y ~ z ~ ~ rrA1\O 1IIa CIIICLI , J Z I ~ a: :;) ~ i Q: 0 ,/ \... --.- TIlEt CIM:I.E RIOGEWOOD w 51 w 0: to- w CENTER 51 ::J Z D:: ~ l&J :I: 8 en I L&. ~ \ \JJ ~ -- PARCEl '026 ~ . . ! ! DREW \ STREET , 0 \ I . . CITY OWNED ~ TO BE CONVEYED TO THE CCUNTY l&J . p Q1Y RtGHT-aF-WAY TO BE :J CO+NE'1ED 10 THE COUN1Y z EXHIBIT -Aw - 2 OF 4 ~ ~ z IA \ . 0:: , J a -............r w PARCEl '();40 LaJ ~ W ~ en LaJ ~ 0 "'" .... LEO LANE S ..;1 J NORTH , -PARCEL 1052 \ ~ a: SHERWOOD STREET c &.&J .... m PARCEL '038 ~ OVERlEA STREET ~ 0 LONG STREET a: w z ~PARCEl. IOSJ w UJ ~ ~ 0:: 0 PARCEL '037 I.aJ ...J CD LIJ ~ ::>> z ~ PARCEL '035 z D: ~ PARCEL 103-$ . . CflY OWNED PROPERlY 10 BE CONVEYED TO lHE COUNTY . . CITY RICHT-Of'-WAY TO BE CONVEYED TO lHE COUNTY EXHIBIT "A" - 3 OF 4 PARCEL '032 . . '~ , SUNSET POINT ROAD NORTH TOWNSEND STREET THAMES STREET PRINCE PHILIP STREET ,)- r L&J 5 I-- "" BENTLEY STREET l I I I " - ~ m GREENLEA DRIVE - LU 0 Z - ~ :5 CARLISLE STREET 0:: z W ~ ~ t-- Z LU W Z ~ ~/ w w m ~ 17), ~ ~ ~E ~ I \ ') I ~\- CSXT RAIlROAD . . . CITY OWNED PROPERlY TO BE FlAGLER ORNE CONVEYED 10 1HE COUN1Y . . CfTY RIGHT-OF'-WAY TO BE COtNE'rED TO THE COUN1V LtJ PARCEL IG42 EXHIBIT "A" - 4 OF 4 :J ,:zi '. . , ::, ' .'~ "'... . . . "'," I Item #23 693/ rw~ Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # a3 Meeting Date: 10/07/99 SUBJECT/RECOMMENDATION: Award a contract for BEACH PARKING lOTS #34 & #35 (98-0022- PS) to CALADESI CONSTRUCTION COMPANY of LARGO, FLORIDA for the sum of $246,582.82 which is the lowest responsive bid received in accordance with the plans and specifications, (g) and that the appropriate officials be authorized to execute same. SUMMARY: · The work contemplated in this contract includes the reconstruction of two Parking System parking lots with interlocking brick paver features, extensive landscaping, automatic irrigation system and decorative landscaping and street lighting. . This project will start as soon as possible after award and execution of contract and will be completed within 45 calendar days. These are the city parking lots located North and South of Papaya, between Mandalay and Poinsettia. (next to Eckerds) Reviewed by: Legal <7{{2-- Budget ~ Purchasing Risk Mgmt N/A Info Srvc N/A r Originating De Public Works A ministration User Dept. Costs $246,582.82 Total Public Works OeM! ACM Other Current FY X Funding Source: (I OP Other X Attachmen sl I ; '1..' Submitted by: City Manager 13iAl ~ o None Appropriation Code: 315-92636-563500-545-000 315-92630-563500-545-000 Rev. 2/98 Beach Parking lots #34 & 35 Printed on recycled paper '~~ ]-:E " ~ ,. """: '. .. .. ~ . t . \,",' ,.. / . :. ' .' , , ., . . ". . ~ . It. \. '\"" Z~ -- . . I ' ! I: Wlit~ I ~ tl I .. f ~ ~ I S I I~i! f- ~ So :;;rt I i I i I ~1 .j~i ; rl! Ie I ~ ~ !i!.1 ~ ~~~ a .. ~' ~ ~ ~ Ii - ~f- iE -,- ... ... (j /:: q.. oi:!"' ~~ g~~ e 4( ~ ~ . .. ~. ~ ~!tl '" ~ S!f-2i i; ~~i ~ m S i n~ ~ W . 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Ii.. .. .... .. .. :I ~ ~8~lil 8RRi~ : If ~.!~ ~G~ ~ "ea!5 -~:!..I ~1-8~i........ ........ F !!~n~~ ~ i A.I i i....... .. .. ! ~ 8 888 8 8 S ~ ~ ),Il! ~.I~U3 ~~~!l ~Is ;;;; ;..;.. . 13i".." ~ ~ i i......... M tilt Z . ll' 8' 28828il:ll:; j a !'~! !~~.II _I~i......... ........ ~. ~8~R 8 :II ~Rt:... ~ ~ J i N ~ ~ .. __ ...... '" tilt i 2 g 2 2 ~ ~ 5g!~;Ja .. .. ~3 . I I ';J f~ ~ e lis ~ E I ! i 51 i! ! ~ I i PI I P~I @ .IJ II I pi" jI 11~~n !~!~ ii fUlfIl * .... ~ i ~ g ~ ~ ~ )l $I:;; ~ ~ ! ., . 1!il I~' , ... . T > ., , ',' , .' t ' >'. .,,' '.f- ~ "" . ~ , . . ,..' PW5 Clearwater City Commission Agenda Cover Melnorandllln Work session Item #: Final AQenda Item # ?t-f MeetinQ Date: 10/21/99 SUBJECT/RECOMMENDATION: Approve Drew Street Supplemental No.4 and Supplemental NO.5 to Post, Buckley Schuh and Jernigan, Inc. for additional engineering design required by the Florida Department of Transportat ion, to reduce the limits of the project, increasing the work order amount $579,150.00. I&l and that the appropriate officials be authorized to execute same. SUMMARY: · The City Commission approved the transfer of $550.000.00 from the S.R. 60 Corridor Enhancement capital proiect to the Drew Street Widenino capital project at the Auoust 19.1999 Commission Meetino to provide for the necessary desion modifications required to reduce the project limits. · In order to minimize the creation of non-conforming residential lots due to required right-of- way acquisitions, the proiect limits have been reduced to be from Saturn Avenue to Northeast Coachman Road only. · Supplemental DesiQn Work Order No.4 which is necessary reoardless of the proiect limits for $286,184, includes: Relocation and enhancement of Corona A venue school crossinq as reQuest&d bv Pinellas County Schools to improve safety; Revision of traffic siQnal orientat ion and addit ion of pedestrian crosslnQ at Drew I Northeast Coachman intersection as requested by the City; .-: Review of right~of-w ay acquist ion II cure" plans for compat ibility with design plans; . Supplemental Design Work Order No.5 for $292,966, includes: Revision of all roadwav. sionalization and sionaQe and markino plans to reflect new project limits; Modification of drainage and utility designs and plans; continued: Reviewed by: Legal Budget Purchasing Risk Mgmt Info Srvc blic Works *. Originating Dept: Public Works d inistration User Dept. Public Works Costs $579,150.00 Total Current FY Funding Source: CI OP other x at her x Attachments Submitted by: City Manager ~ Printed on recycled paper 00 None Appropriation Code: 315 -9 2141-56 200-541..{)OO Rev. 2/98 Drew Street Supplement #4 & #5 - _.../IJIlBI' --- -~ -.. -~ ~:,:L~.::~'o..,~. ',<" .' .. Drew St. Supplements #4 & #5 ;)tf Modification of SWFWMD permit. Incorporation of /I as-built" information from Highland Avenue and Drew Street east of Northeast Coachman construction projects; and Revision of utility relocation plans to separate gas from water and sewer, as required by FOOT. · Copies of the Supplemental Work Orders are available in the City Clerk's Office. . Remaining balance in Drew Street Widening (92141) is adequate to fund balance of project. 2 '~"...,. -_.&... - l- U <I: 0:: .... Z o u o 0:: o VU ZW -0:: zu. <to !20:: ZW a:W wZ -,- "'~ :xW :Jo:: :xw v.... 11I<1: .~ ~o:: i!~ V-l :JU 1IlU. .0 ~ ~ 0_ [l.U ,'- l.~':':".,1:,~~':" .,I'J",~'f"':~H,..t1/.,-#,1! ':,,'. ~..... .... ~1..'. 4,',.: .,;' "'.~.'.', ,1\ ,'< ,\: "I,", "j"" '.. I,: ';,', ...,'~,1"'1:: ,'.'.,'~.' . 3ffi :rl- C)l/) ::lc:( 00:: uc:( z9 ~~ ::,,::1: c:( ir::E W.. C)D:: "l:W :zCl "l:c:( ::!,Z c:( t::E W.... a~ 0::-> 0.0 0:: ;;}a. U)~ CD_ Q.U ., ci ;;: ..J ~ ;;: w :E w ..J a. ". ::l III I- W W a: ... III ~ a: o ~ V W -, o a: [l. w ~ :lE j:: III W ... 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"""1",;.,, I, POST, BUCKLEY, SCHUH & JERNIGAN CITY OF CLEARWATER ENGINEER OF RECORD CONTRACT Miscellaneous & Out-of-Pocket Expenses PROJECT: DREW STREET -SUPPLEMENTAL NO.4 PBS&J PROJECT MANAGER: KEVIN COUGHLIN CITY PROJECT NO. OS 080495 CITY PROJECT MANAGER: MASH/O ARASTEH PBS&J PROJECT NO. 60-906.00 PBS&J QC Checker & DATE: MATERIAL: * I Mylars Sheets @ $7.50 sheet = $0 I PLAN REPRODUCTION: * 24 x 36 sets @ $0.78 blackline x sheets = $0 * sets @ $0.78 blackline x sheets = $0 * sets @ $0.78 blackline x sheets = $0 * sets $0.78 blackline x sheets = $0 REPRODUCTION: * 8.5 x 11 (black &white) 400 pages @ $0.11 Ipage x 1 copies = $44 * 8.5 x 11 (color) pages @ $1.95 Ipage x copies = $0 * 11 x 17 (black & white) 730 pages @ $0.125 Ipage x 30 copies = $2,738 * 11 x 17 (color) pages @ $3.50 Ipage x copies = $0 * 12 x 18 (black & white) pages @ $1.10 Ipage x copies = $0 Section Dividers pages @ $0.14 Ipage x copies = $0 * 8.5 x 11 covers reports @ $0.25 each x sheets = $0 * 8.5 x 11acetate reports @ $0.50 each x sheets = $0 * 8.5 x 11 binders reports @ $0.50 each x binder = $0 * 8.5 x 11 collate & unch re orts $0.02 Ipage x a es = $0 PUBLIC INFORMATION MEETINGS: Meeting Handoutsllnformation Packe * 8.5 x 11 (black &white) Handouts @ $0.11 page x sheets = $0 * B.5x11 (color) Handouts @ $1.95 page x sheets = $0 Newspaper Advertisement(1/4 pg) Times @ $1,911.00 Ad = $0 Public Facility Rental & Security Rental @ $560.00 Mtg. = $0 * Presentation Boards (includes mountil' Boards @ $20.70 Board = $0 Slideshow: $0 Computer Slides (develop & process Slides @ show = $0 Voiceover voiceover @ $400.00 Script = $0 Slideshow Equipment Rentai Days @ $235.00 Day = $0 Travel (8 staff - 21vehicle Vehicles @ $025 mile x milE:!s = $0 Truck Rental to transport Meeting Mati Truck @ $76.75 Truck = $0 * Copy Hearing Notice Mailings @ $0.04 pIece = $0 Fold,Stuff Env..Posta e-Hrg. Notice Mailings @ $0.34 piece = $0 MISCELLAN EOUS: Film (Slide 24 exp) Rolls @ $7.99 Roll = $0 Film Development (24 exp) Rolls @ $5.75 Roll = $0 Travel ( trips to miles @ $0.25 mile x trips = $0 Travel ( trips to Project) miles @ $0.25 mile x trips = $0 Travel ( trips to City) miles @ $0.25 mile x trips = $0 Travel ( trips to FOOT) miles @ $0.25 mile x trips = $0 Title Searches Parcels $225.00 each = $0 505 hours @ $20.00 hour = $10,100 hours $7.01 hour = $0 SUBCONSUL TANTS IGeOSCience = ~ = PSI TOTAL EXPENSES = $12,882 10/4/99 ,,:,.., -, - ~-- g- - . , . .~ .' .;.. \. : . . " ~',." ~ .' .' . i. . ~ ',. . . . . .' ;' " , 1 l' . \ , .: I' I ,', . f/ CITY OF CLEARWATER ENGINEERING DEPARTMENT PBS&J WORK ORDER INITIATION FORM Date:ApriI19, 1999 PBS&J Project No.: 60-906 City Project No.: DS 080495 1) PROJECT TITLE: Supplemental No.4 Drew Street (S.R. 590) Roadway Improvements, from North Highland Ave. to Northeast Coachman Rd. 2) SCOPE OF \VORK: The following work activities are added to the Scope of Work described in the original Work Order Initiation Form dated August 4~ 1995: Revise the design plans to: 2.1) Relocate the Corona Avenue school crossing approximately 9 m to the west and realign to be perpendicular to SR590. The relocated school crossing shall be "high visibility" with extra large staging areas with handicap ramps and an overhead pedestrian activated traffic signal with stop bars. Revise the roadway plans, traffic control plans, utility adjustment plans, signing and marking plans, and signalization plans. Perform one additional SPT boring on the north side of SR 590 for the design of the new signal pole and foundation. 2.2) Revise the orientation of the traffic signal pole at 64+57.04 (0.84 left) to orient heads for eastbound SR 590, and add signal heads for westbound SR 590 to the signal pole at 64+42.37 (14.80 left). Add a new pedestrian crosswalk across SR 590 near station 64+72. Revise the roadway plans, traffic control plans, utility adjustment plans, signing and marking plans, and signalization plans. 2.3) Add the additional thirty-five 5-meter auger borings to the roadway cross sections and the drainage structure sheets. Revise the roadway plans. (The geotechnical sampling and analysis was provided for in Supplemental No.3). 2.4) Revise the roadway plans and add a muck probe layout sheets for Pond A and AlIens Creek. (The geotechnical sampling and analysis was provided for in Supplemental No. 3). lof3 -- ..~- ~~ . . . , . t ,'. , f ~, . 'f ' . .-' . '. . ' . , < . '. . .' ,_, ..' t , .. _ "" ~ '. . ' J Date:April19, 1999 PBS&J Project No.: 60-906 City Project No.: DS 080495 2.5) Review right-of-way taking cures prepared by the Department for compatibility with the design plans. 2.6) Project Management required for the additional work tasks included in this Work Order, delays caused by the Department, and additional management of the project to extend to the currently scheduled construction letting in July 2000. 2.7) Revise the roadway plans to reflect new as-built conditions at Highland Avenue (by the City of Clearwater), and Drew Street east of Northeast Coachman Road (by Pinellas County), and revised proposed design for Keene Road (by Pinellas County). 2.8) Revise the roadway plans, signing and marking plans, and traffic signal plans to add provisions for bicyclists to Northeast Coachman Road from Drew Street to Graham Drive. 2.9) Revise the utility contract plans to provide gas utility contract plans and docunlents separate from the contract plans and documents for water and sewer. 2.10) Revise the utility adjustment plans and utility contract plans to add utility adjustnlents required for the construction of the Corona-Cleveland Outfall. 2.11) Revise the roadway plans to restrict the base options to ABC-3. 2.12) Add an allowance for Post Design Services as described in the Original Agreement. 3) PROJECT GOALS: The Project Goals remain as provided for in the original Work Order Initiation Form dated August 4, 1995, as amended in the Vlork Order dated January 13, 1997. 4) BUDGET: A maximum fee of $286, 184.00 has been established for this assignment revision. 5) SCHEDULE: The Schedule described in the Work Order Initiation Form dated August 4, 1995 as ammended by previous supplemental agreements and this supplemental agreement. 20f3 " -- - - - - - . , ". I ~, , ~ ,\ ..' \. /'. ,., . ". ." ~.' . ... .. , "j . ~ . ~. . \ Date:ApriI19, 1999 PBS&] Project No.: 60-906 City Project No.: DS 080495 6) PBS&J STAFF ASSIGNMENTS: The PBS&J Staff Assignments remain as described in the Work Order dated January 13, 1997. 7) CORRESPONDENCEI REPORTING PROCEDURES: The CorrespondencelReporting Procedures remain as described in the original Work Order Initiation Fonn dated August 4, 1995. 8) INVOICING/FUNDING PROCEDURES: The budget for this work revision is a maximwn of$286,184.00 based on actual time and direct reimbursable costs expended. Invoicing Method A, Cost times Multiplier Basis shall be used. 9) SPECIAL CONSIDERATIONS: The Special Considerations remain as described in the original Work Order Initiation Form dated August 4, 1995. 10) PROJECT COMPLETION REPORT: The Project Completion Report remains as described in the original Work Order Initiation F onn dated August 4, 1995. 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U u: LL 4: a::: I- 0 Z 4: W ~ 4: Z <i << c ~ ~ l- e( If) 0 0 llC U a: llC 0 0 LL Q) III :5 w U c 5 Us llC ::; W 0.. III ~ Z III -J Cl W ::> Vi III :lE z w w c 0 01. W I- )( .... V) w <( 0 ~ ..J :::; 11. <( <t ~ ~ ~ I- V) 0 0 Us .... l- I- $ ~ 0\ \D N oS: oS: oS: N ........ ::l: .... oS: o~ '" :28 N..., ... t_ ~~ M '" ... o ~ '" '" g:: ... ;;; o r", ~: ... '" ~ ~ N ... M ~ ~ ... - I- CIl o o a: 1/)0 a:lD :;):) ~;: lt~ c(o I-w CIlI- c( :: t= CIl w - - ,~-- - '\'" .', t.' . .' :..+ .' \ ( ......... :', ~""', .". ," ,,~,,;~~41;., i~'" '\:""'~" ,,' . . ~., '...:' ", "r '.'. ...; ~l,'~.' POST, BUCKLEY, SCHUH & JERNIGAN CITY OF CLEARWATER ENGINEER OF RECORD CONTRACT Miscellaneous & Out-of-Pocket Expenses PROJECT: DREW STREET - SUPPLEMENTAL NO.3 PBS&J PROJECT MANAGER: KEVIN COUGHLIN CITY PROJECT NO. OS 080495 CITY PROJECT MANAGER: MASHIDARASTEH PBS&J PROJECT NO. 60-906.00 PBS&J QC Checker & DATE: MATERIAL: * I Mylars Sheets @ $7.50 sheet = $0 I PLAN REPRODUCTION: * 24 x 36 sets @ $0.78 blackline x sheets = $0 * sets @ $0.78 blackline x sheets = $0 * sets @ $0.78 blackline x sheets = $0 * sets $0.78 blackline x sheets = $0 REPRODUCTION: * 8.5 x 11 (black B.white) 400 pages @ $0.11 /page x 1 copies = $44 * 8.5 x 11 (color) pages @ $1.95 /page x copies = $0 * 11 x 17 (black & white) 730 pages @ $0.13 /page x 30 copies = $2,738 * 11 x 17 (color) pages @ $3.50 /page x copies = $0 * 12 x 18 (black & white) pages @ $1.10 Ipage x copies = $0 Section Dividers pages @ $0.14 /page x copies = $0 * 8.5 x 11 covers reports @ $0.25 each x sheets = $0 * 8.5 x 11 acetate reports @ $0.50 each x sheets = $0 * 8.5 x 11 binders reports @ $0.50 each x binder = $0 "" 8.5)( 11 collate & unch re arts $0.02 Ipage x a es = $0 PUBLIC INFORMATION MEETINGS: Meeting Handouts/Information Packe * 8.5 x 11 (black &white) Handouts @ $0.11 page x sheets = $0 * 8.5 x 11 (color) Handouts @ $1.95 page x sheets = $0 Newspaper Advertisement(1/4 pg) Times @ $1,911.00 Ad = $0 Public Facility Rental & Security Rental @ $560.00 Mtg. = $0 * Presentation Boards (includes mountin Boards @ $20.70 Board = $0 Slideshow: Computer Slides (develop & process Slides @ show = Voiceover voiceover @ $400.00 Script = $0 Slideshow Equipment Rental Days @ $235.00 Day = $0 Travel (8 staff - 21vehicle Vehicles @ $0.25 mile x miles = $0 Truck Rental to transport Meeting Mati Truck @ $76.75 Truck = $0 :$ Copy Hearing Notice Mailings @ $0.04 piece = $0 Fold,Stuff Env.,Postage-Hrg. Notice Mailings $0.34 iece = $0 MISCELLANEOUS: Film (Slide 24 exp) Rolls @ $7.99 Roll = $0 Film Development (24 exp) Rolls @ $5.75 Roll = $0 Travel ( trips to miles @ $0.25 mile x trips = $0 Travel ( trips to Project) 40 miles @ $0.25 mile x 5 trips = $50 Travel ( trips to City) 2 miles @ $0.25 mile )( 40 trips = $20 Travel ( trips to FDOT) 28 miles @ $0.25 mile x 5 trips = $35 Title Searches Parcels $225.00 each = $0 505 hours @ $20.00 hour = $10,100 hours @ $7.01 hour = $0 SUBCONSULTANTS I Geoscience = :~ I = PSI TOTAL EXPENSES = $12,987 4/16/99 - --I I j .~,"~~., ,'j, . ','" ','. " ' :... ., ~~ :. _.~.:." : : /..r ~':""" .. . " ", "J. ,~T.,. ..:'"';.,....~'" : 1,:': I' ~.; ": ,,, ",": ; ~~. " ~.. ;', _, .~ :: ': ';: \:' ~ " .'''' ,..: " ~ f..: ; .: 1 '. ','.~' .~~ :.} > . ~~ ./ ~ ~' ::;' . _ ....: ~~. ::' ',~! ;': .'." .: 1 , t ,} i' T J f .' -:.' .. 'r. ., 'I, of "" iJ ... 0 0 <0.00"$ .c :: 8 N 0 ..., 0 ;;; r-- :g r-- [5 8 8 of E, If) <Xl N I- .... co .,. 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') I '. . . . ,,' , .. - . ,'" REIMBURSABLE EXPENSES REPRODUCTION No. of Sheets No. of XEROX XEROX XEROX XEROX Sets per Set Sheets 8.5X11 8.5x14 11x17 24x36 Roadway 500 15,000 25,440 0 Drainage 3,710 Traffic 0 PD&E 800 Utility design 5,000 8.700 1,050 Survey 84 Total Sheets 10,010 15.000 34,140 1,134 Cost Per Sheet $0.11 $0.11 $0.11 $0.96 Cost by Sheet Size $1,101.10 $1,650.00 $3,755.40 $1,088.64 TOTAL REPRODUCTION = $7,595.14 TRAVEL Roadway POV miles x 0.31 Imile = $0.00 Drainage POV miles x 0.31 Imile = $0.00 Traffic POV miles x 0.31 Imile = $0.00 PD&E POV miles x 0.31 Imile = $0.00 Utility design POV miles x 0.31 Imile = $0.00 Survey POV miles x 0.31 Imile = $0.00 TOTAL TRAVEL = $0.00 843.82 COMMUNICATIONS Telephone months @ Imonth = $0.00 Advantis Passport Gateway Service months @ Imonth = $0.00 Internet Access months @ Imonth = $0.00 TOTAL COMMUNICATIONS = $0.00 SHIPPING U.S. Postal Service 500 items @ $0.53 leach = $265.00 Express Mail Service items @ leach = $0.00 Courier Service items @ leach = $0.00 TOTAL SHIPPING = $265.00 MISCELLANEOUS CADD Film & 30x40 Machine Deve/opin Display Permit Court Newspaper Hours 9 Boards Fees Reporter Transcript Ads Roadway 623 Drainage Traffic 193 PD&E 4 12 $185.00 $475.00 $5,205.36 Utility Design 60 $1,000.00 Survey 26 Totals 902 4 12 Unit Price $17.00 $19.00 $116.00 Subtotals $15,334.00 $76.00 $1,392.00 $1,000.00 $185.00 $475.00 $5,205.36 TOTAL MISCELLANEOUS = $23,667.36 _ --_.._- _ -'- "..~- -.__.~_. ~.'"~..._------- ...-.... ..-.--. -... .-,----.- --'. 0"_ -" -- ._" ..- ......-----. -- : TOTAL EXPENSES = $31,528 , ._ _ _ .. _ __._.,____".__~"___.__.~.~ _._.______._.__ .____n_ ____,_.__ ._.___ ~.__._ _____'.., . 1 0/04/99 Page 1 Sa5_mh1.wk4 '"'iY:"! . , CITY OF CLEARWATER ENGINEERING DEPARTMENT PBS&J WORK ORDER INITIATION FORM Date: June 11, 1999 PBS&J Project No.: 60-906 City Project No.: DS 080495 I) PROJECT TITLE: Supplemental No.5 Drew Street (S.R. 590) Roadway Improvements, from North Highland Ave. to Northeast Coachman Rd. 2) SCOPE OF WORK: The following work activities are added to the Scope of Work described in the original Work Order Initiation Fonn dated August 4, 1995: The Florida Department of Transportation has changed the project description to: S.R. 590 (Drew Street) from Saturn Avenue to Northeast Coachman Road. The following is required to incorporate this change in the project limits: 2.1) Revise the roadway plans, signing and pavement marking plans, and signalization plans to reflect the new project limits. 2.2) Revise the Environmental Resource Pennit No. 4410582.01 (approved 09/24/98). 2.3) Revise the right-of-way maps as required by the revisions to the roadway plans, signing and pavement marking plans, and signalization plans. 2.4) Conduct a Public Hearing. 2.5) Revise the utility contract plans as required by the revised roadway plans, signing and pavement marking plans, and signalization plans. 2.6) Project Management required for the additional work tasks included in this Work Order. 10f3 Date:] une 11, 1999 PBS&J Project No.: 60-906 City Project No.: DS 080495 3) PROJECT GOALS: The Project Goals remain as provided for in the original Work Order Initiation Form dated August 4, 1995, as amended in the Work Order dated January 13, 1997, as amended by this Work Order. 4) BUDGET: A maximum fee of $292,966.00 has been established for this assignment revision. 5) SCHEDULE: The Schedule described in the Work Order Initiation Form dated August 4, 1995 is amended by this supplemental agreement to the current FDOT Letting Date of September 25, 2000. 6) PBS&J STAFF ASSIG1\TMENTS: The PBS&J Staff Assignments are revised as follows: Sharon Phillips, AICP, Principle-in-Charge Kevin Coughlin, P.E., Project Manager Mark Micikas, E.!., Roadway Design Engineer Clark Sartor, P.L.S., Right-of-Way Mapping (813) 877-7275, ext. 505 (813) 877-7275, ext. 361 (813) 877-7275, ext. 485 (813) 877-7275, ext. 568 7) CORRESPONDENCE/ REPORTING PROCEDURES: The Correspondence/Reporting Procedures are revised as follows: All correspondence will be sent to the City of Clearwater Project Manager, Michael D. Quillen, P.E. 8) INVOICINGIFUNDING PROCEDURES: The budget for this work revision is a maximum of$292,966.00 based on actual time and direct reimbursable costs expended. Invoicing Method A, Cost times Multiplier Basis shall be used. 9) SPECIAL CONSIDERATIONS: The Special Considerations remain as described in the original Work Order Initiation Form dated August 4, 1995. 20f3 . - ~. ' , "-> ,I,. ,/' . 'f.' . \. " . . . .' ;,. :'-.,". ,,~~:'~.,; _.~ ....,'r.'.-" .. Date:J une 11, 1999 PBS&J Project No.: 60-906 City Project No.: DS 080495 10) PROJECT COMPLETION REPORT: The Project Completion Report remains "to be determined" as described in the original Work Order Initiation Fonn dated August 4, 1995. i CITY / Riel Cit " PBS&J Date ~~/1-99 Date N\ROADW A Y\DREW\SCOP&FEE\SA5 SCOI.DOC 30f3 . .", '. ~ ',,, :~. ': t,,' '.", '. _. , ,," ',' ':. ,:.,.' ~ j ': .'.,' .'..", r; .:....... '",. ii;":". ~":~' ,~...i "'~''''' ,'.~~'.~~. .~i,:." ,:',. 'Jj L .' 'I,' d"" j&,.... ~z ~~ O~ uO oJ ~~ .xi ~~ ~ ~! ~ u.... I Wu ~ 3!!:l a::o g CLa:: ;JCL ;J tD~ :g CLU CL on o z ~ W ::I I/J ~ a. :;) CoO . ... I/J ~ ~ Q .:.: u l/J -. o If I u o~ i!i~ ~~ ~~ ~3; ~8 ..~ ~~ SW !Jfk tim S ~() ~~ ~ 0....2: I~ ~ i~ ~~ ~ ~~ t;~ 0 )-in 0_ ~ t:m CLU ~ UCL j 8 IS t"C ~ 0 It) ~ Sl ... ~ to.. 8 8 8 ~II Cl ... ... .... M 8' Cl ~ 0 ~ ,..; ~ .. ~ ~ ~ to.. a a a ~~ ~ ~ t"C ... fa ~ .. - ..... Wl II) $ ... :i - ::l ;; ~ :\ tt Cl \I) e l.l .. ;; ;; r:; ~ ~ ~ .... ~ Sl ~ :3 ! ~ 0 0 0 ~ ~ ~ - ~J~ I I I ~I ~ I ~ Ie I ;~ . ~ I I I i .. ; I I , ; ! i li~ I I ! I I I , 0 il I I i I I I , ! I , I , , '11s I i ! I I I 0 i' I I I , , I , I I i I I I I &I: I I ! I Sll ~ lB II) I ~ ~ I C"I i i i ~ .