11/18/1999
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Agenda: 11-18-99
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City Commission
Meeting
11-18-99
note: 11-15-99 Preliminary (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.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, November 18, 1999 - 6:00 P,M, - Commission Chambers
1 , Invocation - Commissioner Hart,
2, Pledge of Allegiance - Mayor,
3. Service Awards - 2 awards presented.
4. Introductions and Awards - None.
5. Presentations
a) Legislative Report - Representative Crow - Given.
b) Folk Arts Festival - Arlita Hallam - Announced,
6. Approval of Minutes - Regular Meeting 11/4/99 & Special Meeting 11/8/99 - Approved as
submitted.
7, Citizens to be heard re items not on the Agenda
Steve Sarnoff requested support for proposed Pension Plan changes: 1) 1,5 % COLA for
employees & retirees; 2) base benefits on highest 5-year average; and 3) retirement benefits at
age 65 with 10 years service,
John Tassanari complained his calls are not always returned.
John Doran said recent articles in the St, Petersburg Times re the City were unfair as they
included opinions, not just facts,
Tom Nucera said he has reserved a web site and helped choose a tentative site for the City's
Liberty Tree 2000, which could be transplanted on Arbor Day in March,
PUBLIC HEARINGS
Not Before 6:00 P ,M.
8. Public Hearing - Declare surplus for purpose of selling for highest bid above $620, a 400 sq, ft,
parcel of real property, See, 24-29-15, abutted on 3 sides by property commonly known as 2140
Belleair Road, limiting sale to buyer capable of using the parcel in compliance with development
requirements of Pinellas County zoning district A-E (Agricultural Estates)(PW)
ACTION: Declared surplus,
9, Public Hearing & First Reading Ords. #6464-99 & 6465-99 - land Use Plan Amendment to
Residential/Office Limited & Office Zoning for property located at 809 Druid Rd., Magnolia Park
Sub" Blk 40, Lots 4 & 5 (Stephen Watts)(PLD) - To be Continued to 12/9/99
ACTION: Continued to 12/9/99 (note: Ord #s changed to #6483-00 & #6484-00 on 12/9)
Recess City Commission Meeting - 6:28 p,m,
Convene Special Meeting of Pension Trustees
1, Call to Order
2, Approve changes to City of Clearwater Employees' Pension Plan; authorize staff to proceed with
ordinance revision and referendum
ACTION: Approved, Authorized,
3, Adjourn - 7:01 p,m,
11/18/99
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Reconvene City Commission Meeting - 7:01 p,m.
CITY MANAGER REPORTS
CONSENT AGENDA (Items 1f1 0-21) - Approved as submitted.
Consent Agenda items require no formal public hearing and are subject to approval by a single motion.
However, any City Commissioner or the City Manager may remove an item from the Consent Agenda
to allow discussion and vote on individual items,
10. Approval of Purchases per 10/21/99 memorandum:
Motion Industries, 15 sumitomo SM-Cyclo gearmotors to be used in all WPC facilities,
$65,523.30 (PW)
Tampa Bay Engineering, extension from current expiration of 12/31/99 through project
completion, re previously approved FOOT Joint Project Agreements that have been completed
through design phase but are delayed while the State completes the r-o-w acquisition (SR54 from
Madison Ave, to US19; SR54 from Little Rd, to Gunn Highway; & Sunset Point Rd, and
US19)(GAS)
Encore Broadcast Sales, Inc., frame rate system to operate Video Bulletin Board Program of C-
VIEW, $19,538; funding to be provided under City's Master Lease-Purchase Agreement (PCM)
J,J, MacKay Canada Limited, decorative parking meter posts & yokes for installation on
Clearwater Beach and downtown, $165,000 (PW)
11, Approve rea?propriation of $200,000 of General Fund operating savings in the Fiscal Year 1998-
1999 budget to fund current fiscal year "vision" funds caU)
12, Authorize intergovernmental loan between City and CRA to provide funding not to exceed
$1,189,818 plus closing costs of approx. $ 2,000 for purchase of property fronting on Cleveland
Street (Dimmitt property), such loan to be made from City's Central Insurance Fund at a term not
to exceed 10 years, at the cash pool interest rate (ED)
1 3. Approve continued use of Premium Stabilization Fund to offset a percentage of biweekly premium
for employees with 2 or more dependents, for period 1/1/2000-12/31/2000, est. $221,225 (HR)
14. Contract with Dell Marketing, loP., Police Field Reporting Hardware, not to exceed $567,004;
funding to be provided by COPS More grant awarded to Police Dept & approved by Commission
on 9/16/99 (PO)
15. Approve transfer of $30,092.83 from General Fund retained earnings to Clearwater Homeless
Intervention Projects, Inc. (CHIP)(PD)
16. Agreement with African American Leadership Council, Inc., use and supervision of Holt Avenue
Youth Center, 10/1/99-9/30/2004, with associated grant of $96,564 for Fiscal Year 1999-2000
(PR)
17, Contract to purchase real property from Chester & Brenda Stonom, Pine Crest Sub., Blk 6, Lots
13 & 14 and Y2 of vacated alley on North, 1008 & 1010 Seminole Street, for $68,000 plus
$ 2,000 for personalty, with est. transaction expenses for environmental inspections, survey &
closing costs of $2,600, for total est, $72,600 (PW)
11 /1 8/99
2
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18. Agreement to exchange easements of comparable value with Grand Prix, ltd., over portions of
See, 13-29-15; declare surplus to city needs a 1,621,74 sq, ft" m .0.1" easement over portion of
city owned parcel See, 13-29-15, M&B 23.09 for purpose of exchanging said easement for
7,500 sq,ft" m.o,I., drainage & utility easement over portion of parcel Sec. 13-29-15, M&B
23.06 owned by Grand Prix, Ltd. (PW)
19. Contract to Westra Construction Corp" for North Beach Reclaimed Water Distribution System,
$2,410,175 (PW)
20, Cooperative Funding Agreement with SWFWMD, on behalf of Pinellas-Anclote River Basin Board,
to design & construct Town Pond Stormwater Retrofit Project over a period of 3 fiscal years,
ending on 6/30/2003, for total not to exceed $3,105,000 (PW)
21. Sidewalk & Utility Easement - Hibiscus Gardens, Blk Y (Missouri Ave, & Franklin Cir. - Accento
Craft, Inc,){CA)
OTHER ITEMS ON CITY MANAGER REPORT
22, Update regarding Beach Entryway (Roundabout) Project (eM)
ACTION: Update given,
23, First Reading Ord. #6422-99 - Relating to Purchasing; amending Sees, 2.541, 2,542, 2.544-
2.547, 2,561-2,564, 2.622-2,624, and deleting Sec, 2,565, Subdivision IV and 2,601 (FN)
~CTION: Approved. Ordinance passed 1 st reading,
24, Agreement with Ervin's All-American Youth Club, Inc" for club to provide community services in
the North Greenwood Community, 10/1/99-9/30/2000, with associated grant of $50,000 and in
kind services of City Grant writer (PR)
ACTION: Approved,
25, Other Pending Matters - None,
CITY ATTORNEY REPORTS
26, Res. #99-48 - Demolition Lien - Hart's Addition to Clearwater, Blk 2, Lot 13 (409 N, Garden Ave.
- Sanchez)
ACTION: Resolution adopted.
27, Other City Attorney Items - None.
28, City Manager Verbal Reports
City Manager reported a meeting for public input re Mandalay Avenue Streetscape and the
Cheezum development proposal has been scheduled on 1 2/01/99 at Clearwater Beach Recreation
Center,
11/18/99
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29. Other Commission Action
The Commission wished residents and staff a Happy Thanksgiving,
Hart said he had requested the December 1 st public input meeting.
Hart apologized for traffic jam on the beach last weekend due to roundabout construction and
hoped related problems will end before Thanksgiving.
Johnson said he had enjoyed participating in the Great American Teach In,
Hooper complimented the South Greenwood Neighborhood Organization for hosting the annual
dinner of thanksgiving and thanked them for inviting him to participate,
Hooper reported Downtown stores will be open late for Jingle Mingle on 11/26/99.
Clark apologized for missing Monday's meeting due to illness,
Clark announced Buckle Up Florida Week begins 11/19/99,
Clark said it has been a privilege to serve on the Commission with current and previous members
who have the best interests of the City at heart.
AunQst questioned plans for PST A buses to stop in the roundabout. Staff will meet with the
PST A to offer alternatives,
AunQst invited residents to attend the Folk Arts Festival on 11/19-20/99,
AunQst congratulated three City paramedics who received the Turner Award and thanked Mrs,
Turner for her contribution,
AunQst stated he had kicked off the Salvation Army holiday collection at Station Square Park and
encouraged donations.
AunQst reported professional boxing matches are scheduled for Clearwater on 1/15/00,
AunQst indicated the Devil Rays are hiring someone to market the team in Clearwater and noted
the importance of major league baseball to the City's economic development.
30, Adjournment - 7:28 p.m.
11/18/99
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note: Pension Trustees
agenda pack kept
separately.
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
Cynthia E. Goudeau, City Clerk tJ ~
SUBJECT: Follow up from November 15, 1999 Work Session
FROM:
COPIES:
Michael J. Roberto, City Manager
DATE:
November 18, 1999
In response to questions raised at the November 15, 1999 Work Session) the following
answers are in final agenda order:
Item #14 - Police Field Reporting Hardware - A memo with a breakdown of costs is
provided.
Item #23 - First Reading Ordinance 6422-99 - Relating to Purchasing - A memo explaining
the revisions with a revised copy of the ordinance is provided.
These items will also be at your Commission seat,
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Clearwater City
Commission
Agenda Cover Memorandum
Final Agenda Item #
11/15/99
Meeting Date: 11/18/99
SUBJECT/RECOMMENDA liON:
SERVICE AWARDS
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 Year
Ann B, Kennedy-Brown
Richard J, Baier
Donna S, Wright
David G. Stoner, Jr,
Cheryl A, Ford
Brian J, Ravins
Dennis I. Donovan
Police
Public Works Admin,
Parks & Recreation
Library
Finance
Finance
Finance
20 Year
Margaret M. Jewett Police
25 Year
James K, Beardsley Parks & Recreation
John J, Oswald Gas
10 Years
Robert L. Kinchen, Jr,
Terence D. Kelly
David C. Koscielniak
John Schmalzbauer
Gregory S, Stewart
Jan Nickols
Reina E. Carbajal
Robert p, Maltas
Aundra Williams
Police
Police
Police
Police
Police
Library
Library
Public Works Admin,
Solid Waste
30 Year
Carole L. Ciokiewicz
Clara Borum
Francis K. Mays
Police
Parks & Recreation
Gas
15 Years
Scott J, Bennett
Teresa J, Finch
Evers L. Maxie
Public Works Admin,
Public Works Admin,
Solid Waste
Reviewed by: Originating Dept: Costs
legal NA Info Tech NA Human Resources Total
Budget NA Public Works NA User Dept, Funding Source:
Purchasing NA DCM/ACM CapliallmprovclT1cnt Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operolling
Olher
Appropriation Code:
0 None
Rev. 2/98
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Clearwater City Comtnission
Agenda Cover Memorandum
Final A~enda Item #
8
Meetir.~ Date:
11-18-99
SUBJECT/RECOMMENDATION: Declare as surplus for the purpose of selling for the highest bid
amount above $620 a 400 square foot parcel of real property beino a portion of Section 24.
Township 29 South. Ranoe 15 East abutted on three sides by property commonly known as
2140 Belleair Road. limitinQ sale to a buyer capable of utilizinQ the parcel in compliance with
development requirements of Pinellas County zoning district A-E (Agricultural Estates),
[&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City purchased this 20' X 20' parcel on January 31. 1962 for $500 to house a booster pump
connecting the City water lines to the County water system.
· The booster pump was never utilized because of sufficient pressure in the County line. All facilities
were removed from the parcel a number of years ago.
· The parcel is a small enclave of City ownership within County iurisdiction. There are no foreseeable
future infrastructure uses for the parcel.
· The adioininQ 12-acre property recently sold and the new owner has expressed interest in this
abandoned site in order to utilize it in redevelopment of the larger tract.
· Public Records indicate the July. 1999 purchase price for the abuttinQ land to be approximately
$1.55 per sQuare foot. AssiQninQ that same value to the City parcel indicates an II across the fence"
market value of $620. The current assessed value of the City parcel is $1.50 per square foot.
· The hiQhest and best use for the City parcel would be incorporation into a larQer tract within the
immediate zoning district.
· Upon the parcel beinQ declared as surplus to City needs. it w ill be offered for sale bv sealed bid in
compliance with reQuirements of Section 2.01 (d)(~ of the City Charter to the hiQhest bidder meetinQ
the minimum bid amount and other conditions of the declaration.
Reviewed by: Originating Dept: V Costs NA
Legal ~ Info Srvc a- Public Works / '/ Total
Budget User Dept. /( I]
NA Public Works Funding Source:
Purchasing NA DCM/ACM Current FY CI
Risk M gmt NA Other NA Attachments OP
Other
Submitted by: ,0 ~ ,. J 1
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o Printed on recycled paper Belleair Remnant Agn, Ewb1099
[X ] None
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.atlon Code:
Rev, 2/98
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
R nal Agenda Item #
g
Meeting Date: Nov. 18. 1999
Co \1'+' -+0 \ a19
SU BJ ECT/RECOM M EN DATION:
Rezoning and land Use Plan amendment for property at 809 Druid Road; Owner: Stephen Watts.
MOTION: APPROVE a Zoning Atlas Amendment from low Medium Density Residential (lMDR) to
Office (0) for 809 Druid Road and APPROVE a land Use Plan Amendment from Residential Urban
(RU) to Residential/Office limited (RlOl) for 809 Druid Road and pass ordinance 6464-99 and 6465-
99(lUZ99-08-03). (\o\-e.:'Ord..#s c~a.f\:Jed '+0 f,L{~3--00) <'0484-00 on \:.l.}q l~~
D and that the appropriate officials be authorized to execute same.
SUMMARY:
. The applicant is requesting a land Use Plan Amendment from Residential Urban (RU) to
Residential/Office Limited (RlOl) and a zoning change from Low Medium Density
Residential(LMDR) to Office(O) on approximately a .34 acre site located at 809 Druid Road(Lots
4 and 5, Block 40, Magnolia Park Subdivision),
. The site currently is developed with a single-family house.
. The proposed land use amendment and rezoning is consistent with the Clearwater
Comprehensive Plan Future Land Use Objective 2.5 which states that compact urban
development within the urban service area shall be promoted through application of the
Clearwater land Development Code; and policy 2.5.1 which states the development or
redevelopment of small parcels [less than (1) acre] which are currently receiving an adequate
Level-of-Service shall be specifically encouraged by administration of land development and
concurrency management regulatory systems as a method of promoting urban infil!.
. Based on analysis of compatibility, the proposed land LIse amendment and rezoning is compatible
with the immediate surrounding existing office, institutional(church) and residential uses.
. The proposed amendment is consistent with the Countywide Plan and the purpose and locational
characteristics of the Residential/Office Limited category which identifies this use as depicting
those areas of the County that are now developed, or appropriate to be developed, in a office
and/or low density residential use; and to recognize such areas as well-suited for such limited
mixed use consistent with the surrounding uses, transportation facilities and natural resource
characteristics of such areas.
N/A
N/A
~
Originating Dept.: J
Planning and Deve11 p.
User Dept.: fJ/~(
Planning ! (...Ic::;/ .
Attachments:
Costs
Reviewed by: .
Legal ~~
Budget N/A
Purchasi ng N/A
Risk Mgmt N/A
Info Svc
Publ ic Works
DCM/ACM
Other
Total
Cu rrent FY
Fundi ng Source:
CI
OP
Othe
r
Ordinances
SJbmitted by: B2 ~ j A I
City Manager ~l. ~
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Agenda Cover Memorandum
Summary Sheet
LUZ99-07 -03
Page 2
· There are sufficient public facilities to accommodate the proposed use which will not be
degraded,
· The proposed land use amendment and rezoning will not impact the natural environment.
· The proposed land use amendment and rezoning is consistent with the Community Development
Code and City Regulation requirements.
· The Community Development Board met at their scheduled public hearing meeting on October
19,1999 after which they unanimously recommended APPROVAL of the plan amendment and
rezoning to the City Commission.
,
"
ORDINANCE NO. 6464-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTHSIDE OF DRUID ROAD BElWEEN
SOUTH MYRTLE AVENUE AND PROSPECT AVENUE,
CONSISTING OF lOTS 4 AND 5, BLOCK 40, MAGNOLIA PARK
SUBDIVISION. WHOSE POST OFFICE ADDRESS IS 809
DRUID ROAD, FROM RESIDENTIAL URBAN TO
RESIDENTIAUOFFICE LIMITED; 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 as follows:
Property
Land Use Cateqorv
Lots 4 and 5. Block 40, Magnolia
Park. Subdivision, according to the Plat thereof
as recorded in Plat Book 3. Page 43, Public
Records of Pinellas County, Florida.
From: Residential Urban
To: ResidentiaUOffice Limited
(LUZ 99-08.03)
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, subject to the
approval of the land use designation by the Pine lias County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate I of compliance with the
applicable requirements of the Local Government Comprehensive Planning and land
Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes, The Administrator of
Planning and Development Services is authorized to transmit to the Pinellas County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance,
Ordinance No. 6464.99
PASSED ON FIRST READING
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PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst ,Mayor-Commissioner
Attest:
Leslie Dougall- ide
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No, 6464-99
"~"
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING AnAS OF THE CITY BY REZONING
CERTAIN PROPERTY lOCATE""O ON THE SOUTHSIDE OF
DRUID ROAD, BETW'EEN, SOUTH MYRTlE AVENUE A D
PROSPECT AVENUE, CONSISTING OF LOTS 4 AND 5,
MAGNOLIA PARK SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 809 DRUID ROAD, FROM SINGLE-FAMILY
RESIDENTIAL TO OFFICE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is
found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive
Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
Zonina District
Lots 4 and 5. Magnolia Park Subdivision, acCording
to the Plat thereof as recorded in Plat BooK 3/
Page 43, Public Records of Pinellas County, Florida
..
From: Low Medium Density
Residential (LMDR)
To: Office
(LUZ 99-08-03)
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, subject to the
approval of the land use designation set forth in Ordinance 6464-99 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida, as appropriate,
of compliance with the applicable requirements of the local Government Comprehensive
Planning and land Development Regulation Act, pursuant to ~163,3189. Florida Statutes,
Ordinance No. 6465-99
PASSED ON FIRST READING
: . . ,....
PASSED ON SECOND AND FINAL
READING AND AOOPTED ..:', I.
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E, Goudeau
City Cieri<
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COUNTYWIDE FUTURE LAND USE PLAN MAP
OWNER:
STEPHEN WA TTS,
611 DRUID ROAD
CLE ARWA TER, FL.
LAND USE PLAN
RU
R/OL
P.A.
LUZ:
99-08-03
--
PROPERTY DESCRIPTION:
809 DRUID ROAD, LOTS 4 & 5,
BLOCK 40, MAGNOLIA PARK SUBDIVISION
PROPERTY SIZE ACRES: ..34
3.3756
FROM:
TO:
ZONING
LMDR
OFFICE
RJJht-of~"'a1:
SIC: 15 TWP: 295
ACRES:
RANGE: 15E
ATLAS PAGE:
296A
COMMUNITY DEVELOPMENT BOARD OCTOBER 19, 1999
CITY COMMISSION:
NOVEMBER 18,1999
FILE lu 99-03
Prepared by: EA- Public Works Adminislrol;o'l
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PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER: STEPHEN WA TTS. P.A. LUZ: 99-08- 0.3
611 DRUID ROAD PROPERTY DESCRIPTION:
CLEARWA TER, FL. .3.3756 809 DRUID ROAD, LOTS 4 & 5.
_.
LAND USE PLAN ZONING BLOCK 40, MAGNOLIA P ARK SUBDIVISION
FROM: RU LMDR PROPERTY SIZE ACRES: .34
TO: RIOL OFFICE ACRES:
IlISh t- or-19 &1:
ATLAS PAGE: 296A SEC: 15 TWP: 29S RANGE: 15E
COMMUNITY DEVELOPMENT BOAID OCTOBER 19, 1999 CITY COMMISSION: NOVEMBER 18,1999
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10
CITY OF CLEARWATER
INTEROFFICE MEMO J \ . \ 8> ' cr I
To: Mayor and City Commissioners
From: George E, McKibben, Purchasing Manager
Copies: Michael J, Roberto, City Manager
Cynthia E, Goudeau, City Clerk
Subject: Purchases to be approved at the November 18, 1999 City Commission Meeting
Date: October 21, 1999
All items recommended for purchase and delivery during the 1999/2000 fiscal year are included in the
approved 1999/2000 budget. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budgets. All recommended vendors are the lowest most responsive
bidders in accordance with the specifications unless a specific exception is noted,
1. Award a contract to ~1otion Industries, Tampa, Florida, in the amount of $65,523.30, for the purchase
of fifteen (15) Sumitomo SM-Cyclo geam10tors to be utilized in all Water Pollution Control facilities.
City of Clearwater Bid 103-99. Appropriation code: 315-96664-562800-535-000. (Public Works /
Public Utilities)
2. Extend the contract with Tampa Bay Engineering, Clearwater, Florida, for previously approved
Florida Department of Transportation (FDOT) Joint Project Agreements (JP A) that have been completed
through the design phase, but are being delayed while the State con1pletes the right-of-way acquisition.
Contract to be extended from current expiration of December 31, 1999 through project completion. The
three projects include SR54 from Madison Ave. to U.S. 19; SR54 from Little Road to Gunn Highway;
and, Sunset Point Road and U.S. 19. No additional funding is required. Exception to bid under section
2.564 (l)(e), Code of Ordinances - Impractical to bid. (Clearwater Gas System)
3. Award a contract to Encore Broadcast Sales, Inc., Tampa, Florida, in the amount of$19,538, for the
purchase of a frame rate system that will operate the Video Bulletin Board Program of C-VIEW.
Funding to be provided under the City's Master Lease Purchase Finallce Program. Exception to bid
under Section 2.564 (1 )(b), Code of Ordinances - Sole source. Appropriation code: 315-94608-
564000-519-000. Debt service code: 010-09215-591600-581-000 (principal and interest). (Public
Communications and Marketing)
4. Award a contract to 1.J. MacKay Canada Limited, New Glasgow, Nova Scotia, Canada, in the
amount of $165,000, for the purchase of decorative parking meter posts and yokes for installation on
Clearwater Beach and downtown. Exception to bid under Section 2,564 (1 )(b), Code of Ordinances -
Sole source, Appropriation code: 315-92636-562500-545-000, (Public Works / Parking System)
Funding for the above referenced purchases is included in the FY 1999/2000 Budget or will be included
in the City Manager's recommended. budgets for future fiscal years,
C .
~~ ~'"'f\
ma Wilson, Budget Director
_ . :' . l; t, " . ~! ,; , . 'f ~.. '. f ~. . M ~. " ' , 'f; :' " ~. l lo. f :. .',' ~ ...1 '/." ,I . 'r, 1 ," ~ . ", (, :
..
B U. d--
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
]
1.L.\ ~ .~c;
Final Agenda Item #
SUBJECT IRECOMMEN DA liON:
To approve the reappropriation of $200,000 of General Fund operating savings in the FY 1998/99 budget
to fund the current fiscal year" vision" funds
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
In the 1998/99 operating budget, $750,000 was appropriated as "vision" funding. At fiscal year end, approximately
$365,000 had been spent, with a balance remaining of approximately $385,000.
During the 1999/00 budget process, it was determined that $200,000 of these funds would be allocated as "vision"
funds for the current fiscal year. The balance of $185,000 will be returned to the General Fund retained earnings,
Funds will be provided by a first quarter budget amendment reappropriating the $200,000 of savings from the FY
1998/99 "vision" funds to a Special Program project specifically established for 'Vision" fund expenditures,
Reviewed by: Originating Dept:
Legal n1a Info Srvc nfa OMB
Budget ~ Public Works nfa User Dept.
Purchasing ~a DCM/ACM ~ "/a
Risk Mgmt nfa Other Attachments
--
Costs nl a
lotal
Current FY
Funding Source:
CI
OP
Other
Submitted by: 12 ,_ . j J J
City Manager ~ ~
Printed on recycled paper
o None
A ro riation Code:
Rev, 2/98
.' . . v~ I' . f . . , f " " '.. ~ . .f = ., .t,;, ... ..}' ;' '. .
Item #12
t:,
/27/
~:!lIt
''''.l.~.,,.t: '1';[,::',: If>,';.~".'C"'.lh"~~'" ..,~ "~'(~'\''':''~:''~':''''~''I,.~l\f;;'1>!.,..,...1' '",-,;~",,".::,::~I.,,"",),',/',.' .J..~ ,'I.. .\'--"l:llf1.,:.:J\",\.\ ;l' .1"::~.~I';,.~".,' \
Clearwater
City Commission
Agenda
Cover Memorandum
Worksession Item #:
Meeti ng Date:
J~
~1
Final Agenda Item #
SUBJECT /RECOMMEN DA liON:
Authorize an intergovernmental loan between the City and eRA to provide funding not to exceed
$1,189.818,00 plus closing costs of approximately $2,000.00 for the purchase of the property fronting
on Cleveland Street (the Dimmitt Property), such loan to be made from the City's Central Insurance
Fund at a term not to exceed ten years, at the cash pool interest rate.
~ and that the appropriate officials be authorized to execute same.
SlJ,\JtMARY:
· On December 10, 1998, the City Commission approved the purchase of real property known as the Dimmitt
Property for the Town Pond Retention Project. Additionally, the City Commission approved the Option to
Purchase parcels A & B of the Dimmitt Property (see attached map); this is the property fronting on Cleveland
Street.
· The first option had no cost to the City and ran for 180 days. On June 3, 1999, the Commission assigned the
Option to Purchase to the CRA, and the eRA Board of Trustees approved an additional six month period (at a
cost of $50,000 to the CRA) giving the eRA more time to market the property, The Option to Purchase date
expires December 5, 1999.
· The eRA must notify the Seller prior to December 5, 1999, of its intent to exercise the Option to Purchase.
· On October 18, 1999, the CRA authorized the issuance of a Request for Proposals and Qualifications; On
October 21, 1999, the Commission supported the authorization of issuing the RFP/Q. The RFP/Q solicits
proposals and qualifications for commercial, office residential and mixed land uses. Responses are required to
be submitted by November 22, 1999 at 4:00 p.m.
· Upon authorization by the CRA to exercise the Option to Purchase, the CRA has sixty days to conduct
inspections, tests, environmental and any other investigations to determine the suitability for the intended
use of the property, Upon a positive conclusion of the inspection process, the CRA has thirty days to close
on the property.
. The agreement allows the assignment of the Option to Purchase to a proposed developer, or the CRA may
purchase the property for land banking purposes. The cost of the two parcels is $1,189,818,00.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Other
Originating Department:
Economic Develop~m
User Department:
Costs:
Cr,mmission Action:
o Approved
Total 0 Approved with Conditions
o Denied
Current Fiscal Year 0 Continued 10:
Advertised:
Date:
Paper:
o Not Required
Affected Parties
o Notified
o Not Required
Funding Source:
o Capital Improvement:
o Operating:
o Other:
Attachments:
Submitted by:
B;,4 ~
City Manager
o Printed on recycled paper
Appropriation Code
Map
o None
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CITY Of' CLL\RWATER. fLORIDA
PUBUC WORKS AOWINISTRAnON
ENGINEERING
DfWMITT CAR
t.EASlNG PROPERnES
ORA v..NG SCALE ,,.. 200"
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Clearwater City Commission
Agenda Cover Memorandum
~ IIMI A~(~lld.1 lI('nl /I
SU8JECT/RECOMMEN DA liON:
Approve the continued use of the Premium Stabilization Fund to offset a percentage of the biweekly
premium for employees with two or more dependents for the one year period, January 1, 2000 through
December 31, 2000, at an estimated total cost of $221,225
and that the appropriate officials be authorized to execute same.
SUMMARY:
Effective January 1, 1997, the City's health insurance option changed from a two..tiered plan (employee
and employee plus family) to a three-tiered plan (employee, employee plus one dependent, and employee
plus family), The change reduced the cost for employees with one dependent but significantly increased
the cost to employees with two or more dependents,
The Insurance Committee, which includes representation from four of the City's unions, SAMP
employees, Management employees, retirees, and Human Resources, recommended and the Commission
approved using a portion of the premium stabilization fund to offset approximately one-half of the
increase for the past three years. The Premium Stabilization Fund was established in 1989 in order to
guard against increases in health care costs. As of 6/30/99, this fund has a balance of $2,769,700.
The Insurance Committee recommends continuing the health insurance premium subsidy from the
premium stabilization fund for employees who have two or more dependents, For the year 2000, the
recommended strategy is to continue the subsidy at the ratio used in 1999, The City's portion of the
premium for HMO coverage per employee is 51 %, or $272.45 a month; $55,30 of this is the subsidy.
The City's portion of the premium for POS coverage per employee is 45%, or $274.73 a month; $57.58
of this is the subsidy, The estimated annual costs of $221,225 are based on 324 employees in the HMO
plan and 9 employees in the POS plan.
Reviewed by: Originating Dept: Costs Estimated $221,225
Legal NA Info Svcs NA H urnan Resou rccs Total
Budget # Public Works NA User Dept. A;x Funding Source: Premium Stab. Fund
Purchasing NA OeM! ACM um{ varied Capliallmprovemenl Current Fiscal Year
Risk Mgmt NA Finance '-tn A Attachments Oper,lt;ng
Other
~
o Norw
Appropriation Code:
590-07000-5456000-519-000
Rev. 2/98
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #: J tj
Final Agenda Item #
Meeting Date: l~
SUBJECT/RECOMMENDATION:
Approve contract with Dell Marketing, L.P., for the Police Field Reporting Hardware, at a cost not to
exceed $567,004,00, this being the most responsive proposal according to RFP 100-99, funding to be
provided by the COPS More grant awarded to the Police Department and approved by the Commission
on September 16, 1999,
lBl and that the appropriate officials be authorized to execute same.