- ! tt i I "'" i , l!t I , I 1 I - ~ ~: ~ M ~ ... i, I I I ... Ul , I:!: .... , , II: , I ;; .. d I , ; , ~I I , I I I .T : , -1 0 I o ~ is I I It) N ~! I - .. I!:! I , N I ItilJ I I I . ' .. I . 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I I \ I .1'" ~ I I N ~ I , .~ , lit II I . i , I , I I I i I I : I !II ji U ii si! ji Si i~ s" .R ~i .! ~i i~ ul ii "'i' .! ~il iJ ~i .~ UI n ~il Ii ~j it 1- :01 I; Ii ~ I I' Ii · I J :;: I I; I I .. I . .. I I I .. .. (j ~ ., I I en .~ ii I I i: ;:1 ~ ...' .' 1I U)I: CL II .. O' i ~ u~ ~ j D:~ f " o~ Q. .. U ~I j CL . i l t .~ j ~ ~ ~I t I t ~ i ~ .! Ih I I ~ CL a: & .5 a: i 5 c; ~ ~ ~ ~ ~ . i~ ~ I t j c! x i [ I Ih U. ~ ~ ~ >. l/J ~ ~ ~I ., ...... '[ ~ 5 0 U)I' CL a: Ih Ih CL w.! :It I I .I ~ ! " - ~ ~ i ~ 'fil CIl I I Icnr, 1101 ~ ~ o WI1 I~~cnft ~ !~U~lP ; \G;~ ~ i~;~ ~ '-'~I....~ ,t;lo:o1 ~t:J!:::.Jj ... ~ 0.. I ~. ~.. I /<<.. .' \.....' 'l" t ~ ~.~, ,\ .t '. i., , \ .", jt..', "'''C' ."~~ . , REIMBURSABLE EXPENSES REPRODUCTION No. of Sheets No. of XEROX XEROX XEROX XEROX Sets per Set Sheets 8.5x11 8.5x14 11x17 24x36 Roadway 500 15,000 25,440 0 Drainage 3,710 Traffic 0 PD&E 800 Utility design 5,000 8,700 1,050 Survey 84 Total Sheets 10,010 15,000 34,140 1,134 Cost Per Sheet $0.11 $0.11 $0.11 $0.96 Cost by Sheet Size $1,101.10 $1,650.00 $3,755.40 $1,088.64 TOTAL REPRODUCTJON = $7.595.14 TRAVEL Roadway POV 520 miles x 0.31 Imile = $161.20 Drainage POV 352 miles x 0.31 Imile = $109.12 Traffic POV 70 miles x 0.31 Imile = $21.70 PD&E POV 180 miles x 0.31 Imile = $55.80 Utility design POV 1600 miles x 0.31 Imile = $496.00 Survey POV o miles x 0.31 Imile = $0.00 TOTAL TRAVEL = $843.82 COMMUNICATIONS Telephone months @ 'month = $0.00 Advantis Passport Gateway Service months @ 'month = $0.00 Internet Access monlhs @ 'month = $0.00 TOTAL COMMUNICATIONS = $0.00 SHIPPING U.S. Postal Service 500 items @ $0.53 leach = $265.00 Express Mail Service items @ leach = $0.00 Courier Service items @ leach = $0.00 TOTAL SHIPPING = $265.00 MISCELLANEOUS CADD Film & 30x40 Machine Developi Display Permit Court Transcrip Newspaper Hours n9 Boards Fees Reporter t Ads Roadway 623 Drainage Traffic 193 PD&E 4 12 $185.00 $475.00 $5,205.36 Utility Design 60 $1,000.00 Survey 26 Totals 902 4 12 Unit Price $17.00 $19.00 $116.00 Subtotals $15,334.00 $76.00 $1,392.00 $1,000.00 $185.00 $475.00 $5,205.36 TOTAL MISCELLANEOUS = $23.667.36 I TOTAL EXPENSES = $32,371 ! 06/09/99 Page 1 Sa5_mh1.wk4 .44 ' f F' '.. ., '_ .,1 ... '. '.1 ~ ~ j . '\ -.',1 ~ J . . I " ,l ,,' , l... " .,1..' . " . rw~ Clearwater City Commission Agenda, Cover Memorandum Worksession Item #: Meeting Date: ~5 JD.~\.q9 Final Agenda Item # SUBJECT IRECOMMENDA liON: Award a purchase order to Row/and Inc. in an amount not to exceed $500,000.00 for sanitary sewer manhole rehabilitation, I&J and that the appropriate officials be authorized to execute same. SUMMARY: . Manatee County awarded a contract to Rowland Inc. on July 29, 1997, which has been extended through the period ending July 28,2000. . Rowland Inc. has agreed to honor the rate schedule as outlined in the Manatee County contract. . The contract utilizes a work order per task structure, and the City intends to continue this effort. Work orders will be issued for manhole rehabilitation on an as-needed basis until the entire $500,000.00 is expended. . A Sanitary Sewer Evaluation Study was recently prepared for the City by Tampa Bay Engineering, Inc. The study identified problem areas of inflow and infiltration into the City's sanitary system. The manholes identified in this study will receive priority ranking for rehabilitation under this project. Reviewed by: Legal ye-.:;- Info Srvc ~ ' Budget. ~/PUbIiC Works Purchasm , _A ~ OeM! ACM ' Risk Mgmt N/A Other Originating Dept: Public Works Ad inistration User Dept.: Public ks Costs Total $500,000.00 Attachments Current FY $500,000.00 Funding Source: CI X OP Other Submitted by: 1) t_ " A 1 City Manager ~'~ IRJ None Appropriation Code: 315-96665-563800-535-000 Printed on recycled paper Rev. 2/98 ~.. ' . pvJ ~ ROWLAND INe. d5 .. 6855 102nd Avenue N. · Plnellas Park, FL 33782 Ms. Lisa Murrin, E.I.. E"Ii~ U 100 S. Myrtle Ave., '220 P.O. Box 4143 Clearwater, ~ 33158 !fPVE ffl M n \VJ 1 r;)J l/f71/ ,f'! ....LJ SEP - 21999 I': , -' PIJBlJ&/~~~f~LAR.Wi~ D~MUS7F:A TlO~ , August 31, 1999 cue. 052617 Phone (727) 545-3815 · Fax (727) 546-8464 . CGC - 008892 Re: MaDhole Rehabilitation Dear Ms Murrin: . We would be happy to honor your request to "Piggy-Back" on our Manatee County "Agreement Professional Services for Manhole ~habilita1ion" c::ontraGt. We, by this letter, agree to honor aU provisions ofthc above contraa.. If you requite any additional information, please contact me. Very tnIJy yours, ROWLAND INC. ~~~~.t/ S. Keith Rowland President SKRJkat . f Manatee County Clerk of the Circuit Court alld Comptro!ler R.B. "Chips" Shore . r K ... P.O. Box 1000. MalfCIIU COIII"Y COII,thouu · Bra(/~nton, Florida 34206-1000 · (94l) 749-1800. FAX (94/J 741-4082 May 20, 1999 Rowland Inc. 6855 102nd Avenue North pinellas Park, Florida 33782 Gentlemen: Enclosed for your records is an executed Addendum 2 to Professional Services Manhole Rehabilitation, extending the agreement for a period of one year, approved by the Board of County Commissioners, Manatee County, Florida, in open session on May 18, 1999. . B. Shore Susan Romine, D.C. RBS:SGR/rll Enclosure cc: Board Records . . Clc.',i IIf Cirellit ami Co","." Cnlll1 · C/~rlc of Boom of COli"')' Comm;ss;nnen · Counl)' Comptroller, "",lilor anti R~conlt, 1l.....!'I...... ~ r......'t .. .. .. ADDENDUMNUMBERiWOTOAGREEMENT FOR PROFESSIONAL SERVICES - MANHOLE REHABILITATION THIS ADDENDUM NUMBER TWO, TO AGREEMENT, is made and entered into by and between the COUNTY OF MANATEE, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "County," with mailing address at 1112 Manatee Avenue West, Bradenton, Florida 34205, and ROWLAND INC., hereinafter referred to as the "Consultant," duly authorized to transact business in the State of Florida, with offices at 6855 102nd Avenue North, PineUas Park, FL 33783. WHEREAS, on July 29, 1997, the parties hereto entered into an Agreement for Professional Services - Manhole Rehabilitation as provided for in this Agreement, hereinafter lithe Agreement;" and WHEREAS, on July 7, 1998 the duration of the Agreement was extended by one (1) year commencing July 29, 1998 and ending July 28, 1999. WHEREAS, pursuant to Article 3 of the Agreement, the Agreement shall remain in effect for a period of one (1) year but may be renewed for two (2) additional periods. each of one (1) year; and WHEREAS, the County has detennined a need for the services beyond the first one (1) year additional period. NOW THEREFOREt for and in consideration of the mutual benefits to be derived, the parties hereto agree as follows: 1. The duration of the Agreement shall be extended by one (1) year, commencing July 29. 1999 and ending July 28. 2000. 2. All other tenns and conditions o(the Agreement shall remain in fun force and effect during the extended ten>>. # '. 1 . .. The parties hereto have caused this Addendum number two to Agreem~nt for Professional Services - Manhole Rehabilitation and related projects to be fully executed, in duplicate, by their authorized representatives. WITNESSES: ~~Y~T ~~O.~~ ROWLAND, INC. B~. v:~~ IOHN L HAMM J l riCE PRESIDENT Print name & title of above signer RECOMMENDED BY MANATEE COUNTY PROJECT MANAGEMENT DEPARTMENT By: b?~.6 2; r: /n i ~ r Janet E. McAfee, Director APPROVED AS TO FORMAT AND CORRECTNESS: By~~.(1 ~ R.C. "Rob Cuthbert, C.P .M., Purchasing Manager APPROVED, with a quorum present and voting this 1& day or~ lifE , COUNTY OF MANATEE, FLORIDA by its Board of County Commissioners By: ~4.. ~~ fk. - t f;., :p:'f....~.:j.- () .. .ll' . &J .'. . . .& !'iJ"J -. . . ., . '. ... , ....-.N"'... Q"; .,...,.' ,'.\' :. ~:~!t:'!~~ I~,:~ \ \ CHAIRMAN . . 2 .. .. Manatee County Clerk of the Circuit Court and Comptroller R.B. "Chip.r" Shore P.O. BO.t Iffto MO"OIU Count.y COII"hollst · Brad~"to", Florida 34206-e. (94lJ 749-/800. FAX (941) 741.4082 Rowland, Inc. €855 l02nd Ave~~e North pinellas Park, FL 33782 Gentlemen: July 13, 1998 f9-:CS 78 1Jld- Enclosed for your record is an executed Addendmum 1 to Agreement for manhole rehabilitation, approved by the Board of County Commissioners, Manatee County, Florida, in open session on July 7, 1998. :~e co: Board Records . . Sincerely, san G. R ine Deputy Clerk Cieri; (If Cirellit and Cn""I)' Cm", · C/~rIc of Boord of COllnt)' Commissioner! · enrmi)' Comptroller; A"ditor and Rtcnrd~r R<<~W * ..., . ADDENDUM NUMBER ONE TO AGREEMENT FOR PROFESSIONAL SERVICES - MANHOLE REHABILlT A liON THIS ADDENDUM NUMBER ONE TO AGREEMENT, is made and entered into by and between the COUNTY OF MANATEE, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the "County," with mailing address at 1112 Manatee Avenue West, Bradenton, Florida 34205, and ROWLAND INC.. hereinafter referred to as the "Consultant," duly authorized to transact business in the State of Florida, with offices at 6855 102nd Avenue North, Pinellas Park, FL 33783. WHEREAS, on July 29, 1997, the parties hereto entered into an Agreement for Professional Services - Manhole Rehabilitation as provided for in this Agreement, hereinafter "the Agreement;" and WHEREAS, pursuant to Article 3 of the Agreement, the Agreement shall remain in effect for a period of one (1) year but may be renewed for two (2) additional periods, each of one (1) year; and WHEREAS, the County has determined a need for the services beyond the initial one ( 1) year period. NOW THEREFORE, for and in consideration of the mutual benefits to be derived, the parties hereto agree as follows: 1 . The duration of the Agreement shall be extended by one (1) year, commencing July 29, 1998 and ending July 28, 1999. 2. All other terms and conditions of the Agreement shall remain in full force and . effect during the extended term. . . 1 The parties hereto have caused this Addendum number one to Agreement for Professional Services - Manhole Rehabilitation and related projects to be fully executed, in duplicate, by their authorized representatives. WITNESSES: ~~~ ROWLAND, INC. BJti~ ~~::~~t Print name & title of a bove signer . .', CHAIRMAN RECOMMENDED BY MANATEE COUNTY PROJECT MANAGEMENT DEPARTMENT By: 6' ~ c:-: )It t: J/.../ Janet E. McAfee, II Director APPROVED AS TO FORMAT AND CORRECTNESS: By: - ,('" ~ (J./Lt R.C. "Rob" Cuthbert, C.P.M., Purchasing Manager APPROVED, with a quorum present and voting this ~ day of , 1~ , " f . ''''.. c . 0- , . .... .;1 ( . C ~ ,.. , .r..... \~. · 0\ " , G' >r::r,-\ ",',,0" tt:JL-.. ..1 . . 2 \ . l 4 AGREEMENT PROFESSIONAL SERVICES FOR MANHOLE REHABILITAnON THIS AGREEMENT Is made and entered Into bV snd between the COUNTY OF MANATEE, 8 political subdivision of the State of Florida, hereinafter referred to 8S the "County, - with offices located at 1112 Manatee Avenue West, Bradenton, Florida, 34205-7804, and ROWLAND INC, hereinafter referred to as "the Contractor. - dulV authorized to conduct business In the State of Florida, with offices located at 6855 102nd Avenue North, Plnellss Park, FL 33782. WHEREAS, the County has determined that It Is necessary, expedient and In the best Interest of the County to retain, obtain or employ the Contractor to render and perform professional services In the manner set forth In this Agreement; and WHEREAS, the County caused a public announcement to be made, distributed and published, requesting proposal (RFP '966019FL), for the selection of a provider of professional services In the manner set forth In this Agreement. The Contractor has submitted a proposal, the County conducted 8 competitive selection procedure In accordance with the County's Procurement Code (Manatee County Ordinance 84- 02, as amended); and WHEREAS, the Manatee County Comprehensive Plan and the Environmental Protection Agencv 201 Facilities Plan require the County to provide an acceptable regional sanitary sewer system. WITNESSETH For and In consideration of the foregoing premises and the mutual covenants. herein contained, It Is agreed by and between the parties hereto as follows: . . 1..(.'. . I,,'.: ".. 1[/' \ '. ' . '. ,.j \ ./ t \ 48T'Cll; 1. SCOPI; OF AQAFf;MI;NT This Agreement sets forth the general terms and conditions pursuant to which County retains Contractor to provide Manhole Rehabilitation Services, on en as required basis for Manatee County. The Scope of Services for this Agreement Is described In detail In Exhibit · A,. Scope of Services. A~T'CLI; 2. COMpl;NAAnON A. Compensation payable to Contractor for services rendered and expenditures Incurred In providing the services Identified In Exhibit "A" shall be established for each written Work Assignment Issued In accordance with Article 5. B. Compensation to Contractor shall be computed based on actual service units and/or hours performed times unit fe8 rate, plus reimbursable expenses up to the maximum compensation authorized for each Work Assignment to provide services as defined In Exhibit "A." C. The unit fee rates shall be the total compensation for the services and shall contain all costs to Include salaries, office operation, transportation, equipment, overhead, general and administrative, Incidental expenses, fringe benefits, operating margin and subcontractor costs. D. "Task," as used In this Agreement, refers to particular categories/groupings of services described In Exhibit · A. " ~RTlC' I; ~. INVOICES AND llM~ O~ FA YrulENI Contractor shall provide County with en Invoice which. shall Include all compensation due Contractor as of the date of the 'nvolce and In accordance with the following: ',! I. .'. . I A. Contractor shall provide County with Invoices not more frequently than once a month for each calendar month In which services are provided. /. /,1' I \,. . . 2 \ ,J.' , ';- I \ i,' I I. J /~ ~\ /. V , f. , ') \ - I, I .1 \ /: I . " , \, Ii' '." .1 I \'1 Ii\. \ \ ! I' "- I I ., '\ /. . \/\ . '),. ) ! /, ./ , :\" , '\ '/ / .f..: , '1/ (. ., ,. . \. I \ \ ,-"' " I I ,. , ../ , I ,'" \. . L I. .j' \. B. Contractor's Invoice shall be In a form acceptable to County, provide specific details with respect to actual service units and/or hours of work Incurred and Include other such detail as may reasonably be requested by County. C. If Contractor's service units and/or actual hours of work performed exceed the amount due based upon the percentage of each phase or task that has been completed, Contractor's Invoice shall Indicate the adjustment Contractor deems appropriate. County payment shall be based upon the actual percentage of each phase or task of work that has been completed as of the date the Invoice Is prepared. 3 D. Total compensation to Contractor for services and reimbursable expenses shall not exceed the amounts provided In the Work Assignment. E. The County agrees to pay the Contractor for the herein described services at a rate of compensation according to the unit rates stated In the Unit Price Schedule, Exhibit -S- attached hereto and made a part hereof and as detailed In the applicable .Work Assignment,. Exhibit "C." The County shall have the right to retain from any payment due the Contractor under this Agreement an amount sufficient to satisfy any amount of liquidated damages due and owing to the County by the Contractor on any other agreement between the Contractor and the County. F. Payment shall be made only after receipt and approval of goods and services. G. If any Work Assignment requires units of deliverables, then such units must be received and accepted In writing by the Contract Manager prior to payment. H. Any penalty for delay In payment shall be In accordance with the Florida Prompt Payment Act (Section 218.70, et seq., Florida Statutes). I. Records of costs Incurred under terms of this Agreement shall be maintained and made available upon request to the County at all times during the period of this Agreement snd for three years after final payment Is made. Caples of these documents and records shall be furnished to the County upon request. Records of costs Incurred Include . . the Contractor's general accounting records and the project records, together with supporting documents and records of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the County for a proper audit of costs. J. . Except where Exhibit -A-provides that payment shall not be made until B Work Assignment or task has been completed or for payment based on actual hours of work, Contractor shall provide County with an Invoice based on Contractor's good faith estimate of the percent of task completed. Contractor shall Indicate on the Invoice the adjustment Contractor deems to be appropriate. K. Any dispute between County and Contractor with regard to the percent of a Work Assignment or task that has been completed or Contractor's invoice shall be resolved In accordance with the provision of Article 9 of this Agreement. L. paymAnt. 1) County shall give Contractor prompt notice of any dispute with respect to Contractor's Invoice and shall, within the time established above, remit payment for the undisputed amount to the Contractor. Final payment for any Task shall not be made until accepted In accordance with the provisions of Article 26 of this Agreement. 2) The County shall remit payment for each Invoice within forty-five (45) days after the receipt of an acceptable Invoice. County shall give Contractor prompt notice of any dispute with respect to Contractor's Invoice and shall, within the time established above, remit payment for the undisputed amount to the Contractor. 3) The Contractor agrees to permit full and open Inspection of payroll records and other expenditures In connection with all work upon the request of the County and to maintain all financial records related to this Agreement for a period of three (3) years after termination or completion of the performance of this Agreement. 4 '. "'k' , ''; M. All costs of providing the scope of services described In Exhibit · A-shall be the responsibility of the Contractor. 4ATICLI; ~ DUItAnON OF AG~I;EMr;NT A. TArm. & at Unless renewed or extended as provided herein, this Agreement shall remain In full force and effect for one (1) year from the date of full execution with respect to the rights and duties of County end Contractor to negotiate snd authorize Work Assignments and, with respect to all Work Assignments authorized during the effective period of this Agreement, until all Work Asslgnm~nts have been completed. b) This Agreement may be renewed for two (2) additional periods, each of one (1) year upon mutual agreement of County and Contractor as evidenced bV execution of an addendum which shall establish adjustments In attached Exhibit "8- as authorized by Article 6. B. CnmmAnCAmAnt. The services to be rendered by the Contractor shall be commenced, subsequent to full execution of this Agreement, only upon receipt of a written "Work Assignment- In accordance with the provisions of Article 5 of this Agreement. The .Work Asslgnmentla document shall be substantially In the form of Exhibit "e," attached hereto and made a part hereof. AIlJICLE 4_ T(;~MIN~JION AND DEFAUl.l: A. This Agreement may be terminated by the County In whole or In part at any time such termination Is In the best Interest of the County. The County also reserves the right to seek termination or cancellation of this Agreement In the event the Contractor shall be placed In either voluntary or Involuntary bankruptcy. The County further reserves the right to terminate or cancel this Agreement In the event the Contractor makes an asslgnm~nt for the benefit of creditors. This Agreement may be terminated by the Contractor only by mutual consent of both parties. '. B. If the County determines that the performance of the Contractor Is not satisfactory, the County shall have the option o~ (1 J Immediately terminating the Agreement, or (2) notifying the Contractor of the deficiency with 8 requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. c. If the County requires termination of this Agreement for reasons other than unsatisfactory performance of the Contractor, the County shall notify the Contractor of such termination, wlthlnstructJons as to the effective date of termination or specify the stage of work at which the Agreement Is to be terminated. D. If this Agreement Is terminated before performance Is completed, the Contractor shall be paid only for that work satisfactorily performed for which costs can be substantiated. All work In progress will become the property of the County and will be promptly delivered to the County by the Contractor. E. If termination shall applv only to additional Work Assignments, County may terminate this Agreement upon dellverv of written notice to the Contractor; F. Should County elect to terminate this Agreement In Its entirety, Contractor shall be entitled. to compensation for all services rendered or performed pursuant to any fully authorized Work Assignment through the date of termination, together with all authorized costs and expenses Incurred In connection therewith provided County has given Contractor written notice ten (10) days In advance of the date of such termination and provided that services rendered and costs and expenses Incurred do not exceed the maximum amount of compensation authorized for any phase of work based upon the percentage of the phase completed or, where applicable, any price established for 8 specific task. 6 ARTie' J; fi. WORK ASSIGNMI;~TS Contractor shaDI provide services only after receipt of a written Work Assignment Issued In accordance with this article and In accordance with the form provided In attached Exhibit .C.. Work Assignments shall be signed bV . . I '~ 1.' \ ! ,,' , .... . I' . r . . . . Contractor and County and shall constitute supplemental agreements entered Into under the terms and conditions of this Agreement. Each Work Assignment shall establish the following: A. A title for the project and a general description of the purpose for the work. B. The maximum total compensation and reimbursable expenses that will be paid to Contractor by County upon completion of the Work Assignment. C. A clear Indication of the services to be furnished for 8 fixed fee and the services to be furnished based upon time and charges provided, however, that where services are based upon time and charges, the Work Assignment shall establish the maximum compensation and Contractor shall not exceed the maximum compensation established for such services. D. From the services listed on attached Exhibit · A,. the services to be provided under the Work Assignment, the unit price and the number of units. Any specific services based upon maximum compensation and