SUMMARY:
· The proposals received in response to RFP 100-99 were evaluated by a Field Reporting Hardware
Committee, The committee consisted of Police Department personnel as well as personnel from other city
departments, After a vendor short list was established, sample laptop computers were supplied to the
department for evaluation and testing.
. Currently the department is utilizing Fujitsu hand held computers that when in patrol vehicles are secured
and powered by a vehicle stand. These computers are not fast enough nor do they possess the necessary
computing power to handle a present day field reporting system,
. The laptop will facilitate real time reporting, in-car Graphical Information System, car to car messaging and
access to Florida Crime Information Center, Pinellas County Judicial Information System and National
Crime Information Center databases, All of these features are necessary to fulfill the requirements of the
COPS More grant.
. This field reporting hardware 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,
. Additional future expenditures related to the COPS More Grant will include a Field Reporting
System/Records Management System at an estimated $537,000, to be funded 50% by the COPS More
Grant (181-99393) and 50% by the Computer Network capital Project 315-91127; modifications to the
laptop stands for patrol cars at an estimated $19,000, funding to be provided by the COPS More Grant
(181-99393); Cellular Digital Packet Data (CDPD) phone service software at approximately $90,000,
funding to be provided by the FY 2000 Local Law Enforcement Block Grant; and the modems for COPD at
approximately $189,000, funding to be provided through the COPS More Grant (181-99393),
. Funding for the Dell Laptops is to be provided by the COPS More Grant in special project code 181-99393.
Reviewed by:
Legal
Budget
Purch .
Risk Mgmt NA
NA
Public Works NA
DCM'ACM W$ll
Other
Costs
Total 567004,
Attachments
Funding Source:
Current FY 567004. CI
OP
Other X
Submitted by: 'ft ! j a J J .
City Manager ~, ~
Printed on recycled paper
o None
A ro riation Code: 181-99393
Rev, 2/98
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In regard to the Processor, it was noted that the RFP requires that the latest Intel processor be
installed at time of delivery.
. .' -" , \ . '..,' '. t, ( /~i_', I I l. I '-"' I..' ~ ~ ,"
FIELD REPORTING HARDWARE RFP MEETING
On August 25, 1999 the following individuals met to review and score the proposals submitted
from Bid #100-99:
Deputy Chief Baird Bill Kleinsorge
Capt. Githens Jay Peer
Jim Albright Fred Fricke
Mike Roza
The ratings were accomplished by using the following criteria as set out in the RFP as follows:
Background 10%
References 10%
Design 25%1
Functionality 25%1
Cost 300IcJ
Raw Averaged Scores
Background Ref, Design Funct. Cost Total Processor
Data 911* NA NA NA NA NA NA NA
GTE 4 10 10 15 15 54 PI1300
Comark** 8 10 10 / 20 15 / 20 15 I 25 58/83 PII 300
Dell 9 10 23 20 30 92 PI1366
Pomeroy 1 10 10 15 15 51 PI1300
Com, Tech 4 10 6 18 20 58
Motorola .7 10 10 15 15 57 P 266
*Data 911 was not evaluated because of non-responsiveness to the RFP,
**Comark bid both Panasonic and Toshiba laptops, The scores are listed for both,
Panasonic upper - Toshiba lower,
The scores were evaluated by the committee members and the two short list companies chosen
were Comark Sales and Dell Corporation, The other participating vendors will be notified in
writing of short list selection on August 27, 1999,
Comark Sales and Dell Corporation will be notified of their short list status in writing and will be
requested to supply samples of their products for analysis and review.
Additional notes:
'I ,. 1" '.. ,. ,f I' ,..
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Field Reporting hardware
Committee Meeting
9/17/99 - 1400 hrs,
Present:
Capt. Githens
Jay Peer
Jim Albright
Mike Roza
Bill Kleinsorge
Lt. Burch (for 5gt. Wierzba)
Alicia Farrell
. The sample laptops provided by the short list vendors (Dell and Comark),
were reviewed by the members,
. A test of the readability of the screens was done in both in-door and out-door
lighting conditions,
. It was determined that the Dell was brighter and more visible, Additionally,
the touch pad of the Dell machine was the preferred mouse devise over the
Toshiba devise,
. It was noted that the volume control on the exterior of the Toshiba (provided
by Comark) could pose problems in the patrol car environment.
. The Dell machine has 2 gig more hard drive and 2 years longer on the
maintenance,
. Pricing for the two machines was reviewed and it was noted that the Dell
proposal was considerably less than the Comark proposal.
. A vote was held and Dell was unanimously chosen as the vendor to supply
the field reporting hardware.
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~ Clearwater
()
Interoffice Correspondence Sheet
To:
From:
Mayor and Commissioners ~ '
Cynthia Goudeau, City Clerk t' "\
Date:
Michael J. Roberto, City Manager; Sid Klein, Police Chief
November 18, 1999
CC:
RE:
Response to question re Agenda Item #14: Approve contract with Dell
Marketing, L.P, for the Police Field Reporting Hardware
Attached is a breakdown of cost for the Computer Network Capital Project and COPS More
Grant. It should be noted that the costs, other than the laptops, reflected under the COPS
More Grant, are estimates, The actual costs will not be confirmed until the purchases are
brought forward after the first of the year.
The entire Computer Network Project, which is separate from the COPS More Grant, was
funded at $3 million to provide the Police Department's in-house network in the new
station. After the expenditures noted on the attached, a balance of $57,000 will remain in
the project, This entire project encompassed the Computer Aided Dispatch System,
Records Management System, Message Switch, Document Imaging System and the general
computerization of the Pol ice Department. The Computer Network Capital Project was
funded through the General Fund, None of the $500,000 in the 99-00 Capital
Improvement Budget is being used to fund the cost related to this agenda item.
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # :I 5
Meeting Date: lJ, 1 <? ~ CJ ~
SUBJECT/RECOMMENDA nON:
Approve the transfer of $30,092.83 from the City of Clearwater's General Fund retained earnings to
the Clearwater Homeless Intervention Project, Inc. (CHIP)
iii and that the appropriate offICials be authorized to execute same.
SUMMARY:
· In June 1999, Clearwater Housing Authority (CHA) paid $30,092.83 Payment in Lieu of Taxes
(PILOT) to the City of Clearwater. These funds were in turn deposited as a General Fund revenue
in fiscal year 1999.
. In a letter to the City Manager dated September 15, 1999, CHA requested that these funds be
donated by the City to offset operational costs for CHIP. This request was approved by City
Commissioners at the Commission meeting on October 7, 1999,
· A first quarter budget amendment transferring the funds from the General Fund to CHIP would not
be processed and approved by ordinance until March 2000.
e In order to allow CHIP to have access to these necessary funds as soon as possible for
operational expenses, it is requested that the funds be transferred immediately from the
unappropriated retained earnings of the General Fund to Special Program #181-99938, Homeless
Shelter.
Rev,
Reviewed by:
Legal n/a
Budget --:;;:::F
Purchasing Y
Risk Mgmt n/a
Info Srvc
Public Works
DCM/ACM
Other
n/s
n/a
~
n/a
Costs
Total
$30,092.83
Current FY
$30,092.83
Funding Source:
CI
OP
Other PILOT
Submitted by:
City Manager
Printed on recycled paper
" ,ft.
I!I None
A ro riatlon Code: 181-99938
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Worksession Item II:
Final Agenda Item H J y?
Meeting Date: .ll~
SUBJECT/RECOMMENDATION: Approve a five year agreement from October 1, 1999 - September 30,
2004, between the City of Clearwater and the African American Leadership Council, Inc" for the use and
supervision of the Holt Avenue Youth Center with an associated grant of $96,564 for FY 1999/2000,
.
Pf\~
Clearwater City Commission
Agenda Cover Memorandum
I!l and that the appropriate officials be authorized to execute same.
SUMMARY:
. On October 7, 1999, the City Commission approved the following RFP Review Committees ranking for the use
and supervision of the Holt Avenue Youth Center and grant proposals; 1, African American Leadership
Council, Inc, (AALC); 2. Suncoast Family YMCA; and authorized staff to negotiate an agreement with the
African American Leadership Council, Inc.
. Staff met with representatives for the AALC and they agree to offer the following services:
~ Provide programs to include but not be limited to parental support groups and skills training, family literacy
services, job counseling, child development activities, liaison to the health care system, outreach (including
home visits), on-site childcare for programs, facilitation and support of community meetings and activities,
~ Provide agency personnel and volunteers to operate and supervise activities and special programs at the
Youth Center, the north basketball court, and the picnic shelter.
~ Supply the necessary leadership and supervision of Agency activities conducted on the recreation grounds
adjacent to the Youth Center,
? Schedule and monitor use of the picnic shelter next to the Youth Center,
. The Agency will be required to provide an annual report of activities consisting of the number of clients served,
costs of such service, commentary on the viability, effectiveness, and trends affecting the program and success
of same. Accounting of funds received from the City for these programs will be required.
o The City will provide the following funding and in-kind services:
~ an operational grant of $96,564 for FY 1999/2000, Grants for future years are subject to annual budget
approval by the City Commission,
~ lawn and landscape maintenance for all areas around the Youth Center,
~ maintenance for all major capital components of the building, to include air conditioners, roof, plumbing,
electrical, etc.,
~ payment of two-thirds of the solid waste bill, and,
~ if necessary, install a fence according to City code around the picnic shelter and other facilities maintained
by the Agency.
. No other in-kind servicp.s, supplies, labor or equipment, whether on loan or for consumption, will be granted
to the agency,
Reviewed by:
legal ~~ ~
Budget ~
Purchasing ~
Risk Mgrnt ~
Info Srvc
Public Works
DCM! ACM
QOl Admin.
Human Relations
NA
NA
~
\( (). H
Originating Dept:
Parks & Recreation
User Dept, __ ~
Pari,s & Recreation ~
Attachments
Costs
Total $96,564
Current FY $96,564
Funding Source:
CI
OP
Other
x
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code: 010-07000-582000-575-000
Rev. 2/98
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~ C earwater
u
Interoffice Correspondence Sheet
From:
Bill Horne, Assistant City Manager
Art Kader, Assistant Director, Parks & Recreation Dept. oY-
To:
CC: Kevin Dunbar, Parks and Recreation Director
Eleanor Breland, Human Relations Director
Mike Roberto, City Manager
Date: October 27, 1999
RE: Summary of Agreement between African American Leadership Councillnc, and the City
The attached agreement between the African American Leadership Counci/lnc. (AALC) and the
City can be summarized as follows:
. The Agency will provide for a number of programs including parent support groups and skills
training, family literacy services, job counseling, child development activities, linkages to the
health care system, outreach, childcare for parents who are attending classes and facilitation
and support of community meetings and activities.
. The Agency will provide personnel to operate and supervise activities and special programs at
the Youth Center and adjacent recreation grounds and monitor the use of the picn ic shelter.
. The City will provide an operational grant of $96,564 to fund the services mentioned above,
o The City will provide in-kind services to provide lawn and landscape maintenance for all areas
around the Youth Center, maintenance for all major capital components of the building
including air conditioners, roof, plumbing, electrical, etc., pay two thirds of the solid waste bill
and if necessary install a fence according to city code around the picnic shelter and other
facilities maintained by the Agency.
o No other in-kind services, suppl ies, labor or equipment whether on loan or for consumption
will be granted to the agency.
. The Agency will have to provide scheduled reports to the Human Relations Department which
will include the number of clients served, the costs of such service, commentary on the
viability, effectiveness and trends of the programs and finJncial reports on the programs,
G Funds may only be used for the programs mentioned above and a full accounting on all monies
spent will be provided to the City similar to all other city social service grants,
. The AALC will serve as the lead organization and will be contractually responsible for
providing program funding to the North Greenwood Community Family Center, Inc.,
Greenwood Panthers, and le'azon Technology Corporation.
. This agreement is similar to other City social service grants awarded during the year. Many of
the requirements are identical to those required by the JWB of Pi nellas County,
. Term of the agreement is for five years from Oct. 1, 1999 to Sept. 30, 2004, Funding for this
agreement is contingent on annual budget approval b~' the City Commission.
If additional information is required concerning this item please let me know.
it
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AGREEMENT
This Operational Support and Funds Agreement is made and entered into between the City of
ClealWater, hereinafter referred to as the City, and African American Leadership Council, Jnc,
hereinafter referred to as the Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational and social skills and good habits in
young people, adults and families; and
WHEREAS, the City desires to help young people, adults and families to build social skills by
providing operational support; and
WHEREAS, the Agency has established programs that provide educational, motivational and
cultural activities for youth, adults and families in the North Greenwood area of the City of
ClealWater; and
WHEREAS, the City owns the Holt A venue Youth Center Building, hereinafter referred to as
the Youth Center, located at 1250 Holt Avenue and
NOW, THERFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a peIiod of 5 years commencing on the 1st day of
October, 1999 and continuing through the 30th day of September, 2004 (the Termination Date)
unless earlier terminated under the tenus of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1) Services to be Provided: The Agency shall provide at a minimum the following services:
a) Programs: Conduct educational, cultural and motivational programs at the Youth
Center for the benefit of neighborhood and Clearwater area youth, adults, and
families. Some of the core programs to be provided are as follows:
i) Parent support groups and skills training
ii) Family literacy services
iii) Job counseling and related economic development activities
iv) Child development activities
v) Linkages to the health care system and other community services
vi) Outreach (including home visits when appropriate)
vii) Childcare for parents who are attending classes or participating in
activities on site
viii) Facilitation and support of community meetings and activities
1
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b) Assistance to the City: Provide Agency personnel and volunteers to operate and
supervise activities and special programs at the Youth center building as well as the
north basketball court and the picnic shelter,
c) Supervision of Recreation Grounds: Supply the necessary leadership and
supervision for the conduct of Agency activities on the recreation grounds adjacent to
the Youth Center.
d) Supervision of the Picnic Sltelter: Monitor and schedule the use of the picnic
shelter.
2) Area to be Served: Services rendered through this agreement shall be provided within the
corporate limits of the City as it now exists and as its boundaries may be changed during he
tenn of this agreement. The primary target participant group shall reside in areas of the city
with a 33755 zip code.
3) Use of Holt Avenue Youth Center:
a) No Illegal Use. The Agency promises and agrees that they will make or allow no
unlawful, improper or offensive use of the premises, Further, the Agency understands
and agrees that this provision specifically prohibits, among other acts, the sale,
consumption or use of alcoholic beverages or controlled substances anywhere in, on or
around the Youth Center and those adjacent areas used by the Agency.
b) Rules for Use. Rules and regulations governing the use of the Youth Center may be
established by the Agency, providing they are not in conflict or inconsistent with the
ordinances, policies or operating rules of the City or of this Agreement. Such rules and
regulations developed by this Agency may provide for and allow reasonable user fees.
c) Inspection by City. The Agency understands and agrees that the Youth Center premises
may be entered and inspected at any time by the City's officers, agents and employees,
The City shall notify the Agency at least 48 hours prior to any inspections,
d) General Adherence to City Ordinances. Notwithstanding any limitations implied by
the provisions above, the Agency pronlises to observe all City ordinances.
4) Maintenance of the Premises by the Agency.
a) Custodial Maintenance. The Agency shall maintain the Youth Center and adjacent
areas used by the Agency in a clean and orderly condition.
b) Repair of Damage. The Agency understands and agrees that it is responsible for and
will cause to be repaired at tbe Agency's expense damage to the premises other than
normal wear and tear or vandalism.
2
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5) Payment for all operating expenses: The Agency is responsible to pay all operating
expenses associated with the Holt A venue Youth Center including hut not limited to electric,
water, sewer, custodial. and building maintenance and will pay one third of the solid waste
bill for the dumpster.
6) Payment of Fees and Taxes, The Agency shall obtain all required licenses at its own
expense and shall pay all required taxes necessary to the Agency's operation at the Youth
Center,
7) Scheduled Reports of Agency Activities:
a) The Agency shall furnish the City Human Relations Department, Grants Coordinator,
with an annual report of activities conducted under the provisions of this agreement
within sixty days of the end of the Agency's fiscal year. Each report is to identify the
number of clients served, the costs of such service, and commentary on the viability,
effectiveness, and trends affecting the program.
b) The Agency agrees to submit progress reports and other information in such format and at
such times as may be prescribed by the City, and to cooperate in site visits and other on-
site monitoring (including, but not limited to, access to sites, staff, fiscal and client
records, and logs and the provision of related infomlation),
.8) Use and Disposition of Funds Received: Funds received by the Agency from the City shall
be used to pay for the above services as further described in a separate budget proposal
subnlitted by the Agency to the City. (Attachment A) Funds existing and not used for this
purpose at the end of this agreement tcnn shall be deemed excess to the intended purpose and
shall be returned to the City.
9) Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any information necessary
to reflect fully the financial activities of the Agency. Such records shall be available and
accessible at all times for inspection, review, or audit by authorized City representatives,
b) Use of Records: Agency shall produce such reports and analyses that may be required by
the City to document the proper and prudent stewardship and use of the monies received
through this agreement.
c) Maintenance of Records: All records created hereby are to be retained and maintained
for a period not less than five (5) years.
10) Audit and Management Letter: Within 120 days of the close of its fiscal year, Agency
agrees to submit to the City a certified independent fiscal audit of all its corporate activities
and any accompanying management letter(s). This audit shall be conducted consistent with
American Institute of Certified Public Accountants (AICP A Standards for Non Profit
3
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Organizations or other mutually agreed upon standard, The audit will separately identify
City revenues, fees and donations, and expenditures by program.
11) Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex,
handicap, national origin, religion, martial status or political belief, be excluded from
participation in, denied the benefit(s) of, or be otherwise discIiminated against as an
employee, volunteer, or client of the provider, except that progranls may designate
services for specific client groups as defined in the application. Agency agrees to
maintain reasonable access to handicapped persons.
b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to
Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts.
c) Breach of Nondiscrimination Covenants: In the event of conclusive evidenced of a
breach of any of the above non-discrimination covenants, the City shall have the right to
terminate this agreement.
12) Publicizing of City Support: Agency agrees to identify the City support on its letterhead,
agency newsletter, and other printed materials, and to utilize every reasonable opportunity to
publicize the support received from City. Agency further agrees to supply City, up to three
copies of any publication developed in connection with implementation of programs
addressed by this Agreement. Such publications will state that the program is supported by
City.
13) Measurable Objectives: Nleasurable objectives, objective levels and minimum service
levels will be negotiated during the first sixty days of this agreement. Thereafter, and for the
remainder of the term of this agreement they will be negotiated during the first sixty days of
the fiscal year,
14) Liability and Indemnification: The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed and
all liability therefore, and shall defend, indemnify, and hold hannless the City, its officers,
agents, and employees from and against any and all claims of loss, liability, and damages of
whatever nature, to persons and property, including, without limiting the generality of the
foregoing, death of any person and loss of the use of any property, except claims arising from
the negligence or willful misconduct of the City or City's agents or employees. This
includes, but is not limited to matters arising out of or claimed to have been caused by or in
any manner related to the Agency's activities or those of any approved or unapproved invitee,
contractor, subcontractor, or other person approved, authorized, or permitted by the Agency
in or about its premises whether or not based on negligence.
15) Insurance. The Agency shall procure at its expense and maintain during the term of this
Agreement insurance as shown below:
4
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a) A Comprehensive General Liability policy covering claims for injuries to persons or
damage to property which may arise {i.om or in connection with use of the Youth Center
premises by the Agency including all activities occurring thereon.
b) A Business Automobile Liability Policy covering claims for injuries to persons or
damage to property that arise from or in connection with use of a motor vehicle owned by
the Agency.
c) Insurance procured in accordance with sections 15 (a) and (b) shall have minimum
coverage limits of $500,000.
d) Each insurance policy issued as a requirement of this Agreement shall name the City of
Clearwater as an additional named insured. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officials, employees, agents
or volunteers.
e) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements
affecting coverage required by this section. These forms shall be received and approved
by the City's Risk Manager before execution of this Agreement by authorized City
officials,
ARTICLE III. RESPONSIBILITIES OF THE CITY
1, Grant of Funds. The City, for the 1999/2000 budget year, agrees to provide a grant of
$96,564 to the Agency to assist in funding Agency activities and expenses as identified in
Attachment A. Grants for future years of this agreement are subject to annual budget
approval by the City Commission.
2. Grant of In-Kind Services:
a) The City agrees to provide lawn and landscape maintenance for all areas around
the Youth Center, Basketball Court and Picnic Shelter.
b) The City will provide maintenance for all major capital components of the
building including air conditioners, roof, painting, plumbingr electrical, etc.
c) The City agrees to pay two thirds of the solid waste bill for the dumpster.
d) The City agrees to install a fence according to city code around the picnic shelter
and other facilities maintained by the Agency if so desired, Final design and
layout will be determined by the City if needed.
e) The City will not provide any other additional in kind services, supplies, labor or
equipment whether on loan or for consumption to the Agency.
5
3, Payments: The total amount of this grant will be paid by the City to the Agency within
30 days after execution of this agreement by the City and the Agency but no earlier than
October 1 of the budget year for which the funds are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified, or discharged except by written Amendment duly executed by both
parties, No representations or warranties by either party shall be binding unless expressed herein
or in a duly executed Amendment hereof,
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute cause for termination, This agreement may by terminated with
30 days written notice without any further obligation by City.
2, For Municipal Purpose: The City may terminate for any municipal purpose by giving
90 days written notice.
3, Disposition of Fund .l\'lonies: In the event of termination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City.
ARTICLE VI. NOTICE
Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
1. 1fto City, addressed to Grants Coordinator, Human Relations Department, P,O Box 4748,
. Clearwater, FL 33758
2, If to Agency, addressed to Bilal F. Habeeb-ullah, Executive Director, African American
Leadership Council, Inc. 1250 Holt Ave, Clearwater, FL 33755.
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the first day of October,
ARTICLE VIII. CONTINGENCY
Future funding for this agreement is contingent upon yearly appropriations by the City
COlnmission,
6
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3, Payments: The total amount of this grant will be paid by the City to the Agency within
30 days after execution of this agreement by the City and the Agency but no earlier than
October 1 of the budget year for which the funds are authorized,
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified, or discharged except by written Amendment duly executed by both
parties, No representations or warranties by either party shall be binding unless expressed herein
or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1, For Cause: Failure to adhere to any of the provisions of this agreement as deterrnined by
the City shall constitute cause for termination, This agreement may by terminated with
30 days written notice without any fu1iher obligation by City.
2, For Municipal Purpose: The City may tenninate for any municipal purpose by giving
90 days written notice.
3, Disposition of Fund Monies: In the event oftennination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City,
ARTICLE VI. NOTICE
Any notice required or pennitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed,
1. If to City, addressed to Grants Coordinator, Human Relations Department, P,O Box 4748,
Clearwater, FL 33758
2, If to Agency, addressed to Bilal F, Habeeb-ullah, Executive Director, African American
Leadership Council, Inc, 1250 Holt Ave. CleaIWater, FL 33755,
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shall be as of the first day of October, 1999,
ARTICLE VIII. CONTINGENCY
Future funding for this agreement is contingent upon yearly appropriations by the City
Conlffiission,
6
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
, 1999,
day of
AFRICAN AMERICAN LEADERSHIP
COUNCIL, INC.
By:
CITY OF CLEARWATER, FLORIDA
By:
Michael J, Roberto
City Manager
Executive Director
Brian J, Aungst
Mayor-Commissioner
ATTEST:
Approved as to form:
Cynthia E. Goudeau
City Clerk
John Carassas
Assistant City Attorney
7
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Clearwater City COITIInission
Agenda Cover Melnorandum
Final A~enda Item # --l '7
Meetin~ Date: 11-18-99
SUBJECT/RECOMMENDATION: Approve a contract to purchase real property from Chester E
Stonom and Brenda P. Stonom, his wife, legally described as PINE CREST SUBDIVISION, Block
6, Lots 13 and 14 and one-half of vacated alley on the north, commonly know n as 1008 and
1010 Seminole Street, for $68,000, plus $2,000 for personalty, with estimated transaction
expenses for environmental inspections, survey and closing costs of $2,600, for a total
estimated acquisition amount of $72,600,
l!J and that the appropriate officials be authorized to execute same.
SUMMARY:
· Rav Green Field. a City ballfield at the southwest corner of North Greenwood Avenue and
Palmetto Street occupies a parcel of land containing approximately 4.55 acres.
" The new Greenwood branch librarv and community recreation facilitv are planned for
construction on the site in 2001-2002.
· On June 29. 1999 the City completed the purchase of Lots 15 and 16 in the subiect block
for $105,000, property formerly owned and occupied by Golden Anchor Seafood.
· Frost Appraisal Services appraised the subiect property on Auqust 9, 1999. Mr. Frost
estimated its market value to be $65.000. The seller was unw illinq to sell for that amount.
but has agreed to sell as stated in the Subject/Recommendation section above.
· Purchase of this property would add approximately 15,200 additional square feet to the
proposed library and community center site. The property would then total about 227.460
square feet, or 5.22 acres.
· Per the contract. the seller has up to 180 davs to close: but upon qivinq 30 days notice to
the City. may close anytime after 60 days follow ing the effective date.
· The property is improved with two single-family homes. Demolition is estimated at $3,300.
· The available balance in Open Space and Recreation Land Impact Fees is sufficient to
provide fundinQ for this purchase as an element of the Rav Green Park Expansion Proiect
(315-93128 ).
Reviewed by:
Legal ~
Budget ~
Purchasing NA
Risk Mgmt NA
Info Srvc
Public Works
DCM/ACM
a.o.L.
Originating Dept:
Public Works
Costs
Total 572,600
Submitted by'
City Manager [Xl
Printed on recycled paper Stonom Cant Ago. ew b119 9
Funding Source:
Current FY 572.600 CI
OP
Other
None
..00
Rev, 2/98
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
/'7
PARTIES: CHESTER E, STONOH and BRENDA P. STONOH, his wife (herein "Seller"), of 1960 Byram
Drive, Clearwater, Florida 33755-1508 Phone: (727) 461-2869, and the CITY OF CLEkRWA'rER,
FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of p,
0, Box 474e, Clearwater, Florida 34618-4748, ATTENTION: Earl Barrett, Real Estate Services
Manager, Phone: (727) 562-4754 (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 teams and conditions,
THE "BrnCTJ:VE DATE" or 'l'HIS CONTRACT IS THE DATIl: or EXECUTJ:ON BY DULY
AU'l'HORIZED CITY Ol'lIC:uLS. TncE IS or THE ESSENCE IN THIS CON'l'lU.CT,
'l'i.me perioda of S clay. or le.. .hall be computed without including
Saturday, Sunday, or national legal holiday. and any tLme period ending
on a Saturday, 3unday or national legal holiday shall be extended until
5:00 P,~. o~ the next bu.ine.. day.
1, PROPERTY DESCRIPTION
LEGAL DESCRJ:PTION: PINE CREST SUBDI~SION, Block 6, Lot. 13 and 14 and ~ of vacated
alley on the north, as recorded in Plat Book 1, ~age 66 of the
PUblic Recor~ of Pinella. County, Florida, together with all
I~rovementa thereon and therein.
STREET ADDRESS: 1008 and 1010 Seminole street, Clearwater, Florida 33755
PERSONALTY: AS I'l'EMIZED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, BUYER
AGREES TO PURCHASE PERSONALTY FOR THE TOTAL SUM Of $2,000 IN ADDJ:TION TO
THE PURCHASE PRICE STATED IN PARAGRAPH 2 HEREOF TO BE PAID FOR THE REAL
PROPERTY. AT CLOs:ING SELLER AGREES TO DELIVER PERSONALTY IN GOOD WORKING
ORDER, BY WARRANTY BILL OF SALE, FREE JUm CLEAR OF ALL ENCUMBRANCES,
2. FULL PURCHASE PRI CE .........................,................. ., $
68,000.00
3, MANNER OF PAYMENT: City of Clearwater check in U. S. f~nd5 at time
of closing (subject to credit.:.s, prorations)... $
68,000.00
4, DE'TERMINATION OF PURCHASE PRI CE
The Full Purchase Price as shown herein
Seller by City staff. The Purchase Price
performed for the City by L. Kenneth
Consultants, Inc. on August 8, 1S<99.
has been reached through negotiations with the
is based on an appraisal of the real property
Frost, MAl, of Frost Appraisal and Market
5. TIME FOR ACCEPTANCE: APPROVALS
Following eKecution of this contract by Seller, r.he pri ce, terms and conditions as
contained herein shall remain unchanged and be held unconditionally open for a period of
45 days (60 days if delivered later than October 20, 19951) following delivery in duplicate
original to Earl Barrett, Real Estate Services Manager, in the Public Works Department of
the City of Clearwater for acceptance and approval or rejection by action of the
Clearwater City commission ("Commission"). I f this agreement is accepted and approved by
the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If this contract is rejected by the Commission upon
initial presentation, this contract shall be null and void in all respects and Buyer shall
be so informed in writing within 5 days of such action.
6. TITLE
Sell~r warrants legal capacity to and shall convey marketable title to the Property by
Statutory Warranty, Trustee's, Personal Representat~ve'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 NO OTHERS; provided
there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property for institutional purposes. 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 EVIDENCE
Seller shall, at Seller expense and within lS days prior to closing date deliver to
Buyer a title insurance commitment issued by a~rida 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
Page 1 of 5
forth in this Contract. Marketable title shall be determined according to applicable
. .' ,., .', ~ ... , , . I ' " ,',' ." ' ' ". : J ' , . . ,', ,.'" . ':. .', " .'" :. ~.' " I
forth in this Contract. Marketable ti tIe shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5
days from receiving evidence of title to examine it. If title is found defective, Buyer
shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, 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 defect(s) 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 ilnprovements 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
perfonned to minimum technical standards of Chapter 6lG17-6, 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
Seller shall designate closing agent and this transaction shall be closed in the
offices of the designated closing agent in Pin~llas County, Florida, on or before 6 months
followinq the Effective Date, unless extended by other provisions of this contract. Seller
shall have the privilege of closing this transaction anytime not less than 60 days after
the Effective Date upon delivering to Buyer a nUnimum of 30 days notice of Seller's intent
to close. 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 60 days without effect upon any other term, covenant
or condition contained in this contract,
10. CLOSING DOCUMEN'l'S
Seller shall furnish deed, closing statement, bill of sale (if applicable), mechanic's
lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and
corrective instruments. If Seller: ~s 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 resolucion and setting forth facts showing the
conveyance conforms to the requirements of local law.
11. CLOSING EXPENSES
Docume:1tary stamps on the deed, unless this transi\ction 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.
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 l~6.0l2(6), Florida Statutes. If the amount of taxes and assessments
for the current year cannot be ascertained, taLes 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.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as
otherwise di sclosed herein. . If Property is int,=,nded to be rented or occupied beyond
closing, the fact and terms thereof shall be stated herein, and the tenunt(s) or occupants
disclosed pursuant to Paragraph 14. Seller agrees to deliver occupancy of the Property at
time of closing unless otherwise stated herein, If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be
responsible and liable for maintenance from that date, and shall be deemed to have
accepted Property in its existing conditions as of the time of taking occupancy unless
otherwise stated herein or in separate writing.
14. LEASES/RENTAL AGREEMENTS
Seller shall terminate all tenancies of every nature not later than 48 hours prior to
closing and shall deliver the property to Buyer completely vacated at time of closing.
Buyer shall have no liability whatsoever to any tenant or Seller in connection with any
lease, rental agreement, representation or verbal understanding between Seller and any
tenant. I f for any reason Seller is unable to deliver proper.ty completed vacated at
closing, and in "broom clean" condition, this agreement may be extended by Buyer as
provided in paragraph 9 hereof; in which event Seller shall credit Buyer $20.00 per day
for each day of the extension until property is vacated, up to a maximum of 45 days;
following which Buyer, at Buyer option, may elect to terminate this agreement or proceed
to enforce its provisions as provided in paragraph 20 hereof.
Page 2 of 5
lS, PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is"
condition, ordinary wear and tear excepted, and shall maintain the landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclosed
herein in Paragraph 21 ("SELLER WAR~TIES") and marketability of title. Buyer's
cov~nant to purchase the Property "as is" is more specifically represented in either
subparagraph a, or b, as marked [Xl.
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present "as is" condition,
b. [xl As Ia With Right o~ Inspection: Buyer may, at Buyer expense and within ~ days
from Effective Date ("Inspection Period"), conduct inspections, tests,
environmental and any other investigations of the Property Buyer deems
necessary to dete~ne 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 th~ Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities services
as ~y 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 te~nate this
contract by written notice to Seller prior to expirat~on 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 conditlon.
16. ~-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to
closi ng, Buyer may conduct a final "walk-through" inspection of the Property to determine
compliance with any Buyer obligations under Paragraph 15 and to insure that all Property
is in and on the prenrises, and that all personalty being conveyed is in normal operating
condition. No new issues may be raised as a result of the walk-through.
17. SELLER HELD HARMLES S
Buyer is self insured. and subj ect to the 11mi ts and restrictions of the Florida
Sovereign ~mmunity Statute, F.S. 758.28, agreos to indemnify and hold harmless the Seller
from claims of injury to persons or property during the inspections and i.nvestigations
described in Paragraph 15 (bl resulting from Buyer's own negligence only, or that of its
employees or agents only, subject to the limits and restrictions of the sovereign immunity
statute.
18. ~SK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of
restoration does not exceed 3~ of the assessed valuation of the Property so damaged, cost
of restoration shall be an obligation of the Seller and closing shall proceed pursuant to
the terms of this contract with restoration costs escrowed at. closing. If the cost of
restoration exceeds 3ii of the assessed valuation of the imf-rovements so damaged, Buyer
shall have the option of ei~her taking the Property "as is", together with either the 3\
or any insurance proceeds payable by virtue of such loss or damage, or of canceling this
contract.
19. PROCEEDS OF SALE; CLOSInG PROCEDURE
The deed shall be recorded upon c~earance 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 afte:: 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 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 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 Seller by special warranty deed, If Buyer fails to make timely demand
for refund, Buyer shall take ti tIe "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,
20. 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.
Page 3 of 5
cof,
21. SELL!:R 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'~ de5ire to purchase the property except as follows: (Specify known defects,
if none are known, write ("NONEN) ()
Hprle.
Buyer shall have the number of days granted in Paragraph 15(b) above ("Property
ConditionH) 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,
22. RADON GAS NOTIFICATION
In accordance with prOVl.Sl.ons of Section 404.056 (8), Florida Statutes (1989), as
amended, Buyer is hereby info4med 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 t~me. 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.
23. 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. ~'1henever the context permits. singular shall include plural and one gender
shall include all.
24. 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, certified or registered, 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.
25. ASSIGNABILXTY; 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).
26. 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.
27. TYPEWRITTEN OR JU\NDWRITTEN PROVISIONS
Typewritten or handwrittefl provisions shall control all printed provisions of contract
in conflict with them.
28, 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 dp.termined 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, r,s. 768.28,
29, 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.
30, GOVERNIN~
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
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31, COONTERP~TS; 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.
32. SPEC:o.L CLAOSZ: IRS SECTION 1031 TAX-FREE EXCHANGE
At time of execution of this Agreement it is Seller's intention to effect an exchange
of "like kind" property under "Starker" provisions of the U. S. Internal Revenue Code,
Section 1031. Seller is advised to seek legal and financial advice from competent
professionals of Seller's choice to comply with said code provisions,
33, J:NTIIU: 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 promdses, 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 t.EGALLY BUrnING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Seller:
Date:
I ()-/f(--)q
, 1999
~~
Chester E. Stonom
. 1999~ ~~
J? 1~ 'f~71()
Social Security No.
Date:
IO/J~Jq9
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Social Security'No,
====~====================~=========================~====================~================
APPROVED AND ACCEPTED this
day of
, 19!O9.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Brian J. Aungst, Mayor-CornnUssioner
Approved as to form and ATTEST:
legal sufficiency:
John Carassas, Assistant City Attorney Cynthia E, Goudeau, City Clerk
Cltybuy/Stonom l09gewb i'age 5 of 5
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EXHIBIT "A"
PERSONALTY TO BE CONVEYED BY CHESYER E. STONOM & BRENDA P.
STONOM C'SELLER'') TO CITY OF CLEARWATER C'BUYER") PURSUANT
TO REAL ESTATE PURCHASE AND SALE AGREEMENT REGARDING 1008
AND 1010 SEMINOLE STREET, CLEARWATER, FLORIQA.
1008 SEMINOLE ST.
1010 SEMINOLE ST.
Gas Range
Refrigerator
Gas heating unit
Gas Range
Refrigerator
Gas heating unit
NOTE: Wall air conditioning units in both houses are tenant-owned and
do not convey.
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Item #18
1300
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item It:
Final Agenda Item # j 8"
Meeting Date: 11-18-99
SUBJECT/RECOMMENDATION: Approve an Agreement to Exchange Easements of comparable value
with Grand Prix, ltd. over portions of Section 13, Township 29 South, Range 15 East; and declare as
surplus to City needs a 1,621.74 square foot, more or less, easement over a portion of City-owned parcel
13-29-15-00000-230-0900 for the purpose of exchanging said easement for a 7,500 square foot, more or
less, drainage and utility easement over a portion of parcel 13-29-15-00000-230-0600 owned by Grand
Prix, Ltd"
l&J and that the appropriate officials be authorized to execute same,
SUMMARY:
· The City plans to improve Allen's Creek between Gulf to Bay Boulevard and Arcturas Pond by
realigning its channel and constructing gabion walls to prevent future erosion.
o The entire project limits are owned by the City with the exception of the southerly 150 feet of the
channel which is owned by Grand Prix, Ltd, (Grand Prix Car Wash, 1880 Gulf to Bay Boulevard),
The project requires a drainage and utility easement across this parcel in order to complete the
planned improvements.
· A portion of the City-owned creek embankment abutting the northerly boundary of the Grand Prix
parcel is improved with a driveway encroachment that is utilized for ingress and egress by Grand Prix
Car Wash employees and patrons.
· In exchange for the right to continue to use the existing driveway over the City-owned parcel, and for
any other purpose consistent with the City Code as now adopted or as it may be amended, Grand
Prix, Ltd. has granted the City a 50 foot wide Drainage and Utility Easement which will facilitate
completion of the Allen's Creek Gabion Project as planned,
· The City will reserve the west 6 feet of the easement to Grand Prix for drainage and utility purposes,
· The benefits to each party from the exchange of easements are deemed to be of comparable val ue
and therefore comply with Section 2.01 (d)(5)(iv) of the City Charter that governs the proposed
exchange of easements,
Reviewed by: Originating Dept:
Legal f22- Info Srvc ~. Public Works
Budget NA Public Works User Dept.
Purchasing NA DCM/ACM
Risk Mgmt NA Other NA Attachments
Funding Source:
CI
OP
Other
Costs NA
Total
Current FY
Submitted by: [Xl
City Manager
Q Printed on recycled paper GRAND PRIX XCHG AGN, ewb1199
None
A ro riation Code:
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50' Drainage &- Uti/lity Easement To City
CITY OF CLEARWATER. FLORIDA
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Prepared by & retum to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
AGREEMENT TO EXCHANGE EASEMENTS
BY AND BETWEEN the CITY OF CLEARWATER, FLORIDA, a municipal
corporation ("City"), and GRAND PRIX, L TO., a Florida limited partnership
("Grand Prix"), collectively, lithe parties".
WITNESSETH
WHEREAS, the parties are desirous of having certain limited rights to use for
their respective purposes portions of each others real property lying and being
situate in the Southwest % of the Northwest ~ of Section 13, Township 29
South, Range 15 East, commonly identified as Tax Parcel No. 13-29-15-00000-
230-0900 (City parcel) and Tax Parcel No. 13-29-15-00000-230-0600 (Grand
Prix parcel); and,
WHEREAS, the parties agree to define such limited rights and document the
grant and exchange of such rights with each other;
NOW, THEREFORE, it is mutually agreed by and between the parties that the
property rights each grants to the other which shall encumber their respective
parcel are hereafter specifically defined, granted and exchanged in the following
conveying instruments which are attached hereto and made a part hereof:
EXHIBIT IIAn: EASEMENT from the City to Grand Prix encumbering
City parcel; and,
EXHIBIT liB": DRAINAGE & UTILITY EASEMENT from Grand Prix
To the City encumbering Grand Prix parcel.
IN WITNESS WHEREOF, the parties have placed their hands and seals hereto
this day of , 1999.
'\;;:
Page 2 - Agreement to
Exchange Easements
By: Grand Prix, Ltd. &
City of Clearwater
GRAND PRIX, LTD., a Florida
Limited partnership
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wry 55 signature n
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Print W tness name
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Print Witness Name
By: GRAND PRIX CORPORATION,
a Florida corporation
By: /' ...f) .1..-- .<I~~- .
Paul L. Hunter, President
STATE OF FLORIDA
: 5S
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this day of
, 1999 by Paul L. Hunter, as President of Grand Prix
Corporation, a Florida corporation, general partner of Grand Prix. Ltd., a Florida limIted
partnership, as duly authorized by and on behalf of said corporation and said limited
partnership, for the uses and purposes therein described.
]~~~~~b~
Print Name l't. I~ A Y 1< RUE G- ~ R.
OFFJC 'AR't SEA
N KAY KRUEGf:I~
NOTARY rUDUCSTATEOF FLORIDA
<:OMMISSION NO. CC.:;77!'-6S
M"l"OMMtsSION DCf'. AUG. 15.1000
[ 0ersonally known
[ ] Produced Identification
Type of Identification Produced
Page 3 - Agreement to
Exchange Easements
By: Grand Prix, Ltd. &
City of Clearwater
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J, Aungst, Mayor-Commissioner
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA:
: 5S
COUNTY OF PINELLAS
BEFORE ME. the undersigned, personally appeared Brian J. Aungst, the
Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed for the
use and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this _ day of
,1999.
Notary Public - State of Florida
WITN ESS my hand and official seal this
day of
,1999.
Print Name
STATE OF FLORIDA:
: 55
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Michael J. Roberto, the
City Manager of the City of Clearwater, Florida, who executed the foregoing instrument
and acknowledged the execution thereof to be his free act and deed for the use and
purposes herein set forth, and who is personally known to me.
Notary Public - State of Florida
Print Name
Approved as to form:
John Carassas, Assistant City Attorney
Agree Xchange Eas 099gewb.doc
EXHIBIT" A"
Prepnd tw:
EIIt 8ImI
Engineer'.1Q 0epeltmIft
cay of CIearwIItw
P. O. Bo:lc4748
CIeaIwaW, Fl33758.ofl48
EASEMENT
Tax Parcel No. 13.29-1S-00000.230-0900
FOR AND IN CONSIDERATIO(\j of the sum of One Dollar ($1,00) in hand
paid to it, the receipt of which is hereby acknowledged, and the benefits to be
derived therefrom, the
City of Clearwater, Florida, a municipal corporation
P. O. Box 4748
Clearwater, Florida 337584748
Containing 1621.74 square feet, more or less.
Does hereby grant and convey to Grand Prix, Ltd., a Florida limited
partnership, an easement over, under and across the following described land
lying and being situate in the County of Pinellas, State of Florida, to wit:
Part of the Southwest 11. of the Northwest Y. of Section 13,
Township 29 South, Range 15 East, situated in Pinellas
County, Florida, being more particularly described as follows:
Begin at the Southwest corner of Lot 5, Block A, Unit "0" of
SKYCREST SUBDIVISION, as recorded in Plat Book 2B, Page
52, in the Public Records of Pinellas County, Florid~; thence
run North 89022'53" West, 27.50 feet to a POINT OF
BEGINNING; thence continue North 89022'53" West, 16.66 feet;
thence North 02013'36" East, 129.97 feet; thence run South
89022'53" East, 8.31 feet to a point 25.50 feet west of the
northwest comer of said lot 5, thence run South 01027'18"
East, 130.00 feet to the POINT OF BEGINNING.
This easement is given for the uses and purposes of Grantee, its successors
and assigns, as such uses and purposes shall be consistent with the City of
Clearwater Community Development Code rCode-) lias adopted' January 21,
1999, and as amended from time to time thereafter,
Cynthia E, Goudeau, City Clerk
Any improvements existing within the easement premises as the date hereof,
specifically, a portion of Grantee's concrete driveway and swale, and any future
improvements as may hereafter be erected in compliance with the Code, shall
not be considered encroachments upon the lands of the Grantor.
The west six feet (6') of the easement premises is explicitly reserved to the use
of the Grantor for the purposes of maintaining Its abutting drainage and utility
facilities, No additional improvements may be construded by Grantee, its
successors or assigns, within this portion of the easement premises,
Other than the rights specifically reserved by Grantor, Grantee shall have the
right to enter upon the above described premises and to construct, install,
inspect and maintain and alter from time to time Grantee's permitted
improvements.
It is expressly understood that Grantor reserves unto itself all rights of ownership
of the easement premises not inconsistent with the easement rights granted
herein,
This easement is binding upon the Grantor, the Grantee, their respective
successors and assigns. The rights herein granted are perpetual and
irrevocable except by the written mutual agreement of both parties, or by
abandonment of the easement premises by Grantee.
IN WITNESS WHEREOF, the Grantor has caused this easement to be executed
in its name by its undersigned duly authorized officers this day of
,1999.
Countersigned:
crrv OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor Commissioner
By: w
Michael J. Roberto, City Manager
Attest:
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WITNESS my hand and official seal this
1999,
day of
STATE OF FLORIDA
.
.
: ss
COUNTY OF PINELLAS :
BEFORE ME. the undersigned, personally appeared Brian J, Aungst, the
Mayor-Commissioner of the City of Clearwater, Florida, who executed the
foregoing instrument and acknowledged the execution thereof to be his free act
and deed or the use and purposes herein set forth, and who is personally known
tome,
Notary Public - State of Florida
Type/Print Name
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS :
BEFORE ME. the undersigned, personally appeared Michael J. Roberto,
the City Manager of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof to be his free act and deed
for the use and purposes herein set forth, and who is personally known to me.
Notary Public - State of Florida
TypelPrint Name
Approved as to form:
John Carassas. Assistant City Attorney
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EXHIBIT "8"
-
Prepared by &. return to:
Earl Barrell
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater. Fl. 32756-4748
DRAINAGE & UTILITY EASE~tENT
Tax Parcel No, 13-29-15-00000-230-0600
FOR AND IN CONSIDER~TION of the sum of On~ DoHar ($1.00) in hand paid to it. the
receipt of which is hereby acknowledged. and the benefits to be dcri\'ed therefrom.
Crand Prix, Ltd., a Florida Limited Partnership
3711-:\ \Vest Grace Street
Tampa, Florida 33607
does hereby grant and con\'e~ to the CITY OF CLEAR\\'A TER. FLORIDA, a Florida
Municipal Corporation. an easement over. under and across the follo\\ mg d~scribed land lying and
being situate in the County of PinelJas. State of FloridJ. to ",it:
The 'Vest Fift,- Feet (SO') of that part of the S\\"/'" of the !':\\"/." of Section 13-29-15 described
as follows:
Begin 50 ft. North and 30 ft, 'Vest of the S\\' corner of the SE'/'" of the J\\\-'~ of said Section
13-29-15, run thence N, 150 ft" \V, 358 ft., S. 150 fl.. East 358 ft., to the POB
LESS the E. 286.5 f1. thereof and LESS Tract I, SK\'CREST Sl'BDJ\'ISION, Unit C, as
recorded in Plat Book 28, Page 30, Pinellas County, Florida ("easement premises").
This easement is for drainage and utilit~ installJtion Jnd mJtnl~nJnC~
The CITY OF CLEAR\\'A TER, FLORIDA. shall ha\'l.: the right to enta upon the easement
premises and to construct. install and maint~in thl.:r~Oll Jn~ dr~lI1~gl.: and utility facllitics and to
inspect and alter such drainage and utliit~ facilities from tIIn~ to tlm.:
Grantee warrants and covcnants with Grantor that the portion of thl.: ~asement premises lying east
of the gabion wall to be constructed by Grantcl: according to plans and spt.:cificatlOns for the
Arcturas Pond Gabion Project (Project No. 99-0039-EN) shall be lIs~d b~ Grantee. its employees.
contractors and invitccs solely for temporary access to construct. m:lIlltain and, replace thl; project
improvcments. if required. Grantor shall have reasonable unimped~d ingress and egress over the
refcrenced access and construction portion of the casement premises at all times during
construction, maintenance or futurc replacement of the project improvements. Grantee, at its soJe
cost and expense. upon compJetion of each and every cxercise of rights granted herein. shaH restore
said portion of the easement premises to equal or better condition as exists upon the date of this
easement grant. including any concrete driveway paving impacted by Grantee' s activities.
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It is expressly understood that Grantor reserves unto itself all rights of 0\\11Crship of the easement
premises not inconsistent with the easement rights grantcd herein.
This easement is binding upon the Grantor, the Grantee. their resp~ctive successors and assigns.
The rights herein granted are perpetual and irrevocable except by th~ written mutual agreement of
both parties, or by abandonment of the casement premises by Gran(c.:~
IN WITNESS WHEREOF, the undersigned grantors have caus~d these presents to be duly
executed this b day of 0 ~~h~ , 1999.
Signed. sealed and delivered
in the presence of
GRAND PRIX, Ltd"
a Florida limited partnership
B\: CR.-\ND PRIX CORPORATION,
a Florida Corporation
B,.: ~ --f 2-~6 -
Paul L. Hunter. Pr~sidcnt.
S~cr~tary and Tr"::lsurcr
STATE OF FLORIDA
: 5S
COUNT\' OF HILLSBOROUGH : -a:.-
e foregoing instrument \\'a~ acknowledged b(:forc me this ~ day of
. 1999 by Paul L. Hunt~r. President. Sccrcl3r:- 8:. Treasurer of Grand Prix
orporation. a Florida corporation. general partner of Grand Pn:x. Ltd.. a Florida limited
partnership, as duly authorized by and on behalf of s:1id corporal Ion :md limited partnership. for
the uses and purposes therein described.
OFfJClAL N ARY SEAl.
N KAY KRUEGER
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO. CCSn56S
MY COMMJSSION EXP. AUG. 15.2000
(s.:al !'Iamp)
~ KAY-K:RlffiOER
[ ~ Pers~nally Known
[ ] Produced Identification
Type of Identification Produced
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EXHIBIT "A"
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NORTH
Scale '.==50'
50' Drainage d' Utl/lfty Easement
I
...ekB
23/07
GULF-TO-BAY BLVD.
(S.R. 60)
crrY or ClZARY1TER. FLORIDA
PUBLIC WORKS ADWlNlSTRATtON
IJfGINEERING
14~7
oa/'J!~
07/27ltG
D.Kng
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Clearwater City COlTIlnission
Agenda Cover MelnorandlllTI
Work session Item #:
Final A~enda Item #
J3
Meetin~ Date: 11/18/99
SUBJECT/RECOMMENDATION: Approve ~l\vard of the North Beach Reclaimed Water Distribution
System (99-0071-UT) to Westra Construction Corporation of Palmetto, FI in the amount of $2,410,175.00,
which is the lowest responsible bid received in accordance with plans and specifications,
1KI and that the appropriate officials be authorized to execute same.
SUMMARY:
· This item is a continuation of the development of an expanded reclaimed water system in the City of Clearwater. The
purpose of this contract is to construct a reclaimed water system expansion in the North Cleanvater Beach area to serve
the residents and businesses with reclaimed water for non-potable use. The project consists of approximately 10,000
linear feet of 12" transmission pipeline, and approximately 33,700 linear feet of 8", 6" and 4" distribution pipeline. The
construction contract time is 270 days.
o This project is being funded in part by a grant from the Southwest Florida Water l\1anagement District. The Cooperative
Funding Agreement between the City and the Water Management District includes reimbursement of 50% of the cost of
transmission facilities up to a maximum of $350,000.00. The City is funding the balance of project costs of
$2,060,175.00 fi.om WaterlSewerlReclaimed Water Revenues, in Capital Project 96739, Reclaimed Water Distribution
System. This project is within the Engineer's estimate of$2,700,000.00.
Current FY
Funding Source:
CI
OP
Other
· The distribution pipeline construction on this project will be installed by the directional drill technique. This is being done
to minimize the impact of construction on the residents in the project area.
· This project is consistent with the City ofCleaIWater's Updated Reclaimed Water Tvfaster Plan.
Reviewed by:
Legal ~
Budget -w-
Purchasing A
Risk Mgrnt 'N/A
Info Srvc N/A
Public Works ~
DCM/ACM - ~
Other N/A
Originating Dept: 4:/ r}
Public Works Adrflinistra{fon
User Dept.
Public Works Administration
Costs $2,410,175.00
Total
Attachments
Submitted by:
City Manager 1$i,ta ~
~ None
Appropriation Code:
315 -96 7 3 9 -56 38 0 0 -5 33 .{l00
Printed on recycled paper
Rev. 2/98 North Beach Reclaimed Water, McKim & Creed
..4
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Clear\vater City COl111nission
Agenda Cover MelTIOrandum
Worksession Item #:
~o
Final Aqenda Item #
M eetinq Date:
Nov. 18, 1999
SUBJECT/RECOM M ENDA TION:
Approve the cooperative fundinQ aoreement with the Southwest Florida Water Manaoement
District. on behalf of the Pinellas-Anclote River Basin Board. for a total amount not to exceed
$3.105.000. to desion and construct the Town Pond Stormwater Retrofit Proiect over a period
of three fiscal years, ending on June 3D, 2003;
[&J and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City Commission approved development of the Tow n Pond Project in December 1998.
o On October 20, 1 999, the Pinellas-Anclote River Basin Board of the Southwest Florida Water
Management District approved recommendation of District Staff to approve an agreement
with the City of Clearwater to fund the design and construction of the Town Pond Project.
· The District shall reimburse the City 50% of the project design and construction costs up to
an amount not to exceed $3,105,000 over a three fiscal year period.
· To enter into this agreement at this time does not obligate the City to the expenditure of
additional funds beyond those approved in December 1998 for the design of the Tow n Pond
Project. Furthermore, to enter into this agreement at this time also does not obligate the City
to construct the project. Endorsement of the agreement allows only for reimbursement by
the District, the costs incLJrred by the City and reimbursable under the agreement after
construction of the project has commenced.
· Over the past three fiscal years, the City has received a funding commitment from the state
for approximately $4,927.485 to fund reclaimed water and stormwater projects.
· Funding for the Town Pond Project was anticipated in the 1998 Utility Rate Study and is
included in the six year Capital Improvement Program budget.
Reviewed by:
Legal ~ Info Srvc a.
Budget ~ Public Works
Purchasing ~ DCM/ACM
Risk Mgmt N/A other
Originating Dept:
Engineering
User Dept.
Costs
Total NfA _
Attachmen 5
Funding Source:
Current FY CI
OP
other
Submitted by:
City Manager
Printed on recycled paper
~
o None
A
Rev, 2/98
j " . ',,', ' ' . , , " " , , ,,' . , ~. " , ' '. . , t, I I . ',' 1 "',; "" t' . \ \
"f'
rwt'
Ronald C, JohnSOll
Chair. Lake Wales
Urena Menendez
Vice Chair. Tampa
Sally ThompSOll
Secretary. Tampa
Ronnie E. DulKan
Treasurer. Safety Harbor
Monroe "AI" Coogter
Lecanto
Joe L Davis, Jr,
Wauchula
Rebecca M. Eger
Sarasota
John P. Harnett, IV
Bradenton
Watson L Haynes, II
St. Petersburg
John K. Renke, III
New Port Richey
Pamela Stlnnett.Taylor
Tampa
E, D. "Sonny" Vergara
Executive Director
Gene It. Heath
Assistant Executive Director
I:dw III'd 8, Helvenston
General Counsel
Protecting '(gyr
Water Resources
Southwest Florida
Water Management District
~~_. --~~
Tampa Service omce
7601 Highway 301 North
Tampa. Aorida 33637-6759
(813) 985-7481 or
1-800-B36-0797 (Ft only)
SUNCOM 578-2070
Bartow Service Omce
170 Century Boulevard
Bartow, Aorida 3383Q..77DO
(941) 534.1448 or
1-80Q..492.7862 (Ft only)
SUNCOM 572-6200
October 20, 1999
Thomas Miller
Assistant Director of Engineering/PD&E
City of Clearwater
Public Works Administration
100 South Myrtle Avenue, Suite 220
Clearwater, Florida 33756-5520
Subject: Clearwater Town Pond Project
Dear Tom:
2379 Broad Slreel, Brooksvllle, Aorlda 34609-6iJ.- 0
(352) 796-7211 or 1-800-423-1476 (Fl only)
SUNCOM 628-4150 TOO only 1-800-231~103 (Fl only)
World Wide Web: http://www.swfwmd.state.fl.u5
Venice Service omce
115 Corporation Way
Venice. Aorida 34292,3524
(941) 486-1212 or
1-80o-32Q..3503 (Ft only)
SUNCOM 526-6900
Lecanto Service Of'ftce
3600 West Sovereign Path
SuIte 226
Lecanto. Aorida 34461-8070
(352) 527-8131
SUNCOM 667.3271
rDJ m @ m 0 Wi m fnli
I1IJ OCT 2 2 $9 ~
CHY Of CLEAR"JrER
PUBLIC WORKS ADMIN PST RATION
Enclosed for execution by the city are two originals of the cooperative
agreement for the subject project. Please have both originals executed by the
city and then return them to me for execution by the District.
Please call me at (813) 985-7481, extension 2212, if you have any questions.
Sincerely,
Michael L. Holtkamp,
Sr. Professional Engineer
Surface Water Improvement and
Management (SWIM) Section
enclosures
cc: K393 Project File
tm102099 agree_trans.wpd
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AGREEMENT NO.
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEAR WATER
FOR
THE CLEARWATER TOWN POND PROJECT (K393)
THIS COOPERATIVE FUNDING AGREEMENT entered into and effective as of the 1 st day of January
1999 by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34609-6899,
for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as
the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida,
whose address Post Office Box 4748 Clearwater, Florida 33758-4748, hereinafter referred to as the
"CITY,"
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the
DISTRlCT's cooperative funding program; and
WHEREAS, the project consists of the preliminary and final design, environmental permitting, and
construction of a four (4) acre stormwater treatment facility in downto\VI1 Clearwater, hereinafter referred
to as the "PROJECT"; and
WHEREAS, the PROJECT will provide storrnwater treatment for an area of downtown approximately 200
acres in size as the area redevelops; and
WHEREAS. the DISTRlCT considers the PROJECT worthwhile and desires to assist the CITY in funding
the PROJECT.
NO\\', THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and
conditions set forth herein, agree as follows:
1. PROJECT MANAGER AND NOTICES, Each party hereby designates the employee set fOIth below
as its respective Project f\1anager. Project Managers shall assist with PROJECT coordination and
shall be the party's prime contact person. Notices or reports shall be sent to the attention of the
parties' Project Manager by V,S. mail, postage paid, to the parties' addresses as set forth below:
Project Manager for the DISTRICT:
Michael L. Holtkamp, p, E.
Southwest Florida Water Management District
7601 U, S, Highway 301 North
Tampa, Florida 33637
Project Manager for the CITY:
Daniel R. Mayer
City of Clearwater
Public Works Administration
100 S, Myrtle Avenue
Clearwater, Florida 33756-5520
Page 10f5
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1.1 The DISTRICTs Project Manager is hereby authorized to approve requests to extend a
PROJECT task deadline set forth in this Agreement. Such approval shall be in writing,
shall explain the reason for the extension and shall be signed by the Project Manager and
hislhcr Department Director, or Deputy Executive Director if the Department Director is
the Project tv1anager. The DISTRICT's Project Manager is not authorized to approve any
time extension which will result in an increased cost to the DISTRICT or any time
extension which will likely delay the final PROJECT task deadline.