billed based upon actual time and charges shall be clearly Identified. E. The agreed to date of completion for the Work Assignment. Where Identified services within a Work Assignment must be completed by a specific date prior to completion of the entire Work Assignment, such date shall be established. F. Any services that will be performed by 8 subcontractor or a subconsultant, the Identity of the subcontractor or subconsultant, If selected, and If not selected, the methodology to 'be employed bV Contractor In selection of subcontractor or subconsultant. G. Anv additional details that may be required to describe the duties and obligations of the parties with respect to a particular Work Asslgnrnent. H. Any supplementary Information, not In conflict with the provisions of this Agreement, such 8S technical specifications, dellverables associated with the Work Assignment or any service. " 7 I. The Identity of the person(s) who will serve 8S Contractor's Work Assignment Manager and the County's Project Work Assignment Manager If different from the Contract Maneger and Agent Identified In this Agreement. J. Where a Work Assignment calls for the preparation of plans, specifications, maps, and/or reports, these Items as well as all data collected, together with summaries and charts derived therefrom, shall be considered works made for hire and shall become the property of the County without restriction or limitation on their use; and shall be made available, upon request, to the County at anv time. The Contractor shall not copyright anv material or product developed under this Agreement. The County shall have the right to visit for the purpose of Inspecting the work of the Contractor at any time. 8 . K. All final plans, documents, reports, studies and other data prepared by the Contractor will bear the endorsement of 8 person In the full emplov of the Contractor. L. The County will be entitled at all times to be advised, at Its request, as to the status of work being done by the Contractor and of the details thereof and communication shall be maintained by the Contractor with representatives of the County. M. E)(tAn~l(ln of Wnrk A~udgnmAnt!l. It shall be the responsibility of the Contractor to ensure at all times that sufficient time rem~lns In the project schedule within which to complete services on the project. In the event there have been delays which would. affect the Work Assignment completion date, the Contractor shall promptly submit 8 written request to the County's Contract Manager which Identifies the reason(s) for the delay and the amount of time related to each reason. The Contract Manager will promptly review the request and make a determination as to granting all or part of the requested extension. If the Contract Manager determines that an extension of 8 Work Assignment deadline Is appropriate, he/she shall Issue a "Letter of Extension II to the Contractor. N. The County's Contract Manager may approve Work Assignments not exceeding Twenty Five thousand ($25,000) dollars for any single Work Assignment. Any single Work Assignment In excess of Twentv Five Thousand ($25,000) dollars, Including anv reimbursable expenses, shall . . not be effective unless such Work Assignment has been approved and signed bV the Board of County Commissioners. Work Assignments shall not be artificially divided to Increase the delegated authority provided to County's Contract Manager. Separate Work Assignments may be required for services which may be 8 part of the same project and the provision of two Work Assignments for such 8 project shall not be considered as an enlargement of the authority delegated to the County Contract Manager. The primary responsibility for Insuring compliance with the limitations of this paragraph shall be the County's and the Contractor shall not be penalized or suffer any loss for Its good faith performance of any Work Assignments received by Contractor and performed by Contractor as a result of County's failure to complv with this paragraph. ART.ell; 8_ NEGOTIAnON OF WORt< ASSIG~I\4I;~T A. For each project, grouping of substantially similar professional activities for a group of projects, feasibility studies or special projects, County shall negotiate each Work Assignment based upon estimated service units, projected by the Contractor and In accordance with the rate schedule provided In attached exhibit "B. - Compensation for each Work Assignment shall be based on actual service units performed, but In no event shall Contractor be entitled 10 reimbursement In excess of the amount established In 8 Work Assignment. County's Contract Manager may authorize, In writing, In advance, adjustments In the compensation for particular phases or tasks established In the Work Assignment provided such adjustments do not exceed the maximum compensation and reimbursable expenditures authorized by the respective political entity for the particular Work Assignment. .<, B. If this Agreement Is renewed or extended as authorized under Article 3, Contractor's rate schedule, provided In Exhibit "B" may be adjusted on the anniversary date of the execution of this Agreement using the Bureau of Labor Statistics Consumer Price Index (CPI-U), U.S.A. 1982- 84 equals 100. The adjustment shall be calculated bV dividing the Index on the anniversary date of the previous year's Index and subtracting 1.00. If, on the anniversary date, the Index shows a change from the Index of the previous year, this percentage, not to exceed four (4%) percent annually, will be used to adjust the rates found In Exhibit -B." This adjustment shall be applicable to work under Work Assignments '. 9 negotiated after the date of the rate adjustment, and shall not apply to Contractor's compensation for any previously agreed to Work Assignment unless the Work Assignment specifically authorizes such an adjustment. ARnCl1! 7. COVI;NI\NTS OE.ll:lE COUfllY The County hereby covenants and agrees: A. That County and Office Directors, or their designees are hereby appointed as the County Contract Managers with respect to the services to be performed bV the Contractor pursuant to this Agreement. The County Contract Managers shall have the authority to transmit Instructions, receive Information, Interpret end define the pollcV of the County and make decisions pertinent to services covered by this Agreement. The County Contract Managers shall have the right, from time to time, to designate such other emplovees of Manatee County as he desires, to serve In their absence. The County reserves the right to designate a different Agent, provided that the Contractor Is given written notice thereof. - B. The County shall make available at no cost to the Contractor I available Information relative to the project that Is useful In the performance of the Scope of Services. c. The County shall give prompt notice to the Contractor whenever the County observes or otherwise becomes aware of anv defect In the performance of work under this Agreement. D. The County shall give careful and reasonable consideration to the findings and recommendations of the Contractor snd shall respond and Issue notices 10 proceed In 8 tlmelv manner so 8S not to unduly delay the Contractor's work called for by this Agreement. 10 E. The County shall perform activities In this Article at no cost to the Contractor. to ~,. <. ~ AflTlCl-1; Ra COVE~4NTS OF r~ COtfiflACvTOB Contractor hereby covenants and agrees: A. That Jack L. Hamm, Jr. Vice President, Is hereby appointed as Contractor' 8 Agent with respect to the services to be performed by the Contractor pursuant to this Agreement. The Contractor's Agent shall have the authority without limitation, to make representations on behalf of Contractor, receive Information, and Interpret and define the needs of Contractor and make decisions pertinent to services covered by the Agreement. Contractor's Agent shall have the right, from time to time, to designate such other employees of Contractor's as they desire, to serve In his absence. Contractor reserves the right to designate a different agent, provided that the County Is given written notice thereof. B. That the Work shall be performed In accordance with the terms and conditions of this Agreement. c. That all emplovees assigned to render services under this Agreement shall be dulV qualified, registered, licensed or certified to provide the services required. All services shall complv with such reasonable supplemental written memoranda and directives provided by the Contract Managers, which are not In conflict with thl~ Agreement. D. That Contractor shall be responsible for collecting all existing data required for the successful completion of each Work Assignment. 11 E. That Contractor shall not knowingly engage In any contractual or professional obligations that create "sn appearance of 8 conflict of Interest with respect to the service provided pursuant to this Agreement. Contractor attests to this via an Affidavit of No Conflict {Exhibit D). F. The Contractor shall be entitled to rely upon that information, which may be provided them from time to time, from the County or others on behalf of the County. Contractor shall, however, call to the County's attention any errors or deficiencies noted In luch Information provided and 8sslst, to the extent practicable, the County In the Identification and resolution of sams. Information referred to above Includes, but Is not limited to, transportation engineering design, construction and additional services; consultations, Investigation and reports and the like, Including all other . . Information to be provided to the Contractor by others and necessary for the execution of Contractor's work under the Agreement. The County shall, however, hold Contractor fully responsible for verifying, to the extent practicable, documents and Information provided by the County and Identifying Its obvious deficiencies concerning documents and Information provided. The Contractor agrees to Incorporate the provisions of this paragraph In any subcontract Into which It might enter with reference to the work performed under this Agreement. . AflTICLJ.; 9- Dls~U1e Rr!SOllJI.lON Disputes shall be resolved as follows: good faith negotiations by the designated agents of the parties and If not resolved by such designated agents after twenty-one (21) days, Contractor shall submit his claim, with the basis for the dispute, In writing to-the Manatee County Purchasing Manager for a determination and handling In accordance with the provisions of the Manatee Countv Procurement Code. Any dispute resolution agreed to by County's Contract Manager or the Manatee County Purchasing Manager, constituting a material change In this Agreement will not be flnal until approved by the Board of County Commlssloner8. If such dispute Involves the percentage of task completed by Contractor, County shall, 8S promptly as reasonably possible after resolution of such dispute" forward payment to Contractor of any amount determined to be due and owing. The services shall be performed by the Contractor to the reasonable satisfaction of the County, and all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution end fulfillment of the services hereunder and the character, quality, amount and value thereof, which cannot be settled by mutual agreement of the parties, shall be settled by recourse to litigation under Florida law. Any such lawsuit shall be flied onlv In Manatee County, Florida. 12 AB,.,ClE 10. P~OP(;RTY OF TUI; COUNrl All reports, technical Information, working data tabulation, background information, and Information provided, obtained or prepared by the Contractor and equipment and supplies purchased outright pursuant to this Agreement, are the property of the County without restriction or limitation on their use and shall be made available upon request of the County at any reasonable time, Including all finished and unfinished documents and other material prepared or obtained by the Contractor. . . '. The County shall have the right to use, without restriction or limitation for County government purposes and without additional charge, Contractor development software programs used In conjunction with the duties and responsibilities of Contractor under this Agreement. Except for the rights stated above, County shall not own or claim any right, title or Interest In Contractor's software programs. ~RT'C' (; 11 _ INOI;MI\IIEICA nn'l The Contractor hereby agrees to Indemnify, defend, save and hold harmless the County from all costs, expenses, claims, demands, liabilities, Judgments end suits of any nature whatsoever, arising out of, because of, or due to anv negligent error, omission, or act of professional malpractice by the Contractor, or due to the breach of this Agreement bV the Contractor, his subcontractors, agents or employees. It Is specifically understood end agreed that the provisions of this Article are not Intended to cover or Indemnify the County for Its own negligence or breach of Contract. ART.Cll; 12 I~SU~ANCE COVI.;f1AOE A. COMMERCIAl- GENERAL LlABIL IlY. The Contractor shall have and maintain during the period of this Agreement, a commercial general liability Insurance policy or policies affording minimum coverage as follows: General aggregate Products ICompleted Operations aggregate. . . . . . . . . . . .6300,000 Personal and advertising InJury. . . .. .300,000 Each occurrence. . . . . . . . . .. . .. $300,000 13 B. . The Contractor shall have and maintain, during the period of this Agreement, a business auto Insurance policy or policies affording minimum coverage 8S follows: Each occurrence per bodily Injury snd property damage lIabllltv . . . . .300,000 Annual aggregate (If applicable). . . 3 x each occurrence limit . . ("I: ; c. wnal(l;~S' CO~PJ;NSA nObl. The Contractor shall also carry end keep In force Workers' Compensation Insurance 88 required under the applicable Workers' Compensation laws and statutes. D. CERTIFICATION OF INSU.BANCf. A~D COPIES OF eouCIES. Certificates of Insurance In triplicate evidencing the Insurance coverage specified In the four above paragraphs A., B., C., and D., shall be filed with the Purchasing Manager before operations are begun. The required certificates of Insurance shall not onlv name the types of policy, polley number I date of expiration, amount of coverage, companies affording coverage, and also shall refer specifically to the project number and project title. Insurance shall remain In force at least one (1) year after completion and acceptance of the project by the County In the amounts and types 8S stated herein, Including coverage for all products and services completed under this pontract. 14 ADDITIONAL INSURED: - The County of Manatee shall be specifically Ramed 8S an additional Insured for Commercial General Liability. If the Initial Insurance expires prior to the completion of operations and or services by the Contractor, renewal certificates of Insurance and required copies of policies shall bo furnished by the proposer and delivered to the Purchasing Manager thirty (30) days prior to the date of their expiration. A8'tICll; 1 ~_ Ul'lGA nON SERVlct;a The Contractor shall: A. Provide. If required by County, any personnel performl~g services under this Agreement to testify In any litigation proceeding. B. Upon notice by the Office of the County Attorney that litigation services are necessary, coordinate and communicate directly with the Office of the County Attorney. C. Perform litigation services 88 directed by the Offlc9 of the County Attor-nav that may Include but ere not limited to: . . 1) Predeposltlon, pretrial or prehearlng preparation. 2) Preparation of court exhibits. 15 3) Attendance and testimony at depositions, pretrial hearings, or other court hearings. 4) Any other services deen18d neces~ary bV the assigned attorney to successfullv litigate and defend the County's position In court. 6) If notified by the Office of the County Attorney In writing, the Contractor agrees to provide litigation services up to and Including the date of the completion of litigation at the hourlv rate of the employee plus overhead, general and administrative, Incidental expenses, fringe benefits and operating margin. 6) The Contractor's travel expenses will be submitted and paid In accordance with Section 112.061, Florida Statutes, provided prior approval of the travel Is obtained from the County Attornev or the County Attorney's designee. 7) The Contractor shall submit monthly statements for litigation services rendered, providing detailed accounting sufficient for pre- audit and specifying services performed, the dates of the services, hours expended for each service, the name of the person who performed the service and 8 breakdown of approved expenses Incurred with all receipts and Invoices attached. 8) The Contractor acknowledges and agrees that In order for both parties herein to close their books and records, he/she will clearly state "Finallnvolcsw on the last billing to the County, which will Indicate that all services have been performed and all charges and costs have been Invoiced to the County under this Agreement. 9) The Contractor shall submit all litigation services Invoices (original and one copy) to the County Attorney or the County Attornev's designee. . . ARTie, 1= '4 'N~OFlMATlON AI;PORTS 16 The Contractor shall provide all Information and reports required by County policies, procedures, regulations, rules, orders and/or 'nstructlons. Where any Information required of the Contractor Is In the excll:Jslve possession of another who falls or refuses to furnish the Information, the Contractor shall certify such to the County, as appropriate, and shall set fOl1h what efforts have been made to obtain the Information. The Contractor warrants to hold and save the County harmless from any and all losses that may be occasioned or suffered by the County 8S a result of the Contractor's failure to be so certified. Failure to be so certified shall be cause for the Contractor to be found In default of this Agreement and shall be grounds for Immediate unilateral cancellation of this Agreement bV the County. All written reports In connection with construction services submitted to the County shall bear the signature of and be approved by a Florida state certified engineer. 4RTICll! 16. LEGAL RESTRAINTS l\ftlo lJMIT.AD.OftS Th~ Contractor acknowledges that the County, as 8 unit of local government and a political subdivision of the State of Florida, Is subject to restraints, limitations, ragulatlons and controls imposed or administered pursuant to numerous applicable laws, ordinances, rules and regulations of federal, state, regional and certain local governmental agencies or authorities. The Contractor agrees that all professional services rendered or performed by the Contractor pursuant to the provisions of this Agreement shall be In compliance therewith. .ll.ATIClE 17- 4SSIGNMENT AND SUaCONTfl4C'IS It Is expected that the Contractor shall have standard In-house capability to provide all the services required bV this Agreement. The Contractor shall not sublet, assign or transfer any work under this Agreement to another Contractor or contractor, without the prior written consent of the County. . . ARllCl r; 18- ~QLlcITATlON...QF CQI\IllIACT The Contractor warrants that It has not employed or retained any company or person other than 8 bona fide employee working solely for the Contractor to solicit or secure this Agreement, snd that It has not paid or agreed to pay sny company or person other than a bans fide employee working solely for the Contractor, anv fee, commission, percentage, brokerage fee, gift, contingent fee, or anv other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty I the County shall have the right to annul this Agreement without liability or at Its discretion to deduct from the contract price or consIderation or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 17 ARTle,1:; 1~_ NOTte,;s All notices, requests and authorizations provided for herein shall be In writing and shall be delivered by hand or mailed through the u.s. Mall, addressed 8S follows: To the County: Manatee County Project Management Department 4422-A 66th Street West Bradenton, Florida 34210 Attention: Janet McAfee (941) 792-8811 To the Contractor: Rowland Inc. 6855 102nd Avenue North Plnellas Park, FL 33782 Attn: Donald E. Reich, Vice President of Construction (813) 545-3816 4QTICL I; 20. aOVI;RNING LAW This Agreement shall be governed by the laws of the State of Florida. Any action filed regarding this Agreernent will be flied only In Manatee County, Florida. '. 18 .anCII; 21 SUBCONTRACTORS It Is expected that the Contractor shall have standard In-house capability to provide aU the services required bV this Agreement except for the work to be performed by the subcontractors specified In Article 23, Key Personnel. However, should the Contractor find It necessary to utilize the services of additional subcontractors, the Contractor shall first obtain the written approval of the County. The Contractor shall also require each iubcontractor to adhere to applicable provisions of this Agreement. The utilization of anv 8uch subcontractor by the Contractor shall not relieve the Contractor from any liability or responsibility to the County pursuant to the provisions of this Agreement or obligate the County to the payment of any compensation to the subcontractor or additional compensation to the Contractor. ARTlel1; 22_ NON-OISCRIMINATION PROCF;QURI;S During the performance of this Agreement, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin or age, end will take affirmative action to Insure that all emplovees and applicants Bre afforded equal employment opportunities without discrimination because of rece, creed, sex, color, national origin or age. Such action will be taken with reference to, but shall not be limited to, recruitment, emplovment, job assignment, promotion, upgrading, demotlDn, transfer, layoff or termination, rates of training or retraining, (Including apprenticeship and on-the-Job training). B. No person In the United States shall, on the grounds of race, creed, sex, color, national origin or age, be excluded from participation In, be denied the proceeds of, or be subject to discrimination In the performance of this Contract. . . AATICLI; 23 lCl;V PI;RSONNI=I The following Key personnel are hereby assigned to the project by the Contractor and shall not be removed from the project until alternate personnel acceptable to the County are approved, In writing, by the County: . John L. Hamm, Jr., Vice President, Rowland Inc. . Donald E. Reich, Vice President of Construction Operations, Rowland Inc. . . Thomas Talbot, Infrastructure Impact Inc. . Bo Nickles, All American Concret." Inc. ~RTI~I ~ 24. II;GAL aUALlFICAnON~ AI\ID "Ii,CAt CONSIDERAnONS The Contractor warrants that It Is 8 regionally known and recognized Ii construction firm, and that It Is duly permitted by the laws of the State of Florida to render the services required under this Agreement, In the State of Florida. The Contractor recognizes that In rendering or performing services pursuant to the provisions of this Agreement, the Contractor Is working for the residents of Manatee County, Florida, subject to public observation, scrutiny and Inquiry, and based upon said recognition the Contractor shall, In all of Its relationships with the County pursuant to this Agreement, conduct Itself In accordance with all of the recognized applicable ethical standards and the reasonable traditions of professional Contractors. ABDCll; 2ft ACcr;PTANCE When the services of the Contractor required for any project are complete, the Contractor shall notify the County In writing. Ther~upon the County, within thirty (30) days, shall either provide Its written acceptance or give the Contractor written notice of any unfinished or Improperly performed services to be finished or corrected; If such written notice of acceptance or exception is not given within such period of time, the services shall be deemed to havG been accepted by the Countv. However, acceptance of the work performed by the Contractor shall not be construed to be an acceptance of Improper, defective or deficient work. 19 . . 'f:':fl. , .. , n ~ ," , , . . . . I). It II understood and pgrtled by the parties heretq. that If any part, term or provision of this Agrpement '~f by the co~rta held to be Illegal or In conflicl with any law, lhtt validity pf the remaining portions or provisions ahall not be affected. and the rights Itnd obligations of thEl parties shall be construed and InfarCCld a. If the Agrpement did not contain the particular Pflrt, term or provision held to b~ Invalid. E. this Agreement shaUlltt governed by and construed In accordance with the laws of lhe State Qf Florida. Ill' further pgrsed thQt venus for any legal or equitable a~tlon arising from or related to this Agreement ahall be In Manatee County, Florida. F. The following Exhibits are attached hereto and made a part hereof: 1. Exhibit "A": Scope of Services 2. Exhibit "a-: F~6 Rate Schedule 3. Exhibit "e": Sample "Worfc Assignment" 4. Exhibit "D": Affidavit of No Conflict 6. exhibit "e": Resolution R-93-22, Drug Free Workplace . 21 The Contractor agrees lo perform or rttnder aarvlces In IIccordance with this Agreement for Mllnhole RehabllltPtlon Services according to the method pf compensation as 8et forth wlthl" thl~ Agreement, ~pon authorization by Manatee County . Contractor: Address: Rowland Inc. 6866 102nd Avenue North Plnella$ Park, FL 33782 py:cf'-- vy~~ tlOHN L. HAMM J . . TITl-E: - - Wii.flfESIDENr .. WITNESSES: G~Q l-0~ ~.. - G.~~~ RECOMMENDED BY MANATEE COUNTY PROJECT MANAGEMENT BY: ~ c!':' /ltc ~ Janet E. McAfee, rector APPROVED AS TO FORMAT AND COfiRECTNESS: BY: - T (l B.M.t- R.C. -Rob" Cuthbert, C.P .M. Purchasing Manager ~~ -f~~VEP.~lth II quorum present antf voting thl~9'll8Y of l;. - , .1~fJ!/-. .. '- . . . ATiE~T: -:~.J3. SHP_A.t; CO~N OF MANATEE, FLORIDA Cler"'-,: f crr~~lt CO;?:: - 60 R:/:- C~UNTY 0 ISSIONERS BY: . BY: Ll-./~ Chairman 22 r:XHIBIT flAw SCOPE OF SERVICES MANHOLE REHABILITATION ". 1 A. SANITARY MANHOLE REHABILITATION The contractor shall provide one of thp follDwing applications In meeting the County' s requirements stated tn this ScapI Df Service: 1. Structural Manhole Rehabilitation - Prefabricated fiberglass liner. 2. Manhole Surfacing (SpraYVVQIII- Pure fused c~lclum aluminate mortar. B. ADDITIONAL SERVICi:S 1. The contractor shall have the capability of performing County selected services which include manhole/wetwell rehabilitation. pressure grouting, and removal of sand and debris from manhole~~ 2. The contractor shall employea adfiquilte staff to perform the services required, ~hould Include; Project Representative, Project Manager, Fielq Supervisor and Senior Foreman. Staff shall PI proficient and experienced In all phases of services mentioned. . 3. The contractor shall perform ell work and shalllle e licensed Contractor for thlsa services. 4. The contractor shall provide services that include traffic control, safety measures for Iloth public and workers and shall coordinate .all scheduling with the County. 6. The contractor shall pr~vlde an Introductory and organizational seminar regarding Its services after award 10 selected County representatives. 6. The contractor shall work yvlth the County In establishing priorities an~ In preparing work assignments. 7. The contractor .hall bit completely responsible for the control of the environment of the work alte during Qn-alte op.lfatlon~. all precautions shall be laken by the selected contractor to protQct the wor"er.. public and County staff from the exposure to harmful or hazardou. ILfbstances within the sewer system. S. The contractor shall bQ nu;ponslbltt for the disposal and transport of all sand, sludge Clnd debris tal<en to thl ManatttQ County I-andfill for processing. The County shall approve all disposal schedules. The contractor shall be responsible for all sewagEt spills and clean-up In lha loading, hQlIling and unloading of the contractors equipment. 9. Thp contractor shall be rtispanslbla for conforming to any and all requirements regarding hauling and di~posal of li8wer yyastes from each County work site In accordance with OSHA regulations anq those that mav be .mandated by the Federfjl or State Governments. 10. The contractor shall ens~re that aU sludge transporters possess aU required local, state and federal transportation permits and that they complv with all local, state and federal regulations, Including but not IImit<<:ld to , 40 CFR Part 263 · Standards Applicable to Transporter$ of Hazardous WasltJlf and Chapter 17-730, Part 3, Florida Administrative Code, as may be amended from time to time. 11. The contractor shall prepare it reporl of each Manhole Inspection and analysis, as required by the County, to be submitted to the County. The County shall then make the scope of wort< determination. 12. The contractor shalt mobilize and be on sile within 8 maximum of twentv one (21) calendar days after issuance of each work assignment by the County, unless otherwise agreed to by the County Contract Administrator or Department Director. In case of emergency, the contractor shall respond within 24 hours of telephone notification to be followed by Issuance of a written assignment. 13. The contractor shall Inform the Countvof Its planned work schedules and shall afford the County reasonable opportunity to observe and inspect the contractors work In process, the County will bet advls43d of all schedule changes and notified when a work site i~ left for p 24 hour period when worle is not complete. 2 EXHIBIT "B" RATE SCHEDULE FOR MANHOLE REHABILITATION . . A. Corrosion Protection ofManhol~ 1. Mobilization -I59Q.00 L.S. 2. Corrosion Protection 1I4"thicJcnesa (6mm) --1J30.00 per vertical foot (vi) 3. Bench IlnvCl1llepair J]so.oo per manhole (mil) 4. Injection Grouting Manhole Depth 0' to 5'0" -1630.00 per mb Manholo Depth S'I.IQ 10'0" -lJt2~0.OO per rnh Manhole Depth 10'.. to 15'0" ~ermh Manhole Depth 1 S'I" .0 20'0. .$2.520.00 per mh Manhole Depth 20' and over ~ermh a. Structural Rehabilhetion ofManholee 1. Mobilization -'500.00 L.S. 2. Application 1/2" thickness (13mm) -1J30.00 per vf I" thickness (2Snun) ---1J 68.00 per vf 3. Prc:fabricated fiberglaas Liner , ' 3/8" thickness (9mm) '~ --'250,00 per vf 4 BencblInvert 1lepair --'250.00 per mb 1 ~{ ~biJ B continued .. s. lnjcqion GrOltting Manhole Depth a to S.O" Manhole Depth 5'111 to 1 0.0" Manhole Depth 1 0'." .0 1 S'O" Manhole Depth 15')".0 20.0" Manhole Depth 20' and oyer Vacuum Jel Cleaning ---1630.00 per mil -11.260.00 permh ~ermh . -12.520.00 per rob ~ermh _$600.00 per mh c. :Prices shown per vertical foo. (vt) are for 48" diameter tnanholea, for 60" diameter multiply price by 1.25. Larger diameter manholes will be: pri~ by the square foot by dividing the vertical foot price by 12.56. This wiU also apply for irregular shapes. Prices quoted for ,be abov~ are based Oil &$ minimum order of $10.000 for Section A, Corrosion frotcctioll of Manhole or a ~m quantity of two (2) manholes for Section Ba Structural Rehabilitation of Manholes. . Explanation ofTcnm 1. Mobilizadon - travel costs incurred in transporting equipment and persoMel to tbe jobsite from the neares~ b.se of operadon. 2. Corrosion Protection - application of based coating for protection from hydrogen sulfide anack. 3. Dencb I Invert Repair - tdinor repairQ made to the bench and invert area of the manhole. 1. Injection Groutins - pl~ent of srout QU1aiQ around the manhole exterior via drilled lJCCCSS points in the manhole wall. Grout 10 be used .. acrylate chemical grout AC400 or A vanti AV/118. 2 ~"t" . ,', '. . 1, I , I I l f .. ...,1 ~' . " ...' '( J . I ''(. ,f" . It.. , ~ .' . ...' , , ~HIBIT .C" . . WORI< ASSIGNMENT NUMBER:- Pursuant to the Manatee County, Florida, Agreement for Construction S~rvlces Intered into bV and bttlwean the COUNTY OF MANATEE, FLORIDA, hereinafter referred to as the .County. and ROWJ.AND INC., hereinafter referred to as the .Contractor,. a determination has been made by the County that there Is a need for lha performance of or rttnderlng of services by the CQnsultant of a certain .Work Assignment" under th~ purview of laid Contract, pnd the Contractor Is hereby authorized to perform or render thQ particular .arvlces of work described as follows: TITLE OF THE PROJECT: PHASES AND/OR TASKS OF PROFESSIONAl. SERVICES AUTHORIZED: C~traclor shall perform tasks as more speclficallv detailed In AUachments through as follows: Ja~~ Nfl- rItl" Subtask Dtla Compensation to the Consultant for rendering all of the above Identified sprvices and products shall not exceed . . Compensation for the tasks shall not exceed the amounts set fonh as follows: Task' - . County may authorize, In writing, In advance, adjustments In the compensation for particular task& established above, provided auch adJu~tments do not exceed the maximum compensation authorizecf for this Wort< Assignment. Partial compensation may be requestecf on Q monthly basis for unit prices and actual hours Incurred' but not to exceed the percentage of the task completed. PAGE #1 -. . :".',. ~.~. ''ll' Contractor shall render the services, and deliver the products, according to exhibits II _ · through · _. aUached herelo. .. WITNESS: ROWLAND INC. tly: OATE: RECOMMENDED BY MANATEE COUNTY PROJECT MANAGEMENT DepARTMENT: py: Jan~t E. McAfee, Director For Work Assignment compensation exceeding $26,000 as the maximum total compensation, thQ following approvals shall be incorporated Into the Work Assignment, Authorization. (Ref. Article 5.., Paragraph N-.) APPROVED AS TO FORMAT AND CORRECTNESS MANATEE COUNTY PURCHASING PAGE 12 t:XHI8IT "D. AFFIDA Vir OF NO CONFLICT .. STATE OF FLORIDA COUNTY OF PJNKI.T Lq BEFORE ME, thQ undersjgne~ authority, this day personally appeared JOHN L. HAMM,JR. , a principal with full puthority to bind _ ROWLAND oc. , hereinafter the "Contractor-), who b~in9 first dulV &worn, deposes and says: (a) Is not currently engaged or will nul become engaged III any obligations, undertakings or contract$ that will require the Contractor to maintain an adver8~rial role 8g810&t the County or that wUllrnpalr or influenc~ the advice, recommendations or quality of work provided to the County; and (b) has provided full dJsclo~ure of I'll PQtentially conflicting contractual relQtionshlps and full disclosure of contractual relationships deemed to raise p question of confllctCs); and tc) has provlde~ full dlsclQlure pf prior work history and qualifications that may be deemed to ral$8 possible question of confllct(s). Affiant make$ thla affidavit for the purpose of Inducing Manatee County, a political subdlvl~lon of the State of Florida, to enter Into this Agreement for .~ ,y~~ Signature Personallv Known x 15'111 day of APl!..tlA,\\\., ......~ V. D II "" ... _ ~ .... "." J<;, I,. f' o~-:;,,'b '{ A J{j::.~+'" . <. ~ '. . ~ ; 0: Mt Comm. ExQIres: ... ~ S::s:: f8b.24,1098 :::1" ~ ~ No. CC350187 ; \ cS\'" A V /!C' / '. ;J. .... (J B \- \ .... ~ r r""fJ-~..",, ......O'l' .: , "" OF f\": ............ Or Produce~ Identification '\\\\"...".' SUBSCRIBED to and sworn before mQ lhls , Hl!LL.C":"\ c \".~~ G. ~~ TiT 1-/0 (.lor L. ~ 7:JuFc-- v ~ PI Notary Public MV commission expires: F~Io. 24./ J 1998 Type of Identification Produced ';1 ~ a:XHIBlT IE RESOI..UTlON R-93-22 " A RESOl-unON Of THE IJOARD OF COUNTY COMMISSIONIER& or MANATt:E COUNTY, fLORIDA, IMPu:Mt:N11NQ '3-101.1)311) OF THE MANATt:E COUNTY P"OCUR~M~NT COPE (ORPINANCE 84-02 AI AMENDEPI TO E:&TAltUSH MINIMUM REQUIREMENTS FOR PlDDalS WITH RESP~CT TO MAINTAINING A PRUQ FPEE WORKPl.ACEi REQUIRlNQ WR1TTU4 CERTIFICATION TO THE COUNTY OF COMPUANCE WITH THE REQUIREM~S i:STABUSHED HEREIN; AND PROVIDING FOR SEVERABIUTY AND I:FfECTlV&: PA TI:. WHEREAS. the Board of County Commlssloner$ of Manatee County recognizes that substance abuse is a complex societal problem that continues to threaten the welfare of the fesidQnt& and community; and WHEREAS, the Board of County Commissioners consJders substance abuse on the job to be an unsafe pnd ceunter-productivp werle practice; and WH~REAS, consistent with Its polley to promote a safe work environment and encourage parsonal health for all cltlzao, of Manatee Co~nty t the Commission finds Il necessary to combalt sub$tancQ abu~Q In the workplace by promoting education and awareness; and WHEREAS, consl$tent with the Prug Free WorJ<place Act (i 112.0465, Florida Statutes) find policie$ applicable to Manatee County amploye8s pursuant to Resolution A-93-' 0, lhe Board of County Commissioners Qf ManateQ County has determined that it 1& necessary and in the best intere~t pf the County to adopt the drug free workplace requirements fOf person. or entltle~ contracting with Manatee County; and WHEREAS, 13-101(7)1) of the Manatee County procurement Code (Ordinance 8+02, as amended) 8uthorize~ the adoption of requirements for maintaining a drug froe worl<place applicable to person$ or entities bidding on contracts with Manatee County. NOW, THEREFORE, BE IT RESOL VE:D by the Board of County Commissioners of Manatee county, Florida, as follows: 1. Certification Required; No person or entity submitting Q bid pursuant to 13-101 ahall be awarded or receive 8 county contract for public Improvements, procurement of goods or services (Including professional service~) or a county leas8, franchise, concession or management agreement, unlesl auch person or entity has submitted a written certlficQtion to the county that It will provide a drug free worl<place by: '. .' .. " . ' \' ~ ~ ," ~ ' . a. providing 8 vvriUen atatpment to .,ach emplovee notifying 8uch ~mployee that the unlawful manufacture, distribution, displnsatlon, posfifUillon or usa of 8 controlled substance 8S defined In 1893.02(4), Florldq _tatLltes, aa the 8ame may be ..manded from tlRlfl to time, In the penson's or entity's workplace I. prohibited Ipaclfylng the action. thilt will be taken against ,mployses for vlolqtlon pf luch prohibition. Such written stetement shQUlllform employ~e'f about: (I) the dangers of drug abuse In the workplace; un the parson's or ftntlty'a policy of maintaining a drug free environment at alllt~ workplaces, Including but not limited to all locations where employees perform any taslc relating to any portion of such contract, busln~ss tran$8ctlon or grant; (Iii) ilny available drug ~ounseling, rehabilitation, and ttmployea assistance programs; and (Iv) the penalties that I'TlaV be Imposed upon employees for drug abuse violations. b. Requiring the employee tQ slon a copy Qf such written statement to acknowledge hie or har receipt of lame and advice as to the speclfic$ of such policy. ~uch person or entity shall retain the statements signed bV its employeefJ. Such person or entity shall also post In a prominent place at all of It$ workplaces a written statement of It' ~ policV containing the foregoing elements (I) thro~gh (Iv). c. Notifying the employee In the statement required by subsection 1. that 8S 8 condition of employment the employee will: (I) abide by the terms of the statement; and (II) notify the employer of any criminal drug statute conviction for a violation occurring In the workplace no later than five 15) days after such II conviction. a .'''f . ~. At pUllme. ppnlntlnt tD the performanc~ of allV contract with Manatea County, notify the cQunty within ten (10) daya f)fter receiving nutlcQ under auba,ctlon c. from an emplovee or otherwise recQivlng actual notlcQ of such conviction. 8. Imposing appropriate per~onnel action pgalnst s~ch employee up to and Including termillQtlon; or requiring such emploype to satisfactorily panlclpate In " drug abuse assistance or rehpbilitatlon pragrJlm approved for ouch purposes by fit feder~l, atate or local health, law enforcement, or other appropriate agency. f. Making 8 goad faith effon to continue to maintain a drug free workplace through Implementation of sections 8. through 8. of thl$ subsection. 2. Severability. It anv part, section, subsection, or other portion of this Rasol~tlon, or any application thereof to any person or circumstances declared to be void, unconstitutional, or Invalid for any reason, such pan, section, subsection, Of other portion, Qr the prescribed application thereof, shall be leveritble, and the remaining prOVisions of this Resolution, and all application. ttlen)of not having been declared void, unconstitutional or Invalid, shall remain In full force and effect. 3. Effective Data. This Resolution ~hall ta~e effect ninety (90) days aftar adoption by the Board of County Commissioners. ADOPTt:D In open session by It majority of the duly elected Board of County Commissioners of Manatee County, Florida, this 2nd day of February, 1993. ORIGINAL DOCUMENT SIGNt:D RY BOARD OF COUNTY COMMISSIONERS CHAIRMAN MS. LARI ANN HARRIS ON FEBRUARY 2, 1993 AND IS ON FILl: AT MANATEE COUNTY CI-ERKS OFFICE. 3 . " prqg Fr.. 'or~ 'I_c. clrt!fic.tion SWOfUf S1'~TEKEUr rURSUl\lfT TO St:crlolf ]-101(7)(8),. HA"~T'E C9UHTY PROCUREMENT COD~, o~ DRUG fREE WORK fLAC~S tHIS fORf1 HUST PI SIGNED ~"D SHoa<< TO IN THE PRESENCE OF ^ NOTARY PUBLIC OR OTIIER OFFICIAL ~~f"O~JIIP TO ADHIHISTER OAT~S. Thla ,warp statement i. lubmltte4 to the Hanatee County Boftrd of ~f ~ h" L. H g '^ M · \Tr-- I Vi s:.~ fl'''l: e-t~.,I\1- ~ Iprint IndlJ).clual" palll8 W title J 'Of--b.C~H-d I a If\, ~ ~~ ~ · Iprlnt ~am. of .~tity lubmlttln9 .worn ~rr JaJ.~~ F L. 3.J:J..r /l. county Commi8.loner. ~ho'. bualnu&1 .ddres8 1., P,y., t: fJ4.r f'~ tI'" k.. ..tatemsl\tl A-v~A u~ ~t:J""'~, Incl .4.t .fpllcabl.J ItA "ctaral Emfloyor ~d8t'ltlflcation tfumber (rEIN) 1. 5"""-o,~, ~ flf t~. .ntitf h.e no r.I", lnclud~ ~~e Socill securlty Number ot the individual .i~ning this ,worn .tatemGnt, .} J undtaE'Bt..nd ~h.t: no perlon a-=- entlty pheil be awarded or receive a county contract for publIc ~provement., frocurament of good. or .ervlce. (includiQg professlonal .ervlcel) or I county lea.., franchi.., concesBion or ~anagement agr.ament, or .~.11 receive I grant of countf ~nl.w u~le.. 8uch pe~.on o~ .ntity ~.. 8ubmlttad a written certlficatlon ~o t~e County t.hat It will provide I drug fr.. wor~ place by' (1t provldlnv a wrltt.n .tatement to eAch employee notlfying 8uch employ.e that the unlawful ",.nut.ctur.. di.trlb...t 10n. dl.palllilatlon, pOIl....J.on or ua.. of . controlled sub.tanee .. defined b~ 5893.02(41, flor!d. Statut.., .. the ..ma may ~. amende4 fJ:'cma till. ~o ~lm., ~n the perlon'" or entity'. work pl.cla 1a frohlblted .paclfrln~ the action" thltt wl11 ~e ta~an agalnet employ~e8 for vLolation at .uch f~ohlbl~lon. ~uc~ wrlttpt'l ,tatement .hall inform employoe. about, t1) the ~ang.r. at drug Ibu.. 1n t~. work pl.c., (l1.J ttle pertlon" or 8Iltlty'. pollcy of maintainin9 a drug fr.. envlronment .t .11 it. work places, lncludlng ~ut not limlted to all locatlon. where employee. PElrferm any tAlk a:"Ctlatlf19 to any portion of 8uch contract, buslne88 transaction c~ grant, (111) any aVlllable 4rug ~ounB~llng, rehabllItation, and employ.. A..i_tanca programa, .n~ (tv) the p.pal~l.1 that roar .,. irnp0884 upon employee. for drug abu.. vlolatioR'. . (2) f\equ.rlng ~h. ttlPplofeB to ,19n a copy of B~ch written statement to .cknowledge hi. or ~.a: receipt of .,me and advice a. to the apecific. of auch policy. Such per,oR or anti~, .hall retaln the atatemento 81gned by It. employee.. Such fBraon or entity shall aleo pelt In ~ ~rominent place It all of it. work placell a tlJ"ltt81l .t,ttiment of it. polIcy cont.llling the foregoing a1.mentl (i) ttlrQ~gh (Iv). . <IlRUGrntE, FlU.,> .. ell NotLfylng the employee 1n ~h. .tatement r.quired by 8ubsBctlon (I) that a. . condition of .~plo~8"t ~h. '.flof.' wtll, 11) abide by th. term, of th, .~at.m.nt, _"4' fJl) notiff ~h. emplofer af .ny c~lmlnal dr~9 statute conviction for I vlo1at oq occurring 1n the wo~k pJac. no lat.~ t~.n tlv. <<S) daf' .f~er .uc~ . convlctlcn. (4) Ilotlf)'lng the County wlt~ln ~.n (10) day. Ifter racelving notice under .ub..ction (3) from In employ.. or Qt~e~wl.. receIving actual notIce of luch canvlct:.ian. 15) lar,pollpg approp~ late peraonnel .ct ion .galnst luch eltlploY4le up to anet ncludlpg t.~in.tlon' or re~ulrln9 ,~ch employee to .a~lpf.ctorilf participate in _ drug abu.. .ael.tance or rehabl.ltatlon program approve~ for such purposes by . federal, atat., or local ~ealth, law enforcement, or other appropriate agencf- c't "ak!ng a goad 'a1th effort to ~ontlnue to ~alnt~ln a drug free work place through lmplementatlon of ..ction. (1) through (5) .tated above. . J UIIDIRSTAHD nlA1' THE SUBHJSSlotf OF 1'"15 fOI\H to TilE CONTftl\C1'ING OFrJCEIt rOft HAtfATEI COUffTV J. V~J,.ID fllROUGH DECf;HBER 31 or THE CALENDAI' YE:~R lit KIlle" IT JS ffLED _ I A"'SO UIIDERSTI\ND 'J'PAT AN~ CONTRACT OR BU~I"BSS TRANsACTIOtf SIIAI,L PI\OVIDJ fOR SUSPENSJOIf Of P~YHE"TS, QR TIRHltlATIOM; OR BOTH, IF "fIlE CO"TItACTUfCi OffiCf?;R Oft TnE COUNT~ ADHJUJSTRATOR PETERHIHE:S TPAT; (It Sqch re~.on or .n~lty hi. Gad~ fal.. c~rtlflcatlon. <<2) Such perRon or entlty vlolete. luch ce~~!f~catlon by falling ~o carry out the r8q\l1.~"lQent. of ,Bct Ions <<1) f '2 t, 131, (4), (5), or (6 t Of Rub.ect lop J- J 01 ( 1>> (II), 01: (3) Such a number of ~ploy.e. of .uc~ pe~.op or entlty have bean convicted of vlal.tlcn~ occurring lp the work place .. ~o Jndlc.te t~at .uch paraon or entlty ~.. f.l1-d to mak_ a goad 'alt~ _ffart ~o provid, ~ drug free wor~ place 'I requlred ~r ,ubsectJon 3-10J(1)IJ). ~cY~=+ IS n,:,tute, Sworn to and lublcrlt::ted betor.. me t~l. 2.Lr.f:- day of O~-t.9...L ~./ , 19q ~ . f.~.onal1f known ./'" OR ,roduced identification - State of ful',cA.a-. Hy COl1lDilil8Ian ex Pl...., I(.I\RtH M.litWJlttU r tit CWUSSlOO , CC34751i EXfIAf, 1 ftbNaIY 26. 1ta1 eaMlm 1tIIl1IPf fAIIIKSUAAIU.If;. or stamped name of notary public) ITYfe of Identlf~c.tlDnl IPrinted type conm1881oned for. ~~Tt& 1093 IO~/DJ/9]1 ([,lflUGfREE.fRH> .