2, SCOPE OF WORK. Upon receipt ofwritten notice to proceed from the DISTRICT, the CITY shall
perform the services necessary to complete the PROJECT in accordance with the Special Project
Terms and Conditions set forth in Exhibit "A" and the CITY's Proposed Project Plan set forth in
Exhibit "B," both attached hereto and incorporated herein. Any changes to the Proposed Project Plan
and associated costs shall be mutually agreed to in a formal written amendment prior to being
perfonned by the CITY. The CITY shall be solely responsible for managing the PROJECT,
including the hiring and supervising of any consultants or contractors it engages under this
Agreement.
3, FUNDING. The parties anticipate that the total cost of the PROJECT will be Six Million Two
Hundred Ten Thousand Dollars ($6,210,000). The DISTRICT agrees to fund 50 percent of the
PROJECT costs up to Three iv1illion One Hundred Five Thousand Dollars ($3,105,000) and shall
have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund 50
percent of the PROJECT costs up to Three Million One Hundred Five Thousand Dollars
($3,] 05,000) and shall be responsible for all costs in excess of the anticipated total PROJECT cost.
The CITY shall be the lead party to this Agreement and shall pay PROJECT costs prior to requesting
reimbursement from the DISTRICT.
3.1 The DISTRICT shall reimburse the CITY for its share of PROJECT costs in accordance with
the Estimated Project Costs set forth in Exhibit "B." The CITY shall contract with consultants
or contractors in accordance with the Special Project Terms and Conditions set forth in Exhibit
"A." Upon DISTRICT approval, the budget amounts for the work set forth in such contract(s)
shall refine the amounts set forth in the Estimated Project Costs and shall be incorporated
herein by reference. The DISTRICT shall reimburse the CITY for 500/0 of each DISTRICT-
approved invoice received from the CITY, but at no point in time shall the DISTRICT's
expenditure amount under this Agreement exceed such expenditures made by the CITY,
Payment shall be made to the CITY within thirty (30) days of receipt of an invoice, with the
appropriate support documentation, which shall be submitted to the DISTRICT on a monthly
basis at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The CITY hereby recognizes and agrees that DISTRICT funding of the PROJECT will be over
three (3) Fiscal Years, FY2000, FY2001 and FY2002, and is conditioned upon the inclusion,
Page 2 of 5
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funding, and approval of the PROJECT in the DISTRICT's annual budgets. The DISTRICT
has approved $280,000 in FY2000 for the PROJECT and the remaining funds. up to the
DISTRICT's funding commitment, are anticipated to be available in the amount ofS 1 ,412,500
in FY2001 and $1,412,500 in FY2002. If DISTRICT funding in the future Fiscal Years does
not occur) the CITY shall be responsible for all funding necessary to complete the PROJECT.
3,3 The CITY shall not use any DISTRICT funds for any purposes not specifically identified in
the Proposed Project Plan,
3.4 The DISTRICT shall have no obligation to reimburse the CITY for any costs under this
Agreement until construction of the PROJECT has commenced,
4, CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and shall
remain in effect until June 30, 2003, unless terminated or extended in writing by mutual written
agreement of the parties.
5, PROJECT RECORDS AND DOCUMENTS. Each party shall, upon request, permit the other party
to examine or audit all PROJECT related records and documents during or following completion of
the PROJECT. Each party shall maintain all such records and documents for at least three (3) years
following completion of the PROJECT. All records and documents generated or receiyed by either
party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, Florida
Statutes,
6. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models, studies,
maps or other documents resulting from the PROJECT.
7. LIABILITY. Each party hereto agrees that it shal1be solely responsible for the negligent acts or
omissions of its officers, employees, contractors and agents; however, nothing contained herein shall
constitute a waiver by either party of its sovereign immunity or the limitations set forth in Section
768.28, Florida Statutes.
8. DEFAULT. Either party may terminate this Agreement upon the other party's default in complying
with any term or condition of this Agreement, as long as the terminating party is not in default of any
term or condition of this Agreement. To effect termination, the terminating party shall provide the
defaulting party with a written "Notice of Termination" stating its intent to terminate and describing
the term and/or condition with which the defaulting party has failed to comply. If the defaulting
party has not remedied its default within thirty (30) days after receiving the Notice of Termination,
this Agreement shall automatically terminate.
9. TERMINATION \VITHOUT CAUSE. This Agreement may be tenninated by the DISTRICT
without cause upon fifteen (15) days written notice to the CITY. Tennination shall be effective upon
the fifteenth (15th) day after the CITY's receipt of said notice, In the event of such tcnnination the
CITY shall be entitled to compensation for all services reasonably and properly incurred to the date
of termination.
Page 3 of 5
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10, RELEASE OF INFORMATION, The proties shall not initiate any verbal or written media
interviews or issue press releases on or about the PROJECT without providing advance copies to the
other party, This provision shall not be construed as preventing the parties from complying with the
public records disclosure laws set forth in Chapter 119, Florida Statutes,
II. DISTRICT RECOGNITION, The CITY shall recognize DISTRICT funding and, if applicable,
Basin Board funding in any reports, models, studies, maps or other documents resulting from this
Agreement, and the form of said recognition shall be subject to DISTRICT approval. Ifconstruction
is involved, the CITY shall provide signage at the PROJECT site that recognizes funding for this
PROJECT provided by the DISTRICT and, ifapplicable, the Basin Board(s). All signage must meet
with DISTRICT written approval as to form, content and location, and must be in accordance with
local sign ordinances,
12, PERl\lITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits and all real
property rights necessary to complete the PROJECT prior to commencing any construction involved
in the PROJECT. The DISTRICT shall have no obligation to reimburse the CITY for any costs
under this Agreement until the CITY has obtained such permits and rights,
13. LA \\1 COrvIPLIANCE, Each party shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines, relative to perfomlance under this Agreement.
14, COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design
services, the CITY's professional designers and DISTRICT regulation and projects staffshall meet
regularly during the PROJECT design to discuss ways of ensuring that the final design for the
proposed PROJECT will technically comply with all applicable DISTRICT rules and regulations.
15, DISADV ANT AGED BUSINESS ENTERPRISES. The DISTRICT expects the CITY to use good
faith efforts to ensure that disadvantaged business enterprises, which are qualified under either
federal or state law, have the maximum practicable opportunity to participate in contracting
opportunities under this project Agreement. Invoice documentation submitted to the DISTRICT
under this Agreement shall include information relating to the amount of expenditures made to
disadvantaged businesses by the CITY in relation to this Agreement, to the extent the CITY
. maintains such information,
16, ASSIGNMENT, N ei ther party may assign or transfer its rights or obligations under this Agreement,
including any operation or maintenance duties related to the PROJECT, without the written consent
of the other party.
17. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any
relationship between the DISTRICT and any subcontractor of the CITY.
18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
Page 4 of 5
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Brian], Aungst
Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Date
19, MODIFICATIONS, This Agreement constitutes the entire agreement between the parties and may
be amended only in writing, signed by all parties to this Agreement.
20, DOCUMENTS, The following documents are attached and made a part of this Agreement. In the
event of a conflict of contract tenninology, priority shall first be given to the language in the body
of this Agreement, then to Exhibit itA," and then to Exhibit "B,"
A, Exhibit "A"
B, Exhibit "B"
Special Project Terms and Conditions
CITY's Proposed Project Plan
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement on the day and year set forth next to their signatures below,
SOUTH
DISTRICT
Witness
By:
E. D.
ate
Federal ID#: 59-0965067
Countersigned:
CITY OF CLEARWATER
Approved as to fonn:
Attest:
Leslie K, Dougall-Sides
Assistant City Attorney
By:
Cynthia E. Goudeau, City Clerk
Date
Federal ID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEAR WATER
FOR
THE CLEARWATER TOWN POND PROJECT(KJ93)
Page 5 of5
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DEPUTY EXEC DIR
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AGREEMENT NO.
EXHIBIT "An
SPECIAL PROJECT TERMS AND CONDITIONS
1, PROJECT COORDINATION: The CITY shall keep the DISTRICT advised at all times during
the preliminary design, final design, permitting, and construction phases of the PROJECT. The
CITY shall provide the DISTRICT's Project Manager with advance notice of all PROJECT
meetings with the consultants, regulatory agencies, and contractors and shall copy the DISTRICT's
Project Manager on all pertinent PROJECT -related correspondence,
2. QUARTERL Y REPORTS: The CITY shall submit written quarterly status rep<>rts to the
DISTRICT's Project Manager on January 1, Aprill, July 1, and October 1 of each year throughout
the term ofthe Agreement. Status reports shall provide a summary of significant acth-ities and/or
PROJECT milestones occurring during the preceding quarter, and shaUlist projected significant
activities and/or PROJECT milestones anticipated to occur during the upcoming quarter, If the
PROJECT has fallen behind schedule, the CITY shall indicate how lost time will be made up in
order to adhere to the time frames and deadlines imposed under the agreement and these Special
Project Terms and Conditions.
3. CONTRACTING \VITH CONSULTANT: The CITY shall be responsible for engaging the
services ofan engineering consulting fim1(s) to provide the necessary engineering design services
for the PROJECT improvements. The CITY shall have the sole authority in directing the
CONSULTANT's work efforts with regard to the PROJECT, but shall keep the DISTRICT's
Project Manager informed on all PROJECT related matters. It is acknowledged by the DISTRICT
that the COUNTY has retained the services of Camp, Dresser & McKee for the design and
permitting of the PROJECT improvements. Further, it is acknowledged that work on the
preliminary design of the PROJECT improvements began in FY99 prior to the execution of this
Agreement. Funds expended by the CITY for engineering services during FY99 shall be
reimbursable under this Agreement.
4. DISTRICT APPROVALS: The DISTRICT shall be provided with copies of all work products
(e.g., Design Reports, 30%,600/0, and 90% submittals, etc.) for review and comment. Work shall
not resume on the PROJECT until the DISTRICT's review comments have been satisfactorily
addressed and the DISTRICT's Project Manager has provided written approval to proceed with the
next phase of the PROJECT, DISTRICT review comments and/or approvals shall be made in a
timely and reasonable manner so as not to compromise the ability of the CITY to meet the
deadlines imposed by this Agreement. Upon completion and final acceptance of the detailed
construction plans, technical specifications, and contract documents by the DISTRICT and CITY,
if requested, the CITY shall furnish the DISTR1CT with a complete set of mylar reproducible
drawings and/or digital copies of the construction plans and constnlction documents.
5, APPROV AL OF CONSTRUCTION DOCUMENTS: The CITY shall obtain the DISTRICT's
written approval of the construction documents prior to the construction contract being advertised
or otherwise solicited, The DISTRICT shall not unreasonably withhold such approval. The
Erhibil "A " - Page 1 of 2
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DISTRICTs approval of the construction documents does not constitute a representation or
warranty that the DISTRlCT has verified the architectural, engineering, mechanical, electrical, or
other components of the construction documents, or that such documents are in compliance with
DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The
DISTRICTs approval shall not constitute a waiver of the CITY's obligation to assure that the
design professional performs according to the standards ofhislher profession.
6, CONTRACTING WITH CONTRACTOR: The CITY shall engage the services ofa contractor(s),
hereinafter referred to as the "CONTRACTOR," to construct the PROJECT improvements in
accordance with the DISTRICT~approved final design and construction documents. The CITY
shall be responsible for administering the contract with the CONTRACTOR..
7. CONTRACT ADMINISTRATION: The CITY shall be solely responsible for all contract
administration and shall perform all necessary construction management services to ensure the
PROJECT is constructed in accordance with the approved final design and in conformance with
all environmental permits issued for the PROJECT. These services shall include, but are not
limited to: construction advertisement, recei pt and evaluation of bids, contract award, establishment
of construction survey control, on-site construction inspection and supervision, preparation of
as-built Record drawings, and the submittal of all required permit certifications upon the
completion of construction. DISTRICT staff may participate with CITY staff in site inspections
during the construction phase. The contract between the CITY and the CONTRACTOR shall
require a Performance, Payment and Guarantee Bond and the CONTRACTOR's comprehensive
liability insurance shall name the CITY as an additional insured.
8. PROJECT SCHEDULE: The CITY shall complete the final design and preparation of construction
documents for the PROJECT improvements by December 3 1, 2000. The CITY shall complete the
construction of the project on or before December 31, 2001. However, in the event of any
national, state or local emergency which significantly affects the CITY's ability to perform, such
as hurricanes, tOlnados, floods, acts of God, acts of war, or other such catastrophes, or other
man-made emergencies beyond the control of the CITY such as labor strikes or riots, then the
CITY1s obligation to complete said work within aforementioned time frames shall be suspended
for the period of time the condition continues to exist.
9, OPERATION AND MAINTENANCE: Upon final acceptance of the completed PROJECT
improvements by the CITY and DISTRICT, the CITY shall perpetually perform the necessary
operation and maintenance on the completed PROJECT improvements in strict accordance with
the CONS UL T ANT's recommendation to ensure the proper hydraulic operation ofthe PROJECT,
and to conform to all general and specific conditions contained in the Environmental Resource
Permit issued for the PROJECT,
Exhibit "A" - Page 2 of 2
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AGREEMENT NO.
EXHIBIT "B"
PROPOSED PROJECT PLAN
THE CLEARWATER TOWN POND PROJECT
Project Purpose:
The project proposes to construct a 4 acre storm water retention and treatment facility in within the Turner
Street Outfall sub-basin in downtown Clearwater. The City currently operates a small retention pond at
the proposed site which is undersized for retention purposes and provides no treatment of the stonnwater
flows which discharge to Clearwater Harbor (an Outstanding Florida Waterbody and State Aquatic
Preserve). The project will expand the existing pond from 1.5 to 4 acres (surface area) and employ a
treatment-train concept for the removal of pollutants, sediments and debris, The facility will be constructed
to provide water quality treatment credits for a total watershed area of approximately 400 acres. The
facility will actually receive direct drainage from approximately 115 acres during common storm events.
The project is currently scheduled to take approximately 30 months from the beginning of design through
post-construction monitoring. The construction of this facility, along with recent updates in the City's land
deve lopment code, will improve stormwater treatment and encourage the reduction of impervious surface
area within a highly urbanized watershed which is largely exempt from state stormwater regulations. The
proposed facility will be constructed entirely within the City of Clearwater and within a small coastal basin
located north of Belleair Creek and south of Stevenson Creek.
Project Objectives:
The project objective is to provide a single treatment facility for several hundred acres of urbanized
watershed which drains to Clearwater Harbor, This strategy will coordinate land acquisition and the
construction ofa single treatment facility to remediate non-point sources of pollution over a broad area and
resolve minor flooding problems, DO\\11town Clearwater is a highly urbanized coastal watershed draining
to the intra-coastal waterway/Clearwater Harbor. Most of the downtown area, which is highly impervious,
was developed prior to the implementation of stormwater regulation and therefore exempt from current
treatment requirements, Current land uses include high volume roadways (S,R. 60), auto repair operations,
auto salvage, parking lots, commercial/retail development and some light industrial. Water quality
monitoring and sediment analysis by the City of Clearwater has revealed relatively high discharges of
nitrogen to Clearwater Harbor and accumulations of herbicides, pesticides and heavy metals in sediments
within the existing retention pond and at the outfall structure into Clearwater Harbor. The proposed
facility will use advanced Best Management Practices (BMP' s) to provide treatment in thi s watershed and
encourage redevelopment of this highly impervious landscape under an aggressive land development code
which encourages increased green areas and reduced impervious area.
Demonstration of Need:
The project will reduce total nutrient and pollution loads discharging to Clearwater Harbor (an Outstanding
Florida Waterbody and State Aquatic Preserve) through the development of a regional stormwater facility
Exhibit "B" - Page I of 3
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serving a highly impervious, urban watershed, The project will use a design concept which employs
multiple treatment methods including sediment and debris traps, biological treatment, enhanced circulation
and prolonged residence times, littoral shelf, deep pool (12-16 feet) reuse of stormwater for irrigation of
lawns and landscaping and event based chemical injection treatment systems, Creation of a regional
stonnwater facility will allow redevelopment of impervious parcels to encourage the creation of green
areas and trees without compromising treatment of stormwater, Regional retention will streamline permit
compliance and enforcement efforts by reducing the number of permits and accountable entities, The
project will decrease total sediment load and sediment bound pollutant loads to Clearwater Harbor, The
pond will provide a measure of increased flood protection and resolve existing, minor flooding problems,
The project is located within a Federal and State designated Brownfields Area and will result in the
remediation of any soil/sediment contamination existing over a 3-5 acre area thereby reducing the potential
of further groundwater and surface water contamination.
Measurable Benefits:
The FY 2000 request will be used to complete the project design, pre-constnlction monitoring and
initiation of construction activities, The overall project will be phased over 3 years with the 1 st year being
for design and monitoring and the 2nd & 3rd years being for construction and monitoring activities. Design
of the project will be critical for the development of an effective treatment system which will optimize
treatment potential and reduction of pollution loads. Implementation ofa regional stormwater facility will
also improve compliance with, and enforcement of, stormwater permits by reducing the total number of
permits issued and the number of entities held accountable without a reduction in the level of stormwater
treatment.
Estimated Project Costs:
Component Total City of Clearwater DISTRICT
Land Acquisition $2,100,000 $2,100,000 $0
Site Remediation $1,640,000 $1,640,000 $0
Project Design $560,000 $280,000 $280,000
Construction $5,650,000 $2,825,000 $2,825,000
Monitoring ~ ---.$50.000 $Q
Totals $10,000,000 $6,895,000 $3,105,000.*
.* The total amount of cooperative funds identified above ($3,105,000) will be requested over the 3
year periodfrom FY 2000 through FY 2002 as/ollows:
FY 2000
FY 2001
FY 2002
$280,000
$1,412,500
$1,412,500
Exhibit "8" - Page 2 of 3
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Implementation:
The design phase of the project will be prolonged in order to allow time for property acquisition and site
remediation activities. Preliminary design activities will include thorough surveying and model
development of the existing facility and storm-pipe network for use in evaluating design alternatives and
potential treatment technologies, The City has allocated the matching funds for this project over the next
several fiscal years (FY 1999 - FY 2002). The design of this project will be facilitated through a team
approach drawing upon the technical expertise of City engineering staff, District storrnwater and regulatory
staff, and an engineering consultant, Camp Dresser & McKee, The Phase I - Conceptual Design and Phase
II - Final Design and Pennitting, Scope of Services and Fees for Camp Dresser & McKee, are attached
hereto as Attachment 1,
Key Personnel:
Richard J Baier, P.E,
PublicW orks Administrator
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756-5520
(727) 562-4780
Tom Miller
Assistant Director of EngineeringlPD&E
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756-5520
(727) 562-4749
Mahshid Arasteh,P.E.
Director of Engineering
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756-5520
(727) 562-4757
Dan Mayer
Engineering Project Manager
City of Clearwater
100 South Myrtle Avenue, Suite 220
Clearwater, FL 33756-5520
(727) 562-4748
Exhibit "8" - Page 3 of 3
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ATTACHMENT 1
City of Clearwater
Stormwater Management Program
Town Pond Design And Implementation Project
Scope of Services
Project Understanding
The City of Clearwater (CITY) wishes to study, design and implement the rehabilitation of the Town
Pond, located at Pierce and Prospect Streets, to support a IIpermit free" zone for downtown
redevelopment and to provide water quality treatment for discharge of stormwater to the nearby St.
Joseph Sound, an Outstanding Florida Waters. The CITY has employed Camp Dresser & McKee Inc,
(CONSULTANT) to complete this project according to this scope of services, The project will consist
of two phases: Phase I is the preparation of a concept plan; and Phase II includes the development of
final design drawings and specifications, Tasks I-I through 1-6, and Task 1-17 will be started after the
Notice to Proceed is received, The rest of the Phase I tasks will be started after separate authorization
related to the environmental audits of acquired property associated with the Town Pond Project.
Phase I: Conceptual Design
Task 1-1 Kickoff Meeting
The CONSULTANT will meet with representatives of the CITY and other members of the Project Team
in a kickoff meeting to discuss the project plan, schedule and deliverables, and to obtain available
information pertinent to the Town Pond Project, The Project Team will consist of the CITY project
manager, a representative of the CITY engineering department, a representative from Southwest Florida
Water tvlanagement District (SWFWMD) and CONSULTANT project manager, Based upon the nature
of the meeting) other Project Team members may include representatives from other CITY departments
and representatives from the Tampa District Office of the Department of Environmental Protection
(FDEP). The CONSULTANT will provide a preliminary project schedule to be discussed during the
meeting.
Task 1-2 Progress Meetings
The CONSULTANT will meet with the CITY and Project Team approximately monthly to discuss the
status and progress of the Town Pond Project, The purpose of the meetings will be to discuss the status
of the project, consider the project schedule, address interim proj ect decisions and coordination issues,
and evaluate interim products. Up to 12 meetings have been budgeted,
Camp Dresser & McKee
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City of Clearwater
Stormwater Management Program
Town Pond Design And Implementation Project
Scope of Services
Task 1-3 Data Compilation and Evaluation
The CONSULTANT will compile and evaluate available data on the Town Pond basin from the CITY,
SWFWMD, and other sources for the purposes of this project. The CITY will provide to the
CONSUL T ANT existing maps, studies, existing and future land uses (built-out and redeveloped),
rainfall data (closest three hourly rain gages), pond discharge/elevation data and measurements,
stormwater facility maps and digital coverages. historical complaints from the public, known/observed
problem areas (both flooding and water quality), as-built construction docUlnents, stormwater
management studies, pennits, survey information, Federal Emergency Management Agency (FEMA)
Flood Insurance Study (FrS) and Flood Insurance Rate Maps (FIRMs), water quality data and other data
available to the CITY. The CITY will also provide GIS coverages (magnetic files and maps) to the
CONSUL T ANT including, if available, topography, soils, land uses, and other pertinent coverages. The
CONSUL T ANT will obtain from SWFWMD digital coverages pertinent to this watershed such as
topography and aerial photography.
The CONSULTANT will also review pertinent regulatory constraints related to local, regional
(SWFWMD), state and federal requirements on water quality and flood control. OfparticuJar interest
will be requirements for level of service (LOS) for flooding and water quality treatment. The CITY will
provide to the CONSULTANT the local LOS requirements for the basin. Unless othenvise defined, the
local LOS requirement for street flooding within the Town Pond basin will be the la-year, 24-hour
design storm event and the LOS for building flooding will be the 1 aD-year, 24-hour design storm event.
Based upon available infonnation, the CONSULTANT will prepare base maps of the Town Pond Basin,
including basin boundaries, stormwater structures and conveyances for the primary stormwater
management system (PSMS), outfalls, and locations of rainfall, flow/stage and water quality data
measurements. For the purposes of this project, the PSMS will consist of storm water conveyances with
equivalent diameter of 18 inches and larger.
For the data collected which were not obtained digitally from the CITY, the CONSULTANT will
prepare digital coverages of pertinent data collected including basin boundaries, major stormwater
facilities, existing and future land uses, and soils,
The CONSULTANT will visit the study area for observation of project infrastructure to evaluate survey
needs and existing maintenance conditions of the infrastructure, All structures will not be evaluated;
only significant structures in the judgement of the CONSULTANT will be visited, Evaluation of the
maintenance condition will include observations of maintenance concerns such as condition offences,
vegetative accumulation, sediments, erosion, etc,
The CONSULTANT will evaluate the available data for quality and adequacy to perform the subsequent
tasks, The CONSULTANT will produce a Data Assessment Technical Memorandmn summarizing the
compiled data as well as data needs.
Camp Dresser & McKee
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City of Clearwater
Stormwater Management Program
Town Pond Design And Implementation Project
Scope of SeNices
Task 1-4 Field Survey
Since the full scope of the survey needs will not be known until the completion of the survey plan, the
budget for this task is based upon estimates. If the survey plan can be completed within the estimated
budget, the CONSULTANT will complete the survey plan, If the survey plan cannot be completed
within the estimated budget, then the CONSULTANT will meet with the CITY to provide the additional
information using contingency funds, or through other sources. The survey data will be provided to the
CONSUL TANT in a mutually acceptable fonnat.
The CONSULTANT will implement the survey plan using a certified land surveyor, The
CONSULTANT will provide to the CITY field notes, photographs of the infrastructure, and collected
survey data, The data will also be provided to the CITY as a digital coverage in a mutually acceptable
electronic fornlat.
Task 1-5 Geotechnical Evaluations
The CONSULTANT will provide a geotechnical evaluation of the TO\\TI Pond site and parcels north and
northwest of the site, The CONSULTANT will provide twelve (12) exploratory borings to depths from
25 to 30 feet below existing grade in the areas of the acquired parcels, Town Pond parcel and existing
punlp station. Laboratory tests of soils will also be provided including grain-size analysis, Atterberg
limits determinations, and organic content on selected specimens. A geotec.hnical report will be
prepared providing logs of the borings, results of lab tests, discussion of subsurface soil and groundwater
conditions, estimated seasonal high water groundwater table, discussion of the suitability of evacuated
soils for use as fill, geotechnical evaluations of retaining wall design and pump station foundation design
and a discussion of groundwater management considerations.
Task 1-6 Preliminary Water Quantity and Quality Sampling
The CONSUL T ~l\JT will locate and collect rainfall, flow and elevation data to support the stormwater
system modeling (Task 1-7), The collection of these data will be with the use of a mixture of existing
CITY equipment and CDM equipment. Purchase or rental of additional equipment is beyond the scope
of services and can be authorized by the CITY in writing using continency funds,
The CONSULTANT will collect water quality samples from the Town Pond for the following
parameters: dissolved oxygen, biochemical oxygen demand (5-day), carbonaceous oxygen demand, total
suspended solids, total dissolved solids, ortho phosphorus, total phosphorus, ammonia nitrogen, total
Kjeldahl nitrogen, nitrate plus nitrite nitrogen, chlorophyll ~, secchi disk (if possible), lead, cadmium,
zinc, copper, oil & grease, hardness, temperature, pH, and conductivity. Samples will be collected at
the pump station using an autosampler which will periodically collect water samples and composite them
from the nearby influent pipe. The gage will collect rainfall, stage and velocity. The CONSULTANT
will install the equipment (including stilling well) and collection and laboratory analysis of the samples.
Samples will be collected by the CONSULTANT for three storm events (each must exceed 0.1 inch in
rainfall volume and will be at least 3 days apart).
Camp Dresser & McKee
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City of Clearwater
Stormwater Management Program
Town Pond Design And Implementation Project
Scope of Services
The CONSULTANT will analyze and discuss the water quantity and quality data collected in a letter
report to the CITY, The letter report will document the results and provide conclusions regarding the
quality of influent runoff to the Town Pond. This letter report will become chapter in the Conceptual
Design Report (see Task 1-11 below).
Task 1-7 Hydrologic and Hydraulic Modeling
The CONSUL T ANT will develop hydrologic and hydraulic models of the primary stormwater
management system (PSMS) for the Town Pond basin, For the purposes of this project the PSMS will
generally consist of the stormwater storage and conveyance system with equivalent diameter of 18
inches and above, Smaller diameter facilities may be added for the stormwater management system
upstream of the Town Pond at the discretion of the CONSULTANT, The purpose of the models will be
to evaluate existing and potential water quality treatment and flood control alternatives for the Town
Pond system.
The hydrologic and hydraulic models of the PSMS will be completed using MlKE-SWMM from the
Danish Hydraulics Institute and Camp Dresser & McKee Inc" which incorporates the Environmental
Protection Agency (EP A) Stonn Water Management Model (SWMM), Version 4.4, The
CONSUL T ANT will provide a preliminary model schematic showing the delineation of subbasins,
hydrologic load points, basin network nodes, linkages, and storage elements to the CITY for review prior
to completion of this subtask. After review and approval of the model schematic by the CITY, the
CONSULTANT will develop the datasets for SWMM with both existing and future (built-out) land use
conditions.
The CONS UL T ANT will develop the subbasin delineations, soils classifications, overland flow data,
and stage-storage infom1ation needed for MIKE-SWMM. The CONSULTANT will estimate the
directly connected impervious areas (DCIA) to be used in the model through determination of land use
percentages for up to ten land use categories by selective measurement of typical land use types. The
CONSULTANT will use the RUNOFF block ofMIKE-SWMM for the hydrologic simulations and the
EXTRAN block for hydraulics.
Using existing and new gaged and measured data and/or anecdotal infonnation, the CONSULTANT will
calibrate or validate the model simulation to two recent, historical stonn events, The choice of the storm
events will be mutually selected by the CITY and CONSULTANT.
The CONSULTANT will use the calibrated/validated model to simulate the l,O~ and 2,5-inch storm
event (duration to be detennined by rainfall analysis) and the 5-, 10-,25-, and 1 DO-year, 24-hour design
storm events for comparison to the LOS requirements. Results of the model simulations 'VIi II be
tabulated comparing measured elevations to model results denoting excursions from LOS requirements,
The CONSULTANT will review the model with the CITY,
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Stormwater Management Program
Town Pond Design And Implementation Project
Scope of Services
The CONSULTANT will provide the CITY with a working copy of MIKE-SWMM and SWMM
Version 4.4 along with digital copies of the model datasets pertinent to this subtask.
Task 1-8 Continuous Model Analysis
The CONSULTANT will use the calibrated hydrologic/hydraulic model to simulate a continuous, 30-
day rainfall period during the nonnal wet season within the Town Pond basin. TIus analysis will provide
preliminary information for the existing pond routing efficiency and for the water quality modeling. The
CONSULTANT will compare measured stage versus time at the water quantity gage to the simulated
stage versus time.
Task 1-9 Water Quality Model Development
The CONSULTANT will develop a water quality model of the Town Pond basin using the Camp
Dresser & McKee Inc. Watershed Management Model (WMM) which provides annual and seasonal
pollutant loads for the following pollutants: biochemical oxygen demand (S-day), carbonaceous oxygen
demand, total suspended solids, total dissolved solids, ortho phosphorus, total phosphorus, total Kjeldahl
nitrogen, nitrate plus nitrite nitrogen, lead, cadmium, zinc, and copper. The Town Pond basin will be
simulated as a sum of individual subbasins which will be similar to those used in the hydrologic model.
The CONSULTANT Vtill use wrvIM to estimate the total loading of the 12 pollutants within the Town
Pond basin. Once the alternatives have been identified (Task 1-8), the CONSULTANT will use WMM
to simulate the potential annual and seasonal pollutant load reductions for each alternative under both
existing and future (buildout) land use conditions. The CONSULTANT will provide to the CITY a
working copy of WMM and digital copies of datasets used for this subtask.
Task 1-10 Alternatives Meetings
Based upon the data evaluations and modeling of the existing PSMS within the Tovm Pond basin, the
CONSULT ANT, representatives of the CITY, and the Project Team will meet to consider potential
alternatives for development of the "pennit free" zone, water quality treatment and flood control within
the basin, The CONSULT ANT will meet with the CITY and Project Team one additional time to discuss
alternatives and the results of the alternatives evaluations (Tasks I-II and 1-12). During these meetings,
the CONSULTANT will present preliminary findings on alternatives evaluations and solicit comments
on the alternatives. The ranking matrix (see Task 1-11) will be discussed in the second meeting,
Comments received will be incorporated in the final evaluations of the alternatives,
Task /-11 Town Pond Alternatives Evaluations
Two alternatives will be assessed by the CONSULTANT using the hydrologic, hydraulic and water
quality models during this task, Two alternatives will be defined as follows:
Camp Dresser & McKee
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City of Clearwater
Stormwater Management Program
Town Pond Dosign And Implementation Project
Scope of Services
· Alternative 1 - Rehabilitation of the Town Pond including acquired properties with
biological/physical treatment and with public amenities. For this alternative, the existing Town Pond
area and newly acquired properties will be used to conceptually consider a stormwater attenuation
and treatment system for the basin. The primary treatment process for this alternative within the pond
will be biological al1d physical (e.g., plant uptake and settling), Public amenities such as parks, sitting
areas, educational facilities, etc. will be included in this alternative, BMPs will also be included
within the basin at strategic locations to increase pollutant removals, BMPs may include oil/water
separators, sediment traps (swirl concentrators, inlet screens, baffle boxes, etc.), and alum treatment
of influent or discharged water,
,. Alternative 2 - Rehabilitation of the Town Pond including acquired properties with
chemical/mechanical treatment and with public amenities. For this alternative, the existing Town
Pond area and newly acquired properties will be used to conceptually consider a stormwater
attenuation and treatment system for the basin. The primary treatment process for this alternative
within the pond will be chemical and mechanical (e.g., alum treatment, etc.). Public amenities such
as parks, sitting areas, educational facilities, etc. will be included in this alternative. BMPs will also
be included within the basin at strategic locations to increase pollutant removals, BMPs may include
oil/water separators, sediment traps (swirl concentrators, inlet screens, baffle boxes, etc.), and aIurn
treatment of influent or discharged water.
The alternatives \ViII include conveyance and storage evaluations to meet the desired LOS. Each of the
alternatives will include the elimination of Pierce Streets between Prospect and Ewing Streets, pedestrian
friendly landscaping according to CITY regulations, and a subsurface pump house, Also, for each
alternative, the SWFWMD treatment volume will be calculated within the Town Pond. The
CONSULTANT will also route the I.O-inch and 2.S-inch storms through the Town Pond to detennine
treatment storm response and stage.
The CONSULTANT will evaluate the alternatives defined using the hydrologic, hydraulic, and water
quality models. Both existing and future land use conditions will be simulated for the 1.0- and 2.5.inch
storm event (duration to be determined by rainfall analysis), and the 5-, 10-, 25-, and 1 DO-year, 24-hour
design storm events. Flood elevations will be tabulated by the CONSULTANT and compared to
pertinent surveyed elevations for flood control purposes, WMM will be used to estimate the pollutant
reductions possible with the alternatives. The CONSULTANT Vtill also provide estimates of the project
costs for each of the alternatives including probable construction costs with legal, administrative,
surveying, permitting and engineering fees, contingency costs, and annual operation and maintenance
costs,
The CONSULTANT will assess the relative benefits and costs of the alternatives. When possible and
reasonable, the CONSULTANT will express costs for individual B1vfPs. The assessment will be based
upon a ranking matrix using the following criteria: total construction costs, annual maintenance costs,
relative pollutant reduction, relative flood control reduction, pennitability, and public benefits (e.g.,~amenities and educational opportunities offered). The CONSULTANT will weigh each of the these
Camp Dresser & McKee
F IPROJ:::CTS\CLEARWAnTOVVNPONOINEGOTlAnFINAL SCOPE WP6
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Stormwater Management Program
Town Pond Design And Implementation Project
Scope of Services
criteria equally unless requested to do otherwise by the CITY. The CONSULTANT will prepare a
preliminary ranking matrix for the alternatives,
Camp Dresser & McKee
F:\PROJECTS\ClEAAWA l\TOYINPONO\NEGOTlA nFlNAI. SCOPE,V\1P6
A-7
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City of Clearwater
Stonnwater Management Program
Town Pond Design And Implementation Project
Scope of SeNices
Task 1-12 Additional Alternative
The CITY may elect to consider one additional alternative not defined at the time of the authorization
of this scope of services. The addition of the alternative will be requested in writing by the CITY and
must be requested at or prior to the first alternatives meeting (see Task 1-10).
Task 1-13 Public Awareness for Conceptual Design
The CONSULTANT will help develop and participate in a public awareness and acceptance program
for affected property owners within the Town Pond basin, CITY citizens and elected officials, The
purposes of this program will be to solicit comments from the public on the Town Pond issues and
concerns as well as in review of conceptual alternatives. Two public meetings will be held during Phase
I. The first will occur after the data collection tasks and the purposes of this first meeting will be to
introduce the public to the Town Pond project and to solicit comments from the attendees on goals and
expectations of the project. The second meeting will occur after the alternatives have been assessed
(Task I-II) by the CONSULTANT, The second meeting will solicit comments on the alternatives. The
CONSULTANT will be responsible for meeting materials such as presentation materials and handouts,
and the CITY will be responsible for meeting logistics (e.g., location, meeting rooms, advertisement,
etc.),
Task 1-14 Commission Presentation
The CONSULTANT will also participate in one workshop or presentation to the CITY commission
during this phase, The CONSULTANT will be responsible for presentation materials and handouts.
For presentations, the CONSULTANT will use Microsoft Powerpoint 97.
Task 1-15 Inter-department Meetings
The CONSUL T..<\.NT will meet up to three times with other CITY departments including the Economic
Development Department and Planning & Development Services to coordinate activities which may
affect, or be affected by, the TOWIl Pond project.
Task 1-16 Pre-application Meeting
After development and analysis of the alternatives, the CONSULTANT along with the CITY will meet
with the Environmental Resource Pennit (ERP) representatives from the SWFWMD in a pre-application
meeting, The purpose of the meeting will be to discuss the permitabiIity of the Town Pond
recommended alternative.
Task 1-17 Contamination Assessment Review
As part of the overall activities related to the Town Pond, the CITY will provide a contamination
assessment of the site and acquired lands. The CONSULTANT will not be responsible for this
assessment or environmental audits of the sites. The CONSULTANT will review products by the CITY
Camp Dresser & McKee
F IPROJECTS\CLEARWAnTOWNPOND\NEGOTIAT\FINAl SCOPE.WP6
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City of Clearwater
Stormwater Management Program
Town Pond Design And Implementation Project
Scope of Services
or other consultants related to contaminant assessments and environmental audits with respect to the
Town Pond stonnwater project. The CONSULTANT will attend up to two meetings with the CITY
regarding contamination assessments of the Town Pond site,
Task 1-18 Conceptual Design Report
The CONSULTANT will prepare a Conceptual Design Report documenting the findings of the Phase
[ work including Tasks 1-1 through 1-17. The Report will provide summaries of data collected, base
maps of pertinent data coverages, copies of survey and geotechnical information, copies of data collected
along with tables and charts of water quantity and quality measurement results, summary of model
development and analyses, descriptions of alternatives and their assessment, cost estimates, ranking
matrix analysis, and public awareness/acceptance program results. Schematic drawings showing
pertinent project features for each alternative will be included in the Report, For the preferred
alternative, the CONSULTANT will provide a 24" by 36" rendering, The CONSULTANT will also
include a recommended alternative which will be based upon the ranking matrix, nlcetings with the
CITY and Project Team, public workshops and elected official meetings. The CONSULTANT will
provide five (5) copies of the draft Conceptual Design Report to the CITY for review, After review, the
CONSUL T ANT will meet with the CITY to discuss comments on the draft Report. lne
CONSULTANT will address the comments received and prepare a final Conceptual Design Report, Ten
( 10) copies of the final Conceptual Design Report will be provided to the CITY including one unbound
photo-reproducible copy. The Conceptual Design Report will be considered the 30 percent design.
For the Conceptual Design Report, the following sections will be included:
Executive Summary
Introduction and Background
Data Compilation and Evaluations
Water Quality Eval uations
Model Development
Alternative Analyses
Recommendations
Phase 1/: Final Design and Permitting
Task II-I Progress Meetings
The CONSULTANT will meet with the CITY and Project Team approximately monthly to discuss the
status and progress of the Town Pond Project design. The purpose of the meetings will be to discuss
the status of the project, consider the project schedule, address interim project decisions and coordination
issues, and evaluate interim products, Up to 6 meetings have been budgeted,
Camp Dresser & McKee
F:\PROJrCTS\ClEARWA T\TO~PONO\NEGOTIAT\FINAl SCOPE.WP6
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City of Clearwater
Storrnwater Management Program
Town Pond Design And Implementation Project
Scope of Services
Task /1-2 Design Drawings
The CONSUL T ANT will prepare detailed constnlction plans and technical specifications for the project.
The construction plan set will be prepared in accordance with CITY engineering standards, The plan
set will consist of a cover sheet, notes and symbols sheet, survey sheets, civil site plans on aerial or
planimetric base at I inch equals 20 feet, planting plan, coordinate control sheet, detail sheet, cross
section sheets, landscaping sheets, pump station sheets, and B~v1P sheets (e.g., alum treatment system,
etc,), It is anticipated that the drawing set will consist of approximately 30 sheets,
Review sets will be submitted to the CITY at 60% and 90% complete. The conceptual drawings
prepared for permit applications will be considered 30%. Review comments by the CITY will be
transmitted to the CONS ULT ANT no later than 60 days from the time of the submittal by the
CONSULTANT. Review comments will be addressed in the following scheduled submittal.
Preliminary cost estimates will accompany the 60% and 90% submittals. Each submittal will consist
on five sets of blue-line prints. The 100% submittal will consist of the following:
. The original vellum reproducible drawings of the construction plan set.
II Four complete plan sets signed and sealed by the CONSULTANT of record.
. Final CONSULTANT's estimate of probable construction cost.
. Copies of survey field books and magnetic files if applicable.
. Copies of design calculations bound in a three ring binder.
Task 11-3 Architectural Engineering
The CONSULTANT will also provide engineering evaluations for landscape architectural designs as
expressed in up to 5 design drawings provided to the CONSULTANT by Phil Graham & Company, PA.
Task 11-4 Specifications
The CONSULTANT will also prepare technical specifications for the proper construction of the project
and submit specifications with the 90% review submittal. The CITY will provide the CONSULTANT
with the legal (front end) section of the specifications, for inclusion in the construction specifications.
The CITY will provide the CONSULTANT with a copy of the CITY's Standard Technical
Specifications Master Pay Item List. The CONSULTANT may elect to use any applicable CITY
standard pay item or technical specification or write their own,
The Professional CONSULTANT in responsible charge of preparing the Technical Specifications for
the project will affix to the cover sheet of the final construction specifications for the project the finn's
name, his/her signature and professional engineer registration number,
Task 11-5 Permits
Camp Dresser & McKee
F\PROJECT~CLEARWA 1"\ TO~POND\NEGOTIA T\FINAL SCOPE. 'NPfJ
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City of Clearwater
Stormwater Management Program
Town Pond Design And Implementation Proj9Ct
Scope of Services
The CONSULTANT will prepare figures and text necessary for submittal of complete applications to
SWFWMD (ERP permit), FOOT, and/or local permits required for the construction of the recommended
facilities, The CONSULTANT will meet with the SWFWMD prior to submittal of the permit
applications to confmn application and project pennitting requirements, The CONSULTANT will
provide a draft permit application to the CITY for review prior to submittal to the SWFWMD. Once
approved, the CONSULTANT will prepare final applications for permits and provide five (5) copies of
the final to the CITY for signature and submittal. The CITY will be responsible for permit application
fees, The CONSULTANT will review and respond up to two requests for additional information from
permit agencies,
The CONSULTANT will also be responsible for submittal of plans to the Development Review
Committee. The plans will also be submitted to other regulatory agencies for review of utilities
relocations.
Task 1/.6 Maintenance Manual
Based upon the ERP permit requirements and general scientific practices, the CONSULTANT will
prepare an Iv!aintenance Manual for Town Pond project. The Manual will provide information on
maintenance activities and frequency, plant maintenance and upkeep activities, and monitoring
requirements, The CONSULTANT will also provide up to 4 hours of training on the Manual.
Contingency
Because the nature and scope of the To\\'Il Pond project may change during the execution of the elements
of the scope of services, a contingency budget has been identified to ease the authorization of modified
services. Contingency services may include additional public meetings, services for land acquisition,
survey, geotechnical work, request for additional infonnation (RAl'S) from permit agencies, and other
work directly related to the Town Pond project. Contingency services may be authorized by the CITY
after mutual written agreement with the CONSULTANT regarding the scope and cost of the additional
services.
Camp Dresser & McKee
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Prepared by & return to:
Earl Barrett
Engineering Department
City of Clearwater
p, O. Box 4748
Clearwater, Fl, 34618-4748
SIDEWALK
&
UTI LIT Y
ICASEMENT
_..0-
FOR AND IN CONSIDERATION of the sum of One Do 11.\ r ($1.00) cash in hand
paid to it the receipt of which is hereby acknowl(~dtjPd, and the benefits to
be derived therefrom,
ACCENTO CRAFT, INC.,
a Florida corporation
177 Anclote Road
Tarpon Springs, Florida 34689
does hereby grant and convey to the CITY OF CLEARWA'l'U:R,. FLORIDA, ~n easement
c;>ver, under and across the following described land, 1 y~ng and be~ng situate
In the County of Pinellas, state of Florida, to-wit:
A PORTION OF UNPLATTED BLOCK "Y", HIBISCUS GABDF.NS, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14/ pAGES 55-59
OF THE PUBI..IC RECORDS OF PlNELLAS COUNTY, FLORI 01\, BE ING MORE
SPECIFICALLY DESCRIBED AND DEPICTED IN EXHIBI1' ~'A!!.. ATTACHED
HERE TO.
This easement is for sidewalk and util i ty pur fJ( JHCS only.
The CITY OF CLEARWATER, FLORIDA, shall haVt~ the right to enter the
a~ove . described premises and construct and inH~/l~r:t the placem~nt ~nd
dune~s~ons. of said sidewalks and utilities to in~IJ((-: cor:-formance wlth Clty
speclflcatLons and thereafter maintain same from tjml: to tlme; and that,
The GENERAL PUBLIC shall have full and free rJ~;.I~ 0f said sidewalk at any
time and all times for traveling purposes.
IN WITNESS WEEREOF the Grantor has caused .Jr~6e present~/~ be duly
e~cuted by its proper' officer thereunto auth0r;~ed this ~ day of
~~-r() aE f1-/ , 1999.
By:
Cotton, President
& Treasurer
Signed, sealed and delivered
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Signature
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CRAFT, INC.
corporation
WITNE S
~e~
Witness' Pr~ ed Signature
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Page 2 - Acknowledgment
Sidewalk & utility Easement
Blk. "Y", HIBISCUS GARDENS
Grantor: Accento Craft, Inc.
Grantee: City of Clearwater, Florida
STATE OF FLORIDA
.
.
:ss
COUNTY OF PlNELLAS
.
. .
BEFORE ME, the undersigned authority, personally appeared L. Joseph
Cotton, as President, Secretary and Director of Accento Craft, Inc. , a
Florida corporation, who executed the foregoing instrument and acknowledged
before me that he is duly authorized and did execute the same on behalf of
said corporation for the uses and purposes therein expressed.
)
WfiJ
Florida
Print/type name
Cnpl".I', I" ;
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[ ~rSOnallY known
[ ] Produced Identification
Type of Identification Produced
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(seal)
u,w.1Oftm'&. vsv n"IiL CEClNQ9
~ S3tfk:DGJ
lt8m:X) . NOmSI'I4W<Xl
N3Na10 TI38 3O'i'ONV:)
YOI00~ :10 3l V lS . :)f1EJnd ^~V.LON
NOTARY PUBUC . STATE OF FlORIDA
CANDACE BELl. GlEWEN
COMMISSION" cce&C831
EXPIRes Qr.)(li2OO1
BONDED THRU ASA 1.&u-NOTARV1
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Sidewalk &: Utilit Easement
24.30 Sq. Ft.
Le 01 Descri tion:
Hibiscus Gordens sidewalk & utility easement)
Commencing at the westerly corner of
unplat ted block .y', HIBISCUS GARDENS.
according to t.he plat thereof as recorded
in Plot Book 14. Pages 55-59, of the
Public Records of Pinellas County, Florida,
run thence N64'26"9"E, 8.00 feet;
thence SOO'09'49.W, 6.96 feet; thence
N64'06' 42"W, 8.00 feet to the POINT
OF BEGINNING. Containing 24.30 feet, more
or less.
.'
CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS
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BEFORE ME, the undersigned authority, personally appeared L. Joseph
Cotton as President, Secretary and Treasurer of Accento Craft, Inc., a
Florida Corporation, whom, being first duly sworn, does depose and say:
1. That said corporation is the owner of legal and equitable title to
the following described property in Pinellas County, Florida to-wit:
A PORTION OF UNPLATTED BLOCK "Y', HIBISCUS GARDENS, ACCORDING
TO THE PLAT 'l'HEREOF AS RECORDED IN PLAT BOOK 14, PAGES 55-59
OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS MORE
SPECIFICCALLY DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on
said property for which there are unpaid bills for labor or materials against
said property, except those which shall be paid during the normal course of
business and NO OTHERS.
4. That there are no liens or encumbrances of any nature affecting the
title of the property hereinabove described except those of record and: NO
OTHERS.
5. That it is hereby warranted that no notice has been received for
any public hearing regarding assessments for improvements by any government,
and it is hereby warranted that there are no unpaid assessments against the
above property for improvements thereto by any government, whether or not
said assessments appear of record.
6. That there is no outstanding sewer service charges or assessments
payable to any government.
7. That the representations embraced herein are for the purpose of
inducing CITY OF CLEARWATER, its agents, successors and assigns to rely
thereon.
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Page 2 -Affidavit of No Liens
From: Accento Craft, Inc.
RE: Sidewalk/Utile Easement
Elk. "Y", HIBISCUS GARDENS
E~
It!TNESS
By:
otton
, Secretary & Treasurer
WITNES
~~.
Wi tness' ~ed
Signature
Sworn to and subscribed to before me this [4- day of Ceh bl,~'
1999.
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Title or rank, and Serial No., if any
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sue STATEOFFloRlDA
NDTM~^ce Beu. oLEWEN
COM~M" c;cea463'
EXPIRES gj3Q/'2001
BONDED lHRU 1$A ,~TARV1
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Sidewalk &: Utility Easement
24.30 Sq. Ft.
Le 01 Oeseri tion:
Hibiscus Gardens sidewalk & utility easement)
Commencing at the westerly corner of
unplatted block "y'. HIBISCUS GARDENS,
according to the plot thereof as recorded
in Plot Book 1 4, Pages 55- 59, of the
Public Records of Pinellas County, Florida,
run thence N64'26'19"E, 8.00 feet;
thence 500'09' 49"W. 6.96 feet; thence
N64'06'42"W, 8.00 feet to the POINT
or BEGINNING. Containing 24.30 feet, more
~ less.
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
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---
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # ::t~
Meeting Date: ~
SUBJ ECT/RECOMMEN DATION:
Approve amendments to the purchasing procedures and pass Ordinance 6422-99 on first reading,
[&J and that the appropriate officials be authorized to execute same.
SUMMARY:
City Charter revisions approved in March 1999 allows simplification of purchasing procedures through
changes in the Code of Ordinances. This ordinance changes the purchasing procedures as follows:
· Authorizes surplus property valued at less than the current fixed asset control level ($500) to be
donated to charitable organizations or otherwise disposed of through transfer to Solid Waste,
o Aligns the City's bid advertising requirement to that of the State of Florida,
· Authorizes sealed bids to be sought from any available source including the Bidder Vendor List.
· Aligns exemptions to bid with that of the State of Florida,
· Increases the bid threshold to purchases exceeding $25,000 (from the current $10,000). Other
government agencies have a $25,000 bid threshold including the State, Pinellas and HiIIsborough
Counties, Tampa, and St. Petersburg,
II Adds standardization to the list of possible bid criteria,
II Authorizes department directors to recommend trade-in as being in the best interest of the city,
. Authorizes responsible department directors to approve items purchased for resale.
. Requires vendor's protesting bid results to submit a fee of 5 percent of the recommended vendor's
award total to cover administrative costs related to the protest. The fee shall not be less than $50 nor
more than $2,500. Full refund will be provided should the protest be substantiated. This aligns the
City's protest procedures with the State of Florida.
. Deletes definitions of recycled and recyclable products, Definitions will be included in the next
Purchasing Manual.
Reviewed by:
Legal ~
Budget N/ A
Purchasing ~
Risk Mgmt N / A
Originating Dept:
t="1f)dnce, /vn1~'
User Dept.
All
Currenl FY - 0 -
Funding Source:
CI
OP
Other
N/A
Costs
T ata I - 0 -
Info Srvc
Public Works
DCMlACM
Other
~
Attachments
Ord 6422-99
Submitted by: "4! I}A
City Manager t)UC.J
Printed on recycled paper
o None
A ra riation Code:
Rev. 2/911
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City Attorney's Office
Interoffice Correspondence Sheet
TO:
FROM:
Cynthia E. Goudeau, City Clerk
John Carassas, Assistant City Attome~
COPY:
George E, McKibben, Purchasing Manager
SUBJECT: Revisions to Ordinance 6422-99
DATE:
November 18, 1999
The following revisions have been made to Ordinance 6422-99 that was included in your
agenda package for the November 18, 1999 Meeting.
Revision #1, References to Public Works Administration contacts have been changed to
Public works [Admini&tr:dion] contracts throughout the ordinance, This allows inclusion of
all construction contracts, including gas system,
Revision #2, Page 4, Section 2,652(d), Purchases for $25,000 or less, Adds an s to the
last word "quotes".
2.564(1 )(i) Added to Exception to bid procedures. "Commodities that are purchased by
the City for resale,"
Catchline added for revising Section 2,622 through 2,624,
Section 2 added to provide effective date,
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ORDINANCE NO. 6422-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PURCHASING; AMENDING
SECTIONS 2.541, 2.542, 2.544 THROUGH 2.547, 2.561
THROUGH 2.564, 2.622 THROUGH 2.624, AND DELETING
SECTION 2.565, SUBDIVISION IV AND 2.601; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has agreed to amend and delete certain
sections of the Code of Ordinances relating to purchasing, as set forth in this Ordinance;
now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. Section 2.541 of the Code of Ordinances is hereby amended to read as
follows:
Sec. 2.541. Definitions.
Commodity means any of the various supplies materials, goods, merchandise,
equipment, and other personal property purchased, leased or othelWise contracted for
by the city, unless coming within the definition of Public works contracts. However,
commodities purchased for resale are excluded from the bidding provisions of this
division. Award of contract for resale commodities shall be made by the
responsible department dil'ector.
Electronic coordination signature means, with respect to the processing of a
purchase requisition, the approval of the requisition by means of a password-protected
and coded authorization transmitted by computer.
Public works contracts means all contracts involving construction for the city.
Purchase includes a purchase or a lease of more than one year.
Standardization means criteria utilized to support the purchase of specified
product(!) or product lines: to include training. service support. repair parts
availability and cost. and relationship to current inventory.
Vendor means a prospective vendor who submits a bid, a proposal, or a
quotation for the sale of a commodity or service to the city in response to an invitation
to bid/quote, or who is included on tho '1endorE: list m3int::lined by the purch3sing ::Jgent
as-provided herein
Section 2.542 of the Code of Ordinances is hereby amended to read as follows:
Ordinance No. 6422-99
~
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System adopted.
In order to establish efficient procedures for the acquisition or use of
commodities, services, and public works projects; [ to secure commoditisE, sorvices,
and publ:c works projects] at the lowest possible cost commensurate with quality
needed; to exercise positive financial control over purchases; to clearly define and
implement the purchasing function and to assure the quality of purchases, a purchasing
system is hereby adopted as provided in this division.
Section 2.544 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.544. Purchasing agent
(10) [Recommend tho] Transfer ref] surplus [and unused] commodities
between departments as needed;
(13) Donate or dispose surplus property with a current market value of
less than the fixed asset control level.
Section 2.545 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.545. Submittal of requests to purchase commodities or service.
Departments shall electronically submit requests to purchase commodities or
services to the purchasing agent on purchase requisition forms or by other means as
may be prescribed by the purchasing office.
Section 2.546 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.546. Purchase orders or contracts to be used.
Purchases of commodities and services shall be made only by purchase orders
and/or other written contract executed by the purchasing agent. Except as otherwise
provided in this division, no purchase order shall be issued unless the prior approval of
the city manager has been obtained. The purchase order authorizing the expenditure
of funds shall be signed by the purchasing agent. Construction contracts exceeding
~25.000 shall be made by both purchase order and written contract.
Sec. 2.547. Vendors list.
The purchasing agent is authorized to maintain a list of vendors for the purpose
of mailing notices inviting bids or requests for proposals or soliciting quotations from
time to time. A vendor who desires to be included on the vendor's mailing list shall
complete and submit a vendor's application. The Public Works Administration
proiect "Pre-Qualified Contractor's List" will be maintained by Public works.
Contractors who desire to be included in the public works proiect bidding
2
Ordinance No. 6422-99
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process shall complete and submit the pre-Qualification requirements to Public
works.
. Subdivision II. Purchase of Commodities, Services, and public works contracts.
Section 2.561 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.561. Purchases over $10,000.00 $25,000.
Except as otherwise provided in this division, the purchase of commodities or
services of an estimated value more than [$10,000.00] $25,000 [or more], shall be by
purchase order and/or other written contract with the vendor submitting the lowest
responsible bid whose bid has been solicited, received and approved, pursuant to the
following procedures:
(1) Notice inviting bids. Notices inviting bids shall be published at least [twice] one
time in a newspaper of general circulation within the city and shall include a
general description of the commodities or services to be purchased, a statement
of where bid documents may be obtained, and the date, time, and place of the
public opening of bids. The [fiFsij publication shall be not less than 4-2 10
calendar days before the opening date. [ Tho G6cOAd public:Jtion sh311 be not
less th:m five c31endar d3YG prior to the opening date and not Iccs th3n seven
calond3r dayc after tho f1rGt publication.] Sealed bids shall also be solicited from
responsible prospective vendors including those [whoce n:Jmec arc} on the
registered vendor's list.
m Security (bid bonds). When the estimated cost of a public works contract is
$100,000.00 or more, or when otherwise deemed necessary by the city
manager, security in the form of a bid bond issued by a surety company licensed
to do business in Florida or a cash bond in an amount equal to ten percent of the
bid shall be prescribed in the public notices inviting bids.
(5) Award of contracts. [Except 3S othorv/iGS provided in thic division,] Contracts
exceedi'19-$25.000 shall be awarded by the city commission to the lowest
responsible vendor.
(7) Change orders.
(a) Contract price increases shall not exceed $25,OOO[~] over the most recent
commission-approved contract price, in anyone change or cumulatively for
the same contract.
(e) City manager approved contracts may not exceed $25,OOO[-:GG].
Section 2.562 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.562. Purchases for [lese than $10,000.00] $25,000 or less.
3
Ordinance No. 6422-99
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Except as otherwise provided by this division, purchases of commodities or services
of a value of [$.-10,000.00] $25,000 or less, may be made in the open market, pursuant
to the following procedure and without observing the procedure prescribed in section
2.561:
(1) Minimum number of quotations. Open market purchases shall L whenever
pOGsible,] be based on at least three quotations and shall be awarded to the
vendor making the lowest responsible [GiEij Quote.
(2) Quotations shall be solicited by either written request, which may include
facsimile transmission, electronic mail or by telephone.
.Ql.Sealed written quotations bids. Sealed written quotations received in response to
written solicitations for quotations shall be submitted to the purchasing agent
who shall keep a record of all open market orders and [t:>>G&l quotes.
(4) Rejection of quotations. The city manager as purchasing agent may:
(a) Reject all [9iQs] quotations; or
(b) Reject all [9*i&] quotations and [rcobt3in] re..obtain [9iG&] guotations
pursuant to the procedures prescribed in this subdivision.
Section 2.563 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.563. Disqualification of apparently lowest responsible bid or quotation.
(4) A vendor's product that is different from the City's standard.
Vendors who submitted a bid or quotation and were not selected may appeal the
decision of the purchasing manager through use of the bid protest procedures, a copy
of which shall be available in the purchasing office. Protesting vendor must include a
fee of 50/0 of the selected vendors total bid to offset the City's additional expenses
related to the protest. This fee shall not exceed $~,500 nor be less than $50. Full
refund will ~e provided should the protest be upheld. No partial refunds will be
made.