- '- '" fUlLIC cOHTJAC~I"Q AND ~flVJfto~nrAL CRJ~S CERTIFICATION SWOI\N STATEHEtlT PURSUl\tlT TO ARTICLE 13; "^HATEE COU"TY rRO~U~~HE~T CODE 1"11 rORH HUST BC slaffED AND SWO'Uf TO Iii T"~ ffl!Sf;"CE OF It NOTARY pUBLIC 01\ OTIIEf\ OFFICIAL l\Ul'flO,UZSD TO ADHUU~TER OAmS. Thl. tworn .tatement 18 ,u~ltte4 to the "anatee County Board of County Comml_sioner. tJy~ '" L- I I-IQ "" M.=J T".~ 1/ ,.. C. II! -.Pr-e r .. ~ f''' + "Iprint individuar'. .,amil a.,,, tit..) 'or' Q 0 W ,.l1 ,... e:;( :r '" t::. . lprint pame of entity .ubmlttlnq .worn statement) ",ho.. bU81n8s8 .delre.. i.. ~ It) ~V~A v", NdtA+t.... :ji'Y\eUt4J Pt4,..(<. F,- 33:1L:L .n~ elf 'ffllcable) it. fpder.. ~mflofet:' Jdentlf ieltion tfurnber (FEltf) ~8 Sti -097fi.8Qf:j If the .ptity ha_ no fJ!", Lnclude the Soctal S,curlty Number of the individual ,lvn1ng thls 'wo~n atateroenta I underptand that no pefSOn or entity ~~a~' be awar~e4 or feceive a county contract fOf public ~prDvemen~., procurement of 9Q048 o~ ..rvlc.. (including professional services) or _ county 1...., franchi.., eDnc...lon o~ maPlgemaot a9reement, Dr shall receiva a gr.nt of C9untf mon~.. unl... '~ch per_on or wntity paa submitted a written ce~tific&tlon to the COunty that it ~a. notl (It beGn convicted of ~~lb.ry or att,mptlng ~o ~rlb~ a public officer or employee of Ha".te. county, tt1. State ot florida, or any ottlllr publIc entity, includIng, but not llmlte4 ~D the Oov.rnment ot the Unlt.4 S~4t,., any atata, or any local government authorltv In the United stat." !n that offlcer-. Dr employ~.'. official capacltYI or (~) been convlctad of an .~r.em.nt Q~ collullon amopg blddera or prospective bidders 1n J:'..tralnt ot ff..dOAl of competitlon, bV agreement to bid . llx.d price, 01 otherwllle, or fJt b..n convlcte4 of a vlolatlon of an envlronmentQl law t~at, In the 801e opinion of the county', Purchaal"g Director, fet'ect. pegatlyely upon the abIlity of the p.r.at O~ .ntltf to conduct pu.in... ~n _ ~D8fOn.lbl. ~a"n.r, or (4 t Illade an adml.".lon ot gull t; of ,uch conduct delfcr ibed In item. CJ>>, (2) O~ (3; above, which i8 a matter of record, but has not been prosecuted for such conduct, Ot ~a. ~d. an adml..ion ot guilt af euch conduct, ~hlch 1. a matter of record, purlulnt to 'o~al prosecution. ~"admieqlon of guilt shall he construed to include a plea at nolo conte"dera, or (5t where an officer, atflcl.l, (tgen~ or .",ploye~ of a ~u81.ne.. entity haa bee. convIcte4 of or ha. admitted gull~ to .nf of the cri~e. eet forth above an behalf a' auch an4 8n~ltl 4nd fUr.u.nt ~o the 4lrectlon or authorlzation of an official thl{ICl ,lncluding ~h. per,on committ~"g t~. offen.., If he 1m an official of the bU8ine8 entity., the busine.. .hall be ch4~ge.bl' wIth the conduct hereinabove eet torth. ; bu.1ne8. entIty ghall b~ chargea~le ~lth the conduct of an affiliated entity, wh~the' wholly own.~, farti_lly pwned, or one which ha. commop ownership or a cammon aoard 0 plrector.. For pur~'.. of thl. fo~~, ~~.ine.. entltl~. are afflllated lf, directl or lndl~.ctll' on.. bUIln... .P~ I tJ control. Of. h',,' the power to control anotht! bua1ne.. entlty, or .f ,n lndlvl~ual.or group of lnctLvldua18 controls or has the pow~ .', f"\'CR'tu:. nu~ ~ ~ ~o conteol tJoth .ntltl... JncUcl. 01 cOl1tJ'ol "hall include, wlthout l1mltat lan, lnterlocklng ..n.g.~.nt or .owner1hip, l~.ntlty of inter,ata amount family ~ember., .hared or9.n~z.tion of . bu.ln... ~ntlty followLng the 1~_llg1bl1Itr af a bu.in... .ntlty und.~ thl. Article, or ullng 8ubstal1tlallY the aame management, owner.hip or prlnc1ple. .. the lp..!gl~l. entitv. ~V per.on or ~ntl~y who clatm. th_t ~hi. ~rtlcle il lnapplicable.to hl~Jher/tt b.ca~'8 . conviction or judgement ~.. b..n f,verlB4 by a court of competent jurildlction, ahall prove th- ,ame with 4ocu.ent.tlo~ ..tl.factory to the County" purehallng Piceetar. Ppan pr..entation of .uch ..t~'f.ctorf proof, th~ per,on or entlty Ihall be allowed to contfact wlth the COQnt,. I uamJf\STAND 'I1IAT THE SUBlilSSlotf OF TRIS fOItH TO 1"1 CONTflACTIHG orFICEIl fOR t.IAIfATEJ: COUnTY Ii VUID THROUGH PICEHBIIt 31 Of THE Cl\LBIID~R fEJ\R IN HIIlCH IT IS FILSP. ! ~LSO UnDERSTAND 1'HAT Mi' CO"T~CT Oil "USItfJ"S Tl\AlfSACTIOtt SHALf,. f~OVIP' fOR SusfE<<S10<< Of PAYHiIiTS, OR TllQilftAT.OH, OR aoTlt, If' TIlE CONTAACTJ~G ofF.CEA OR Tft! COUNTY ADHunsTMTOf\ OETEJUtJIIES 'fRAT SUCB rSR80" oa IflTI~T .a. ~I faLSI cE~1Jr,cA~JoH. ~~ c7;ff~ (S natural Sworn to and aub.crlbe~ befor. .e thL. ~ day of () ~ -l-p , .,-,.. , 19 f'4 . '.rilonal1v known /' t1 OR 'roduced Identification - State of -B. ~ ,.: ~ ~ 'Type af Identification) "r co~1..1on explre. . ~M.ClY\&iftfE 111 OOUISSQt. ct14ni'. 9 EAPIil: '. feIwIIY 28. 1iN IOIllIEJl ntU 1M't fAllIllll.lWlCl Ill: -. ,Printed type or .tamped comml..loned name of notary public) . CliveR U1t . ffUi · A...~r.I'I... ~<;"U. <'I. :m.~.;. .".. ....'.1I'.:;1'Q., .'f ..r..... ",.':. -. < R' :1l.".';..N' '.. C''. ..1. :#fHI~i:WF<~~~;T:Jf~..::/?iYLj;<; .}::r-'.DATi'(~Dml'. , ~~. · "~" '. ~ . ;~;:s;.,: . ':1.:::.-, # ,. .' .:),~~}.1l~~~~~:;:;~;~:..::::~;::::::.::~;::::~:::r?;::.~~.:::.:..:::~~~}.;\~;~~::.:.:.;..;~..:;?J 41 1/^1 ....,.. ......:. ... ......."""""'.......oh...- ", .,~ . ,', ..'.. .WN" '. . ';~:;....,.,.<. "....~. ~..' .' '. .:;;., ...... ..... '.. ,'. " .:.~<:.;:.~~:~..)::.: :-:::t.:~.:::~::.:::.::::.~.:..:.';:~~.:~.::.;........; .........:...~.-:::.. ~".'::-' ~., .-':...~I, a3 ~C)~ . THIS CERTifiCATE IS ISSUED AS A NATTER OF INFORMATION " ONl Y AND CONFERS NO flIGHTS UPOti THE CERTIFICATE Aon fll. tt S. r v Ice, 01 f lor i d. tiOlOEft TIiJS CEAT1FICA TE DOES NOT AMEND. EXTEND OR · 16150 W. Courtney C_mpb.' I C,~y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Su I t, aDO COMPANIES AFFORDING COVERAGE Temp.., fL 33607 CotM>ANY 813-G3n-3600 A TRAVELERS INDEMNITV CO OF IL cOt... ANY B EMPLO ERS SELF INSURERS FUND COt,f) ANY C NORTHBROOK PROPERTY a CAS Rowl.net Ine fi866 102ncl Ave N Pln,II.. P.rk, fL 34666 660206W/962Q6 9/011Q6 GENERAl.. A~CUTE . 7/01/97 PROOUCTS-COt.P/Of' 1.00 . PfRSow.L & ADV ~y . EACH OCamENCe . FIRE DAMAGE (Any MIJ tiff) . LCEO EXP (Any ~ parson) $ ~4BItED SINGLE LlUIT , 1/01J91 BOOllY ~y , (Pet person) BOOIL y ~... , (P.l accident) PROPERTY DAMAGe $ 1000000 ' C~AIiY D ~'J ~.;..~.. ....'=.. ;~~:;..>>:;.~::;:-~:O:.:X~~ . y~..'l>~~~t:;"4~';:~""~~:%'<<::~>;:~;:::>"'::~~':':"':~~"'~~~::;'~'J.~fs:7::!~~:S)'''>;,>';':~n::~~::';;>~';';';'~;'~$~;',,::>>.~;/.<<~i:::<:c.:>>'~><'1.::""::::::>.i::::"~':':~;':::<:::." "". ".,' . .~::::::~ v. .. ..?{;. ~"""/.~'$1i~t:~::~..: .:-:. 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CO mil Of IM'UR~CI "ouey NUMaIll pelley IfFICTIVI pouey IXPIftATIO LTI DAn lMMIDDIYYl DATE (MMlDDlYY) .....UTl 2000000 ! 2000000 1000000 1000000 300000 toooo AInOMODUWIIJTY IN'I AUTO ALL OWlED AUTOS SQf3lU.f1) AUTOS HARf,D AUlDS HOH-OVitED AUTOS 810836G4712 9/01/96 INCL EXCl AUTO 01-1. Y . EA ACCIDEIIT . OTHER THAN AUTO 0Nl. Y: EACH ACCJDeH1 . AGGREGATE , EAOf OC~ . CUP836G4184 9/01/96 7/01/97 AGQRfCUTE . SIR . STA.TUTORY LIWTS <......... .......... OQ30-11902 4/01/97 4/01/98 EACH ACCIDENT , 600000 DISEASE . POLICY um , 600000 DISEASE. EAot aFlOYEE , 60000r. 81644360 7/01/96 1/01/97 limit:l,442,62S. Rental Eq '76,000. 1DlC8f1 UADIJiY )( 'AI8RaLA FCR.I OIHER nw. ua.eRfllA fOfbA WOIiCDI COMPIHIATION AND PM'LOYDI' waun B ItE PROfRIE1OR1 Pi.niniffiSlEXEaJTlVE OFFICERS ME; cntP Equlpmont flpoter Re"tad/L..uedEquip C DG'CI'I'TJOII Of O,UATION,'-OCATlONIJJYIHICUsmICJAL 1Ti..' Ro: Sanittry Maphol. Reh.~ilita1ion ServIF.' A~re'ment. Certiflca1e Holdar I' r'~OBnlled o. Addition.' Insured with rospect. 10 the Goner.' LI.bi Ilty qo,rd of County Commis.lonur, Men.t.. County 1112 ~.n.te. AvenuD We,1 ar.d.ntop, fl 34205-1804 on. . ... "..... .w~,:.... '.. . ,...,~.. .. ."<<"li... .... . ... :.:.:.. ";'~:...:.:::1lt.M~'~.~d;......::."".<...~:....=:"':,~,w. ."."'''''''~..~~ID]~..>>;l<<1R~'~^. .;... iWL~'. .. ... ::w.:~. ,;;>.>.:.>~. . .'';';;'-*,,>;.<:>,:.:, '[0 ,. ~ w. =- . ~"...,..""."" '>~'>" . . . ......... .,x h.~Mi ..A .m:.. .n :oem,a<.,,./. "". ~..... ":<.,~."" . ;<~~.:<.,:;(...... . :..;'~ x. ~~~!.'::~~~.. ',' .'\.........c-.. .....1;i .......... :\ ->~~ ~ .~ . '.' " -... .... '..:'., ;.:.'. ~~.. . .,Jf.i . H. ~~;!.I!:~,.s,.~ ~ .z....J........ :. ........ \.'- '~oi~:'Io '. .:@')O.;'.... .....;'.X....... ~. . . '.' . ; .'. ,., '. .~ . - (' . .. t'9~ .' ,~~:: .;< :~Wh.:~~.$~;:.. ~HOUI.D AHY 01' THI MOVE DEIC"lSfD POUCWI 8E cAlfCIUJD IErO". THE 'XP"'^TIO't DAn .rtt~Eof, THI IISUIHQ COMPANY WLL El4DlAVOll TO MAL 30 PAY" WftITTJH "OTIC!! TO THI CERTlFJCAU HOLDEft HAUi.D TO THI UFT, IUT floW". TO MAL ,UCH HOTICE IHAU. IMPOla NO OiaUQATION 01'1 J,fAILITY 0' tc~D UPON THIi COMPA! . "I AQiJm 01' ftEPRISElflATIVU. AlITHD ". 01179600, 'IV,' ......... ....'-.'"....>..........~ ....... ................. .=CORifoR.AlitiN\'.9B.~ ," ' ":" ..,: '. ' I ~ ,', , ' ',' . " . 'r "t' 4 '''II"' " " .' ~. " : /,..: ....... ,:,..... i . 6 '. ' : ',.' T' ~ ~ .'" __ " ?, { '" t. - . , Item #26 099~ it pw7 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeting Date: ~~ JO. J.J. ql Final Agenda Item # SUBJECT/RECOMMENDA TION: Award a contract with MacKay Meters, Inc. of Nova Scotia, Canada, in the amount of $785,000 for the purchase of 2,400 complete electronic single-space parking meters and 200 spare mechanisms, funding to be provided under the City's Master Lease Purchase Agreement. [&] and that the appropriate officials be authorized to execute same. SUMMARY: . On May 6, 1999, the City Commission approved a parking rate adjustment for all beach parking facilities. . The Commission also approved staff to move forward with the purchase of new electronic parking meters as the existing meters could not be adjusted to accept the rate increase. . The purchase of 2,400 meters was estimated to be over a 2 year period of time for the entire parking system as a lease purchase on the City's Master Lease Purchase Agreement, with 1,600 purchased the first year for all beach meters and the difference in the second year for the downtown meters. o Several options for new electronic parking meters were reviewed and tested and the MacKay unit tested well according to our requirements. . The MacKay meters will accept coin including the dollar coin, as well as pre-paid debit cards with future expansion capabilities to include smart card technology. . This purchase will be a "piggyback" according to Florida Statutes, Chapter 287 - Procurement of Personal Property & Services from the City of Orlando, RFP 99-363 dated July 13, 1999. . Lease purchase funding in the amount of $400,000 is available in 315-92638. Electronic Parking Meter System. A first quarter amendment will reflect an increase to the project budget of $385,000 of lease purchase financing. . The debt service payments estimated at approximately $84,600 for fiscal year 2000 were included in the approved operating budget of the Parking Fund. Reviewed by: Originating Dept: , Legal N/A Info Srvc =1t( Public Works Adm Budget ~ Public Works User Dept. I Purchasing <- OCM/ ACM Public Works Adm Risk Mgmt N/A Other Attachments -- Costs: $785,000 Total Funding Source: Current FY ClP OP Other x X Submitted by: ,>>,_, a J J City Manager r~ ~ lEl None 435-01333-571300-582-000 435-01333-572300-545-000 A ro riation Code:315-92636-564000-545-000 Rev. 2/98 Printed on recycled paper ~'. ..--... - .- ---. .~ '~'"r. I J" ~.~.' .....~:.~. '..~ :":'::#''''l:':~:':''+Y ":-..t :.....:~.. .:~,.4'. ~".:.: ,.')~.;,. '/ _..':,,'~"'l'.;':'-'I.J,\:.~" ......~../.,4~,..:'I'..1 " ;:.~;'tj:r-..\' ~.;.~ ,.:~'l .,': ..... " '.'l'.~.;; ~ #'A"'~~:!' .I,f''' ,~'f' ..~.:. .('A Meeting Date: ~'1 10 . ;l f . '1~ pLtJ 5 Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # SUBJECT /RECOMMENDA liON: Authorize the City of Clearwater to enter into agreements with subrecipients approved in the Consolidated Plan D and that the appropriate officials be authorized to execute same. SUMMARY: On August 5, 1999 the Commission approved the FY 1999-2000 Consolidated Plan for funding through the Community Development Block Grant, HOME Investment Partnership Program, and State Housing Incentive Partnership Program. The goals of the Consolidated Plan are to develop viable communities, provide safe and affordable housing, and expand economic opportunities for very low to moderate income persons. The Consolidated Plan identified several non-profit agencies and earmarked funds for the agencies to carry out the objectives listed above. In accordance with City ordinances and federal mandates, the City must enter into an agreement with each non-profit prior to expending funds. Listed below are the name and amount of each organization authorization to enter an agreement is requested: Community Service Foundation - Fair Housing Clearwater Neighborhood Housing Service Strive Program Community Pride Child Care Inc. Homeless Emergency Project Family Resources, Inc. Religious Community Services, Grace House Clearwater Homeless Intervention Program Mustard Seed - Turning Point Partners in Self Sufficiency Pinel/as Opportunity Council Tampa Bay Community Development Corp $ 24,000 $ 15,000 $ 85,000 $150,000 $ 75,000 $ 33,525 $ 12,000 $ 56,435 $ 22,500 $ 50,000 $ 21,815 $ 20,000 The following organizations will have an opportunity to participate in the performance based Housing Pool. NA ... Originating Dept: Planning and Developm Services User Dept. ~ Attachments Costs Reviewed by; Legal ~ Info Tech Budget ~ Public Works Purchasing 0- DCMlACM Risk Mgmt NA Other NA Total NA Funding Source: Caplial Improvcmenr Current Fiscal Year Operating Other Submitted by: 12~11 ~ Cit Mana er ~ Appropriation Code: o None Rev. 2/98 . .' , 'I., .' ,l"{ . ,. I ' . _' . ," "I, " . I /' , ,. ',' " " , ' ' .. ., , ',' , \'" ";.' ';'-"';~~ ~'..,.~ "....,.~ "" .. . -tleaiWater Neighborhood Housing Services, Inc. Community Services Foundation Pinellas Habitat for Humanity Pinellas Homestead Tampa Bay Community Development Corporation ~'l 2 .,'\,J""'~ ,f. ....\ ":'.',','_"!.~l','-""~''',~'''".t:.; .~~>~"'''.)-'.''~' .l':"t""';,"-',;";I',~ ..".;','.'."~. ~\".I";"'~..l(..',t' .~';,',~;,,'.. '.:'_'~. ,"-..I'\.T':t': :;':'f"':,:::--;<.';'...:;.:-',;,.'. f L\) 5 ~1 AGREEMENT THIS AGREEMENT is entered into this 1st day of October, 1999, by and between the City of Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the PARTNERS IN SELF SUFFICIENCY, hereinafter referred to as the "Provider". WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for the purpose of conducting a Housing and Community Development Program (HUD) with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act"; and the Cranston-Gonz.alez National Affordable Housing Act of 1990; and WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban Development for the purpose of conducting the HOME Investment Partnership PrograITI (HOME) with federal assistance under Title II (42 D.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act of 1990 of 1990, as amended; and WIIEREAS, the City has entered into an agreement with the State of Florida for the purpose of conducting the State Housing Incentive Plan Program (SHIP) with State of Florida assistance under the William E. Sadowski Housing Act (Florida Statue 420, Rule 91-37) which was signed into law on July 7, 1992; and WHEREAS, the City has determined through its Consolidated Plan of Objectives and Projected Use of Funds, which was adopted by City of Clearwater on August 5, ]999, the necessity for providing a family self- sufficiency program for low to moderate income single parent head of households; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES The Provider agrees to implement the Partners in Self Sufficiency Program in accordance with the projected accomplishlnents attached and made a fully binding part of this Agreement, as Appendix 1, as follows: Provide funds for administrative support for program which provides a comprehensive support system of education, housing, child care and counseling for low income families, principally those with single heads of households. The comprehensive support system shall include case management and counseling, employment and training referrals, referrals to and recommendation letters for scholarships, to link individuals and entire families with mentors, to use its support services funds to provide tuition, books, fees, supplies, utility deposits, bus or car transportation cost, childcare, medical and dental care and seminars, and donated food, clothing and furniture. Page 1 of 11 \~ . :'l~"''''''! 1..,:,1 '._ ;.,.........tl~..;~..~ ~~..i.#..:.;:;..".;,.~..f....l.~..^'.~...~~t.,.; :'\',';', ,.;..J..:;'....~.... ..1 ""',.1. .'.,,~..:''';...,~'_......!~ :.".t!:'.w.....~,~..I'.I.,':..~,4 SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: A. The Program shall serve eligible low and moderate income persons living primarily in Clearwater. B. The Provider shall maintain in its file the documentation on which basis it determines that the project benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall include, but not be limited to profiles identifying financial classification, head of household, dhnicity, race and gender, or area benefit data, as required. C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: 1 Logging citizen comments or complaints when received. 2. Copies of comments and/or complaints received in writing. 3. Copies of responses to complaints and/or explanations of resolutions to complaints. D. The Provider shall comply with the following attachments to the Office of Management and Budget (OMB) Circular No. A-IIO, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by reference into this Agreement. 1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance. 2. Attachment E, "Bonding and Insurance". 3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which the specific activity is reported on for the final time. 4. Attachment F, "Standards for Financial Management Systems If. 5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2. 6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be "program income" and that personal Page 2 of 11 '1~ : ." .;;....:. :'~,,'~"' .' ,-I,' ;. /"F '. '. '~." ".. it..\~ ,.".~ '4" ',~' ;'....l't~.. ../~ '. ';.' ,1', ,,' "", '.f,. ' '., \: I"" ,.... property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 7. Attachment 0, "Procurement Standards" . E. Costs incurred under this program shall be in compliance with Federal Management Circular No. A-122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement. F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable, incorporated by reference into this Agreement. G. No expenditures or obligations shall be incurred for the program prior to approval and release of funds from the U.S. Department of Housing and Urban Development and/or the State of Florida. Further, it is expressly understood that in the event no funds are released from the U. S. Department of Housing and Urban Development and/or the State of Florida in connection with this Program, then the City is not liable for any claims under this contract. H. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin or sex. I. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed by said party, it will take affirmative action in attempting to employ low income persons residing in the City of Clearwater, particularly minority group members. J. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income", gross income directly generated from the use of CDBG funds. In those instances where the City allows the sub- recipient to retain program income, these funds shall be expended for CDBG eligible activities, previously approved by the City in accordance with the projected accomplishments and budget descriptions attached to this Agreement. K. The Provider shall adhere to the applicable requirements contained in the II Acknowledgement of Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if applicable. L. The Provider shall comply with First Amendment Church/State principles, as follows: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of reI igion. 2. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Page 3 of 11 --11Il J - - ~- ". ~ ........... . t" ,,-1. t J ,~".,-., .,'~~. ,u::'. .\, ,,:. ~'~ I.' - . :."\' ,: "',' '., ,""~ f"~'~ ..... .... . ' 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. ". 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. 5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any religious facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may made if such repairs are directly related to the public services; are located in a stIucture used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. M. The Provider shall transfer to the City upon expiration of this Agreement, any CnBG ,HOME and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG, HOME and/or SHIP funds. The following restrictions and limitations <lpply to any real property under the Provider's control which was acquired or improved in whole or in part with CDBG funds in excess of $25,000: 1. Any real property under the Provider's control must be used to meet one of the National Objectives in the CDBG Regulations. Part 570.208 until five years or such longer period of time as detennined appropriate by the City after expiration of the Agreement. 2. If the real property is sold within the period of time specified above, the property ITIUst be disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributable to expenditures on non- CDnG funds for acquisition of, or improvement to, the property. Such reimbursement is required. N. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and released by the Provider shall include the statement: FUNDED BY THE CITY OF CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIP PROGRAM, AND STATE HOUSING INCENTIVE PROGRAM In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT Fl.JNDS, HOME INVESTMENT PARTNERSHIP PROGRMl FUNDS, AND STATE HOUSING INCENTIVE PROGRAM FUNDS ADMINISTERED BY THE Page 4 of 11 . . , ...' ' ,. , -.. " ~ . I""" ., .' ,} ~ ,: ' . ,'" , A'. ~J,', ~. " ,,' ',' II- ~. I~.. .' ..... . A.. ~ " I ." ~. , ;","';' . "J ...". . .",.....i...!'., I . - J . r-."" DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT" shall appear in the same SIze letters or type as the name of the Provider. O. The Provider shall ensure the following when entering into a sub-contract agreement: 1. The full correct legal name of the party shall be identified. 2. The "Scope of Services" shall describe the activities to be performed. P. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: 1. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement~ including matching funds and program . mcome. 2. Time sheets for split-funded employees who work on more than one activity, in order to record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG related charges. 3. How the StatutolY National Objective(s) and the eligibility rcquirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate detenninations, income certifications, written agreements with beneficiaries, where applicable. Q. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after close-out of this Agreement, of the address where the records are to be kept. SECTION III: TERM OF AGREEMENT This Agreement shall be deen1ed effective upon approval and release of funds by the U.S. Department of Housing and Urban Development and/or the State of Florida and being duly executed by both parties, whichever is later. This project shall become operational as of October 1, 1999, and shall continue through September 30, 2000. Page 5 of 11 " J'~;"*J.,1 ': ", .' ::' .'" ',",._ "~';"T''f'';''J':'''~ 1,,_"'.. ,. .;:.' ,"'. ~ \.'iI'.,~ ',. :..~.:' " .,. '~...., SECTION IV: TERMINATION The City and the Provider agree: A. This Agreement may be terminated by either party hereto by written notice of the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. B. This Agreement may be tenninated in whole or in part, for convenience, when both parties agree upon the termination conditions. A written notification shall be required and shall include the following: reason for the termination, the effective date, and in the case of a partial termination, the actual portion to be temlinated. However, if, in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate such in its entirety. C. The City may place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. 1. Cause shall include, but not be limited to, the following: a. Failure to comply and/or perform in accordance with this Agreement, or any federal statute or regulation. b. Submitting reports to the City which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the subrecipient, and applicable HUD rules and regulations. 2. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. 3. The City shall notify the Provider in writing when sufficient cause is found for termination of this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in writing, appealing the termination prior to final action being taken by the City. Page 6 of 11 ~~ .f-.t.\ ...,.tt"~.l/"li ~'~-"'I. f' ..'; ..... ,". ....~, ,. ,',..,1 {,~ :"'l'~ .:., ,\;' ,.~...... } ._"t.,;. . . :;"\~..'''{' D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of the U.S. Department of Housing and Urban Development and/or the State of Florida, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. E. Coste; of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelable, and 2. The costs would he allowable if the award were not suspended or expired normally at the end of the Agreement in which the termination takes effect. F. Upon tennination of the Agreement, the Provider and the City shall meet to discuss the City's determination if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION V: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope of the project and/or the Project Implementation Schedule or increase the total amount payable under this Agreement, shall be valid only when reduced to writing and signed by the City Administration and the Provider. The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless and until the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION VI: METHOD OF PA YlVIENT It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall be reserved in the amount of FIFTY THOUSAND DOLLARS ($50,000) for the Partners in Self Sufficiency Program. The funds must be expended in accordance with the terms and conditions of the Agreement. Any remaInmg balance of funds shall revert to the City or other approved provider(s). Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1. A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will Page 7 of 11 ---- :\i': ~ l \ t: :'_'tl ~ I ~ (If ...::\? f',l'" .'.... ,""'/.-',: ~ -~: ~.~ ,.J :..-:/ :.t.{r, '" I:' ~e\.."'I~': \ ",Jr "';:~ ....:/{r: provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if submitted by the deadline data for inclusion on the drawdown request. B. The City agrees to pay the Provider for expenditures incurred under tbis Agreement on an as needed basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendix 1. Line item transfers are allowable only within each component and may not exceed in the aggregate fifteen percent (15 %) of each line item without prior written approval of the City. All changes amounting to more than fifteen percent (15 %) require prior written approval. SECTION VII: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Community Development Block Grant Program, HOME Investment Partnership Program and State Housing Incentive Program funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the Above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion which shall be binding on both parties. SECTION VIII: INDEMNIFICATION AND INSURANCE The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of the Agreement. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against the City, when requested, and shall pay all costs and judgements which may issue thereon. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All liability insurance coverage shall be approved by the City's Risk Management Office prior to the release of any funds under this Agreement. Generally, the amount of coverage necessary would be at a minimum of $300,000. Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City's option and any payments then due may be permanently withheld by the City and the City will have no further obligation under this contract or any subrecipient contract. Page 8 of 11 ~#.~If':"'"'''''~''' ',,,,,..:;. or<< ......,..t..f.,~.\..~:! ,I, ~! .f"" ,:.. ~.~.....'~~;'l ,::....., ~...,...~. ~.. --.~_,.:'"l:\ ~ .1', '...' .. SECTION IX; REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staft'discussions on a regular basis. The Provider also assures prompt and efficient submission of the following: A. Monthly Reports are due no later than the tenth (lOth) day of the succeeding month and shall include the request for payment when applicable. Contents of the Monthly Report, attached hereto and made a part hereof as Appendix 3, shall include but not necessarily be limited to the following: 1. The Narrative Report Form 2. The Financial Summary Form, which shall include the request for payment and documentation, as applicable. 3. The Client Profile Form B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider to the City's Housing and Urban Development Department for review and approval. The contents of SaIne shall include a cumulative total of the data submitted during the program's operation. Further, such report shall include statistical findings which depict program efficiency; i.e., the number of dollars spent, including non-CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the program's effectiveness. and quantitative results. The final report will be evaluated and the Provider will be notified if additional data is necessary or that the project/activity is considered "closed-out". Other Reporting Requirements may be required by the City in the event of program changes, need for additional information or documentation and/or legislation amendments. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may be considered by the City as sufficient cause to suspend CDBG, HOME, and SHIP payments to the Provider. SECTION X: AUDIT AND INSPECTIONS At any time during normal business hours and as often as City and/or Federal Government representatives may deem necessary, there shall be made available to representatives of the City and/or the Federal Government an opportunity to review, inspect or audit all records, documentation. and any other data relating to all matters covered by the Agreement. An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year. The audit shall be performed in accordance with OMB Circular A-IIO Attachment F, OMB Circular A-133 or Page 9 of 11 ", '. j , .' ~ . '.'. ..' j. I "'~.'. ." /' I OMB C\rcular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such close-out. SECTION XI: COMPLIANCE WITH LOCAL. STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for compensation originated from grants of federal Community Development Block Grant Funds, HOME Investment Partnership Program Funds and State Housing Incentive Partnership Funds, and must be implemented in full compliance with all of HUD's and the State of Florida rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. Page 10 of 11 " , < ~ f \ ..', .. ,. '. ~. . , IN WITl'iESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. PARTNERS IN SELF SUFFICIENCY By President Date ATTEST: ~ Secretary Date Countersigned: CITY OF CLEARWATER, FLORIDA Brian Aungst Mayor-Commissioner By Michael J. Roberto City Manager Date ATTEST: Approved as to form & legal sufficiency: Cynthia Goudeau City Clerk Date [Assistant] or [Interim] Page 11 of 11 , . . \.. f , ". .. ~\ .' . IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. PARTNERS IN SELF SUFFICIENCY By President Date ATTEST: Secretary Date Countersigned: CITY OF CLEARWATER, FLORIDA Brian Aungst Mayor-Commissioner By Michael J. Roberto City Manager Date ATTEST: Approved as to fonn & legal sufficiency: Cynthia Goudeau City Clerk Date [Assistant] or [lnterinl] City Attorney Page 11 of 11 ~' . Item #28 /0/1 (I) PLDG:, Clearwater City Commission Agenda Gover Memorandum Worksession Item #: Meeting Date: ;;(~ 10,;) \,'1~ Final Agenda Item # SU B JECr IRECOMMENDA TI ON: Approve a grant funded position titled Assistant Director for Housing with the City's Planning Department (!J and that the appropriate officials be authorized to execute same. SUMMARY: The Assistant Director for Housing position will be grant funded through federal and state grants - there will be no impact to the general fund. This position was an approved FTE in the City FY99 annual budget. The Assistant Director of the Housing Division is currently filled by temporary contract employee. This request is to approve a FTE for this position and to continue to provide this level of staffing for the future. The funding for this position is available through the administrative funding provided by the federal and state grants. During the past year, a position was transferred from the Housing budget to the Planning Department budget to manage the Neighborhood Services Division, leaving Housing one FTE short. .. ,. T ,',..,' ...,;.:.; ,"'.l",',:', .r User Dept.: Costs Reviewed by: Legal Budget ~ Purchasing ~ Risk Mgmt Originating Dept.: Info Srvc Public Works OCM! ACM Other . Total Current FY Funding Source: CI OP Other Attachments Submitted by: City Manager 6;Ji ~ o None A ropriation Code: Printed on recycled paper , \ " , . " ' . .:' ~ I " . . , ~ ' , . , . ',' , ,I. ' '. ., ~.' '. ' . , : , t ~? ASSISTANT DIRECTOR FOR HOUSING NATURE OF WORK This is responsible professional, administrative and management level work planning, directing and coordinating programs to enhance affordable community housing including administration of the Community Development Block Grant, HOME grant and the state SHIP grant. Work involves responsibility for the planning, research, development and administration of activities pertaining to development and redevelopment of residential projects including site improvement, special studies, and the supervision of a professional and administrative staff involved in the preparation of background data and development of related projects and administration of redevelopment financial assistance and mortgage programs. Work involves writing comprehensive reports, presenting plans and concepts at public meetings and responsibility for the organization, research methodology and evaluation of economic indicators, trends and data for the development and implementation of programs to encourage housing development. Work requires considerable creative ability and independent judgment in establishing goals and objectives, developing innovative plans and projects, evaluating alternative plans, developing recommendations for improvement, and effectively implementing final plans and programs. An employee in this class participates in the selection, placement, promotion, training, safety, appraisal and discipline of assigned employees. Work is performed under the general direction of an administrative supervisor; however, considerable independent judgment is exercised in program planning and accomplishment of objectives. Work is reviewed through conferences, analysis of reports and recommendations and evaluation of results obtained. IllUSTRATIVE EXAMPLES OF WORK Develops required budgets and programs such as the required Consolidated Plan and required affordable housing plans and strategies. Develops cooperative relationships with local lenders, non-profit and for profit entities involved in the housing industry. Develops loan product(s) for use by affordable housing clientele. Administers subrecipient contracts for various grant funds. Plans, organizes, assigns, supervises and reviews the activities of employees engaged in the research, compilation, analysis and evaluation of economic and marketing data for the promulgation of housing development programs in the City. Serves as the City liaison in developing cooperative relationships among representatives of local groups, associations and other public and private organizations to promote housing deveiopment in the City. Plan, formulate policy, organize and implement affordable housing development programs and public and private financing programs to facilitate and promote housing in the area. Attend civic and public meetings for the purpose of explaining various aspects of local housing programs. ,~i'}\':..,<' 1",.1;::,,'.;,:; ~).-:.!:..::."-~':: ~.-.::'~;')~ '.: :<. '>~ ~>~',. ~:,{',/,~;,;.>.:~~~.\~:..~.:,:~:: \:...?::,<,/;~,.,~:~ ;'.~~:},,~',.,f:~~.,..< .~' ,-~j::.~:~\ .;: :\;,:~:, :;;;,:. "'. ': ::\-, :t':':: ';'~...,; .'~~.:~::~~.'::,/ ,>.. ,.\~~,~ ':';:~.:; ,~:~~' ~ ; ,~.~\.~. ::',;.;.'~:/::I~~.; Ay . \ ,r'. I' "".'. I . ., \ ,,/ ",.. '.' ,... :.... .. .. '/,:.,\,... ...'- ',.. ..-. ..0/:1: ' . /, I. ',', \.,1-..... \J. t.>',!, . ,- /.'" ,"1, I,' t i.~_' ~/, .', ,. \". '6',,'. \ ~ >..' '.-".~ ,~.:, '. \ >~ : or', : \ :''', .' '.'~, .... .,' I~'~ ,'_,.:' \. rill '/ ;.. .(". J....:, '~' \..., '<:. \~.I ,\. ":'," :~ \ I ," 1\, ,1/' I (". ,I \. ;_~.~~" <...: I}.... \-~\~ :y~~\... - "U ' c....- . ';'. ..if\ \-'<2/: I .\ " ..~,.,./\ ;' (...!I .":''1...,;...., ,.;, \ ..,\'.',.,"'.:., ............ \,'1.>'\1.' ."...",..\,., 'v / ~ ~ , , , .'. ..a: , '",'!.\. . ~_ t .' . ~ I' ., \., ,/, , , . \ . "....,. '. ,. ' " . ~ ' , I .~ , ~<? Analyzes and maintains current information on the general housing conditions in the area. Prepare recommendations, reports and publications concerning economic conditions, trends and potential for housing in the community. Participates in the selection, placement, promotion, training, safety, appraisal and discipline of assigned employees. Performs related work as assigned. DESIRABLE KNOWLEDGE. SKILLS AND ABILITIES Extensive knowledge of the principles and practices of economics and lending as related to housing development. Thorough knowledge of the principles, practices and research methodology essential to the compilation, analysis and evaluation of economic and related data. Thorough knowledge of municipal organization and department functions, operating procedures and requirements as they relate to housing development. Considerable knowledge of administrative management principles and practices, Ability to plan, organize and direct a staff of employees engaged in implementing and co- ordinating economic research and housing development programs. Ability to research and prepare detailed statistical analysis of economic indicators and market conditions. Ability to communicate clearly and concisely, orally and in writing. Ability to establish and maintain effective working relationships with employees, other agencies, representatives of other businesses, trade associations, civic groups and the public as necessitated by the work. DESIRABLE TRAINING AND EXPERIENCE Graduation from an accredited four-year college or university with major course work in business administration, finance, public administration, economics, marketing or a related field, supplemented by a graduate degree in economics or related field. Considerable progressive and responsible experience in housing development activities, including management experience. ~ :,:. :: ". ",\:,;' ;~ ;:>.".' ::~..'.~'.. ';.,"/':<1".'>\:::"':, ~;' ~ I.;-:.~ ';::.'. ~ 'r~: . i~' "r' :,;., '.~ i: . ~':t.' \ ,', <', ",.;. .,'.;, .~: :....~: ",'.\;.,:.,<: : \, "," ,~ ,{ . . ",. \ ,. .:, ,',;.,>, . ~.) .. ~, '/ :;/< ':.:;~? ;.: I I~, '.: >;.>. ::.:'; .'.~:'<;,r .,~ ,I,' \, .... _ _ "'. \ "'. I I 1\ I, .,\, ,', ..1.',1...... ,', t.;: /"/J.I i'\'\"p ,.....:r,J. ,\, '\ 1 \.\ . ,\ t ;,,0.,. .1/1\1 ~. .1' " . -< ~_., ',1 .... ~'. :.\~' ---"'. ",f ' ::' _ ".' ~ ; ". . .'. ,,', :,' J. " \ I', : "\ ~.;\ '\ \ /\,. ..J '-'I> \.....~'I 1(:, \ :/'".", ,\" '. '</\". . .~,. L, . I. I" i,,..,;.,.... \ ;/\.. "\ ... /,'. .,' . /..~. . \, " .. \, .'\" ...' l . ., I ,-,-:,. ~ .,.' ,. - ... .... . . . . ~ , ". / ..1 .' 0.',.',. . ~ . I ' . ". . ., I A-b € -:1- ;)9 Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 E A S E MEN T FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, The Kimberly Home, Inc., a Florida corporation not-fer-profit 1189 N. E. Cleveland street Clearwater, Fl. 33755 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under and across the following described land, lying and being sltuate in the County of Pinellas, state of Florida, to-wit: The West ten feet (10') 'of Lot 8 Block D, B1\SSEDENA SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 6, Page 26 of the Public Records of Pinellas County, Florida. This easement is for sanitary sewer purposes. The CITY OF CLEARWATER, FLORIDA, shall above described premises and to construct, sanitary sewer facilities and to inspect facilities from time to time. have the right to enter upon the install and maintain thereon any and alter such sanitary sewer IN WIZfSS WHEREOF, the Grantor has set its hand and seal this day of #mlu/L , 1999. .; ~;L "el Signed, sealed and delivered in t presence of: THE KIMBERLY HOME, INC. By: ident Attest: WITNESS ;fh'uivk 1-/;:; LL- ~~~ ~~ Ann Baralt, Secretary Witness' Printed Signature \ '/. I' ,\ ."'.'" / L J, . .'" I I"". I / .' I \ I I \ I'" . i" ,. \ 'i I (' \)' . \"', I,t '.J-\' /,\,.' ",.', v\\' '/ ,\. "/~'~" \. '-"., \' ',I 'J' \ \.. I I ~-" \", \,. / \/' :', I / . I 1\ \ \ .; , '~, , '( " ..' ... I . I I I ,. ~ '-. ... j. ., I \ .. I',' , ;', ' . -.,'" ,\ ....\',v,: "\' ..."....'.1.,..'. .J. "'.) I 1.,\ "1'.....1),\.,. -..k,..\...."I. .//1\.,.....".;.0./ \!.'I'I~ Ilf(,1 1./1 "1//;/.//' i.' I"""" I'. ~\\ \1'1', I ~'\'-"i. . }o,.-', I t ,\ \', ,-,', \, " ,>.,.t. ',:'" t, ~ I' 11 -J,.,I, 1\" ",. ''''\1\'....'1. ,. f j /1'., ~\',..., ,1/ /.',/ t .' ~ \\ " .' 'i" ~d/....,>.....,...~...~..:-'r;>.:'";'.::~.:....:.-..::..I~ "...'....j ""1,,\.'/-- " " J' "'1 ,: ,/:"....~I'I. \t.. ,I."f.'J.: ... \, "{l'\ I~' hi" ',' ,'. 1'/'1 ,\. ~':'I :: '\ ~-.-.........." ( ,\: .: ',: '}' " ./... / . ~ -.,.':', '.:: '." " ." '" \ ,,~/.\J ) '; '\' d::h' ", :,.' 'i .~,(; <~/;..'.':-' ',__'~';I'"~':' >,~.,':< '/<<~<> .:'. '.i: I. \~;: ,. :.~, ~\:'; :....;~I.' :";';:,: ~'\ , , I' . ." . " . \- . ~ . - . . . " . Page 2 - Sanitary Easement Grantor: Kimberly Home, Inc. Center Partnership Grantee: City of Clearwater, Fl. RE: Lot 8, Blk. D, BASSEDENA SUB. STATE OF FLORIDA :ss COUNTY OF PlNELLAS d/ Before me, the undersigned authori ty, this day personally appeared Ronald Day, who executed the foregoing instrument as President of The Kimberly Home, Inc., a Florida corporation not for profit, who affirms that he is duly authorized by said corporation to execute said instrument and that said instrument is the free act and deed of said corporatio . WITNESS my hand and official seal this 2 2. day of MAP. rHA L. BULllNGTCi'! NOTARY PUBLIC, 5T ATE OF FLO:~.~'; MY COMM. EXP. JUNE 26, 200~ COM~..Mn ~~9 139 N Type/Print Name [ ]~rsonally Known (vf,Produced Identification Type of Identification Produced .''If , 1999. - Sanitary Easeme'nt Exhibit " A" ~i ~ ~ 1"=50' DREW ST. 2 1 s" ~\) '-.\~ \.... \>-' G~S ~~. 1 52 . w > 50 <( cr: :J 8 7 6 0 (f) (/) - 2 BROWNS CT. 1 3 4 5 em OF CLEARWATER. noRlDA PUBUC WORKS ADMINlS1'RATlON EtH,rNEERING S-T-R: 15-29S-15E Grid N: 287 A lHlS IS NOT A SURVEY D.L. 9/7/99 .'" ~.'.t,,, .""..",.,,~"I.\-'.'" ";""'i""""'~""~ l""~'" " ~. 'j' "" ",t.,., ~..... :1,. " '(.", 8) Eb3 Clearwater CUy Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # 3 , Meeting Date: J O. ;J,. q J SUBJECT/RECOMMEN DATION: Adopt Resolution 99-45, which amends Resolution 98-51 and modifies the map describing the Clearwater Enterprise Zone Area by expanding the area to include all of the Clearwater Brownfields Area, Clearwater Community Redevelopment Area and additional adjacent properties. [&1 and that the appropriate officials be authorized to execute same. SUMMARY: · The legislative intent of Chapter 98-75 of the Laws of Florida was to establish the entire Clearwater Brownfields Area as an Enterprise Zone (Resolution 98-23). · Census Tract 263, BlockGroup 6 and Census Tract 258, Block Group 2 did not meet the demographic requirements of Section 290.0058 of the Florida Statutes for inclusion into the Clearwater Enterprise Zone and were subsequently removed from the Enterprise Zone Area (Resolution 98-51). . The Legislature passed Section 8 of Chapter 99-320 , laws of Florida allowing expansion of the Clearwater Enterprise Zone Area to include these excluded Census Tracts and to allow the inclusion of the Clearwater Community Redevelopment Area. The Expanded Enterprise Zone also includes the area bounded by Drew Street to the North, Court Street to the South, Highland Avenue to the East and Missouri Avenue to the West. . The attached resolution ( 99-45 ) and map modifies the existing Enterprise Zone to the Expanded Enterprise Zone so that the Expanded Enterprise Zone can be processed by the Governor's Office of Tourism Trade and Economic Development in a timely manner. Reviewed by.j t:). A Legal ~ Budget NA Purchasi ng NA Risk Mgmt NA Info Srvc Public Works DCM! ACM Other NA NA Originating Dept: Eco. Dev. User Dept. Costs Total NA Funding Source: Cl NA OP NA Other NA Current FY NA NA Attachments Submitted by: -:D ~ 4 A AA City Manager"l~ ~ Printed on recycled paper o None Appropriation Code: Rev. 2/9B ~ ,. 0:';, - --- - .....~............. -- ..