Section 2.564 of the Code of Ordinances is hereby amended to read as follows:
Sec. 2.564. Exceptions to bid procedures.
(1) The bidding requirements set forth in this subdivision may be waived when
one of the following conditions exists:
(a) A department director or designee certifies [in writing] via electronic
coordination of the purchase reQuisition describing to the
purchasing agent that an emergency exists in regard to the purchase
of any commodity or service and that the delay incident to giving
opportunity for competitive bidding would be detrimental to the interest
of the city. The responsible department director or designee shall
4
Ordinance No. 6422-99
provide a detailed summary outlining the facts demonstrating the
existence of an emergency. Upon determining that an emergency
exists the purchasing agent may authorize the purchase [subject to
opproval by the cit)' commicsion at tho o::lrlicst regul~r or special publio
. meeting thereafter]. Emergency purchases that exceed the
purchasing agent's authority must be approved by the city
commission at the earliest regular or special public meeting
thereafter.
(b) Commodities or services are available from a sole source, after
determination by the purchasing agent upon review of written
summary of facts from the department director or designee requesting
the purchase.
(c) The amount of purchase is [lesE than} $1,000 or less.
(d) It is to the advantage of the city to purchase commodities or services
in cooperation with another governmental entity in Florida or to
purchase commodities or services from contracts previously awarded
by other governmental entities.
(g) Services rendered by [phycici:lns, ottornoys] health services
including mental health. legal services including paralegal. expert
witness~ appraisal or mediator services: auditors; academic and
lecturers: or services provided by persons with mental or
physical disabilities under not-for-profit corporations.
(i) Commodities that are purchased by the City for resale.
(2) Purchases fiR excess of] over $25,000 made pursuant to this section
shall be submitted to the city commission for approval.
Section 2.601 of the Code of Ordinances is hereby deleted.
Section III. Reserved*.
Subdivicion IV. Recycled :lnd Recycl::1ble Products
[Sec. 2.601. Definitions.
The following words, terms ond phraE8E, when ucod in thic subdivision, ch:lll
have tho me~mings :lscribed to them in thie; section, except WAara the context clearly
indic:ltee: :I different meaning:
Contr3ctor me::me any pore;on, naturJI or :::lrtificial, h:lving a controct to provide
servic8G, I3bor or m:ltori:::llc to the oity, or who is :::l subcontractor under a contr:::lct to
provide Gervicee:, 13bor or materiole: to the city. The term includes but ic not limited to
cone:ult:lnts 3nd Guppliere:.
5
Ordinance No. 6422-99
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Dep:lrtmont rofors to :my dep3rtment under the direction of tho city man:)ger of
tho city.
End use rne:ms 3n intended fin:)1 use of:1 product by :) consumer which will not
result in :Jdditional vJlue being ::1dded to the product.
Minimum content Etand:uds means st:lndards Get by the city cpooifying the
minimum levels of recovered motorial :1nd pOEt consumor rnateri:lI necessary for
dos:ignated products: to qualify :JS recycled products.
P3per and paper products mO:lns 311 items manufactured from papor Of
poperb03rd.
Post consumer m3terbl me3ns only those products geAoratcd by :1 buciness or
sonwmer which have served their intended end useB-and which hJve been gcner:Jted
or diverted from the solid WJste stre:Jm fur the purposes ()f c()lIcction, recycling and
disposition.
Pest consumer paper moterial me3ns:
(1) P:Jpor, paperboard and fibrous w:Jstes including corrugated boxos,
new&p3perc, magazines, mixod wastepaper, tabul:lting C:JFGS 3nd usod
cord3ge 3ftor the point 3t which they ha\~e passed through their end usa as
consumer items; and
(2) All paper, p3p()rboJrd 311d fibrous 'Hastes th3t enter and 3re collected JS
mixed municip:::lI solid w3cte.
Recovered paper mJterial means p:1per w:Jste generated aftor tho completion of
a-paper mJking process, such 3S post consumer m:lterial, eRvelope cuttings, bindory
trimmings, printing 'Naste, cutting 3nd other converting wJste, butt rolls, and mill
wr:Jppor€, obsolete inventories, 3nd rejected, unucE)d stock. T-he term shall not include
fibrous waste gener~ted during tho m3nu~oturing process including but not limited to
fibers recovorod from 'N3ste'N3tor or tFimmingE of p:.per m:)chiRe rolls (mill broke};
fibrous byproducts of h:uvesting, extractive or woodcutting proc€6:GOS; or fore6:t rCGidue
~
Reoycl3blo product mc::mG :1 product which, after its inttJnded end use, caR
dcmonstr3bly and economic3/1y be diverted from tho city'c colid 'NJste streJm for use
ac a r3W m:Jterbl in thE:) n1:)nufocturo of :1nother product.
Section 2.622 through 2.624 of the Code of Ordinances are hereby amended to read as
follows:
Sec. 2.622. Surplus sales over $5,000[00].
Except as otherwise provided in this division, following authorization by the city
commission.!. the sale of an item or of common bulk items of an estimated value greater
than $5,000.00 shall be through public auction or open market [by written contract
6
Ordinance No. 6422-99
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with tho highest respon&ible bidder whocc bid has boon E:olioited, received and
approved] pursuant to the following procedure:
ill Notice inviting bids {open market onlYh
.@1 Bid opening procedures {open market onlYh
ru Rejection of bids {oDen market only~
Sec. 2.623. Surplus sales under $5,000.[00.]
Except as otherwise provided in this division, following authorization by the city
[sommisE;ioR] manager, the sale of an item or of common bulk items of an estimated
value of $5,000[00] or less may be made {in the] throuQh public auction or open
market, pursuant to the following procedure and without observing the procedure
prescribed in section 2.622:
Sec. 2,624. Exceptions to [tAe] auction sale bidding procedures.
(1) The market value of items to be disposed of is not estimated to exceed
{$500.00] the current fixed asset control level. and may be disposed of
as the City Manager deems necessary.
lID The [surplus s:lles efficer] city manager determines that [tho naturo of the
itom& is f>uch th3t dispocition under bidding proceElYfos if> impr3ctiealt
imposGible or otherwice not in the best interost of the city]-a: donation to
charitablefnot-for-profit organizations is in the best interest of the ci~,
(6) The department director or designee may recommend trade-in as being
in the best interest of the city.
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:
John Carassas, Asst. City Attorney Cynthia E. Goudeau, City Clerk
7 Ordinance No. 6422-99
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Item #24
/357
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f~d-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~Y-
L( - \ g .q ~
Final Agenda Item it
SUBJECT/RECOMMENDATION: Approve a one year agreement from October 1, 1999 - September
30,2000, between the City of Clearwater and Ervin's All-American Youth Club, Inc., for the club to
provide community services in the North Greenwood Community with an associated grant of $50,000,
and in kind services of the City Grant writer,
l&I and that the appropriate officials be authorized to execute same.
SUMMARY:
. Ervin's All-American Youth Club, Inc. (Agency), has been operating out of the Holt Avenue Youth
Center (a city owned buildi ng) si nce 1987. The agreement with the Agency expi red on August 31,
1999. The Agency is seeking to relocate to facilities located at 1104 North Greenwood Ave. and is
continuing on a month by month basis at the Holt Center until January 1, 2000. The City has
supported the Agency over the past several years by providing the Holt Ave. Youth Center, funding
and various in kind services.
. The Agency agrees to provide the following services:
1. An After School Enrichment Program, which provides a homework club and tutoring
assistance provided by Pinellas County School volunteers, tutors, staff and certified teachers.
2. The Dream Builders academy, which incorporates the Rites of Passage program, develops
family bonding, educational experiences and self-image enhancement.
3. The Academy of Entreprenuership, which provides job training for youth.
. The Agency will be required to provide an annual report of activities consisting of the number of
clients served, the costs of such service, commentary on the viability, effectiveness, and trends
affecting the program and success of same. Funds received by the Agency wi II be used for these
programs and accounting for same will be provided.
. The City will provide a grant of $50 000 to fund the services mentioned above. In addition the City
wi II provide the in-kind services of the city's grant writer for the purposes of assisting the Agency in
writing one substantial grant, or several sma.ller grants totaling $50,000 during the term of this
agreement. No other in-kind services, supplies, labor or equipment whether on loan or for
consumption will be granted to the agency.
. A first quarter budget a.mendment will provide funding for this agreement in the amount of $50,000
from the unappropriated retained earnings of the general fund.
Reviewed by:
~ legal ~
Budget ..:z:i.L
Purchasing ~
Risk Mgmt NA.
Info Srvc
NA
NA
wMl-
NA
Originating Dept:
Parks and Recreation
User Dept.
Parks and Recreatio
Costs
Total $50,000
Submitted by:
City Manager
. Printed on recycled pc1per
Public Works
OeM! ACM
Other
Arlita Hallam
Current FY
$50,000
Funding Source:
CI
OP
Oth XX
er
Attachments
o None
A ro riation Code: 181-99917
Rev. 2/98
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AGREEMENT
This Funds Agreement is made and entered into between the City of Clearwater, hereinafter
referred to as the City, and Ervin's All American Youth Club, Inc. hereinafter referred to as the
Agency.
WHEREAS, it has been determined to be highly desirable and socially responsible to provide
activities to build and foster the confidence, educational and social skills and good habits in
young people; and
WHEREAS, the City desires to help young people to build social skills by providing operational
support; and
WHEREAS, the Agency has established programs that provide educational, motivational and
cultural activit.ies for youth in the North Greenwood area of the City of Clearwater
NOW, THERFORE, the parties agree as follows:
ARTICLE I. TERM
The term of this agreement shall be for a period of 12 months commencing on the 1 SI day of
October, 1999 and continuing through the 30th day of September, 2000 (the Termination Date)
unless earlier terminated under the tenns of this agreement.
ARTICLE II. RESPONSIBILITIES OF THE AGENCY
1. Services to be Provided: The Agency shall provide the following services:
a) An After School Enrichment Program, which provides a homework club and
tutoring assistance provided by Pinellas County School volunteers, tutors, staff
and certified teachers.
b) The Dream Builders academy, which incorporates the Rites of Passage program,
develops family bonding, educational experiences and self~image enhancement.
c) The Academy of Entrcprenuership, which provides job training for youth.
2. Area to be Served: Services rendered through this agreement shall be provided within
the corporate limits of the City as it now exists and as its boundaries may be changed
during he ternl of this agreement.
3. Scheduled Reports of Agency Activities: The Agency shall furnish the City Human
Relations Department, Grants Coordinator, with an annual report of activities conducted
under the provisions of this agreement within sixty days of the end of the Agency's fiscal
year. Each report is to identify the number of clients served, the costs of such service,
and commentary on the viability, effectiveness, and trends affecting the program.
4. Use and Disposition of Funds Received: Funds received by the Agency from the City
shall be used to pay for the above services as further described in a separate budget
proposal submitted by the Agency to the City. Funds existing and not used for this
purpose at the end of this agreement term shall be deemed excess to the intended purpose
and shall be returned to the City.
5. Creation, Use, and Maintenance of Financial Records:
a) Creation of Records: Agency shall create and maintain financial and accounting
records, books, documents, policies, practices, procedures and any infonnation
necessary to reflect fully the financial activities of the Agency. Such records shall
be available and accessible at all times for inspection, review, or audit by
authorized City representatives.
b) Use of Records: Agency shall produce such reports and analyses that may be
required by the City and other duly authorized agencies to document the proper
and prudent stewardship and use of the monies received through this agreement.
c) Maintenance of Records: All records created hereby are to be retained and
maintained for a period not less than five (5) years from the termination of this
agreement.
6. Non-discrimination: Notwithstanding any other provisions of this agreement during the
term of this agreement, the Agency for itself, agents and representatives, as part of the
consideration for this agreement, does covenant and agree that:
d) Breach of Nondiscrimination Covenants: In the event of conclusive evidenced
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this agreement.
a) No Exclusion from Use: No person shall be excluded frOln participation in,
denied the benefits of, or otherwise be subjected to discrimination in the operation
of this program on the grounds of race, color, religion, sex, age, national origin, or
disability.
b) No Exclusion from Hire: In the management, operation, or provision of the
program activities authorized and enabled by this agreement, no person shall be
excluded from participation in or denied the benefits of or otherwise be subject to
discrimination on the grounds of or otherwise be subjected to discrimination on
the grounds of race, color, religion, sex, age, national origin, or disability.
c) Inclusion in Subcontracts: The Agency agrees to include the requirement to
adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved
sub-contracts.
7. Liability and Indenlnification: The Agency shall act as an independent contractor and
agrees to assume all risks of providing the program activities and services herein agreed
and all liability therefore, and shall defend, indemnify, and hold harmless the City, its
~:
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ARTICLE VI. NOTICE
officers, agents, and employees from and against any and all claims of loss, liability, and
damages of whatever nature, to persons and property, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property ~
except claims arising from the negligence or willful misconduct of the City or City's
agents or employees. This includes, but is not limited to matters arising out of or claimed
to have been caused by or in any manner related to the Agency's activities or those of any
approved or unapproved invitee, contractor, subcontractor, or other person approved,
authorized, or permitted by the Agency in or about its premises whetller or not based on
negligence
ARTICLE III. RESPONSIBILITIES OF THE CITY
1. Grant of Funds: The City agrees to provide a total grant of$SO,OOO to fund the program
in accordance with this agreement and subject to City Commission budget approval.
2. Grant of In-Kind Services: The City agrees to provide the services of the city's grant
writer for the purposes of assisting the Agency in identifying and applying for additional
grant funding that will support and enhance the programs of the Agency. The services of
the grant writer will be limited to the availability and discretion oftlIe City of Clearwater.
However, at a minimum every attempt will be made to write at least one substantial grant
for the Agency or several smaller grants totaling $50,000. If a grant match is required the
Agency shall be responsible to provide for the match. The City will not provide any
additional in kind services, supplies, labor or equipment whether on loan or for
consumption, to the Agency.
3. Payments: The total amount of this grant will be paid by the City to the Agency within
30 days after execution of this agreement by the City and the Agency but no earlier than
October 1 of the budget year for which the funds are authorized.
ARTICLE IV. DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not
be changed, modified, or discharged except by wlitten Amendment duly executed by both
parties. No representations or warranties by either party shall be binding unless expressed herein
or in a duly executed Amendment hereof.
ARTICLE V. TERMINATION
1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by
the City shall constitute cause for termination. This agreement may by terminated with 5
days notice without any further obligation by City.
2. Disposition of Fund Monies: In the event of termination for any reason, monies made
available to the Agency but not expended in accordance with this agreement shall be
returned to the City.
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Any notice required or permitted to be given by the provisions of this agreement shall be
conclusively deemed to have been received by a party hereto on the date it is hand-delivered to
such party at the address indicated below (or at such other address as such party shall specify to
the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth
(5th) business day after the day on which such notice is mailed and properly addressed.
1. Ifto City, addressed to Grants Coordinator, Human Relations Department, P.D Box 4748,
Clearwater, FL 33758
2. Ifto Agency, addressed to E. Ajamu Babalola, President/CEO, 1104 N. Greenwood Ave.
Clearwater, FL 33755.
ARTICLE VII. EFFECTIVE DATE
The effective date of this agreement shan be as of the first day of October, 1999.
ARTICLE VIII. CONTINGENCY
This agreement is contingent upon inclusion by the City Commission of funding for this Social
Services Grant in the City of Clearwater Fiscal Year 1999/2000 Operating Budget.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
, 1999.
day of
ERVIN'S ALL-AMERICAN YOUTH
CLUB, INC.
CITY OF CLEARWATER, FLORIDA
By:
By:
President/CEO
Michael J. Roberto
City Manager
Brian J. Aungst
Mayor-Commissioner
ATTEST:
Approved as to fonn:
Cynthia E. Goudeau
City Clerk
John Carassas
Assistant City Attorney
i",::'
RESOLUTION NO. 99-48
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN HART'S ADD TO CLEARWATER BLOCK 2,
LOT 13, CLEARWATER, FLORIDA, HAVING A POST
OFFICE ADDRESS OF 409 N GARDEN A VENUE,
CLEARWATER, FLORIDA, AS DESCRIBED MORE
PARTICULARLY HEREIN, IN THE AMOUNT OF $4,344.00
FOR THE COSTS OF DEMOLITION INCURRED IN
REMOVING A DANGEROUS STRUCTURE WITHOUT THE
CONSENT OF OWNER.
~cp
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property described
herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and
dangerous and detrimental to the health; safety, and general welfare of the community, and did
not properly comply with the requirements of said Code, and found that an emergency existed
which, in his opinion, involved danger to human life and health, and ordered the demolition of
the building; and
WHEREAS, the City of Clearwater has caused the demolition of the building, and the
cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the
property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
Resolution No. 99-48
HART'S ADD TO CLEARWATER, BLOCK 2, LOT 13
(parcel Nwnber -09-29-15-37422-002-0130)
Owner of record:
IRVING SANCHEZ, JR.
2560 13ru AVENUE SOUTH
ST. PETERSBURG, FLORIDA 33712
and the City of Clearwater having now completed said work, the City Commission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the necessary
costs incurred as follows:
TOTAL DEMOLITION COSTS $4,344.00 (See Attachment ItA")
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Section 2. As soon as practicable, a Certificate of Indebtedness against the property for
the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all
other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City
with interest at a rate of eight percent (8 %) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of
the assessment against said property, and to record the same in the Public Records of Pinellas
County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 1999.
Attest:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~~
Assistant City Attorney
~
Cynthia E. Goudeau
City Clerk
Resolution No. 99-48
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A TI'ACHMENT "A"
Resolution 99-48
\"
(409 N. Garden Avenue - Clearwater, Florida)
TASK
TIME
NALOL - (PinelJas County Records for ownership)
Various correspondence and telephone calls
Purchase requisi tions
Take photographs
TOTAL HOURS
22 HRs
EXPENSES
AMOUNT
(22) hours @ $25.00 per hour
Film, developing, and prints
Certified Mail and regular postage
Title Search - Fidelity Title Services, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal - Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Demolition (Howard Jimmy Demolition Company)
$550.00
$40.32
$3.31
N/A
250.00
N/A
N/A
$3500.63
TOTAL EXPENSES
$4,343.63
LIEN AMOUNT
$4344.00
Resolution No. 99 - 48
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Preliminary Agenda
(W orksession)
, 13(PCo
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, November 1 5, 1999
immediately following closed attorney/client session beginning at 9:00 A.M.
Service A wards
Convene as Community Redevelopment Agency (eRA):
1 . Call to Order
2. Approval of Minutes: 10/18/99
3. Authorize staff to exercise the Option to Purchase the Dimmitt property (two parcels, 3.48 acres)
fronting on Cleveland Street, and conduct inspections, tests, environmental & any other
investigations to determine suitability for intended use of the property
4. Executive Director (Assistant City Manager) Verbal Reports
5. Other Business
6. Adjourn
Convene as Pension Trustees:
1 . Call to Order
2. Approval of Minutes: 10/4/99
3. Request for acceptance into membership: Mark Wallace, Duane Miller, Cindy Geary, Francis
Whitney, Edith Jones, John Evans, Eric Kleinman, Scott Suba, Jonas Majerski, Joseph Farrar,
Martin McCarthy, Natalie Pehote, Matt Daerr, Gerard Devivo, Michael Faulkner, James Horning,
Jason Lynn, Steven Smith, Shawn Taber, Absolom Young, Chad R. Reed, James R. Butterfield, &
Matthew B. Dupree
4. Pension{s) to be vested: Antonia Babski, Nicolas Rivera-Ruiz, Carol Tresca, & Michael E. Harrell
5. Authorize expenditure not to exceed $25,000 to Thompson, Sizemore & Gonzalez regarding
Krieger v. City and Pension Trustees
6. Approve changes to City of Clearwater Employees' Pension Plan; authorize staff to proceed with
ordinance revision and referendum
7. Other Business
8. Adjourn
Reconvene Work session
PUR PURCHASING
Motion Industries, 15 sumitomo 8M-Cyclo gearmotors to be used in all WPC facilities,
$65,523.30 (PW)
Tampa Bay Engineering, extension from current expiration of 12/31/99 through project
completion, re previously approved FD,bT Joint Project Agreements that have been completed
through design phase but are delayed while the State completes the r-o-w acquisition ISR54 from
Madison Ave. to US19; SR54 from Little Rd. to Gunn Highway; & Sunset Point Rd. and
US 19J(GASI
Encore Broadcast Sales, Inc., frame rate system to operate Video Bulletin Board Program of C-
VIEW, $19,538; funding to be provided under City's Master Lease-Purchase Agreement (PCM)
J.J. MacKay Canada Limited, decorative parking meter posts & yokes for installation on
Clearwater Beach and downtown, $165,000 (PWI
BU BUDGET
1. Presentation - Fiscal Year 2000-2001 Budget Procedure (W80)
2. Approve reappropriation of $200,000 of General Fund operating savings in the Fiscal Year 1998-
1999 budget to fund current fiscal year "vision" funds
11/1 5/99
1
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ED ECONOMIC DEVELOPMENT
1. Authorize staff to exercise the Option to Purchase the Dimmitt property (two parcels, 3.48 acres)
fronting on Cleveland Street, and conduct inspections, tests, environmental & any other
investigations to determine suitability for intended use of the property
FN FINANCE
1. First Reading Ord. #6422-99 - Relating to Purchasing; amending Sees. 2.541, 2.542, 2.544-
2.547, 2.561-2.564, 2.622-2.624, and deleting Sec. 2.565, Subdivision IV and 2.601
HR HUMAN RESOURCES
1. Approve continued use of Premium Stabilization Fund to offset a percentage of biweekly premium
for employees with 2 or more dependents, for period 1/1 /2000-12/31/2000, est. $221,225
PO POLICE
1. Contract with Dell Marketing, L.P., Police Field Reporting Hardware, not to exceed $567,004;
funding to be provided by COPS More grant awarded to Police Dept & approved by Commission
on 9/16/99 (Consent)
2. Approve transfer of $30,092.83 from General Fund retained earnings to Clearwater Homeless
Intervention Projects, Inc. (CHIPHConsent)
PR PARKS AND RECREATION
1. Agreement with African American Leadership Council, Inc., use and supervision of Holt Avenue
Youth Center, 10/1/99-9/30/2004, with associated grant of $96,564 for Fiscal Year 1999-2000
(Consent)
2. Agreement with Ervin's All-American Youth Club, Inc., for club to provide community services in
the North Greenwood Community, 10/1/99-9/30/2000, with associated grant of $50,000 and in
kind services of City Grant writer (Consent)
PW PUBLIC WORKS
1. Presentation - Mangrove Trimming (WSO)
2. Public Hearing. Declare surplus for purpose of selling for highest bid above $620, a 400 sq.ft.
parcel of real property, Sec. 24-29-15, abutted on 3 sides by property commonly known as 2140
Belleair Road, limiting sale to buyer capable of using the parcel in compliance with development
requirements of Pinellas County zoning district A-E (Agricultural Estates)
3. Contract to purchase real property from Chester & Brenda Stonom, Pine Crest Sub., Blk 6, Lots
13 & 14 and % of vacated alley on North, 1008 & 1010 Seminole Street, for $ 68,000 plus
$2,000 for personalty, with est. transaction expenses for environmental inspections, survey &
closing costs of $2,600, for total est. $72,600 (Consent)
4. Agreement to exchange easements of comparable value with Grand Prix, Ltd., over portions of
Sec. 13-29-15; declare surplus to city needs a 1,621.74 sq. ft., m.o.l., easement over portion of
city owned parcel Sec. 13-29-15, M&B 23.09 for purpose of exchanging said easement for
7,500 sq.ft., m.o.l., drainage & utility easement over portion of parcel Sec. 13-29-15, M&B
23.06 owned by Grand Prix, Ltd. (Consent)
11/15/99
2
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5. Contract to Westra Construction Corp., for North Beach Reclaimed Water Distribution System,
$2,410,175
6. Cooperative Funding Agreement with SWFWMD, on behalf of Pinellas-Anclote River Basin Board,
to design & construct Town Pond Stormwater Retrofit Project over a period of 3 fiscal years,
ending on 6/30/2003, for total not to exceed $3,105,000
PLD PLANNING & DEVELOPMENT SERVICES
1 . Public Hearing & First Reading Ords. #6464-99 & 6465-99 - Land Use Plan Amendment to
Residential/Office Limited & Office Zoning for property located at 809 Druid Rd., Magnolia Park
Sub., Blk 40, lots 4 & 5 (Stephen Watts)
CA LEGAL DEPARTMENT
Resolutions
1. Res. #99-48 - Demolition Lien - Hart's Addition to Clearwater, Blk 2, lot 13 (409 N. Garden Ave.
- Sanchez)
Agreements, Deeds and Easements
1. Sidewalk & Utility Easement - Hibiscus Gardens, Blk Y (Missouri Ave. & Franklin Cir. - Accento
Craft, Inc.)(Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
1. eM & CA evaluation process
2. commission policies & procedures
Presentation(sl for Thursday Night
1. Legislative Report - Representative Crow
Other Commission Action
Adjourn
11/15/99
3
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i' note: C & Pension
.'. Trustees agenda packs
kept separately.
/j70
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TO:
FROM:
COPIES:
Brian Aungst, Mayor
Susan Chase, City Clerk Specialist
City Commissioners, Mike Roberto, Cyndie Goudeau
SUBJECT: Presentations at the November 15, 1999 Worksession
DATE:
November 15, 1999
The following presentations will be made at the November 15, 1999 Worksession:
5 years
David G. Stoner, Jr., Library (letter of appreciation, City pin)
Cheryl A. Ford, Finance (letter of appreciation, City pin)
Brian J. Ravins, Finance (letter of appreciation, City pin)
Dennis I. Donavan (Don-a-vin), Finance (letter of appreciation, City pin)
10 years
Robert p, Maltas (Malt-is), Public Works Admin. (letter of appreciation, wall clock)
Aundra Williams (Onwdray), Solid Waste (letter of appreciation, wall clock)
25 years
James K. Beardsley, Parks & Recreation (letter of appreciation, gift certificate)
John J. Oswald, Gas (letter of appreciation, gift certificate)
30 years
Clara Borum (Bor-um), Parks & Recreation (letter of appreciation, gift certificate)
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Interoffice Correspondence Sheet
To:
Mayor & City Commissioners
COPIES TO:
COMMISSION
Th ru :
PRESS
CLERK I ATTORNEY
Michael Roberto, City Manager
From:
Rich Baier, Public Works Administrator
NOV - 2 . , -\
cc:
Bill Horne, Assistant City Manager
Cyndie Goudeau, City Clerk
Mahshid Arasteh, City Engineer
Tom Miller, Assistant Director of Engineering/PD&E
Date:
October 28, 1999
RE:
Mangrove Feasibility Study
Attached, please find a copy of the final Mangrove Trimming Feasibility Study,
produced by Delta Seven, Inc. on behalf of the Engineering Department, This study
considered the issue of mangrove trimming along the Memorial Causeway, intent on
developing a successful project to trim those mangroves to enhance view,
As this project is anticipated for Commission review at an upcoming meeting at the
request of Commissioner Hart, Staff believed that a copy of this would assist you
with any decisions to advance this project or not. If we can be of further assistance
in this matter, please contact Ms. Mahshid Arasteh at Ext. 4757.
JI
I
/
.;
I
CITY OF CLEARWATER
PUBLIC WORKS ADMINISTRATION
"Talking Paper"' for FY 199912000
C.l.P. Project Budget
~RTH GREENW~OD COR~ID?R ENRANC~MENT PRO-!ECf.. 922XX
. This project is consIdered by Engmeenng Staffas a "Nice To Do" proJect.
. nus project was introduced into the elP budget in FY999, although unfunded at that time. but previously approved
as part of the current six-year CIP. .
. The project was established in response to Citizens desire to implement projects th:'l1 have been identified in past
studies and now, a component of the One City. One Future. Strategic Vision. The project anticipates the
enhancement of Myrtle, Palmetto and Greenwood corridors to enhance the image of the Neighborhood through
traffic calming and beautification project elements.
. Operations budget impacts have aU been identified for this project through FY'OO.
. The project provides direct support to the One City. One Future. initiative.
MEMORL4L CAUSEWAY ENHANCEMENT PROJECT.. 922XX
. This project is considered by Engineering Staff as a "Nice To Do" project for budget purposes.
. This is a new project. not previously approved as part of the current six-year capital improvement plan and remains
unfunded in this CIP.
. The project was established at the request of City Hall in apparent response to citizen and visitors desire to improve
the travel vista along the Memorial Causeway. The project anticipates mangrove trimming and other enhancements
needed to achieve a pennit requirement of net environmental benefit. The project therefore includes significant
wetland and upland plantings, boardwalks, environmental displays and gazebo features
. Operations budget increases have all been identified for this project. including Parks and Recreation maintenance,
resulting in the need for one additional ITE in Parks and Recreation.
. The project provides direct support to the One City. One Future. initiative by strengthening corridors and
developing gateways.
ROADWA Y PROJECT LANDSCAPING - 922xx
. This is a new project not contained in the current six year plan.
It is a nice to do project.
. Necessary operating costs include personnel and equipment (or contracts) for landscape maintenance estimated at
$200,000/ years and an additional 0.5 ITE landscape architect for design.
. This project would support One City. One Future. as funds would be provided for enhanced landscaping on
future road projects in the One City. One Future. areas.
STA TE & COUNiY ROAD TRANSFERS - 922xx
. This is a new project not contained in the current six year plan.
This project provides funding for improvements to roads to facilitate transfer of jurisdiction. These
improvements are also necessary to maintain cu rrent roadway service levels.
Page 2
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\\.\5 '1~
CITY COMMISSION POLICIES
VICE-MA YOR--SHOULD REMAIN APPOINTED AND NOT ROTATION.
CITY CHARTER SA YS "APPOINT VM IN APRIL. NO MENTION OF
ROTA TION. DOES TillS MEAN CHARTER MUST BE CHANGED?