-- RESOLUTION NO. 99-45 3) A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, REGARDING THE CITY OF CLEARWATER ENTERPRISE ZONE; AMENDING RESOLUTION 98-28 AS SUBSEQUENTLY AMENDED BY RESOLUTION 98-51 TO MODIFY THE MAP DESCRIBING THE ENTERPRISE ZONE AREA; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 20, 1998, the City of Clearwater adopted Resolution 98- 28 designating the Enterprise Zone, which was subsequently amended on October 15, 1998, by the adoption of Resolution 98-51 amending the Enterprise Zone area; and WHEREAS, Section 8, Chapter 99-320, Laws of Florida, authorizes amendment of the boundaries of certain Enterprise Zones containing Environmental Protection Agency Brownfields Pilot Projects, and it is advisable to utilize this opportunity to accordingly amend the boundaries of the Clearwater Enterprise Zone; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Resolution 98-28 adopted on August 20, 1998 designating the City of Clearwater Enterprise Zone and subsequently modified by Resolution 98-51 adopted on October 15, 1998, is hereby modified as described in the legal description and map attached hereto as Exhibit A. The City Manager is directed to apply to the Office of Tourism, Trade and Economic Development for approval of said amendment in accordance with the provisions of Section 8, Chapter 99-320, Laws of Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1999. Brian J. Aungst Mayor-Commissioner Resolution No. 9945 Approved as to form: Attest: Leslie K. Dougall-Sid Assistant City Attorney Cynthia E. Goudeau City Clerk (3~~ 0 ::r: > :z: 0 <( < sa I ! ~ s ..... Ii 2S t:l ~ ::a ~ ~ ~ J{~ IS: &i 0 ~ ~ i!i ~ t:l Z U 0 ~ <( r.. ~ -1 o u I ~ ::3 - c:Q 0 u :::> p., - I 0) V1 r-: Z A ~ NORTH DR S.R. . llJ > <( w > DRUID RD <( . 0::: . Z W W =:) W 0 -1 > 0 w > Ul r- <( U) z <( - CY U) <C 0::: >- - _J -0 0::: :2 ~ LAKEVIEW RD. <1.1...; ......2 <( 0 c I 0 .- (j >- EV1 Z 0 f- Z-H f- <( _0Cl -1 o . ~ W cO U- rn I 0 :;:; " (9 .- 0 -0 <1.1 -0 ~ I <{<{ ~ ," I " 2 '. .", ..'" I'" ~. /'11' 1"'#",';' ,"~ "', .~. f q;;" ,'~~'~""':, "':"... '... ,~'.~,"'~":: ":.~.:',.:'.~,~.:".',",.: .1i fD d--- Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Meeting Date: .3~ 10. ~1.c11 Final Agenda Item # SUBJECT/RECOMMENDA liON: Pass Ordinance Number 6462-99 on first reading amending various City code sections relating to the Courtney Campbell Recreation Area, [g] and that the appropriate officials be authorized to execute same. SUMMARY: ., The sandy area on the South side of the Courtney Campbell Causeway, near its western end, has been used as an unofficial beach and recreation area for many years. Usage has increased in recent years, attracting not only local residents but people from Tampa, Hillsborough County, and other parts of the metropolitan area. . The large crowds and heavy car and boat traffic associated with this location have led to fights and other disorderly conduct, reckless operation of watercraft, and serious traffic crashes, creating conditions amounting to a public nuisance, affecting the health and safety of citizens of Clearwater and placing heavy demands on police resources. . Regulations contained in this ordinance would give the City the necessary legal authority to provide proper controls on activities at the location to enhance public safety. Such regulations include prohibiting open alcohol, the use of glass'vvare, open fires, fireworks, golf, and the possession and use of intoxicating substances; and regulating photography, special events, merchandising, and the times of operation. . On September 14, 1999, the City executed a no-cost public purpose lease with the Florida Department of Transportation for the land along the Courtney Campbell Causeway upon which the City intends to impose regulations. A copy of a map depicting the location is attached together with a copy of the Ordinance. Reviewed b~ In fo Srvc legal NA Budget A Public Works NA Purchasing NA DC,wACM NA Risk Mgmt NA Other Originating Dept: Police ~ User Dept. Police 'fIJ' Attachments Ordinance 6462-99 Vicinity map Costs Total -0- Current FY -0- Funding Source: CI OP Other Submitted by: 12'.. A4 City Manager I~ ~ o None Appropriation Code: . . .'. .' ,... . ,'. " . ~ ~. \ . . .' . .... I '. ~", ,.-11. '. " . . ,. " .1" . 3d- ORDINANCE NO. 6462-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE COURTNEY CAMPBELL RECREATION AREA AND RELATING TO THE DEPOSIT OF EXCREMENT BY ANIMALS ON PARK PROPERTY, PUBLIC BEACHES, AND THE COURTNEY CAMPBELL RECREATION AREA; AMENDING SECTION 6.31 TO PROHIBIT THE POSSESSION OF OPENED OR UNSEALED CONTAINERS OF ALCOHOLIC BEVERAGES ON THE COURTNEY CAMPBELL RECREATION AREA; AMENDING SECTION 22.21 TO INCLUDE A DEFINITION OF THE COURTNEY CAMPBELL RECREATION AREA; AMENDING SECTION 22.24 TO ALLOW THE CllY MANAGER TO REGULATE THE USE OF THE COURTNEY CAMPBELL RECREATION AREA; AMENDING SECTIONS 22.33, 22.36, 22.50, 22.51, 22.53, 22.55, 22.56 AND 22.57 TO REGULATE SPECIFIED ACTIVITIES ON THE COURTNEY CAMPBELL RECREATION AREA, INCLUDING THE USE OF GLASSWARE, TIMES OF OPERATION, OPEN FIRES, GOLF, PHOTOGRAPHY, MERCHANDISING, SPECIAL EVENTS, FIREWORKS, AND THE POSSESSION AND USE OF INTOXICATING SUBSTANCES; AMENDING SECTION 22.40 TO REQUIRE THE REMOVAL OF EXCREMENT DEPOSITED BY ANIMALS ON PARK PROPERTY, PUBLIC BEACHES, AND THE COURTNEY CAMPBELL RECREATION AREA; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 6.31, Code of Ordinances, is amended to create a new paragraph (e) of subsection (4) to read: Sec. 6.31. Prohibited Acts. ***** (4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to possess any opened or unsealed container containing an alcoholic beverage, at the following places, except pursuant to an alcoholic beverage special event permit issued under the provisions of section 22.88 through 22.91: ***** ~ on any vortion of the Courtney Campbell Recreation Area as defined in section 22.21. Section 2. Section 22.21, Code of Ordinances, is amended to read: Sec. 22.21. Definitions. 1 Ordinance 6462-99 , .:. ,'~/ ','{ \'~ ' '.\ .~" ',. '. .' r~ ,.:"\, ",,,,' I>.' ~ '."~ "~ ~I 'f. ," """, ',' \ " j:- .,""~".,';, _,", :':~.: 3d-- The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ***** Courtney Campbell Recreation Area means that portion of Section 16. Township 29 South. Range 16 East. Pinellas County. Florida lying south of a line forty five feet south of and pa~allel with the centerline of survey of State Road 60 as per Section 15040- (2517)2522. north of a line two hundred feet south of and parallel with said centerline of survey. from station 127+37.14 to station 148+74.58 of said centerline of survey and containing 7.606 acres more or tess. Section 3. Section 22.24, Code of Ordinances, is amended to read: Sec. 22.24. Authority to regulate beaches,! an4 park property Jnd the Courtney CamRbell Recreation Area. The city manager is empowered in the exercise of the city manager's discretion to regulate the time, place and manner in which the public beaches... aM park property of the city, and the Courtney Campbell Recreation Area. or any portion thereof, are to be used and enjoyed by the public and to authorize the posting of signs regulating public use. In so doing, the city manager is to give due regard to the safety facilities available thereat, the preservation of public property, the number of persons who can be safely protected and safeguarded at the particular location, and the health and welfare of the public using and wishing to use such facilities. The directions of the city manager given pursuant to the authority contained in this section are declared to have the effect of law and shall be enforced by the police officers of the city. Section 4. Section 22.33, Code of Ordinances, is amended to read: Sec. 22.33. Bathing and Swimming Areas and the Courtney Campbell Recreation Area. ***** (2) No person shall carry, transport, or cause to be transported any glassware, bottles or any other potentially dangerous or sharp objects onto any. portion of the Courtney Campbell Recreation Area or onto any public beach, or into any bathing, wading, or swimming pool areas of a public beachJ, 9f a park, or the Courtney Campbell Recreation Area. (3) No person shall frequent any park waters or public bathing beach for the purpose of swimming or bathing except between such hours of the day as shall be designated and posted by the department for such purposes for each individual area. The Courtney Campbell Recreation Area shall be closed from 11 :00 p.m. until dawn. (4) Persons using public beaches or the Courtney Campbell Recreation Area shall obey all rules posted by marine department personnel and other rules affecting beach 2 Ordinance 6462-99 _I". - ..~-~..... - b. -~ . . ~ ,. v-'.-.' I ._ '.' ::' , .' .~ ,"0 ....'$f,;:~".,t-l~_....: ,~'~, :',' ,"f/.:,!', :' '\.~r., ..,\.' ",~...~J. : ",,',,"'.., ...,'.1; 1<":"':~ :.', . 3d-- use and water safety which are implemented as the situation dictates. (5) Illegal drugs and all alcoholic beverages are prohibited on any public beach or on any portion of the Courtney Campbell Recreation Area. ***** (8) Public beaches and the Courtney Campbell Recreation Area, as well as the swimming areas associated therewith.a. may be closed to the public when, in the opinion of the harbormaster, use of such areas is considered dangerous due to weather, surf or other conditions. Section 5. Section 22.36, Code of Ordinances, is amended to read: Sec. 22.36. Picnic areas. (1) No person shall build, light or cause to be lighted any fire except in an approved grill, stove, fireplace or other suitable container provided by the City for such purposes in a ~ park. except that grills and similar out-of-doors cookinq devices shall be permitted on the Courtney Campbell Recreation Area. No person who has a fire shall leave the area without extinguishing the fire. (2) No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table, or other object located in a ef park property or on the Courtney Campbell Recreation Area. (3) Department personnel will regulate activities in picnic areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. If the facilities are crowded, persons holding picnics in any picnic area, building or structure shall not use the same to the exclusion of others for an unreasonable time. Where the picnic facilities are fully occupied, use of any picnic site more than three hours shall be unreasonable. Use of the individual tables and benches follows generally the rule of first come, first served. Section 6. Section 22.40, Code of Ordinances, is amended to create a new subsection (5) to read: Sec. 22.40 Domestic animals. ***** (4) The owners of animals or the persons having control over the animals shall remove all excrement deposited by their animals on park property I public beaches, and the Courtney Campbell Recreation Area. @ (41 Seeing Eye dogs, guide dogs, signal dogs, or other animals individually trained to provide assistance to an individual with a disability shall bo excludod from thoe6 rogulationE concorning domo&tic anima/&afK:i shall be permitted in all public areas and 3 Ordinance 6462-99 - .dIIIi4 .... _ I, I'. ,. '!la", "._,0' "', 'k" . ..,1";" -. ,~r,:' .':'. ~ ,0 ~'. ~..,: .'.~.','" ',' ,~J":I, ..; ,",'"..' '....',' J"~"t~ . ,J. -'" '.. ~."."o:." : ...... 3~ public facilities. An individual with a disability utilizing such animals shall be excluded from the requirement contained in subsection (4) if the individual is physically incapable of removing the excrement deposited by the animal. Section 7. Section 22.50, Code of Ordinances, is amended to read: Sec. 22.50. Golf. No person shall play golf or use golf balls and clubs within the park areas. the Courtney Campbell Causeway Recreation Area, or on the public beaches except in areas set aside for that purpose. Section 8. Section 22.51, Code of Ordinances, is amended to read: Sec. 22.51. Photography. (1) No person shall without prior authorization from the department make still or moving pictures that involve the use of special settings, structures, lighting or apparatus, or the performance of a cast of persons; either amateur or professional, or the posing of professional models, on any public beach. on the Courtney Campbell Causeway Recreation Area. or on any park property. However, the provisions of this section do not in any way restrict the use of cameras by amateur photographers or professionals not using set scenery, casts or models. (2) Bona fide newspaper, press association, newsreel and/or television news department personnel, identified by press cards or passes and assigned by their respective editors to make photographs for use of such communications media, will be allowed on public beaches, on the Courtney Campbell Causeway Recreation Area. and in parks for such purposes. Section 9. Section 22.53, Code of Ordinances, is amended to read: Sec. 22.53. Merchandising, vending, peddling. No person other than the department or regularly licensed concessionaires acting by and under the authority of the city shall expose or offer for sale, rent or trade any article, service or thing or station or place any stand, cart or vehicle for the transportation, sale or display of any article or merchandise within the limits of any public beach. the Courtney Campbell Causeway Recreation Area, or park except by written authorization from the department. Section 10. Section 22.55, Code of Ordinances, is amended to read: Sec. 22.55. Special events, public assemblies. (1) Sports events, pageants, entertainments, and similar productions characterized as public spectator attractions are allowed on public beaches. on the 4 Ordinance 6462-99 . ~ -'. '~." '.' f. ,f ",' .." I ,', "l . I .~ . ~.- ," "I .~' -1' t . " '. ..'. ('l"/.' , .... 3?-- Courtney Campbell Causeway Recreation Area. and in parks provided authorization is given in compliance with article III of this chapter. ***** (4) No public address system or electrical amplification will be permitted on public beaches, on the Courtney Campbell Causeway Recreation Area. or in park areas except by special permit. Section 11. Section 22.56, Code of Ordinances, is amended to read: Sec. 22.56. Fireworks and explosives. No person shall without prior authorization bring into or have in his possession or set off or otherwise cause to explode on any public beach. on the Courtney Campbell Causeway Recreation Area. or on any park area any fireworks or explosives of inflammable material or any substance, compound, mixture"or article that, in conjunction with any other substance or compound, may explode, discharge, or burn. Section 12. Section 22.57, Code of Ordinances, is amended to read: Sec.22.57. Intoxicating substances. No person under the influence of alcohol. any chemical substance set forth in F.S. 877.111. or any controlled substance under F .S. chapter 893 or illegal drugs to the extent that the person's normal faculties are impaired will be pennitted entry to a public beach.l. 9f to park properties. or to any portion of the Courtney Campbell Recreation Area; and any person so doing, if discovered therein, will be subject to immediate expulsion. Section 13. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Robert . urette Assistan City Attorney Cynthia E. Goudeau City Clerk 5 Ordinance 6462-99 ;(i l ~ ~ ~.. .. '" 1,' .. .". i"J.l,' . ; . '.-.I' /\ f ~. ' It . ~ ) S: 'I. \11. ,; .n .', .'''' .3d- I r u .. U (') I r"l V) > ." r"l > '" r"l V) .... o ::0 r"l :E (/) .... ::0 r"l r"l .... (/) ~ McMULLEN BOOTH RD. ..., C1l 0 .,.. 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' ~.\. ~ :' ~~ , "~l . 01,,' J'~"'''''' -l( I , 't'.....".., ..,~ '.. ~ f'r _ pw3 Cleanvater City C 0111111 ission Agenda Cover MeJnorandul11 Final Aoenda Item # 33 Meetinq Date: 10-21-99 SUBJECT/RECOM M ENDA TION: Approve a rental agreement wit h Florida Final Coat, Inc. ant icipated to become effective November 1, 1999 and terminate not later than June 30, 2000, regarding real property briefly described as the West ~ of Lot 5, Block 3, MAGNOLIA PARK SUB., a/k/a 917 Park Street, subject to terms and conditions stipulated therein, 1BI and that the appropriate officials be authorized to execute same SUMMARY: o On September 16, 1999 the Commission approved a contract to purchase the subject property from Walton M. Byars in conjunction with the proposed Dow ntow n Pond project. Closing is anticipated not later than October 31, 1999. . Florida Final Coat, Inc., a painting contractor, has been renting the property from Mr. Byars and wishes to remain in occupancy for a reasonable period of time until it can relocate to a new facility. · The proposed rental agreement provides that upon title passing to the City the tenant may remain in occupancy until, but not later than, June 30, 2000. This date w ill not interfere with the Downtow n Pond Project development schedule. $ Among other things, the agreement stipulates the tenant w ill pay no rent for the month of November, 1999, then $200.00 per month thereafter until the property is vacated. · Either party may terminate the agreement upon providing 30 days notice to the other. · The City w ill not be responsible for maintenance of the property during the rental term, or any other expenses related to its occupancy by the tenant. All expenses are to be paid by tenant. · The tenant is required to maintain adequate liability and casualty insurance on its ow n behalf, with the City as additional insured. o In consideration of the expense of tenant relocating its business, and upon the timely vacation of the property in compliance with terms and conditions of the rental agreement, the City w i!1 reimburse the tenant with all rent collected. The City w ill have no further obligations for tenant relocat ion. I I Reviewed by: Legal /;e- 'r Budget NA Purchasing NA Risk M gmt NA Info Srvc Public Works DCM/ACM other 3{, NA Originating Dep~: Public Work i User Dept. 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I'" #,.' . ,.... ,~' ... ,",I. . ~, ~'. fw3 33 RENTAL AGREEMENT MADE AND ENTERED INTO this day of , 1999, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation CCity"), and FLORIDA FINAL COAT, INC. a Florida corporation (UT enant") WIT N E SSE T H: WHEREAS, the City anticipates becoming the owner of the following real property Cproperty") by October 31, 1999: The West ~ of Lot 5, Block 3, MAGNOLIA PARK SUBDIVISION, and the North 9.88 feet of a vacated alley on the south, a/k/a 917 Park Street, Clearwater, Florida; and, WHEREAS, Tenant now occupies said property under an oral month-to-month tenancy, without security deposit, and, WHEREAS, the City is desirous of having Tenant continue in occupancy on a month-to-month basis for such period of time as Tenant elects, up to but not later than June 30, 2000; and, WHEREAS, Tenant is desirous of continuing in occupancy upon such term; NOW, THEREFORE, it is mutually agreed by and between the parties that: 1. Upon title to the Property being conveyed to the City, Tenant's occupancy thereof shall continue undisturbed on a month-to-month basis, upon timely payment of rent to the City in compliance with the following schedule: a. Monthly rent payable for the month of November, 1999: $0.00 b. Commencing on the 1 st day of December, 1999, and continuing thereafter on the 1 st day of each succeeding month unti I the sooner of Tenant vacating the Property or June 30, 2000, whichever shall first occur, tenant shall pay to City the sum of $200.00 per month. c. All rent payments are to be mailed or personally delivered to Earl Barrett, Engineering Department, City of Clearwater, P. O. Box 4748, Clearwater, FI. 33758-4748. Any rent payment not received by the 5th day of the month due shall be subject to an additional ten percent (10%) late fee. Page 1 of 3 ~ - ---~ . - - '-'-'. '< .'~ ..f:......:~...,..,.~/- "..... .. -\ J.:,,~ ,~~.~ ~.....f . '.' ,~.'. .....\ ,.'," : ~ ~~., ;' ',' J. /..".. ." '-".,.'. " ~.I ~ ~.' 33 2. The parties agree that Tenant shall occupy the Property as of the effective date of this agreement in its present "as is" condition, and that City shall not be obligated to maintain or repair the Property. 3. Tenant shall be solely responsible for payment of the costs of all utility services to the Property during the term of this agreement, including but not limited to water, sewer, electric, gas and telephone. 4. Tenant shall maintain in force and effect during the duration of this Agreement a Commercial General Liability Insurance policy issued by an insurance company licensed to conduct business within the state of Florida naming the City as lIadditional insured", and providing the following minimum insurance coverage: a. Coverage shall be on an "Occurrence" basis, with the minimurn limits of coverage being $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. The policy of insurance shall provide coverage for death, bodily injury, personal injury and property damage that could arise directly or indirectly from the performance and operation of this Agreement. c. All insurance policies required within this agreement shall provide full coverage from the first dollar of exposure. No deductibles will be accepted without prior approval from the City. d. A Certificate of Insurance meeting the requirements specified herein shall be delivered to the City's Risk Management Office within ten (10) days of Notice to Tenant that City will receive title to the Property. e. The insurance coverages and conditions afforded by the policies of insurance shall not be suspended, voided, canceled or modified except after thirty (30) days written Notice by certified mail, return receipt, has been given to the City's Risk Management office. 5. Upon vacating the Property Tenant shall properly dispose of all paint, waste oil and petroleum products, and all other wastes and materials which are defined as "toxic or hazardous materials" by the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") or any other State or Federal environmental laws. Tenant warrants that no such materials or wastes shall be disposed of onto the Property or disposed of into the sanitary or stormwater systems of the City of Clearwater. Tenant shall provide City with copies of disposal manifests for any hazardous materials that shall require manifesting. Page 2 of 3 " po j " I"~ . f ' , . . 1-.. . '" "', . ... . , .t . . " . , ". I ..' ~! '. '. . ,", , . ..' . J .., ,.. ... '. . 33 6. Either party may terminate this agreement upon delivery of 30 days Notice to the other party by U. S. Mail or hand delivery at the following addresses: CITY Earl Barrett Engineering Dept. City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 [If personal delivery: Rm. 220 100 South Myrtle Avenue] TENANT Mr. Frank Montalto Florida Final Coat, Inc. 917 Park Street Clearwater, FI. 33756 7. In consideration of Tenant faithfully fulfilling the obligations stipulated in paragraphs 1 through 6 above, and upon the orderly vacatIon of the Property by Tenant, the City shall reimburse Tenant with all rent paid to the City by Tenant, less sales tax which shall have been forwarded to the State Department of Revenue as required by law. 8. In the event Tenant defaults under any terms of this agreement the City may recover possession as provided by Law, retain all rent paid by Tenant. and seek monetary damages, including attorneys fees, as provided by law. IN WITNESS WHEREOF, the parties have placed their hands and seals hereto this day of , 1999. FLORIDA FINAL COAT, INC. WITNESS By: WITNESS Frank Montalto, Director Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst, Mayor Commissioner Michael J. Roberto, City Manager Approved as to form: Attest John Carassas Cynthia E. Goudeau, City Clerk Assistant City Attorney Page 3 of 3 ;; ~"':~'l"',~,~~,.