WITH 3 YEAR TERM LIMITS AND 4 COMMISSIONERS, ROTATION IS
UNFAIR. COPIES TO:
COMMISSION
BD-6---LIMIT TO 2 CONSECUTIVE TERMS.
OCT 1 1 ~?~;
BD-ll--SEEMS TO CONFLICT WITH GA-l1
BG-4-DECISION NEEDED NO\V.
PRESS
ClERK I ATIOANEY
BG-6- WHAT IS PROCEDURE IF NOT FISCALLY ADVISABLE?
BG-8-AFfER THE WORD ROADS ADD "IN NEED".
BG-IO-WHAT IS THE AGREEMENT?
BG-17-SHOULD BE UP-DATED.
BG-19-RETIRED EMPLOYEES SHOULD NOT REMAIN ON THE PAY ROLL
IN THEIR PRESENT POSITION. IT IS KNOWN WHEN SOMEONE PLANS
TO RETIRE AND IF THE POSITION IS TO BE FILLED AMPLE TIME IS
GIVEN TO HIRE. DOUBLE DIPPING.
CC-17-IS THIS IN ADDITION TO OUR STRATEGIC PLANNING DEPT.?
GA-6-IS THIS ENFORCED?
GA-14-SUGGEST CHANGE TO (1) PER CALENDAR YEAR.
LD-3--NOT ENFORCED--COUNTRYSIDE, MEADOWS, MORNL~GSIDE.
LI-4---ENFORCE THIS STATEMENT.
J. B.
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From:
Mike Roberto, City Manager
Commissioner Bob Clark ~ (!R~
COPIES TO:
COMMISSION
To:
CC: Mayor and Commissioners
SEP 1 6 1999
. -
....: I
Date:
Cyndie Goudeau, City Clerk
September 15, 1999.
PRESS
CLEAK I AnORNE'(
RE:
Commission Policies
You had asked for each of our input on policies. I submit the following:
. .
.B.D:1.3 concerning wearing of campaigifmaterial. The phrasegor subject to
deliberation by that body" should be added.
~ - Soon - we need to come to grips with our reserve .policy~ . ..4....
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. .-~:.~;~::~lf~~:t/G~;t1 '~.?!'~,l.s.~ne.~con~~~~J~.~.itl'of..$t~()~~~~~r~!ttt~((changa' 'statl9.:n,~'Y~~n.~~cijJ!!':; ,
., and logos very frequently.. I wish I could be the city'sprinterl . .' ~ . .. . ':/}~;fi: ~, . ,
~ - Concerning holiday'lighting probably ;hou'l~ ~be enminated. We don't .follow' .; ";:.~".
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CITY COMMISSION POLICIES
TABLE OF CONTENTS
Boards/Committees
BO-1 Service on Advisory Board and Ad Hoc Committee - page 1
BD-2 Invitation to Advisory Board Dinner - page 2
BD-3 Fiscal Review Committee Terms - page 3
BD-4 Deleted 8/15/96
BD-5 Deleted 8/15/96
BD~6 City Representatives on Non-City Boards; terms and reports - page 4
BO-7 Special Request by Advisory Boards - page 5
80-8 Representative Balance on boards - page 6
80-9 Non-Board Business Functions - Sunshine law - page 7
BO-10 Input to Other Boards/Committees - page 8
BD-11 Advisory Board letterhead - page 9
BO-1 2 Report of input to Advisory Board to City Commission - page 10
BD-1 3 Campaign Material during Meetings - page 11
Budoet
BG-' Special Event Fees - page 12
BG-2 Deleted 8/15/96
BG-3 Deleted 8/15/96
BG-4 General Fund Unappropriated Retained Earnings - page 13
BG-5 Balance of Funds other than General Fund - page 14
BG-6 lease Purchase of Major Capital Acquisitions - page 1 5
BG-7 Deleted 8/15/96
BG-8 10 year Road resurfacing cycle - page 16
BG-9 Deleted 8/15/96
BG-10 Funding for PACT - page 17
BG-11 Administrative & service charges from Proprietary (Enterprise) Funds - page 18
BG-1 2 Utility Transfer Payment - page 19
BG-13 Interfund Administrative Charge - page 20
BG-14 Interfund Other Service Charges - page 21
BG-15 Deleted 8/15/96
BG-16 Financial Support to Social Service Agencies - page 22
BG-17 CRA Contribution to General Fund - page 23
BG-18 Health Insurance Stabilization Fund - page 24
BG-19 Filling position of retired employees still on payroll - page. 25
BG-20 Pilot/Seed Programs - time of duration - page 26
BG-21 Review of Rate Schedules - page 27
BG-22 Review of Annual Financial Audit - page 28
: ,';..i'
':-. ,. 1. .~ .',. .,
:
CITY COMMISSION POLICIES
TABLE OF CONTENTS - Page 2
(continued)
City Commission
CC-1 Departing Commissioners' Gifts - page 29
CC-2 Commission Travel - page 30
CC-3 Deleted 8/15/96
CC-4 Participation in Fund Raisers - page 31
CC-5 Citizen Inquiries - Responses - page 32
CC-6 Staff Projects - 8 hour rule - page 33
CC-7 Deleted 8/15/96
CC-8 Resolutions - majority agreement to prepare - page 34
CC-9 Annual Dinners - newly elected members invited - page 35
CC-10 Proclamations - for whom prepared - page 36
CC-11 Deleted 8/15/96
CC-12 Deleted 8/1 5/96
CC-13 Representation on Boards - taking positions - page 37
CC-14 Televising Commission meetings - page 38
CC-15 Information available to public & press - page 39
CC-16 Distribution of Commission mail - pages 40-41
CC-17 Strategic Planning - page 42
City Emplovees
CE-1 Participating in Auctions - page 43
General Administration
GA-1 Application Fee Waivers - page 44 (amended 6/6/97)
GA-2 Deleted 8/15/96
GA-3 Deleted 8/15/96
GA-4 Sparkling Clearwater - page 45
GA-5 Drew Street Banner - page 46
GA-6 Fire Lanes - enforcement by Fire personnel - page 47
GA-7 Payment of Copyright Fees - page 48
GA-8 Renewal of leases & agreements - time frame - page 49
GA-9 Deleted 8/15/96
GA-10 Deleted 8/15/96
GA-11 Stationery - one form - page 50
GA-12 Welcome letters upon Annexation - page 51
GA-13 Citizens to be Heard Responses - page 52
GA-14 Special Event Street Closure Limitation - page 53
GA-1 5 Investment - pages 54 through 59
, .'~.:. .
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CITY COMMISSION POLICIES
TABLE OF CONTENTS - Page 3
(continued)
land Development
LD-1 Street Vendors - page 60
LD-2 Annexation Agreements - Administrative approval - page 61
LD-3 Subdivision Monuments - page 62
LD-4 Petitions for Annexation - contiguous parcels - page 63
LD-5 Site Plan/Ordinance Pending - page 64
LD-6 Scenic Corridors - support of - page 65
LD-7 Easements - US19 - page 66
LD-8 Variance to RPD Projects - page 67
LD-9 Deleted 8/15/96
lD-10 Deleted 8/15/96
LO-11 Landscaping of City Roads - page 68
LD-12 Parks & Recreation Card to Annexing Property - page 69
LD-13 Subdivision of Property - signs permitted - page 70
LD-14 Mobile Home Park Conversions - pages 71 & 72
LeQal
LG-1 Case Reports - page 73
lG-2 Deleted 8/15/96
LG-3 Deleted 8/15/96
leisure
L1-1 Marina Slip Rental Fees - page 74
L1-2 Marina Parking - page 75
LI-3 Deleted 7/20/95
LI-4 Holiday Decorations - where installed - page 76
LI-5 Amending Rental Fees - notification to Commission - page 77
LI-6 Marina Building Rentals - page 78
Proposed
CC-18 Vice-Mayor - page 79
CE-2 SAMP Salaries - page 80
GA-16 Closing of City Facilities During Emergencies - page 81
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CLEARWATER CITY COMMISSION
General Topic
Boards/Committees
Amends:
Statement:
No. BO-1
Policy Statement
Subject:
Date Adopted: 1/16/90
Amended:
3/19/92
8/15/96
Ad Hoc Committees
Reference:
2/13/84 Work Session
4/14/87 Policy Book Work Session
4/8/96 Special Work Session
Task Forces. as well as. the Charter Review and Budget Advisory Committees are
Ad Hoc Committees. Therefore. members of those committees may also serve on
another City Advisory Board.
Rescinds:
1
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CLEARWATER CITY COMMISSION
No. BO-2
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Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Boards/Committees
Advisory Board Dinner
Amends:
Rescinds:
Reference:
2/27/84 Work Session
4/14/87 Policy Book Work Session
Statement:
Each recipient of an invitation to the Annual Advisory Board dinner may bring
one guest. In those cases where two members of the same household serve on
advisory boards. only one invitation shall be sent to that address. Board
members should attend at least one meeting prior to being invited to the
annual dinner.
" only Dne invitatiDn ;s sent per househDId, it shDuld l1e addressed to
all in the household who are advisory "Dard members.
2
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CLEARWATER CITY COMMISSION
No. BO-3
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Policy Statement
General Topic
Subject: Date Adopted: 1/16/90
Boards/ Committees
Fiscal Review Committee Terms Amended: 8/15/96
Amends:
Rescinds: Reference:
2/27/84 Work Session
4/14/87 Policy Book Work Session
4/18/96 Commission Meeting #37
Statement:
There shall be five members on the Fiscal Review Committee. Each Commissioner
shall appoint one member, Term in office shall run concurrent with the
appointing Commissioner's term.
May want to consider dissolving the CDmmittee if a Budget Task Force
Is 'ormed. " not dissolved; need to clarif'y mission; reconsider how
apPDintments are made and address attendance requirements.
3
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CLEARWATER CITY COMMISSION
No. 80-6
Policy Statement
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General Topic
Subject:
Date Adopted: 3/19/92
Boards/Committees
City Representatives on
Non-City Boards
Amended: 8/15/96
Amends:
Rescinds:
Reference:
4/8/96 Special Work Session
Statement:
Representatives appointed by the City Commission to serve on Non-City Boards.
i.e. Pinellas Sports Authority. Center Foundation. will be limited to no more
than 3 consecutive terms.
These representatives shall keep the City Commission informed of the
activities of the board to which they are appointed by providing annual
reports unless more frequent reports are requested.
Consider an exemption 'Dr City employees apPDinted tD technical or
prD'essiDllal btOards, i.e. Municipal Gas Authority 0' Florida.
Requirement 'Dr annual report has not been 'ollowed.
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CLEARWATER CITY COMMISSION
No. BO-7
Policy Statement
General Topic
Subje~t:
Date Adopted: 3/19/92
Boards/Committees
Special Request
Amends:
Rescinds:
Reference:
2/18/92 Work Session CLK-1
Statement:
Requests from Advisory Boards for special reports and/or projects will require
approval by the City Commission prior to staff commencing efforts in
preparation of same.
The City Manager shall have the discretion to approve certain reports and/or
projects if. in his/her opinion. such report or project will be of benefit to
City operations.
Need clarification re hDw to determine at what point a request'rom an
advisDry bDard requires City Commission apprDval. General comments
were alsD received re hDw to assure the advisory bDards add value tD
Cilj' prDcesses.
5
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CLEARWATER CITY COMMISSION
No. BD-8
Policy Statement
General Topic
Subject:
Date Adopted: 3/19/92
Board/Committees
Representative Balance
Amends:
Rescinds:
Reference:
Statement:
In making appointments to the City's Advisory Boards. the City Commission will
strive to maintain a representative balance of race. gender and area of the
City represented on those boards.
6
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CLEARWATER CITY COMMISSION
No. 80-9
Policy Statement
General Topic
Subject: Date Adopted: 3/19/92
Boards/Committees
Non-Board Business Functions
Sunshine Law
. Amends:
Rescinds:
Reference:
Statement:
In keeping with the Sunshine Law and the opinion of the City Attorney,
advisory boards are requested not to schedule luncheons and other non-board
business functions. This request is made in order to eliminate the
possibility of violation of the Sunshine Law.
7
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CLEARWATER CITY COMMISSION
No. BO-I0
Policy Statement
General Topic
Subject:
Date Adopted: 12/2/93
Boards/Committees
Input to Other Boards/Committees
Amends:
Rescinds:
Reference:
12/2/93 Minutes
Statement:
An advisory board may advise other boards/agencies of concerns regarding
issues if the majority of the board agrees to do so. However. an advisory
board is not to state its position as policy.
8
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CLEARWATER CITY COMMISSION
No. BO-11
Policy Statement
General Topic
Subject:
Date Adopted: 11/29/94
Boards/Committees
Letterhead
Amends:
Rescinds:
Reference:
11/29/94 Minutes
Statement:
Appropriate Advisory Board letterhead may be used when an Advisory Board, an
Advisory Board Chair or Acting Chair writes on behalf of the entire board.
Advisory Board letterhead will not be used when correspondence is written by
an individual board member to express individual concerns. Advisory Board
letterhead will not be used when an individual board member writes to other
governmental agencies, citizens, companies or Clearwater employees concerning
personal opinions. City staff will be available to type letters for an
Advisory Board Chair or Acting Chair only when it relates to actions or
opinions approved by the Board, not individual opinions.
9
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CLEARWATER CITY COMMISSION
General Topic
Boards/Committees
Amends:
Statement:
Policy Statement
Subject:
Input to Advisory Boards
Rescinds:
No. 80-12
Date Adopted: 2/6/92
Reference:
2/6/92 #55
When preparing an agenda item to the City Commission on an issue that has gone
before an advisory board, any petitions or correspondence regarding that issue
received by the advisory board, shall be noted in the background.
10
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CLEARWATER CITY COMMISSION
No. BD-13
Policy Statement
General Topic
Subject:
Date Adopted: 9/19/96
Boards/Committees
Campaign Material during
Meetings
Amends:
Rescinds:
Reference:
9/3/96 Worksession
Statement:
During City Commission and Advisory Board meetings. members should not display
material supporting or opposing candidates or issues on any ballot. This
includes. but is not limited to: buttons. ribbons. T-shirts. bumper stickers
and signs.
11
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CLEARWATER CITY COMMISSION
No. BG-1
Policy Statement
General Topic
Date Adopted: 1/16/90
Subject:
Budget
Amended: 3/19/92
Special Event Fees
Amends:
Reference:
Rescinds:
4/4/82 Agenda Memo #12
4/14/87 Policy Book Work Session
10/16/89 Work Session
Statement:
The Special Events Committee will review applications for use of City beaches,
sidewalks and rights-of-way. Sponsoring organizations will be responsible for
the costs of City services needed in conjunction with the events.
All fees and related charges will be waived for City sponsored or co-sponsored
events: i.e. Fun 'N Sun, Jazz Holiday, July 4th, Turkey Trot and Martin Luther
King Parade. There shall be an annual review of City sponsored/co-sponsored
events during the budget process. An agenda item confirming co-sponsorship
and waiver of fees for those events approved in the budget will be brought for
City Commission approval at the beginning of each fiscal year.
In the event additional monies are requested beyond what is included in the
approved budget, City Commission approval will be needed before said
additional funds are disbursed.
" tile co-sponsorships are approved in the budge~ does a separate
agenda item conDrming this approval need to be agendaed?
12
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CLEARWATER CITY COMMISSION
No. BG-4
Policy Statement
General Topic
Subj~ct:
Date Adopted: 1/16/90
Budget
General Fund
Unappropriated Retained Earnings
Amends:
Rescinds:
Reference:
Annual Budget Books
Statement:
In an effort to ensure adequate financial reserves, the City has determined
that a General Fund Unappropriated Retained Earnings equal to 10% of the
subsequent year's budgeted expenditures shall be maintained whenever
practical. Should funds in excess of 10% be available in any fiscal year.
these funds shall be identified as available. and may be appropriated for
specific Capital Improvement Projects or used to reduce the subsequent year's
ad valorem millage.
It has been determined that this fund shall be maintained as a contingency
fund, and appropriated only in cases of emergency or urgency to meet
unanticipated financial needs.
The Commission wants to address the policy in light of recent budget
apprDvals, including lower reserves.
13
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CLEARWATER CITY COMMISSION
No. BG-5
Policy Statement
; ,~
General Topic
Subject:
Date Adopted: 1/16/90
Budget
Funds other than General Fund
Amends:
Rescinds:
Reference:
Annual Budget Books
Statement:
Revenue budgets may exceed expenditure budgets except in General Funds, which
must balance. However, expenditure budgets may never exceed available
resources.
CDmmission may want tD consider eliminating, as this is a legal
requirement,
14
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CLEARWATER CITY COMMISSION
No. BG-6
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
Lease Purchase of Major Capital Acquisitions
Amends:
Rescinds:
Reference:
Annual Budget Books
Statement:
When fiscally advisable and when consistent with contractual obligations. the
City shall lease purchase all capital items which have a monetary value of at
least $25.000 and a minimum life expectancy of five years. The debt service
on lease purchase items shall be paid by the user department.
15
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CLEARWATER CITY COMMISSION
No. BG-8
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
10 year
Road Resurfacing Cycle
Amended: 3/19/92
8/15/96
Amends:
Rescinds:
Reference:
10/16/89 Work Session
4/8/96 Special Work Session
Statement:
In order to maintain the ,City's streets in keeping with Clearwater's standards
the Commission will attempt to maintain a 10 year cycle for resurfacing roads
by allocating funds for this purpose in the annual budget process.
Eliminate the re'erence to a 10-year cycle as It establishes an
expectatitln that a" streets in the City will be resurFaced eve", 10
years.
16
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CLEARWATER CITY COMMISSION
No. BG-l].
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
PACT
Amended: 8/15/96
Amends:
Rescinds:
Reference:
1989/90 Service Options Manual
4/8/96 Special Work Session
Statement:
A millage levy necessary to generate up to $400.000 per the agreement with the
Performing Arts Center and Theatre (PACT) will be assessed and designated
annually for the support of the Richard B. Baumgardner Center for the
Performing Arts. and Ruth Eckerd Hall. operating under the administration of
PACT. Inc.
As this Is part of the agreement with PACT, is this policy needed?
17
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CLEARWATER CITY COMMISSION
No. BG-ll
Policy Statement
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General Topic
Subject:
Date Adopted: 1/16/90
Budget
Proprietary (Enterprise) Funds
Amends:
Rescinds:
Reference:
1989/90 Service Options Manual
Statement:
All Proprietary (Enterprise) Fund operations shall be self-supporting, and
shall pay administrative and other appropriate service charges to General Fund
Operations for support at a level determined by tile City Commission.
HarbDrvlew Center dDes nDt meet the requirements DF this pDlicy.
18
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CLEARWATER CITY COMMISSION
No. BG-12
Policy Statement
General Topic
Budget
Subject:
Utility Transfer Payment
Date Adopted: 1/16/90
Amended:
3/19/92
8/15/96
Amends:
Rescinds:
Reference:
10/16/89 Work Session
Annual Budget Books
Statement:
The Utility System shall annually transfer to the General Fund an amount
determined appropriate to be considered reimbursement in lieu of taxes.
April 1989 policy adopted by commissioners established this rate at 4.5% of
prior-year gross revenues. This proportionate rate was adopted to accommodate
growth. and replaced prior years' policy of a prescribed dollar contribution.
HISTORICAL NOTE:
Fiscal Year -L Do 11 a r s
1990 4.5 1.772,870
1991 4.5 1.987.380
1992 4.5 2.050.000
1993 4.5 2.062,680
1994 4.5 2.270.050
1995 4.5* 2.438,620
1996 4.5* 2.587,770
* Note: Upon adoption of the Gas Strategic Plan in fiscal year 1995/96. the
Commission agreed to replace the Gas Support contribution with a franchise fee
from natural gas customer accounts payable to the General Fund. This. in
combination with the Gas dividend. offers the General Fund the same level of
support as fiscal year 1995/96.
Insert Mat least" between ~General Fund" and 4/fhe same level" In the
last sentence.
19
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CLEARWATER CITY COMMISSION
No. BG-13
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
Interfund Administrative Charge
Amended:
8/15/96
Amends:
Rescinds:
Reference:
1989/90 Service Options Manual
Statement:
An allocation shall be made annually distributing the costs for administrative
support departments among all operating departments. This distribution shall
be proportionately based on the operating department's annual budget. and
shall not be charged to General Fund departments.
Note: Upon adoption of the Gas Strategic Plan in fiscal year 1995/96. the
Commission agreed to maintain the same charge for administrative support from
the Gas Fund for fiscal year 1995/96 which will be increased annually by the
cost of salary increase index computed by the City Manager (fiscal year
1996/97 - 4%).
Some historical dates, as 86-12, to be added.
20
Amends:
Rescinds:
Reference:
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CLEARWATER CITY COMMISSION
No. BG-14
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Policy Statement
'General Topic
Subject:
Date Adopted: 1/16/90
Budget
Interfund Other Service Charges
1989/90 Service Options Manual
\
Statement:
The cost of services provided to Proprietary Fund Departments by General Fund
Departments shall be charged to. and paid by the user department.
21
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CLEARWATER CITY COMMISSION
Policy Statement
General Topic
Subject:
Budget
Financial Support to
Social Service Agencies
Amends:
Rescinds:
No. BG-16
Date Adopted: 1/16/90
Amended:
3/19/92
8/15/96
Reference:
1989/90 Service Options Manual
4/8/96 Special Work Session
Statement:
The City's budget will include nominal financial support to selected social
service agencies to augment financial requirements.
Does this need to continue as a policy?
22
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CLEARWATER CITY COMMISSION
No. BG-17
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Budget
eRA Contribution to General Fund
Amends:
Rescinds:
Reference:
1989/90 Service Options Manual
Statement:
It is the City's policy that services provided for administrative support to
the Community Redevelopment Agency (CRA) by City employees shall be reimbursed
to the General Fund. Such reimbursement shall be approximate actual costs
incurred by the department, together with any associated costs.
Note: This policy will be revisited once the Development Director is hired
and other issues regarding the Community Redevelopment Agency are addressed.
23
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CLEARWATER CITY COMMISSION
No. BG-18
Policy Statement
General Topic
Subject: Date Adopted: 1/16/90
Budget
Health Insurance Stabilization Fund Amended: 8/15/96
Amends:
Rescinds: Reference:
11/17/88 Agenda Item #53
Statement:
The City Commission authorizes maintaining a special health insurance
stabilization fund to guard against future health care costs.
Are there other purposes 'or which this 'und could be used?
24
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CLEARWATER CITY COMMISSION
No. BG-19
Policy Statement
General Topic
Subject:
Date Adopted: 10/18/93
Budget .
Filling position of retired employees
sti 11 on payroll
Amends:
Rescinds:
Reference:
10/18/93 Minutes
Statement:
Upon review and approval of the City Manager. a vacant position may be filled
while the former employee in that position remains on the payroll. The former
employee's "salary" shall be paid from the Unappropriated Retained Earnings in
the General Fund.
This is no longer being 'oIIDwed. Does not apply tD Enterprise Funds.
25
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CLEARWATER CITY COMMISSION
No. 8G-20
Policy Statement
General Topic
Subject:
Date Adopted: 12/15/92
Budget
Pilot/Seed Programs
Amends:
Rescinds:
Reference:
12/15/92 Goal Setting Minutes
Statement:
When establishing and providing funding for Pilot/Seed programs a set period
of time for such program shall be determined. The length of time will be
determined on a case-by-case basis.
26
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CLEARWATER CITY COMMISSION
No. BG-21
Policy Statement
General Topic
Subject:
Date Adopted: 7/18/96
Budget
Review of Rate Schedules
Amends:
Rescinds:
Reference:
7/18/96 Commission Meeting
Statement:
Rate schedules of the City of Clearwater will be reviewed every 5 years. The
purpose of the review will be to assure rates are set in a manner to be fair
and equitable while covering the City's cost to provide the service.
Use as a gulde/ine; rate studies are not always needed every Rve
years.
27
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CLEARWATER CITY COMMISSION
No. BG-22
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
Budget
Review of Annual Audit
Amends:
Rescinds:
Reference:
5/6/96 Special Work Session
Statement:
A work session will be held each year within 60 days of the release of th~
annual financial audit of the City. At that time, the over all financial
condition of the City and its enterprise funds will be reviewed.
This is nDt being followed.
28
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CLEARWATER CITY COMMISSION
No. CC-1
Policy Statement
City Commission
Subject: Date Adopted: 1/16/90
Amended: 8/15/96
Departing Commissioners' Gifts
General Topic
Amends:
Rescinds:
Reference:
2/19/81 Agenda Item
4/14/87 Policy Book Work Session
5/6/96 Special Work Session
Statement:
Guidelines for Gifts to departing CommissioneP& members are as follows:
Less than one full term:
Plaque. name plate. letter
One full term:
Plaque. name plate. letter. Pewter Tray with Seal. Commission pictures
Two full terms:
Plaque. name plate. letter, fax machine or City watch. Commission pictures
Three or more full terms (Commission and Mayor):
Plaque, name plate. ring. collage or album. tray with seal. letter. gag gift.
caricature
The above are guidelines. Departing gifts shall be chosen in consultation
with the outgOing members. The value of the gifts shall be: a maximum of
$300 for one full term: $500 for two full terms and $600 for more than two
full terms.
29
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CLEARWATER CITY COMMISSION
No. CC-2
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Travel
Commission Travel
Amended:
3/19/92
8/15/96
Amends:
Rescinds:
Reference:
1/1/84 Work Session
4/14/87 Policy Book Work Session
10/16/87 Work Session
5/17/93 Work Session
8/12/96 Work Session
Statement:
The City Commission will follow the provisions of Sec. 2.04 of the Charter and
the City's Travel Code. Chapter 2, Administration, Article IV.
Any travel outside the Tampa Bay area by the Mayor or Commissioners for any
City business where the City pays the cost must be approved by a majority vote
of the Commission. The only exceptions to this rule are the Florida League of
Cities and. when held in Florida, the National League of Cities conferences.
Note: The City Travel Code tracks the State law as currently written. An
amendment to specifically provide for this is being drafted which will make it
unnecessary to change the City Code when and if the State law changes.
30
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CLEARWATER CITY COMMISSION
No. CC-4
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Amended: 8/15/96
City Commission
Fund Raisers
Amends:
Rescinds:
Reference:
4/16/84 Work Session
5/6/96 Special Work Session
Statement:
It shall be at the discretion of individual Commissioners whether or not to
accept invitations to fund raising activities. Expenses incurred by
acceptance are not reimbursible. City employees will not attend these
functions as City representatives.
ReRne policy tt) allow employee representation where appropriate.
31
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CLEARWATER CITY COMMISSION
No. CC-5
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
City Commission
Citizen Inquiries - Responses
Amended:
3/19/92
8/15/96
Amends:
Rescinds:
Reference:
4/30/84 Work Session
5/6/96 Special Work Session
Statement:
In responding to citizen inquiries. the City Manager shall respond to letters
in writing and may respond to telephone calls by return call. Letters or
telephone calls to the City Commission shall be answered by the City Manager,
Mayor, a Commissioner or an appropriate staff person as may be designated.
Copies of correspondence sent to the Commission will indicate by whom the
response will be prepared. Copies of responses will be made available upon
request.
Revise to address e-mail and 'a.Kes,
32
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CLEARWATER CITY COMMISSION
No. CC-6
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Amended: 8/15/96
City Commission
Staff Projects
Amends:
Rescinds:
R~ference:
6/5/85 CC Meeting
5/6/96 Special Work Session
Statement:
A Commission member shall request staff research or projects only through the
City Manager or City Attorney in accordance with the City Charter. Any
request that, in the determination of the City Manager or City Attorney, will
take longer than 8 hours must be approved by a majority of the Commission.
33
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CLEARWATER CITY COMMISSION
General Topic
City Commission
Amends:
Statement:
No. CC-8
Policy Statement
Subject:
Resolutions
Rescinds:
Date Adopted: 1/16/90
Amended:
8/15/96
Reference:
4/14/87 Policy Book Work Session
An individual Commissioner may request a resolution. However. prior to
preparation of the resolution. there must be a majority of the Commission
members agreeing to do so.
34
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CLEARWATER CITY COMMISSION
No. CC-9
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
City Commission
Annual Dinners
Amends: .
Rescinds:
Reference:
Statement:
Newly elected Commission members shall be invited to the Annual Phil lies and
Advisory Board dinners.
35
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CLEARWATER CITY COMMISSION
No. CC-10
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
City Commission
Proclamations
Amends:
Rescinds:
Reference:
5/22/86 CM Office Memo
3/21/96 Commission Meeting
Statement:
The City of Clearwater will consider issuing proclamations from all segments
of the community without regard to gender. race. ethnicity or handicap.
The City of Clearwater will not issue proclamations to companies. "for profit"
organizations, profit making agencies. political organizations or religious
organizations.
36
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CLEARWATER CITY COMMISSION
No. CC-13
Policy Statement
General Topic
Subject:
Date Adopted:
City Commission
Representation on Boards
Amends:
Rescinds:
Reference:
Statement:
Whenever possible. a Commission member appointed by the Commission as its
representative on a board or committee (PPC. MPO. etc.) will receive
Commission input prior to taking a position regarding issues coming before
that board. If not possible to obtain Commission input. the Commissioner is
to act to the best of their ability in the City's interest.
37
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CLEARWATER CITY COMMISSION
No. CC-14
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
City Commission
Televising Commission Meetings
Amends:
Rescinds:
Reference:
4/15/96 Work Session
Statement:
All regular City Commission meetings and Work Sessions will be televised on C-
View. Efforts will be made to also televise specially scheduled meetings and
work sessions. However. there will be times when this is not possible. or
practical. No closed door attorney/client or bargaining sessions will be
televised.