-"'_?!._...~t~.~ ,t, ,~.,"'t.~,.~_':"~.t...." !', ~ :.\,-,~.,,:.;,.:.. ::.~' ,..,,,,,' "~'.. ..... '/"I.,":\t o w pL-b ~ Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # '3 i Meeting Date: Oct. 21, 1999 SUBJECT/RECOMMENDA liON: Pass Ordinance 6466-99 on first reading, decreasing the appeal fee for flexible standard applications and staff interpretations of the Community Development Code from $365 to $100. jgI and that the appropriate officials be authorized to execute same. SUMMARY: lhe City's application fees for development projects within the Planning Department were originally approved in 1992. The existing fee resolution related specifically to applications under the old Land Development Code. When the new Community Development Code was adopted in January, 1999, the Planning Department decided to retain the existing fee structure for new applications. Since the Code was new, there was no history defining the amount of staff time needed to administer applications under the new Code; the City's costs to review an application are a prime consideration in establishing a fee schedule. The Planning Department is in the process of reviewing the fee schedule including a comparison of fees charged by other municipalities and an evaluation of the staff time and advertising costs for each type of application. The evaluation of the application fees will be provided to the City Commission during the six- month update of the Code. Currently, an application for a flexible standard use may be approved by the Planning Department Director. Appeal of this type of staff approved application is heard by the Community Development Board in a public hearing. The old appeal fee of $365 may present an obstacle to initiate an appeal due to the relatively high expense. Therefore, as an interim step until a complete fee review can be done, the Planning Department recommends a reduction from the current appeal fee of $365 to $100. The new appeal fee would apply to any appeal of a staff approval or den ial of a flexible standard use or an appeal of a staff interpretation of the Code. Legal Budget Purchasing Risk Mgmt NA NA Originating Dept.: Planning & Deve,lopment Svcs. Admin. ~) /' User Dept.: P,an"f' ~ Costs Reviewed by: NA NA NA Info Srvc Public Works oeM! ACM Other Total NA Current FY Funding Source: CI OP Attachments Ordinance 6466-99 Other Submitted by: City Manager o 3UI~ o None Appropriation Code: ..._--~ - - -,--- -- ...- ? Ll) L\ 3tf ORDINANCE NO. 6466-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, RELATING TO APPEAL FEES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clearwater established application fees for Land Development applications in 1992 with amendments in 1992, 1994 and 1995; and WHEREAS, the current fee for an appeal to the Community Development Board in the amount of $365 may present an obstacle to initiate an appeal due to the relatively high expense; and WHEREAS, the City of Clearwater desires to insure that the provisions of the Community Development Code allow a meaningful access to and participation in the public hearing process; now, therefore, BE IT ORDAINED BY THE CllY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 . Appendix A, Schedule of Fees, Rates and Charges, Code of Ordinances, is amended to read: APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES * * * * * * VIII. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of site plans, land use plans and zoning atlas amendments and subdivision plats, conditional uses, variances, appeals, continuances, and concurrency reviews, and development agreement reviews: * * * * * * (6)(b) 82.Qeal from flexible standard application decision or administrative interpretation of code to community development board Appeal from p.lanniAg ~:md zoning board to eity commission 100.00 aMQ Ordinance 6466-99 3~ . ' . ",-; '. - -, ~.... ... Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sid s Assistant City Attorney Cynthia E. Goudeau City Clerk 2 Ordinance 6466-99 . . >".': It. f " . t .' \ JttI', ~. ' .,. :' . ". ' ;/. ." "'..1" "'. ,.:..... '. .:':~:',:':':: ,"'''~ /' i...K" '.: ..:' ": ". ." ,,': '.' '. . Preliminary Agenda (W orksession) 1037 z..:' PRELIMINARY AGENDA Clearwater City Commission Worksess;on - Monday, October 18, 1999 following closed bargaining session beginning at 9:00 A.M. Service A wards Convene as Community Redevelopment Agency (eRA): 1. Call to Order 2. Approval of Minutes: 8/30/99 3. Interlocal Agreement with DDS redirecting remaining $117,723.22 financial obligation per 1983 Participation Agreement, to be paid in 15 annual payments of $7,848.22, towards economic development activities 4. Authorize issuance of RFP/Q for the Dimmitt option 5. Executive Director (Assistant City Manager) Verbal Reports 6. Other Business 7. Adjourn Reconvene Worksession ED ECONOMIC DEVELOPMENT 1. Agreement with FDER providing for assessment & remediation of orphaned and abandoned sites, and other economic 1 community development projects in the Clearwater Brownfields Area (Consent) 2. Approve purchase of Greenwood Manor Sub., Lot 6 & part of Lot 5; approve lease of Greenwood Manor Sub., Lots 4 & 5 and North % of Lot 6 to Greenwood Community Health Resource Center; authorize use of $36,500 for acquisition of property and payment of liens and other fees ( Consent) 3. Res. #99-45 - Amending Res. #98-51 and modifying map describing Clearwater Enterprise Zone Area by expanding area to include all of Clearwater Brownfields Area, Clearwater Community Redevelopment Area and additional adjacent properties 4. Authorize issuance of RFP/Q for the Dimmitt option 10/18/99 1 HR HUMAN RESOURCES 1. Contract to Aon Consulting, Inc., benefits consulting services for Human Resources Dept., contract period date of approval through 12/31/2000, for $27,400; contract includes approx. $104,900 of services to be provided by City insurance carriers through commissions 2. Contract to United HealthCare, health insurance, under fully insured funding arrangement for 1/1/2000-12/31/2000, est. $3,932,726; and Contract to United Behavioral Services, mental health 1 substance abuse & EAP coverage, for 1/1/2000-12/31/2000, est. $186,183, for est. total of $4,119,881 PO POLICE 1. Contract to Decision Management Company, Inc., for Police Department's Document Imaging System, cost not to exceed $133,000; authorize funding not to exceed $133,000 to be provided by City's Master lease-Purchase Agreement 2. First Reading Ord. #6462-99 - Amending various code sections relating to Courtney Campbell Causeway Recreation Area . " \ ," 4 \ ~ 'I ""'. .r.::' I~' '. \'. '....., . \., ~/' - .\ . I '~'~.J '1,1., ..;t ~ ,.t<,.~ , . \'. :'j"" ~ .)~ '..'.' . PR PARKS AND RECREATION 1. Contract to Kloote Contracting, Inc., for Bayfront Tennis Complex Demolition, for $53,493 IConsent) PW PUBLIC WORKS 1. Public Hearing & First Reading Ord. #646'1-99 - Vacating 16' alley lying north of Drew Street and between Ft. Harrison Ave. & Osceola Ave'l and city's recommended vacation of contiguous 16' by 30' utility easement, subject to applicant agreeing to accept ownership of sanitary sewer facilities existing in said alley and easement (Church of Scientology, V99-11) 2. Agreement with Pinellas County to coordinate efforts facilitating construction of Keene Road, Phase 1 A & 18, from Druid Road to Sunset Point Road (Consent) 3. Rental Agreement with Florida Final Coat, Inc., for property located at 917 Park Street, Magnolia Park Sub., Blk 3, west ~ of Lot 5, anticipated to become effective 11/1/99 and terminate not later than 6/30/2000, subject to terms & conditions stipulated therein (Consent) 4. Contract to Caladesi Construction Company, for Beach Parking Lots #34 & #35, for $246,582.82 5. Approve Supplemental No.4 & No.5 to Drew Street work order with Post, Buckley, Schuh and Jernigan, Inc., for additional engineering design required by FOOT, reducing project limits, increasing work order to $579, 150 6. Purchase Order to Rowland Inc., for sanitary sewer manhole rehabilitation I for amount not to exceed $500,000 7. Contract to MacKay Meters, Inc., for 2,400 complete electronic single-space parking meters & 200 spare mechanisms, for $785,000; funding to be provided under City's Master Lease- Purchase Agreement 8. Presentation - Bridge - Design Options (WSO) PLD PLANNING & DEVELOPMENT SERVICES 1. . Public Hearing & First Reading Ords. #6450-99, #6451-99 & #6452-99 - Annexation, Land Use Plan Amendment to Residential low & lMDR Zoning for property located at 2838 S.R.590, Virginia Grove Terrace, 5th Addition, Blk 0, Lot 11 (Marie Seiter) 2. Public Hearing & First Reading Ords. #6453-99, #6454-99 & #6455-99 - Annexation, land Use Plan Amendment to Residential Urban & LM DR Zoning for property located at 1426 Sunset Point Rd., Sunset Highlands Unit 2, Lot 5 (Townsend Constructors, Inc.) 3. Public Hearing & first Reading Ords. #6459-99 & #6460-99 - Land Use Plan Amendment to Commercial General & Commercial Zoning for property located at 2561 Nursery Rd., part of Sec. 19-29-16, M&B 44.05 ISandy Buettner) 4. First Reading Ord. #6466-99 - Amending Appendix A of Clearwater Code of Ordinances by reducing application fee (from $365 to $100) for appeals to the Community Development Board 5. Authorize City to enter into agreements with subrecipients approved in the Consolidated Plan IConsent) 6. Approve grant funded position, titled Assistant Director for Housing, for City's Planning Department eM ADMINISTRATION 1. Wings access to Roundabout 10/1 8/99 2 ---. -, ,1'4, \, I .:', . to '~, -,. . " .' -f" .'. _, ,. I .. '. , ;.,' '*, '\ I tl,. "" ' , CA lEGAL DEPARTMENT Second Reading Ordinances 1. Ord. 116447-99 - Annexation for property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris I Criss Cross Center Co.) 2. Ord. 116448-99 - land Use Plan Amendment to Residential/Office General for property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris / Criss Cross Center Co.) 3. Ord. 116449-99 - 0 (Office) Zoning for property located at 2729 & 2733 S.R.580, Acker's Sub., Blk 1, Lots 6 & 7 (Rimoun & Robin Goris / Criss Cross Center Co.) Agreements, Deeds and Easements 1 . Sanitary sewer easement - granted by Kimberly Home, Inc. re site plan for addition to offices at 1189 NE Cleveland Street (Consent) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports Commission Discussion Items Presentation(s) for Thursday Night 1. Update re Census 2000 effort in Pinellas County - David Walker 2. Sister City 3. Legislative Reports - Representative Jones & Representative Bilirakis Other Commission Action Adjourn 10/18/99 3 "" ' . . . . . ," . ..-; :1 I' .. ~ , ,\' . . j/.. . . \ ',; ,....;.' ,. r~ ~,\~",>,""-'>.'~ .:""'.'";.,,.,.... , . note: C agenda pack kept separately. of' 10 4// f , . 'j' ~ .. \,; '1 '. '. . .4 " . . ~ ~,. " , ' ". ~ " '. . . I. . .' TO: FROM: COPIES: Brian Aungst, Mayor Susan Chase, City Clerk Specialist City Commissioners, Mike Roberto, Cyndie Goudeau SUBJECT: Presentations at the October 18, 1999 Worksession DATE: October 18,1999 The following presentations will be made at the October 18, 1999 Worksession: 5 years Kelly S. O'Brien, Po1ice (letter of appreciation, City pin) Malik Salam, Public Works (letter of appreciation, City pin) Cleveland S. Lang, Parks & Recreation (letter of appreciation, City pin) Robert Bublitz, Gas (letter of appreciation, City pin) Pamela K. Akin, Legal (letter of appreciation, City pin) 10 years James G. 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'.'( ~; :' :~' '.~.\ ~ '( :'.,:,,:'lands'ca.ping~.lncreased:i...:'.):,: : ,'. ., I"" ~Mainl'erian'ce "i \.';i ,J.".';."..: -,. "; ';.~;; ,:- i.::".' '.' .;. /\.{;' ';~).: .' ,:i; <.: ).;~. i.i.!:'.,.;....,~... ....,'~\I....,:.'.'~:....:......~:...............,.....I.......\...~..'.;.... <~:.,; : i :.~ ; .'"'( ; :. . :.: : ': , . ".""-.:'.~I ':-.: ': :.J. 'e, ..,':, /: :.rl ~;~. ."':'.', '<;"..::, .., \: \;/ ,.\c.' .'i:!~l(~:\.!i/.t:':;:; '",.' : r . .::.: ".~:y.. ,l. :,,'~r>,I;", '111,,:,",' I"';'~ , ,'1~: '/; ,....,1 \ ..... ~, ':,1. 1" '\ ,,' I. \.'.'..\,\.... ,':'" '/ ".',;_ . 1 '.. . \:..( /(.\ '.': . . ....1 I '~i;; II 1:';~1~ :.:::~: :~}. ,..1 \~::~::",cl,. .:;....:.~..;..~.> " ., :",... '.1 ..~.;.. .., I . ,.:1'/ ,j.( ....., , 'f ' :.. : ;: ~' ~. . \ \.' ,..' .' (:...\ '-....,. \ ' J , \' , < \ - ,\>'~r;' '.... F' ~;,Y '", "1',.1,'1',\1: ,...;~.;"..,I.,...I.,:~.~t':' ~\;~;',~l':"\ .~/..\' )" ."." ,1 iJ' . :~ .' '}:J ,. (',' , , ~,'. ' /! < '/ " / J.;'. \ . · i ,.. )< .\' I' . \ I ;, 1 _.' \ .-1 \. \ ,,(, '. I.. \ I i'I'..; .1:, }.IS.O. 2~1, ;,1.0', :'.: .1 to', '\$1 65. .~5 00..\ ~', I. . I, I., . \ . . '..... .! , .,.' \'.. . /. I. \ ..~: \ . . . /' /' \, \ / I ',:; I:' t ,.. . j' 'I, ~ . , i ~'~~:~':1 . I \ , i ." .'. " I ;,:. \- ., I.'i - \: ': I " \ J'; / 'II:. I i , I I. i I I I ! I , I , . :.: . , .... .. . , , . . I ...,. ' , '. '. , , . ..' . . '.:r .' ',-':t.":'; "".~" ".'t~ ;'.uL~ .."t'.....".,.-.t.....;..;..."... .',....._.. "0.,0 i ">.,~ .~.'" 1 0/14/99 .. ...... OM-OCT99.PPT ......-.. ~. '" . ...- ," . . 1a/15/1999 15:14 7275624755 ENG PAGE 02/11 CMi Interoffice Correspondence Sheet To: Honorable Mayor and Commissioners From: Mike Roberto, City Manager Bill Horne, Assistant City Manager; Richard J. Baler, Public Works Administrator; Mahshid Arasteh, City Engineer cc: Date: October 15, 1999 RE: Wings Access to the Roundabout Representatives of the Wings site have asked the City to reconsider a direct access driveway to the roundabout. They have produced technical documentation which supports their professional's opinions that this access (currently proposed by the Wings representative as a shared driveway with the Hamilton's) will not affect the roadways level of service, etc. for the roundabout. Please review the attached documents as you deem appropriate for a discussion of this issue on Monday and later direction at Thursday's commission meeting. If you need to discuss this further, please call Rich or myself at home over the weekend. . , . 4 \. . ,.' .' ~~, '. '\ .', ~ . ",' . '''' '.' " _ ,,~- ';~".~~'J ~,,; q'.- >, le/15/1999 15:14 7275624755 ENG .r PROPOSED MODIFICATIONS TO THE PR.OPOSED GATEWAY ROUNDABOUT PREPARED BY MESIMEB AND ASSOCIAT:ES, INC. SEPTEMBER 1999 PAGE e3/11 . q. 10/15/1999 15:14 7275624755 ENG PAGE 04/11 Int.roduct.ion The following traffic analysis has been prepared to evaluate the potential impact the propose~ access modifications will have upon the Gateway Roundabout. These modifications wil~ provide for a shared one-way entrance to the commercial development located on the north aide of the project. The commercial building contains approximately 9,960 square feet of retail space. Figure 1 depicts the proposed roundabout, following the roadway construction with the proposed access modifications. -1- Data lDput and Source Material Existing traffic volumes were obtained from the "Clearwater Beach Traffic Study" prepared by DKS Associates, October 1998 (DKS Study) . A peak hour traftic count of the development's site driveways was conducted on September 1, 1999 by Mesimer and Associates, Inc. Information regarding future traffic growth in the area was based upon information contained in the "Congestion Mitigation Air Qua1ity Repoxtn prepared by the City of Clearwater, January 22, 1999. Trip generation estimates were predicted based upon actual observations and from information contained in "Trip Generation,n 6th Edition, published by. the Institute of Transportation Engineers (ITB Report) . Roundabout capacity analyses were conducted using the Signalized & uDsignali:z;ed Intersection Design &; Research Aid "SIDRA", Version 5.20a. 'l~ #4-;' '; f "". "J . t , '.. '. . I' ....: " "" ~ . d , .', " ". " " : - " I~, .'.' I " I' . ,.1. _ " ,(~ 10/15/1999 15:14 7275G24755 ENG PAGE 05/11 ..1,_ .. ...-..." . . .............. . - Z I fa ~ ffi ~j to i ~~ ~ ~ ~ ~~ ~o. II ~ n; ~~ .~ , I - \' g -I ~~ '" II 0 ooQ k (jU: ~o . ~o ... 3 ~ --- ~ --...---- r ~.............-- - ) \ ~ ? 1!l ... -- .. C' . !. .'..........Q~.. ~wi5 9i:!~~~~ << Di!.~... ~ CoCU ~~So..~ !Z ~~> $Et;;>wc.? CJt- ~w t-attl;;;ig ....~L.J~< ~a: ~Ot:~ w wB&:l ~~~~lS A .. ,-:I !33llS JU ~=-==-- ~ ..Ili:l ~ wi 8 . N .... 10/15/1999 15:14 7275624755 ENG PAGE 06/11 Methodo1ogy In order to conduct this site traffic analysis, the following methodology was undertaken: 6 ~ . O.541(X}~~8.743 22 15 Peak Hour Tri.ps Exiting 7 ~isting Traffi~ Volum~ P~oject~ons Existing design. hour traffic volumes were taken from the OKS study. Based upon the current construction plan.s, these volumes were assigned into the proposed roundabout roadway legs. These roadway legs included: Causeway Boulevard The Marina Entrance Coronado Drive Mandalay Avenue Poinsettia Street. East leg Southeast leg Southwest leg Northwest leg Northeast leg These traffic volumes were utili~ed co establish a balanced design hour traffic assignment in and out of the proposed roundabout assuming only the five legs listed above. No traffic volumes were available for the North leg, the entrance into an existing apartment building, In order to estimate this volume, we projected PM peak hour volumes using the ITE Report. Table 1 below depicts the estimated traffic volumes entering and exiting the apartment building. Table 1- Apartment Site Traffic Units Peak Hour Tx'ip Rate Peak Hour Peak aour Total Trips Trips Bntering . T= Total Tr1pS X; Number or Units (Apartments' 67 percent entering 33 percent exiting Since the apartment building is currently in existence, these volumes are already taken into consideration in the counts in tbe DKS Study. However, since no driveway counts were available, it is difficul t to determine which roadway leg these trips actually arrived from or departed to. Th~refore, in order to simplify this analysis, these volumes (15 entering and 1 exiting) were added to the design. hour volume assignments. These assignments are depict.ed on Figure 2 by each approach roadway leg. -3- , '.. _..~,.. ,I . , _\ ,\ . ", ' . ^ " J,.' .: .,. I ..' "It.,' ,..}'.', I '. ,r . J. I .;. 10/15/1999 15:14 7275624755 ENG PAGE 07/11 435 II 6 9511 10 Ii 1 201 II ,---.... --- .I' ... " ........ , , I I \ 1396 ( I '.... , I \ \ ~ \ " " " 25 , ....... ' --...--" --'" 40 II II 753 Ii J I 10JII 7 ;.^~ J " / / 450 I 3 I , ~ ~ \ , ... " ,....-... , 280 0 il ~ 10 II 1265 5 I 30 II 10 Ii o I 10 II --- "-" ........, 94D .30 \ , , Jim1& ~ I ~ --.... '" ....- ..,'" 25 II 70 II 26S Ii .EXISTiNG TRAFFIC PROJECI10NS FlGlJRBJ MBSlMlmAND~n1S, 1NC -4- '''.~ 10/15/1999 15:14 7275624755 ENG PAGE 08/11 B~t~i~ ~aff~~ VQ1~e Projections A field survey and data search were conducted to determine the number of vehicles entering and leaving the retai~ site during the PM peak bour. A traffic count was conducted from 4:00 pm until 6: 00 pm on Wednesday, September 1, 1999. All traffic entering and leaving the site, from both site driveways, was documented. Table ~ depicts the results of the PM peak hour tra~fic count.. Table ;2 observed Site Traffic 'rime Driveway A pier 60 DriV'e Driveway B Poinsettia Ave. 4:00 - 4:15 4:~S - 4:30 4:30 - 4:45* 4:45 - 5:00* 5:00 - 5:15* 5:15 - 5:30* 5:30 - 5:45 5:45 - 6:00 Rigpt-il1 Right-out 2 ~ o ~ 3 4 5 3 1 0 2 2 1 2 2 2 Right-in Riqht-out Left:-~ 000 000 012 102 000 001 003 002 As is evident from Table 2, the highest consecutive 15 minu e periods occurred between 4:30 and 5:30. During that one hour, ~7 vehicles entered and l~ exited. The results of the entering and exiting traffic counts were compared to the information contained in lTE's "Trip Generation." Ta.bJ.e 3 depicts the predicted trip gep.eration for both daily and PM peak hour trips. Table 3 Estimate~ Site Traffic GJ J.rk I ~'l) -lor I ~ 1'J1" ) 9,960 Daily aily Daily Trip rips Trips Rate Entering Exiting 40.67/1000 203 203 Peak Hour Peak. Hour Peak Hour peak Hour -rrip Total Trips Trips Rate Trips Entering Exiting 2.59/1000 S.F. 26 J.1 15 Square Feet 9,960 Square Feet. -5- 10/15/1999 15:14 7275624755 ENG PAGE 09/11 ~ Since the ITS peak hour volume prediotions were considerably higher than actual observations, the ITB volumes were assigned to t.he local roadway network. In effort to provide a conservative projection, all entering traffic was assumed to enter via the roundabout through the proposed one -way entrance. Further, all exiting traffic: was assumed to depart via Poinsettia Street southbound and enter the roundabout. This procedure was conservati va (predicting a higher impact) , since another alternative exists to enter and exit the retail site via Poinsettia Street and avoid the roundabout entirely. These assignments are depicted on Figure 3 by each approach roadway leg. Capacity Analysis Capacity analyses for the roundabout during the design (PM peak) hour, with and without the proposed roadway modifications, were conducted using the SIDRA software, Version S.20a. Resu1ts and Conclusious Table 4 shows the results of the capacity analyses for the Design Hour with and without the proposed modifications. Table 3 Capacity Analyses nSidra" Version 5.20a Degree of Saturation (highest) Practical Spare Capacity (lowest) Total Vehicle Flow (veh/hr) Total Vehicle Capacity, all lanes (veh/hr) Average Intersection Delay (seconds) Largest Average Movement Delay (seconds) Total Vehicle Delay (veh hrs!hr) Largest Back of Queue, 95t (ft) Performance Index Total Fuel (gallons/hour) Total Cost (dollarS/hour) Roundabout Level of Service Worst Movement Level of Service 0.778 9' 4,1.12 6,585 17.0 27.9 19.43 274 129.55 138.0 1,047. 0.786 8\ 4,141 6,517 17.3 28.5 19.93 283 l31.73 139.2 ',' : 1 058(b' . . . , -..Jca_ .. .... .... B . '." C . .I. '.';', '0 . As With Proposed Modifications Based upon the~"ffu~fiigs'~.of~..thiB."anal.ysls~"~virtuallY""iio:impact .will occur to the.. ~ration of the, .proposed . rO\Ulc1about;~ as~umin9 the proposed mod1f~cations are implemented. .A& discussed above, the ana1ysis procedure was conservative .and Donetlleless yielded no significant impact. A complete copy of the "SIDRA- output is contained in the Appendix of this report. -6- 10/15/1999 15:14 7275624755 ENG PAGE 18/11 1396 + (4) "'1400 ~ 201 I~ 1 "" + (1) II 10 ,+ (11 ~ + {l5J +l~ 2 217 13 ....-- ~.". ......- / I r \ \ I \ " ,," .......-..... 435 Ii ~ I 95 II PlGURE .1 MBSIME1lAND AS9OC1A'lm, lNC. 8~ 40 II 1 753 Ii 3 I 10 II +(2) !.. (2) '< -S I 755 / ,.,.. ,- ; 450 / 3 , \ mg&, ~ \ \ ,. , ,......---" o II 280~ 10 !I 265 Ii ~ I 30 II 10 II o I 10 II \:::."--......... " , \ 940 30 \ I I ~ WN& I I --..... ." "--"- 2S II 70 II (00) .IN [oo}.. OUT WITH RETAIL TRAFFIC PROJEC1JONS -7- , 1'...0',' 18/15/1999 15:14 7275624755 EN3 PAGE 11/11 Submitted september 31, 1999 Reginald V. Mesimer, P. B · '\1: ~ v.\\.l.- ~ ~p.i:\Number 32014 -8- "'"