38
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CLEARWATER CITY COMMISSION
No. CC-15
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
City Commission
Information available to Public & Press
Amends:
Rescinds:
Reference:
4/8/96 Special Work Session
Statement:
All material prepared by the City Manager and the City Attorney for the
Commission shall be provided to the press and to the public via a special box
in the City Clerk's Department. Reports shall be made available in the
Clerk's Department for the public to review.
39
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CLEARWATER CITY COMMISSION
No. CC-16
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
City Commission
Distribution of Commission Mail
Amends:
Rescinds:
Reference:
4/8/96 Special Work Session
Statement:
All mail to the Mayor-Commissioner and the Commissioners arrlvlng at City Hall
received pursuant to the law or in connection with the transaction of official
business by the City of Clearwater shall be copied as follows:
A. Each Commission member will receive the original of items addressed to
them whether anonymous or not. Copies of everything will be made for
the City Clerk Department. the Legal Department. and the public
information file. Mail will be delivered to the Commission at least
once per week. On days mail is not delivered. incoming mail will be
faxed to each Commission member.
B. Other anonymous letters and suggestions will not be distributed.
C. Publications and lengthy agenda materials for other boards upon which
the Commissioners serve will not be copied. Only the agendas will be
circulated. Items of considerable length (such as petitions) will not
be copied, but instead a memo will be distributed announcing the
availability of the item in the office.
D. Mail with the words similar to "Personal". "Confidential", or "For the
Addressee Only" will be delivered unopened to the addressee.
E. The Mayor-Commissioner and Commissioners receiving individually
addressed mail will be responsible for replying, asking the City Manager
or City Attorney to reply, or placing the matter on the agenda for
formal Commission consideration.
40
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CC-16 Cant.
F. The City Manager will be responsible for seeing that mail addressed to
the Commission as a whole is properly answered or placed on the agenda.
G. The City Manager will discuss with the Mayor malicious mail.
H. When a Commissioner serves on a board as the City Commission's
representative, that Commissioner shall keep the City Commission and the
City Manager informed of the board's activities by providing periodic
written or oral reports as the Commissioner deems appropriate.
Note: This policy is to be reviewed in approximately one month.
41
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CLEARWATER CITY COMMISSION
No. CC-17
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
City Commission
Strategic Planning
Amends:
Rescinds:
Reference:
4/8/96 Special Work Session
Statement:
Each year the City Commission shall meet in a strategic planning sess;on(s) to
develop a five-year strategic plan which will include a three-year financial
forecast presented to the City Manager and will be the beginning of the budget
process for the next fiscal year.
Eliminate and rewrite in keeping with Strategies 'Dr Success.
42
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CLEARWATER CITY COMMISSION
No. CE-1
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
City Employees
Participating in Auctions
. Amends:
Rescinds:
Reference:
11/29/78 Purchasing Memo
4/14/87 Policy Book Work Session
Statement:
City employees and Commissioners are prohibited from participating in City
auctions involving the sale of property which has either been abandoned and
confiscated. acquired with public funds or which has otherwise come into the
possession of the City. They may attend as spectators but may not bid on or
purchase items offered for sale. All actions that would lead to perceptions
of participation. such as a family member bidding on items. should be avoided.
It is the intent of this policy to avoid giving "insider" information or a
profit motive to employees or their families in the disposal of surplus items.
43
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AMENDED
CLEARWATER CITY COMMISSION
No. GA-1
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
General Administration
Application Fee Waivers
Amended:
3/19/92
8/15/96
6/6/97
Amends:
Rescinds:
Reference:
9/17/81 Agenda Item #95
4/14/87 Policy Book Work Session
2/18/92 Work Session #CLK-1
6/6/97 Commission Meeting #16
Statement:
Generally, a~plicatio~ fees will not be v/aived except for buildinq permit.
occuRational license, plan review and zoninq-related application fees will not
be waived except for City pro.iects and other governmental agencies. If staff
believes special conditions exist. such requests may be brought to the
Commission for consideration. Application fee waivers for governmental
agencies will include all governmental projects including those in which the
governmental agency is leasing property from a third party. providing the
governmental agency is the entity which applies for and obtains the permit.
PACT will be considered a governmental entity when considering application fee
waivers.
NOTE: The City Clerk's Research regarding waiver of application fees shows
the following:'
Chi Chi Rodriquez Youth Foundation - no waivers
Center Foundtion ~ waive building permit fees
Pinellas County - waived building permit fees for work done by County forces;
waive fees for variance application
State of Florida ~ waive fees for variance applications
Clearwater Ferry ~ waive building permit fees
St. Petersburg Jr. College - refunded building permit fee for parking lot
None of the above includes waiving impact fees.
44
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. CLEARWATER CITY COMMISSION
No. GA-4
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
General Administration
Sparkling Clearwater
Amends:
Rescinds:
Reference:
1/21/86 PW Memo
4/14/87 Policy Book Work Session
10/16/89 Work Session
Statement:
In order to maintain and enhance the image of Sparkling Clearwater, the
Commission supports staff in enhanced solid waste recycling and conservation
projects. tightening and increasing enforcement of codes (i .e.. fence
landscaping, prohibition of banners. lot clearing. etc.). Staff is also
directed to place a greater emphasis on and coordinate aesthetic consideration
on site plans and other development review (i.e., placement of dumpsters,
landscaping). Educational and incentive programs for both City staff and the
public addressing this issue should be developed. It is the desire of the
City Commission to expand the "Make It Sparkle" program.
Reword in keeping with Strategies 'or Success.
45
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CLEARWATER CITY COMMISSION
No. GA-5
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
General Administration
Drew Street Banner
Amends:
Rescinds:
Reference:
4/3/86 CC Meeting
4/14/87 Policy Book Work Session
10/16/89 Work Session
Statement:
The City Manager may approve banners to be placed on the designated right of
way where Drew Street terminates at Cleveland Street. Requests may be
submitted one calendar year prior to the intended installation date and will
be approved for a one-week time period. The City Manager may, if no other
requests have been received, extend the approval for an additional weekend (2
days) .
Eliminate.
46
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CLEARWATER CITY COMMISSION
Policy Statement
General Topic
Subject:
General 'Administration
Fire Lanes
" Amends:
Rescinds:
Statement:
No. GA-6
Date Adopted: 1/16/90
Amended: 3/19/92
5/7/92
Reference:
11/15/84 Agenda Item #69
Fire Department personnel will participate in the enforcement of parking
violations pertaining to fire lanes and fire hydrants.
47
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CLEARWATER CITY COMMISSION
No. GA-7
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
General Administration
Copyright Fees
Amends:
Rescinds:
Reference:
3/18/85 Work Session
4/14/87 Policy Book Work Session
Statement:
The City shall pay the necessary copyright fees to ASCAP for those concerts in
the bandshell co~sponsored by the City. The City shall provide a monthly
report to ASCAP regarding activities in the bandshell and ASCAP shall be
responsible for collecting the fees from bands participating in non-City
sponsored programs.
Need tD eliminate Dr expand to include all events.
48
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CLEARWATER CITY COMMISSION
No. GA-8
Policy Statement
I'..
General Topic
Subject:
Date Adopted: 1/16/90
General Admini.stration
Renewal
Amends:
Rescinds:
Reference:
2/18/86
Statement:
All renewals of agreements the City has with organizations or tenants should
be presented to the Commission at least sixty (60) days prior to the
expiration of the original term.
49
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CLEARWATER CITY COMMISSION
No. GA-11
Policy Statement
General Topic
Subject:
General Administration
Stationery
Date Adopted: 3/18/96
Amended: 8/15/96
Amends:
Rescinds:
Reference:
3/18/96 Worksession Minutes
5/6/96 Special Work Session
Statement:
The City shall have one form of stationery on which the City seal will be
imprinted. Paper stock will be recyclable. Other forms in supply will be
allowed to be used until said supply is depleted.
Exception: The Gas Division may continue to use its logo but the City Seal
must be located somewhere on the stationery.
Cunentstationery does nDt cDn'orm to this pDlicy in that the City seal
is not always included.
50
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CLEARWATER CITY COMMISSION
No. GA-12
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
General Administration
Welcome letters
Amends:
Rescinds:
Reference:
Statement:
Upon adoption of an Annexation Ordinance staff will prepare a letter for the
Mayor's signature welcoming the new resident to Clearwater.
51
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CLEARWATER CITY COMMISSION
~o. GA-13
Policy Statement
General Topic
Subject:
Date Adopted: 8/15/96
General Administration
Citizens to be Heard Responses
Amends:
Rescinds:
Reference:
Statement:
Responses will be sent to those addressing the Commission under Citizens to be
Heard regarding Items not on the Agenda. For those not requiring a specific
response. a letter will be sent from the Mayor. thanking the speakers for
their input.
Letters are not being sent when no respDnse is needed.
52
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CLEARWATER CITY COMMISSION
No. GA-14
Policy Statement
. General Topic
Subject:
Date Adopted: 8/15/96
General Administration
Special Event Street Closure Limitation
Amends:
Rescinds:
Reference:
4/15/96 Worksession
Statement:
Street closures for special events shall be limited to two (2) per calendar
year requested by anyone non-profit or for-profit organization. The City of
Clearwater shall be exempt from this limitation. The City shall comply with
any Florida Department of Transportation policies regarding street closures of
state roads.
53
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CLEARWATER CITY COMMISSION
No. GA-l~
Policy Statement
General Topic
Subject:
Date Adopted: 9/7/95
General Administration
Investment
Amends:
Rescinds:
Reference:
Commission Meeting. Item #50. 9/7/95
Statement:
(1) SCOPE
The statement of investment policy and guidelines applies to all investments
of the City's pooled cash. which includes cash and investment balances of the
following funds: General, Special Revenue. Debt Service, Capital Projects.
Enterprise, Internal Service Funds. and Trust Funds.
The policies set forth do not apply to the Employee Pension and Deferred
Compensation Funds of the City of Clearwater. deposits for defeased debt. or
assets under Bond Trust Indenture Agreements.
(2) INVESTMENT OBJECTIVES
A. Safety of principal is regarded as the highest priority in the handling of
investments for the City. All other investment objectives are secondary to
the safety of capital. Each investment transaction shall seek to first ensure
that capital losses are avoided.
From time to time. however. securities may be traded for other similar
securities to improve yield. maturity or credit risk. For these transactions,
a loss may be incurred for accounting purposes, providing any of the following
occurs with respect to the replacement security: the yield has been
increased. or the maturity has been reduced, or the quality of the investment
has been improved.
B. The City's investment strategy will provide sufficient liquidity to meet
the City's operating, payroll and capital requirements. To accomplish this
54
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the portfolio will be "laddered" with maturates each month except for those
months in which significant Ad Valorem taxes are received. To the extent
possible, the City will attempt to match its investments with anticipated cash
flow requirements. Unless matched to a specific cash flow requirement, the
City will not directly invest in securities maturing more than 15 years from
the date of purchase. And unless, specifically matched against a debt or
obligation not more than 10% of the portfolio will have a maturity greater
than 10 years.
C. The City's investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and economic cycles,
taking into account the City's investment risk constraints and the cash flow
characteristics of the portfolio.
(3) PERFORMANCE MEASUREMENT
The benchmark yield for the operating portfolio will be the weighted average
yield determined by using the following maturity distribution and the related
U.S. Treasury yields. Treasury yields are considered benchmark for riskless
investment transactions and, therefore comprise a minimum standard for the
operating portfolio's rate of return. The investment program shall seek to
augment returns above this threshold, consistent with risk limitations
identified herein.
Average Treasury Rates
Percentage Distribution
Overnight rate
3 month Treasury Bill rate
6 month Treasury Bill rate
1 year Treasury Bill rate
3 year Treasury Note rate
25%
20%
15%
20%
20%
100%
(4) PRUDENCE AND ETHICAL STANDARDS
The standard of prudence to be applied by the investment officer shall be the
"Prudent Person" rule, which states: "Investments shall be made with judgment
and care, under circumstances then prevailing, which persons of prudence,
discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of
their capital as well as the probable income derived." The "Prudent Person"
rule shall be applied in the context of managing the overall portfolio.
(5) AUTHORIZED INVESTMENTS
1. The City shall limit investments, as authorized in Florida Statutes to:
55
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a. Negotiable direct obligations of, or obligations the principal and
interest of which are unconditionally guaranteed by, and which carry the full
faith and credit of the United States Government and its agencies.
Investments in this category would include but not be limited to the
following: United States Treasury Bills. Notes and Bonds, and securities
issued by the Small Business Administration. Government National Mortgage
Association (Ginnie Mae). Veterans Administration, and Federal Housing
Administration.
b. Fully collateralized United States Agency obligations which carry an
implied guarantee and the implied full faith and credit of the United States
government. Investments in this category would include but not be limited to
the following: obligations of the Federal Home Loan Banks System (FHLB) or
its distinct banks and Financing Corporation (FICO).
c. Other United States Agency obligations which carry an implied guarantee
and the implied full faith and credit of the United States Government.
Investments in this category would include but not be limited to the
following: obligations of the Federal Farm Credit Bank, Federal National
Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation
(Freddie Mac), Student Loan Marketing Association (Sallie Mae), Financial
Assistance Corporation and Federal Agriculture Mortgage Corporation (Farmer
Mac).
d. Interest bearing savings accounts. money market accounts, certificates of
deposit, money market certificates or time deposits constituting direct
obligations of any bank or savings and loan association certified as a
qualified Public Depository by the State of Florida.
e. Collateralized Mortgage Obligations (CMO) and/or Real Estate Mortgage
Investment Conduits (REMIC), rated AAA or equivalent by Standard and Poor's.
Moody's or Fitch with an estimated maturity and class or tranche not to exceed
5 years. which are backed by securities otherwise authorized in this policy
and which are guaranteed as to the timely payment of principal and interest by
the US Government or its Agencies.
f. Repurchase Agreements and reverse repurchase agreements collateralized by
securities otherwise authorized in this policy.
g. State of Florida Local Government Surplus Funds Trust Fund.
(6) MATURITY AND LIQUIDITY REQUIREMENTS
56
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A. The City will attempt to forecast expected cash outflows and inflows by
major categories. For months that the outflows exceed inflows the City will
have investments maturing that month in excess of the forecasted deficits.
B. As stated above the City will ladder its maturates so that there are
maturates each month with the exception of months when the majority of Ad
Valorem taxes are received.
C. The City will attempt to keep the weighted average maturity to three years
or less. Due to market conditions and cash needs the average maturity may
temporarily be greater than three years but no greater than four years.
(7) PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION
Assets held shall be diversified to control risk of loss resulting from
overconcentration of assets in a specific maturity, issuer, instrument.
dealer. or bank through which these instruments are bought and sold.
Diversification strategies within the established gUidelines shall be reviewed
and revised periodically as necessary by the Investment Committee.
(8) AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS
A. Banks - Certificates of deposit purchased under the authority of this
policy will be purchased only from Qualified Public Depositories of the State
of Florida as identified by the State Treasurer, in accordance with Chapter
280 of the State Statutes.
B. Broker/Dealer Approvals and Limitations - Time. practicality. and general
business constraints limit the number of investment relationships which can be
managed on a regular basis. In most cases. normal investment activity will be
limited to no more than ten dealer relationships. A broker/dealer list will
be established by the Finance Director or designee. This list will be
presented to the Investment Committee for approval. This list will be updated
as needed and approved the Investment Committee.
(9) THIRD PARTY CUSTODIAL AGREEMENTS
All securities purchased by the City under this policy shall be purchased
using the Ndelivery versus payment" procedure. For all purchases and sales of
securities the third party custodial will be notified by fax of the
transaction including all details of the securities purchased or sold. The
notification will be signed by two individuals authorized to make investment
decisions.
57
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(10) MASTER REPURCHASE AGREEMENT
All approved institutions and dealer transacting repurchase agreements shall
be covered by a Master Repurchase Agreement. All repurchase agreement
transactions shall adhere to the requirements of the Master Repurchase
Agreement.
(11) BID REQUIREMENTS
After the Finance Director or designee has determined the appropriate maturity
based on cash flow needs and market conditions and has selected one or more
optimal type of investment, the security ill question shall, when feasible and
appropriate, be competitively bid. Competitive bids or offerings shall be
received from at least three dealers/brokers on all sales or purchases except
in situations where:
A. The security involved is a unew issue" and can be purchased "at the
auction"
B. The security has a fixed "postal-scale" rate
C. The security involved is available through direct issue or private
placement
D. The security involved is of particular special interest to the entity and
dealer competition could have an adverse impact with respect to the price and
availability to the City.
It is also realized that in certain very limited cases the City will not be
able to get three quotes on a certain security. For those cases the City will
obtain current market prices by one of the following to determine if the
transaction is in the City's best interest: 1) Bloomberg Information Delivery
System, 2) Wall Street Journal or a comparable nationally recognized financial
publication providing daily market pricing, and 3) Daily market pricing
provided by the City's Custody Agent or their corresponding institution.
(12) INTERNAL CONTROLS
The Finance Director shall establish and monitor internal and procedural
controls designed to protect the City's assets and ensure proper accounting
and reporting of the transactions related thereto.
The Finance Director shall establish an Investment Committee that meets on a
regular basis for the purpose of reviewing investment transactions. approving
brokers/dealer changes and other investment activities.
58
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(13) REPORTING
The Finance Director or designee shall report on at least an annual basis the
following information on the City's investments: A) Securities by class/type,
B) Book Value. C) Market Value, and D) Income Earned
59
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CLEARWATER CITY COMMISSION
No. LD-l
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Amended: 3/19/92
Land Development.
Street Vendors
Amends:
Rescinds:
Reference:
7/21/82 eM memo
4/14/87 Policy Book Work Session
Ord. #5821-95
Statement:
Administration will not process requests for approval of street vendors (i.e..
hot dog stands. popcorn stands). This prohibition will exclude such vendors
requested in conjunction with Special Events approved by the City Commission
or as otherwise may be provided in the Land Development Code. Ord. #5821-95
allows sidewalk vendors in or immediately adjacent to public parks in the
Urban Center District.
Is this policy still needed in light 0' the new Community Development
Code?
60
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CLEARWATER CITY COMMISSION
No. LD-2
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Land Development
Annexation Agreements
Amends:
Rescinds:
Reference:
6/21/84 Agenda Item #100
Statement:
The City Manager is authorized to approve routine annexation agreements
involving one existing or proposed residences. Where a discrepancy exists
regarding land use designations, right-of-way requirements. or any other
circumstances. administrative approval is not authorized. A quarterly report
of administrative approval is requested.
61
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CLEARWATER CITY COMMISSION
No. LD-3
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Land Development
Subdivision Monuments
Amended: 3/4/93
Amends:
Rescinds:
Reference:
2/19/81 Agenda Item #13
4/14/87 Policy Book Work Session
3/4/93 Agenda Item #34
Statement:
New entranceway landscaping, monuments. signage, and walls shall not be
allowed within the public rights-of-way of the City of Clearwater. Such
special treatments are to be upon private property and in accordance with all
applicable codes and regulations. The owners of all existing entranceway
features occupying public property are to execute an agreement with the eity
of Clearwater wherein owners agree to keep all features in good repair. hold
the City harmless for any liability arising from the use of the public right-
of-way, and provide a $500.000 liability insurance policy. Upon failure of
the owners to execute such agreement and provide the required insurance policy
after forty-five days from written notice, or by tagging the structure when
owners cannot be determined. or upon failure of the owners to repair or
Inaintain any feature of the site which has fallen in disrepair after similar
notice. the Public Works Department is to remove all such materials occupying
the public right-of-way. A wooden sign with breakaway features approved by
the City Engineer may be allowed within the public right-of-way when
associated with the Parks and Recreation UAdopt a Park" program. and is to be
limited to a size necessary to name the sponsoring agency in 3-inch letters.
Such sign to be a maximum height of 18-inches.
Reword to allow FDr traffic calming.
62
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CLEARWATER CITY COMMISSION
~o. LD-4
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Land Development
Petitions for Annexation
Amends:
Rescinds:
Reference:
4/21/83 Agenda Item #21
Statement:
Request to be made that all contiguous parcels under the same ownership be
annexed simultaneously.
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CLEARWATER CITY COMMISSION
No. LD-5
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Land Development
Site Plan/Ord. Pending
Amended: (Reword only)
3/19/92
Amends:
Rescinds:
Reference:
6/2/83 Agend Item #7
7/14/83 Planning Memo
10/16/89 City Attorney Memo
Statement:
After receipt and referral of an Ordinance amending the Land Development Code.
minor plan changes to certified site plans may be accepted even if the
proposed Ordinance relates to the proposed change. The request will still
follow established procedures for processing.
No building or site plans will be approved which are inconsistent with the
pending ordinance.
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CLEARWATER CITY eOMMISSION
General Topic
Land Development
Amends:
Statement:
No. LD-6
Policy Statement
Subject:
Date Adopted: 1/16/90
Scenic Corridors
Rescinds:
Reference:
1/10/85 Agenda Item #83
Support for limited development, low density residential development on scenic
corridors.
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CLEARWATER CITY COMMISSION
General Topic
Land Development
Amends:
Statement:
No. LD-7
Policy Statement
Subject:
Date Adopted: 1/16/90
Amended: 8/15/96
Easements - US19
Rescinds:
Reference:
3/21/85 Agenda Item #52
The City will request 40-foot drainage and utility easements from developments
along US19.
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CLEARWATER CITY COMMISSION
No. LD-8
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Amended: 3/19/92
Land Development
Variance to RPD Projects
Amends:
Rescinds:
Reference:
10/3/85 CC Meeting #57
4/14/87 Policy Book Work Session
Statement:
No requests for additional enclosures in RPD (Residential Planned Development)
projects that have been approved with zero lot lines are to be accepted.
No variances in RPD projects shall be allowed without City Commission
approval. In most cases. when the eommission approves the variance, they will
require amendment to the site plan rather than approve as an individual
variance. .
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CLEARWATER eITY COMMISSION
No. LD-11
Policy Statement
General Topic
Subject:
Date Adopted: 3/19/92
Land Development
Landscaping of City Roads
Amends:
Rescinds:
Reference:
Statement:
Whenever possible, landscaping will be a part of City road and street
improvement/construction projects.
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CLEARWATER CITY COMMISSION
No. LD-12
Policy Statement
General Topic
Subject:
Date Adopted: 2/3/94
Amended: 8/15/96
Land Development
Parks & Recreation Card
to Annexing Property
Amends:
Rescinds:
Reference:
2/3/94 Minutes
statement:
Resident Parks & Recreation cards may be obtained by petitioners for
annexation upon acceptance of the application.
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CLEARWATER CITY COMMISSION
No. LD-13
Policy Statement
General Topic
Subject:
Date Adopted: 6/18/92
Land Development
Subdivision of Property
Amends:
Rescinds:
Reference:
6/18/92 Minutes
Statement:
If property was subdivided before 1982 into not more than two parcels. the
City accepts the division and permits signs on each parcel.
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CLEARWATER CITY COMMISSION
No. LD-14
Policy Statement
General Topic
Subject:
Date Adopted: 9/19/96
Land Development
Mobile Home Park Conversions
Amends:
Rescinds:
Reference:
7/29/96 Work Session
Statement:
Objective 1.0 - Mobile homes are a component of the City of Clearwater's stock
of affordable housing and should be maintained as a housing option for
existing and future residents, so long as they are located outside the coastal
high hazard zone.
Policy 1.1 - The City of Clearwater shall continue to use and maintain
the RMH zoning classification to define existing mobile home park properties
and to establish clear standards for any future development of new mobile home
parks.
Ob.iective 2.0 - Determination of adequate facilities for relocation of mobile
home owners shall occur prior to official eity action. including approval of
rezoning.
Policy 2.1 - The City shall make a determination that adequate mobile
home parks or other suitable facilities exist for the relocation of mobile
home owners prior to taking official action. including approval of a rezoning,
which results in the removal or relocation of mobile home owners. In so
dOing,- the City may consider voluntary arrangements or agreements witth the
Clearwater Hous'ing Authority or Clearwater Neighborhood Housing Services to
relocate qualifying residents or other voluntary arrangements for relocation
of mobile home residents displaced through the conversion process; however,
the City shall not require such arrangements as a condition of rezoning or
other approval.
LD-14 Cont.
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O~jective 3.0 - eonversion of existing mobile home park sites to other land
uses shall be compatible with surrounding land uses.
Policy 3.1 - The Planned Development zoning classification shall be
utilized for mobile home park sites that are proposed to be converted to
another land use category where determined necessary to address site specific
buffering. land use compatibility or other design issues.
Policy 3.2 - City development review processes and procedures shall be
evaluated in light of this policy document, with any needed changes to
- implement the specific goals. objectives and policies of this document
completed by July 18. 1997.
Is tl1is needed as a policy as it is part of the Comprehensive Plan?
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CLEARWATER CITY COMMISSION
No. LG-1
Policy Statement
,
,
-,
General Topic
Subject:
Date Adopted: 1/16/90
Legal
Case Reports
Amends:
Rescinds:
Reference:
7/14/87 CA Memo
Statement:
The City Attorney shall furnish to the City Commission a quarterly report of
peDding litigation, identifying each case, opposing counsel, the nature of the
case. and the status of the case as of the date of the report. In addition.
the City Attorney shall keep the City Commission and City Manager advised from
time to time as to significant developments in each case.
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CLEARWATER CITY COMMISSION
No. L I -1
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Leisure
Marina Slip Rental Fees
Amended: 3/19/92
Amends:
Rescinds:
Reference:
5/5/83 Agenda Item #10
4/14/87 Policy Book Work Session
(Not Ratified)
Ord. #3436, Dtd. 3/15/84
10/16/89 Work Session
Statement:
Marina slip rental rates for shall be charged on a per foot per slip length
basis. Oversized boats shall be charged the slip length rate plus a per foot
charge for each foot the boat extends beyond the slip. The City Manager may
approve rate increases, in accordance with Sec. 33.028, Code of Ordinances. of
up to 5%, based on annual surveys of rates charged by -other municipal marinas
and so notify the City Commission. Increases above 5% will require City
Commission approval.
Note: This policy will need to be deleted or amended once the Marina Business
Plan is approved.
Eliminate as Marine Business Plan has been approved.
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CLEARWATER CITY COMMISSION
No. L I - ~
Policy Statement
General Topic
Subject:
Date Adopted: 1/16/90
Leisure
Marina Parking
Amends:
Rescinds:
Reference:
7/9187 Harbormaster Memo
Statement:
Marina tenants may purchase parking permits that will allow the holder of the
permit to parK in any available metered space in the Marina lot. with the
exception of the half hour spaces in front of the Marina Building, without
paying the meter rate. Permits will be available in the following categories:
1) one half day; 2) all day; 3) monthly; or 4) yearly.
This policy is to be deleted once the Marina Business Plan is approved.
Elim/nateas Marine Business Plan has been approved.
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CLEARWATER CITY COMMISSION
No. LI-4
Policy Statement
General Topic
Subject:
Date Adopted: 10/12/92
Leisure
Holiday Decorations
Amends:
Rescinds:
Reference:
10/12/92 Minutes
Statement:
Holiday Decorations along the Right-of-ways to be installed or paid for by the
City will be limited to the Downtown core and Memorial Causeway.
Eliminate; nD longer applicable.
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CLEARWATER CITY COMMISSION
No. LI-5
Policy Statement
General Topic
Subject:
Date Adopted: 6/1/95
Leisure
Amending Rental Fees
Amends:
Rescinds:
Reference:
6/1/95 Minutes
Statement:
The City Manager shall notify the Commission 30 days in advance of
implementing adjustments to rental fees for City facilities.
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CLEARWATER CITY COMMISSION
No. LI-6
Policy Statement
General Topic
Subject:
Date Adopted: 6/12/95
Leisure
Marina Building Rentals
Amends:
Rescinds:
Reference:
Statement:
The City Manager & Harbormaster shall have the option to bid or negotiate the
lease based on rate and mix of tenant services. Staff to issue statement
outlining appropriate tenant mix. Set a rental rate range of between $9 PSF
to $12 PSF for second floor rooms and a range of between $12 to $18 PSF for
first floor rooms. Current bUilding tenants will receive first opportunity to
rent a vacant space in the building.
Continue the policy of negotiating the lease with the tenant and consider
his/her record as a tenant during the ending lease period.
The City Manager and Harbormaster will review and approve the- business that is
assigned to the space.
Adopt an ordinance that will allow the City Manager to approve and execute
Marina bUilding For Profit Lease Agreements for a three year period. Current
building tenants would have the option of a three year lease approved by the
City Manager or a five year lease approved by the City Commission.
Continue using the "Standard" Lease Agreement. with the City Manager added as
the approving authority on three year leases. Add to the Standard Agreement
when to be in business.
Continue with a percentage of gross sales with these two leases. Other Marina
businesses that sell merchandise will have either a percentage of gross sales
or yearly CIP increase added to their Lease Agreement.
Eliminate as Marille Business Plan has been approved.
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PROPOSED
CLEARWATER CITY COMMISSION
No. CC-18
Policy Statement
General Topic
Subject:
Date Adopted:
Commission
Vice-Mayor
Amends:
Rescinds:
Reference:
4/12/99 Worksession
Statement:
Beginning is April 2000, the appointment of Vice-Mayor will rotate annually
among the City Commission seats in the following order: #2 - Year 2000: #3-
Year 2001: etc. An individual may decline the appointment. in which case, the
appointee shall rotate to the next seat.
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PROPOSED
CLEARWATER CITY COMMISSION
No. CE-2
Policy Statement
General Topic
Subject:
Date Adopted:
City Employees
SAMP Salaries
Amends:
Rescinds:
Reference:
Statement:
Salary increases for SAMP employees will be established as a composite average
of increases provided for union employees.
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PROPOSED
CLEARWATER CITY COMMISSION
No. GA-16
Policy Statement
General Topic
Subject:
Date Adopted:
General Administration
Closing of City Facilities
During Emergencies
Amends:
Rescinds:
Reference:
Statement:
Non-essential City of Clearwater government offices and functions will be
closed when Pinel'as County Schools are closed due to severe weather or
potential natural or other disasters.
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